Res 1668 - Water Treatm Eng Ser
COUNCIL BILL NO. 2371
RESOLUTION NO. 1668
A RESOLUTION ENTERING INTO AN AGREEMENT WITH KENNEDY/JENKS CONSULTANTS
FOR PROFESSIONAL ENGINEERING SERVICES FOR DEVELOPMENT OF A WATER
TREATMENT AND STORAGE PROJECT AND AUTHORIZING THE MAYOR TO SIGN SUCH
AGREEMENT.
WHEREAS, The City of Woodburn has determined that a project is needed to treat
the city's water supply to remove iron and manganese and resolve storage deficiencies and
plan for expanded water supply capacity to accommodate the community's projected
growth, and
WHEREAS, The city will, by January 2006, be required to reduce the level of arsenic
in the city water supply to comply with federal safe drinking water standards and may be
also required to reduce radon levels in the water supply, and
WHEREAS, The water treatment and storage project will reduce the arsenic and radon
levels present in the water supply and allow the city to comply with federal safe drinking
water standards, and
WHEREAS, Professional engineering services are required for the design and
construction engineering services required for the water treatment and storage project, and
WHEREAS, The city solicited qualifications and proposals from firms for the
professional engineering services required for the water treatment and storage project, and
WHEREAS, The city determined that Kennedy/Jenks Consultants was the best
qualified firm to provide the professional engineering servicesr and
WHEREAS, The city and Kennedy/Jenks Consultants have developed an agreement
to provide the required services; NOW THEREFORE
Page 1 -
COUNCIL BILL NO. 2371
RESOLUTION NO. 1668
I IT
I
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement, which is affixed as
Attachment "A" and by this reference incorporated herein, with Kennedy/Jenks Consultants
for professional engineering services which are required for the design and construction
engineering services required for the water treatment and storage project.
Section 2. That the Mayor of the City of Woodburn be authorized to sign said
agreement on behalf of the City.
Approved as to form:cn.~ ~
City Attorney
2- 6 - '2 '.)0 2
Date
APPROVED:
Passed by the Council February 11, 2002
Submitted to the Mayor Februa ry 12, 2002
Approved by the Mayor February 12, 2002
Filed in the Office of the Recorder February 12, 2002
ATTEST:
~-J
Mar Te ant, Recorder
City of Woodburn, Oregon
Page 2-
COUNCIL BILL NO. 2371
RESOLUTION NO. 1668
r
"'If IE"
...
ATTACHUENT~
Page~of~
AGREEMENT FOR CONSULTING SERVICES
BETWEEN CITY OF WOODBURN
AND KENNEDY/JENKS CONSULTANTS
FOR
WOODBURN WATER TREATMENT
AND STORAGE PROJECT
PREAMBLE
THIS AGREEMENT is made and entered into on this _ day of , 20_, by and
between City of Woodburn, hereinafter referred to as "Owner," and Kennedy/Jenks Consultants, a
California corporation, hereinafter referred to as "Consultant".
RECIT ALS
WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to
accomplish the work within the required time;
WHEREAS, Owner desires to retain Consultant to perform the engineering work in the manner, at the
time, and for the compensation set forth herein;
NOW, THEREFORE, Owner and Consultant agree as follows:
I. DESCRIPTION OF PROJECT
Owner and Consultant agree the Project is as described in Exhibit A, entitled "Description of Project. "
If, during the course of Project, Owner and Consultant agree to changes in Project, such changes shall
be incorporated in this Agreement by written amendment.
II. SCOPE OF CONSULTANT SERVICES
Consultant agrees to perform those services described hereafter. Unless modified in writing by both
parties, duties of Consultant shall not be construed to exceed those services specifically set forth
herein.
A. Planned Consulting Services
Consultant agrees to perform those planned tasks described in Exhibit B, entitled
"Scope of Work. "
Agreement for Consulting Services
Page I
,
'1"_
..
ATTACHMENT ...Ll..-
Page ~ of .:3h
B. SDecial Consulting Services
Owner and Consultant agree that not all work to be performed by Consultant can be
defined in detail at the time this Agreement is executed, and that incidental engineering
work related to Project and not covered in Exhibit B may be needed classified as
Special Consulting Services, and additional compensation for such special services, if
authorized, shall be as specified in Exhibit C.
Special Consulting Services include, but are not limited to:
1. Survey personnel and equipment required to prepare and furnish legal
descriptions of easement, rights-of-way, and property required for the Project.
2. Providing technical information for permit application beyond review of
Owner's predesign activities and contract documents preparation unless
authorized by Owner.
3. Redesign as recommended through value engineering process and as requested
by the Owner.
4. Additional copies of contract documents over the number specified to be
furnished .
5. Assistance with a formal bid protest beyond Owner resolution.
6. Evaluation and redesign of contract changes requested by Contractor or Owner
after publication of contract documents to reduce construction costs.
7. Field layouts for construction.
8. Soils investigations, including test borings, related analyses and
recommendations, as necessary for construction related questions regarding
unforseen conditions.
9. Submittal review of Contractor's shoring and dewatering systems.
10. Detailed mill, shop, and laboratory inspection of materials and equipment other
than as defined in Exhibit B.
11. Model test of equipment such as pumps, valves and hydraulic structures.
12. Assistance with regulatory agency audits.
13. Appearance as expert witness.
14. Assistance to legal, financial, or other consultants engaged for the Project.
Agreement for Consulting Services
Page 2
T
1r .....
'I
ATTACHMENT --L1.-
Page..3........ of ,,~b
15. Additions to the defined Project described in Exhibit A and scope of work
included in Exhibit B.
C. Litigation Assistance
Unless specifically stated therein, the Scope of Services does not include assistance to
support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by Owner. All such services required or requested of the Consultant by
Owner or any third party (except claims between Owner and Consultant) will be
reimbursed at Consultant's standard rates for litigation services.
III. SCOPE OF OWNER SERVICES
Owner agrees to provide facilities and equipment and to perform the following services:
1. Provide necessary information to the Consultant as to the Owner's
requirements for the Project.
2. Assist the Consultant by placing at its disposal all reasonably available
information and technical data pertinent to the Project including previous
reports and any other data relative to design and construction of the Project
including operating data, soils reports, record drawings, hydraulic model and
operation and maintenance manuals.
3. Furnish information related to plant site boundaries, as modified, plant
property map and legal description, easements, and rights-of-way.
4. Provide necessary access and make all provisions for the Consultant to enter
upon public and private property as required for the Consultant to perform its
services under this Agreement.
5. Acquire all the necessary land, easements and rights-of-way required for the
Project.
6. Publish notification of public meetings or information about Project
construction activities in local newspaper, if required.
7. Furnish to the Consultant, prior to any performance by the Consultant under
the Agreement,. a copy of any design and construction standards the Owner
shall require the Consultant to follow in the preparation of the contract
documents .
8. Participate in design reviews and provide timely and complete review of draft
documents prepared by the Consultant
9. Advertise for proposals from bidders and place and pay for all costs incident
thereto.
Agreement for Consulting Services
Page 3
,
TIIr
I
ATTAC~ENT A
Page of -3/=
to. Participate in the bid opening and prepare bid tabulations. Present and
recommend bid awards to city council.
11. Implementation of final resolution of bid disputes and protests considering
Consultant recommendation.
12. A ward contracts including receiving required contractor documents, issuing
notice of award, executing the construction agreement, and issuing notice to
proceed.
13. Obtain approvals and permits, not required in the contract documents to be
provided by the Contractor, from all governmental authorities having
jurisdiction over the Project, and such approvals and consents from others as
may be necessary for completion of the Project.
14. Operate the water system during construction.
15. Approve and pay progress payment requests based on Consultant's monthly
status reports.
16. Maintain the Owner's project accounting system to collect and track project
expenses.
17. Establish change order approval authority. Present change orders to city
council if needed.
18. Resolve claims disputes as defined in the contract documents.
19. Perform required administrative activities and interface with Oregon Health
Division, Drinking Water Program to satisfy Owner responsibilities for the
Drinking Water Revolving Fund loan that partially funds this project.
20. Prepare necessary financial statements and reports required by grant, revolving
fund loan or any other loan conditions.
21. Give prompt notice to the Consultant whenever the Owner observes or
otherwise becomes aware of any significant defect.or delay in the Project.
22. Provide records for performance certification.
23. Provide for additional studies, design work and/or construction management
items not identified in Exhibit B that are identified as being required to address
unanticipated issues.
Agreement for Consulting Services
Page 4
..
..,...
'Ir
ATTACHt,1ENT -~
Page~. of~
IV. PROJECT MANAGEMENT
The Consultant's Project Manager shall be Travis Tormanen. The Owner's Project Manager shall be
designated by the Public Works Director. The Project Managers shall be authorized to act on behalf of
their respective employers concerning all matters related to this Agreement, except, however, that
amendments to this Agreernent shall be approved by the Woodburn City Council. The Consultant
shall obtain the Public Works Director's approval prior to making any change in the Consultant's
Project Manager designation.
V. AMERICANS WITH DISABILITIES ACT
Any other provision of the Agreement not withstanding, unless otherwise specified in the Scope of
Services, Consultant shall not be responsible for the Project's compliance with the Americans with
Disabilities Act (ADA) 42 U.S.c. 12101 et seq. and the related regulations except to the extent
Owner has specified areas to be accessed or used by the public or to the extent Owner has provided
information regarding special use requirements or accommodations for Owner's employees.
VI. AUTHORIZATION AND COMPLETION
In signing this Agreement, Owner grants Consultant specific authorization to proceed with work
specified in Exhibit B. The estimated time for completion of the work specified in Exhibit B will be
in accordance with the project schedule included as part of Exhibit B. Consultant shall use its best
efforts to perform the work within the estimated time.
A. Changes
Owner, through the Public Works Director as its representative, may make or approve
changes within the general scope of services as defined in Exhibit B, including cost
allocations to the various tasks as defined in Exhibit B. If such changes affect
Consultant's cost of or time required for performance fo the services, an equitable
adjustment will be made through an amendment to this agreement. Owner is not
obligated to pay for services performed without the Owner's authorization.
B. Work is Property of Owner
All work in its original form, including but not limited to documents, drawings,
tracings, surveying records, mylars, papers, computer programs, diaries and
photographs, performed or produced by Consultant under this Agreement shall be the
exclusive property of the Owner and shall be delivered to the Owner prior to final
payment. Any statutory or common law rights to property originally produced as part
of this Agreement, held by the Consultant as creator of such work shall be conveyed to
the Owner upon request without any additional compensation. Upon Owner's approval
and provided Owner is identified in connection therewith, Consultant may include
Consultant's work in its promotional materials. Drawings may bear a disclaimer
releasing the Consultant from any liability for changes made on original drawings and
for reuse of the drawings subsequent to the date they are turned over to the Owner.
Agreement for Consulting Services
Page 5
T
....."..
...
ATTACHMENT-*-
Page -'z_ of
VII. COMPENSA nON
A. Amount
For the services described in Exhibit B, Owner agrees to pay, and Consultant agrees to
accept, compensation in accordance with Exhibit C.
B. Pa yment
As long as the Consultant has not defaulted under this Agreement, the Owner shall pay
the Consultant within 30 days of the date of the Consultant's invoices for services
performed and reimbursable expenses incurred under this Agreement. If the Owner
has reason to question or contest any ponion of any such invoice, amounts questioned
or contested shall be identified and notice given to Consultant within 15 days of the
date of the invoice. Any ponion of any invoice not contested shall be deemed to be
accepted and approved for payment and shall be paid to Consultant within 30 days of
the date of the invoice. The Owner agrees to cooperate with Consultant in a mutual
effon to resolve promptly any contested ponions of Consultant's invoices.
In the event any uncontested ponions of any invoice are not paid within 30 days of the
date of Consultant's invoice, then interest on unpaid amounts shall accrue at a rate of
1.5 percent per month or the maximum interest rate permitted by law, whichever is
less.
Owner shall have the right to inspect Consultant's books and records, and any relevant
books and records of a subconsultant, in order to verify the accuracy of Consultant's
invoice. Said right of inspection shall extend to all documents necessary to permit
adequate evaluation of Consultant's invoice.
VIII. RESPONSIBILITY OF CONSULTANT
A. Performance of Services
The services performed by Consultant shall be performed with the same degree of
care, skill, diligence, competency, and knowledge which is ordinarily exhibited and
possessed by other professionals in good standing in the same or similar field and
community as Consultant. In performing these services, Consultant shall be an
independent contractor and not a servant or employee of Owner. Owner shall.have the
right to verify that Consultant's performance meets the requirernents of this contract
but shall not have the right to control the manner of Consultant's or Consultant's
subconsultants' performance. No provision of this Agreement shall be construed to
create a pannership, joint venture, employer-employee, landlord-tenant or principal-
agent relationship.
Agreement for Consulting Services
Page 6
T
.. iIr
I
ATTACHMENT 3~
Page -2- of
B. Consultant's Personnel at Construction Site
The presence of Consultant's personnel at a construction site, whether as on-site
representatives or otherwise, does not make Consultant responsible for those duties
that belong to Owner and/or construction contractors or others, and do not relieve
construction contractors or others of their obligations, duties, and responsibilities,
including but not limited to construction methods, means, techniques, sequences, and
procedures necessary for coordinating and completing all portions of the construction
work in accordance with the contract documents and any health or safety precautions
required by such construction work. The Contractor has responsibility for job-site
safety. While not part of the Consultant's responsibilities, if Consultant observes any
non-compliance with safety requirements, then the appropriate officials will be notified
immediately.
C. Ooinions of Cost, Financial Considerations, and Schedules
In providing cost estimates, financial analyses, economic feasibility projections, and
schedules for the Project, Consultant has no control over cost or price of labor and
materials; unknown or latent conditions of existing equipment or structures that may
affect operation or maintenance costs; time or quality of performance by third parties;
or other economic and operational factors that may affect the ultimate Project cost or
schedule. Therefore, Consultant makes no warranty that Owner's actual Project costs,
financial aspects, economic feasibility or schedules will not vary from Consultant's
estimates. If Owner requires Consultant to prepare quantity and material take-offs
and/or cost estimates from plans and specitications that are less than fully complete,
then Owner will hold Consultant harmless from any and all loss, liability, or claims
resulting from such incompleteness.
D. Subsurface Investigations
In soils, foundation, groundwater, and other subsurface investigations, the actual
characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations, explorations, and
investigations have been made. Because of the inherent uncertainties in subsurface
evaluations, changed or unanticipated underground conditions may occur which could
affect total Project cost and/or execution. These conditions and cost-execution effects
are not the responsibility of Consultant.
E. Record Drawings
Record drawings will be prepared, in part, on the basis of intormation compiled and
furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the Project was tinally constructed. Consultant
is not responsible for any errors or omissions in the information from others that is
incorporated into the record drawings.
Agreement for Consulting Services
Page 7
T
TIT"
I
AT"AC~ENT A
Page of -3 b
IX. CONSTRUCTION SERVICES
Consultant's review or supervision of work prepared or performed by other individuals or firms
employed by Owner shall not relieve those individuals or firms of any responsibility for the quality
and adequacy of their work.
Any resident engineering or inspection provided by Consultant is for the purpose of determining
compliance with the technical provisions of Project specifications and does not constitute any form of
guarantee or assurance with respect to the performance of the Contractor. Consultant does not assume
responsibility for the means, methods, or appliances used by the Contractor, for the safety of
construction work, or for compliance by Contractor with laws and regulations.
X. WAIVER OF OTCA RIGHTS
Consultant hereby waives all rights Consultant may have under the Oregon Ton Claims Act which
arise as a result of an agency or alleged agency relationship between the panies.
XI. INDEMNITY/HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless Owner, Owner's officers, employees, agents,
and representatives from and against all claims, demands, penalties, and causes of action of any kind
or character, including attorney's fees, arising out of the negligence or intentional misconduct or
omissions of Consultant, Consultant's agents, employees, and subconsultants.
XII. INSURANCE
A. Consultant shall not commence work under this contract until Consultant has obtained
all the insurance required by this Section of the Agreement and submitted a cenificate
of insurance to Owner; nor shall Consultant allow any subconsultant to commence
work on any subcontract until this insurance has been obtained. Consultant shall
maintain the insurance for the duration of this Agreement. Review of the insurance by
Owner shall not relieve or decrease the liability of Consultant.
B. Consultant shall maintain the following insurance for the duration of this Agreement:
1. Workers cornpensation insurance in the arnount required by Oregon law, and
employers liability insurance in the amount of $100,000.
2. Automobile liability insurance in the amount of $1,000,000 per occurrence,
combined single limit; Owner shall be added as an additional insured;
3. Comprehensive or commercial general liability insurance in the amount of
$1,000,000 per occurrence, combined single limit; Owner shall be added as an
additional insured;
4. Professional liability insurance in the amount of $5,000,000 per claim on a
claims made annual aggregate basis.
Agreement for Consulting Services
Page 8
TrIf
, ,
I
ATTAOHMENT ~32
P.go.5L- of
C. Consultant shall provide Owner with certificates of insurance annually. These
certificates shall provide for thirty (30) days advance written notice to Owner prior to
cancellation.
XIII. SUSPENSION OF WORK
Owner may suspend all or a portion of the work if unforeseen circumstances beyond Owner's control
make normal progress of the work impossible. Consultant may request that the work be suspended by
notifying Owner of circumstances that are interfering with the normal progress of the work. All such
requests shall be subject to Owner's approval. Consultant may suspend work in the event Owner does
not pay invoices when due unless Owner's nonpayment is due to a billing dispute. No suspension or
request for a suspension shall be valid unless stated in writing.
XIV. TERMINATION
A. Grounds for Termination
This Agreement may be terminated (a) at Owner's convenience on 15 days written
notice, or (b) for cause if either party materially breaches this Agreement through no
fault of the other and does not cure such breach within 10 days after receiving notice
thereof.
B. In the event of termination, Consultant shall perform such additional work as is
necessary for the orderly filing of documents and closing of the project. The time
spent on such work shall not exceed ten percent (10%) of the time spent on the project
prior to the effective date of termination. Owner shall pay Consultant and for all work
performed in accordance with the Agreement and all work necessary for filing and
closing as described in this section.
XV. ASSIGNMENT
This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement
may not be assigned by Owner or Consultant without prior written consent of the other.
XVI. NO BENEFIT FOR THIRD PARTIES
The services to be performed by Consultant are intended solely for the benefit of Owner, and no
benefit is conferred on, nor contractual relationship established with any person or entity not a party to
this Agreement. No such person or entity shall be entitled to rely on Consultant's performance of its
services hereunder. No right to assert a claim against the Consultant, its officers, employees, agents,
or consultants shall accrue to the construction contractor or to any subcontractor, supplier.
manufacturer, lender, insurer, surety, or any other third party as a result of this Agreement or the
performance or nonperformance of the Consultant's services hereunder.
Agreement for Consulting Services
Page 9
J
T IIr
=
I
XVII. FORCE MAJEURE
AffAeM.M.. I. NT~
Page...Lfl.. of ~
The Consultant shall not be responsible for delay caused by circumstances beyond its reasonable
control, including but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents,
(2) acts of God, (3) failure of Owner to furnish timely information or to approve or disapprove
Consultant instruments of service promptly, and (4) faulty performance or nonperformance by Owner,
Owner's independent consultants or contractors, or governmental agencies; nor shall consultant be
responsible for delays occasioned by actions taken by Consultant which in the sole judgment of
Consultant are required by sound engineering practice. Consultant shall not be liable for damages
arising out of any such delay, nor shall the Consultant be deemed to be in default of this Agreement as
a result thereof.
XVIII. COMPLIANCE WITH STATE AND FEDERAL LA WS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations.
XIX. COMPLIANCE WITH PUBLIC CONTRACTING LAWS
Consultant shall observe all applicable state and local laws pertaining to public contracts. ORS
Chapter 279 requires every public contract to contain certain provisions. Pursuant to ORS Chapter
279, the following provisions shall be a part of this Agreement, as applicable.
A. Pursuant to ORS 279.312, Contractor shall make payments promptly, as due, to all
persons supplying to Contractor labor or material for the prosecution of the work
provided for in such contract. Contractor shall pay all contributions or amounts due
the Industrial Accident Fund from Contractor or any subcontractor incurred in the
performance of the contract. Contractor shall not permit any lien or claim to be filed
or prosecuted against the state, county, school district, municipality, municipal
corporation or subdivision thereof, on account of any labor or material furnished.
Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
B. Pursuant to ORS 279.314, 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 in connection with the public contract as such clairn becornes due, the
proper officer or officers representing the state, county, school district, municipality,
municipal corporation or subdivision thereof, as the case may be, may pay such claim
to the person furnishing the labor or services and charge the amount of the payment
against funds due or to become due the contractor by reason of such contract.
C. Pursuant to ORS 279.314, if Contractor or a tirst-tier subcontractor fails, neglects or
refuses to make payment to a person furnishing labor or materials in connection with
the public contract for a public improvement within 30 days after receipt of payment
from the public contracting agency or a contractor, Contractor or the first-tier
subcontractor shall owe the person the amount due plus interest charges commencing at
the end of the lo-day period that payment is due under ORS 279.445 (4) and ending
Agreement for Consulting Services
Page 10
r
T IT
I
ATTACHMENT ~
Page J.L. of .J
upon tinal payment, unless payrnent is subject to a good faith dispute as detined in
ORS 279.445. The rate of interest charged to Contractor or the first-tier subcontractor
on the amount due shall equal three times the discount rate on 9O-day commercial
paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes
Oregon on the date that is 30 days after the date when payment was received from the
public contracting agency or from the contractor, but the rate of interest shall not
exceed 30 percent. The amount of interest may not be waived.
D. Pursuant to ORS 279.314, if Contractor or a subcontractor fails, neglects or refuses to
make payment to a person furnishing labor or materials in connection with the public
contract, the person may tile a complaint with the Construction Contractors Board,
unless payment is subject to a good faith dispute as defined in ORS 279.445.
E. Pursuant to ORS 279.316, no person shall be employed for more than 10 hours in any
one day, or 40 hours in anyone week, except in cases of necessity, emergency, or
where the public policy absolutely requires it, and in such cases, except in cases of
contracts for personal services as defined in ORS 279.051, the employee shall be paid
at least time and a half pay:
(1) For all overtime in excess of eight hours a day or 40 hours in anyone week
when the work week is five consecutive days, Monday through Friday; or
(2) For all overtime in excess of 10 hours a day or 40 hours in anyone week
when the work week is four consecutive days, Monday through Friday; and
(3) For all work performed on Saturday and on any legal holiday specified in
ORS 279.334.
F. Pursuant to ORS 279.316, in the case of contracts for personal services as defined in
ORS 279.051, employees shall be paid at least time and a half for all overtime worked
in excess of 40 hours in anyone week, except for individuals under these contracts
who are excluded under ORS 653.010 to 653.261 or under 29 U.S.c. sections 201 to
209 from receiving overtime.
G. Pursuant to ORS 279.316, persons employed under contracts for services shall receive
at least time and a half pay for work performed on the legal holidays specified in a
collective bargaining agreement or in ORS 279.334 (1)(a)(C)(ii) to (vii) and for all
time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever
is greater.
H. Pursuant to ORS 279.320, Consultant shall promptly, as due, make payment to any
person, copartnership, association or corporation, furnishing medical, surgical and
hospital care or other needed care and attention, incident to sickness or injury, to the
employees of such contractor, of all sums which Consultant agrees to pay for such
services and all moneys and sums which the contractor collected or deducted from the
wages of employees pursuant to any law, contract or agreement for the purpose of
providing or paying for such service.
Agreement for Consulting Services
Page 11
......
T
ATTACHMENT-~
Page -1:<':'. of ~
I. Pursuant to ORS 279.320, all subject employers working under this contract are either
employers that will comply with ORS 656.017 or employers that are exempt under
ORS 656.126.
J. Pursuant to ORS 279.445, Contractor shall include in each subcontract for property or
services entered into by Contractor and any first-tier subcontractor, including a
material supplier, for the purpose of performing a construction contract:
(1) A payment clause that obligates Contractor to pay the first-tier
subcontractor for satisfactory performance under its subcontract within 10 days
out of such amounts as are paid to Contractor by the public contracting agency
under such contract; and
(2) An interest penalty clause that obligates Contractor, if payment is not made
within 30 days after receipt of payment from the public contracting agency, to
pay to the first-tier subcontractor an interest penalty on amounts due in the case
of each payment not made in accordance with the payment clause included in
the subcontract pursuant to paragraph (a) of this subsection. Contractor or any
first-tier subcontractor shall not be obligated to pay an interest penalty if the
only reason that Contractor or first-tier subcontractor did not make payment
when payment was due is that Contractor or first-tier subcontractor did not
receive payment from the public contracting agency or Contractor when
payment was due. The interest penalty shall be:
(a) For the period beginning on the day after the required payment
date and ending on the date on which payment of the amount due is
made; and
(b) Computed at the rate specified in ORS 279.314 (2).
K. Pursuant to ORS 279.555, to the maximum extent economically feasible, Consultant
shall use recycled paper.
XX. FINAL AGREEMENT/BINDING EFFECT/ATTORNEY FEES
This document contains all of the terms and conditions of the parties' Agreement. Any waiver or
modification of the terms of this Agreement must be in writing. This Agreement shall be construed so
that the plural shall include the singular and the singular shall include the plural. This Agreement shall
be binding upon the parties, their successors and assigns. The prevailing party in any lawsuit arising
out of the Agreement shall be entitled to attorney fees, costs and disbursements
XXI. INTERPRET A nON OF AGREEMENT
This Agreement shall be interpreted in accordance with Oregon law. All provisions of this Agreement
have been negotiated at arm's length. This Agreement shall not be construed for or against any party
by reason of the authorship or alleged authorship of any provision.
Agreement for Consulting Services
Page 12
T
T 1m
I
XXII. SEVERABILITY/SURVIVAL
ATTACHMENT A
Page ~ of ~~Ir~
If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the
enforceability of the remaining provisions shall not be impaired. Any provisions concerning the
limitation of liability or indemnity shall survive the termination of this Agreement for any cause.
XXIII. NOTICES
All notices required under this Agreement shall be delivered by facsimile, personal delivery, or mail
and shall be addressed to the following persons:
Mr. Travis Tormanen
Kennedy/Jenks Consultants
2828 SW Naito Parkway, Suite 250
Portland, Oregon 97201
Phone (503) 295-4911
FAX No. (503) 295-4901
Mr. Frank Tiwari
Public Works Director
270 Montgomery St.
Woodburn, Oregon 97071
Phone (503) 982-5240
FAX No. (503) 982-5242
Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a
new person has been designated by it to receive notices, or that the address or FAX number for the
delivery of such notices has been changed, provided that, until such time as the other party receives
such notice in the manner provided for herein, any notice addressed to the previously-designated
person and/or delivered to the previously-designated address or FAX number shall be effective.
XXIV. ATTORNEY FEES
In the event either party commences a lawsuit or arbitration against the other, then the prevailing party
shall be entitled to recover its reasonable attorney fees, costs and disbursements.
XXV. AUTHORIZATION
The persons executing this Agreement on behalf of the parties hereto represent and warrant that the
parties have all legal authority and authorization necessary to enter into this Agreement, and that such
persons have been duly authorized to execute this Agreement on their behalf.
CITY OF WOODBURN
By:
Name: RICHARD JENNINGS
KENNEDY/JENKS CONSULTANTS
By:
Name: MARTHA KNOWLTON
Title: VICE PRESIDENT
Title: MA YOR
Date:
Date:
Agreement for Consulting Services
Page 13
I'IIF
'I
ATTACHMENT A
Page -1.!::L of 30
EXHIBIT A
DESCRIPTION OF PROJECT
The City of Woodburn currently provides untreated groundwater directly from wells to
the distribution system. This project will construct water treatment, supply and storage
facilities. The project will remove iron and manganese that are present in
concentrations that create aesthetic quality problems. The project will address
regulatory requirements to reduce concentrations of arsenic and radon in the existing
water supply. The project will also correct existing storage deficiencies that create
operational and emergency concerns. For the purpose of defining the scope of work to
be performed under this Agreement, the "project can be described as follows:
1. Construction of three treatment plants. The treatment plants will be near
National Way (utilizing existing wells 8 and 10) in east Woodburn, near Country
Club Road (utilizing existing wells 9 and 11) in north Woodburn and near Parr
Road (utilizing two new wells) in south Woodburn. All three plants will be
identical in size, internal configuration and architectural style.
2. Site plans for the three treatment plant sites will be developed. Landscaping
plans will be developed for each site to improve the appearance of that specific
site. Project design will include all site facilities and amenities including but not
limited to storm drains, sewers, roads, fencing, parking lots and exterior lighting.
3. The treatment plants will utilize a potassium permanganate pressure filtration
process. The treatment facility design will comply with all Uniform Fire Code and
Building Code requirements for the use and storage of potassium
permanganate. There should be provisions in the plant layout for future ferric
chloride or hypochlorite use. An evaluation of the potential use of granulated
ferric hydroxide for addition reduction of arsenic will be made as part of the
predesign process.
4. A standby electrical generator will be provided at each treatment site. These
should be package units capable of supplying power required for plant operation
when commercial power supplies are not available.
5. The pressure filters will be in a vertical configuration and will be located outside
of the treatment building. The filter media will be an anthracite coal and
manganese greensand combination. Provisions should be made in facility
layout to add additional filters at the Parr Road site in the future. There will be
air scour systems integrated into filter and plant design. Blowers for the air
scour system will be acoustically isolated.
Page 1
,
r IT
I
ATTACHMENT -e.-
Page ~ of'
6. Granular potassium permanganate will be utilized as an oxidizer. Two
potassium permanganate mix tanks will be provided. A water induction feed
system will be utilized to transfer the potassium permanganate to the solution
tanks. Controls will be incorporated in the treatment process to prevent
overdosing of potassium permanganate.
7. The backwash system will be designed with tanks to allow for recovery of a
portion of the backwash water. Use of polymer, to enhance settlement, will be
evaluated as part of the predesign process. The backwash tanks will be at-
grade bolted steel tanks. The use of submersible pumps or gravity transfer of
backwash to the sanitary sewer will be evaluated as part of the predesign
process. An evaluation of partially buried concrete tanks at the Country Club
Road site will be done as part of the predesign process.
8. Project design includes design of all pertinent electrical and control systems. A
security system to detect intrusion attempts at wells, treatment plants and
reservoirs will be part of the design.
9. Construction of two 2.2 million gallon at-grade welded steel storage reservoirs at
the National Way and Country Club Road site. Construction of a small,
approximately 200,000 gallon at-grade welded steel storage reservoir at the
Country Club Road site. An evaluation of use of a partially buried concrete tank
at the Country Club Road site will be done as part of the predesign process. A
cathodic protection system will be used for corrosion control as part of the
design. Coating systems will be designed to provide maximum protection of the
steel to ensure long service life before replacement of the coating system is
required. Tanks will be designed to meet current seismic codes. Mixing and
turnover of water in the storage tanks will be maximized in the reservoir design
to maintain water quality. Modeling of the reservoirs will be required to show
that the mixing and turnover is obtained.
10. Provisions will be incorporated in each reservoir design for a tray aeration or
similar system incorporating a venting system to be installed in each reservoir
for reduction of radon concentrations existing in the city's water supply.
11. Booster pump stations will be provided for each reservoir. The booster stations
will be a prefabricated package station. The booster station will have the
capability to maintain existing system water pressure of 55 pounds per square
inch as part of their operation and to serve as a backup for the existing elevated
tank which is the current system pressure source.
Page 2
I IT
1
ATTACHMENT ''1
Page..i.J.J2-. 01.3
12. A hydraulic surge analysis will be performed to ensure no problems exist in the
proposed system during startup. Analysis will include the effect of sudden
failure/shutoff of wells and/or pump stations. A report of the analysis will be
prepared and recommendations will be incorporated in the final design.
13. Installation of two new wells. One will be located at the Parr Road treatment
facility and the other will be located at a site to be determined. These wells
should be gravel packed and constructed in accordance with standards of the
Water Resources Division and Health Divisions drinking water program. The
well house designs will be identical and electrical systems will be designed to
allow plug in of existing city owned portable generators. Pumps will be vertical
line shaft turbine similar to existing city well pumps.
14. Transmission water lines will be required to connect three wells to the treatment
site.
15. The three treatment plants will operate unattended. A SCADA system, human
interface software and a telemetry system will be provided. Treatment plants,
reservoirs and wells will be connected by a telemetry system to a central control
room. The type of telemetry system will be evaluated and selected during
predesign. The system provided as part of the design will be compatible with the
existing system in use at the wastewater treatment.
16. A 3,000 square foot water treatment maintenance and control building will be
constructed at the existing public works shop location or at one of the treatment
plant locations. The building will include offices, lockers, restrooms, training
room and lunch room. A control room will also be included in the water
treatment maintenance and control building that will provide control for all the
treatment and water production facilities included in this project. This water
treatment maintenance and control building will be a public facility.
17. A public information process will be conducted that will include printed fliers for
public education, status reports, public open houses and City Council
workshops.
Page 3
. ,
I IT
T
t
ATTACHMENT A
Page ...L::j... of ,-~
lIB
Exhibit B - Scope of Work
Project Tasks
Task 1 - Project Management and
Client/Consultant Communications
Objectives: The project management component of
a major water system improvement project such as
the "Woodburn Water Treatment and Storage
Project" is extremely important. The objectives of
this task are to control costs, if1Volve City staff in
decision-making, and maintain project schedule.
Subtask LA; Develop Project Management Plan:
With City input, a Project Management Plan will be
developed. The Plan will then be submitted to the
City for review. This Plan will indicate how the
project will be completed, how City staff will be
involved, and who will be reviewing design
documents (internally and externally). The Plan will
also confirm the protocol by which consultant/client
communications will be handled, how the schedule
will be tracked, and how project costs will be
controlled.
Subtask 1.B; Prepare Subconsultant Agreements:
As soon as the Consultant has been given the Notice
to Proceed by the City, subconsuhant agreements
will be developed with the team members. Defined
scopes of services with not-to-exceed budgets will
be developed for each subconsultant agreement.
Subtask l.C; Track Project Costs: The
Consultant's Project Manager will monitor progress
as compared to expenditures every two weeks
throughout the project. The Consultant's "Project
Status Reports" are routinely used for assessing
Kennedy/Jenks progress so that costs can be
controlled and potential problems can be identified
early enough in the process to resolve them before
they become big issues.
Subtask 1.D; Track Project Schedule: The Project
Schedule submitted with the Proposal will be
modified as the project gets underway. The
Consultant will update the schedule at the end of the
preliminary design phase and inform the City if there
are any issues that may cause a change in the Project
Schedule. Project deadlines will be established
jointly by City and Consultant staff and City staff
will be kept informed of work status as deadlines
approach
Subtask 1.E; Consultant/Client Communications:
The protocol for communications will be developed
during formation of the Project Management Plan.
The Consultant's Project Manager will generally
communicate directly with the City's Program
Manager regarding project issues. Other lines of
communication will be opened on a situational basis
as determined by the City's Program Manager. For
the purpose of project budgeting it is assumed that
there will be six meetings / site visits during
preliminary design - including decision making
workshops - and six meetings / site visits during
final design. The meetings will be attended by an
average of 2.5 people. Value Engineering, Public
Involvement, Bid Services and Construction
Management related visits are included under
separate Scope items.
Subtask 1.F; Coordinate Project Team Members:
The Consultant's Project Manager will work closely
with project team members so that each person
knows their role, work product expectations,
deadlines, and labor allocations. The Consultant
will have regular internal meetings to keep the
project on track and to maximize design efficiencies.
Task 2 - Quality Assurance
Objectives: The objectives of the Quality Assurance
task are to ensure that the each portion of the project
is properly reviewed by the appropriate people. This
enhances cost control and improves the quality of
work products.
Subtask 2.A; Develop Quality Assurance Plan:
With City input, the Consultant's Project Manager
will develop a Quality Assurance Plan simultaneous
with the preparation of the Project Management
Plan. The Quality Assurance Plan will include an
approach for proper peer review by Kennedy/Jenks
senior staff and where appropriate by subconsultant
experts. The Plan also will identify which
deliverables will be reviewed by the City, the
Building Department, Oregon Health Division, and
by others.
February 5,2002
Scope of Services - Page 1
, II
I
Subtask 2.B; Concepts and Criteria Review: The
Consultant will utilize its "Concepts and Criteria
Review" fonnat to ensure that the conceptual design
is correctly targeted to meet the needs of the City m
a cost effective manner. This review takes place
near the end of the preliminary design phase and will
include the core design team and selected senior
engineers not directly involved in the project This
l;i day review meeting is primarily intended as an
internal tool to the consulting team, but City staff
will be invited and asked to provide input to the
process.
Subtask 2.C; QA/QC Review: As design
documents reach the 50% and 90% stage, the team
of reviewers identified in the Quality Assurance Plan
will be provided with drawings, specifications, and
cost estimates. They will be asked to review the
documents to for clarity and detail appropriate for
this particular size and complexity of project. The
review team will also perform a coordination check
of the various types of drawings included in the
design set. The QNQC Review at 50% will be
coordinated with the 50% Value Engineering effort
(Subtask 2.E). Expenses include printing,
reproduction, and distribution of 50% and 90%
design documents.
Subtask 2.D; Value Engineering at 10% Design.
A value engineering team will be assembled. [t is
assumed that team will include three Kennedy/Jenks
members and two "outside of the firm" engineers.
The City may also provide representation at the
workshop if they so choose. A two day workshop
will be held. The City's Project Manager and
Consultant's Project Manager will address the value
engineering team briefly at the start of the workshop
to discuss design criteria, ground rules, objectives,
etc. The Preliminary Design Report and 10% design
documents will be reproduced and distributed to the
value engineering team in advance. It is assumed
that the Project Manager and Project Engineer will
again meet with the value engineering team and the
City at the close of the workshop to listen to a
presentation of recommendations by the value
engineering team. The value engineering team will
prepare a memorandum covering the team's
recommendations.
The Consultant's design team will prepare a
memorandum addressing the value engineenng
recommendations and then meet with the City to
~~J:S~_E~l ,.1
discuss which recommendations to accept in whole
or in part with modifications.
[t is assumed that a facilitator will not be retained for
this workshop and the Consultant will provide an
agenda for the value engineering team to follow
Subtask 2.E; Value Engineering at 50% Design.
Four professionals, not directly involved with this
project, with experience in key discipline areas
(process, structural, architectural, and electrical) will
be assigned one day each to review design
documents and develop a list of cost saving
recommendations They will report findings to the
project manager, who will assemble a report for the
City. The project manager and project engineer will
meet with the City to discuss findings and determine
which of the value engmeering team's
recommendations should be accepted Expenses
will include printing, reproduction, and distribution
of 50% documents.
Subtask 2.F; Internal Review of Draft
Documents: [n addition to the reviews described in
the previous two subtasks, other documents will also
be reviewed by senior staff prior to submittal to the
City and to regulatory personnel.
Task 3 - Public Involvement
Subtask 3.A; Planning Commission Meeting: The
Consultant will prepare for and participate at a
Planning Commission meeting. A presentation of
the preliminary design report will be made to the
Commission and will include visual displays (site
plans) and a Power Point presentation. The
Consultant will be represented by two engineers at
this meeting.
Subtask 3.B; City Council Presentations: The
Consultant will make up to three presentations to the
City Council It is assumed that one of these
presentations will occur late in the pre-design phase
or early in the design phase. The other two
presentations will occur later in the design process
and during the construction phase of the project
Subtask 3.C; Neighborhood Open Houses: The
Consultant will prepare materials and attend up to
two neighborhood open houses. Displays will
include foam-board mounted site plans, building
elevations, landscaping concepts, and other design
products adapted for the open houses. The
Consultant will prepare up to three flyers that will be
February 5, 2002
Scope of Services - Page 2
1"
11" wr
lIB
..
used by the City for reproduction and distribution to
City residents.
Task 4 - Preliminary Design
Objectives: The preliminary design provides the
City staff and the Consultant design team with a
defined concept of what the City will receive for its
money, when events will happen, and an updated
opinIOn of how much it will cost. The prelimmary
design fmdings will enable unanswered technical
questions to be resolved before detailed design
begins.
Subtask 4.A; Confirm Design Criteria: Using the
Water System Plan and the Water Treatment Pilot
Study Report as a starting point, the Consultant will
review the design criteria established for the project.
In addition, the Consultant will work with City staff
to develop criteria for elements of the project that
have not been specified.
Subtask 4.B; Geotechnical Evaluation: A
geotechnical evaluation of the buildings, booster
pump stations, and reservoir sites will be performed.
The evaluation will include five sites. The sites are:
Country Club, Parr Road, National Way,
Maintenance and Control Center, and the new well
site. The evaluation includes the following items
necessary to determine the appropriate foundation
design criteria.
The geotechnical investigation sites will include two
borings at each of the three treatment/reservoir sites
and one boring at the other two sites. The new
SCADA control building and the new well sites
remote from the treatment plant vicinity will each
have a single boring. The borings will be of
sufficient depth to determine seismic requirements.
Based on a review of previous investigations and the
results of a field exploration, a geotechnical office
study will be conducted to provide technical input to
the team on the following items: allowable
foundation loads, building foundation
recommendations, estimated settlements, site
grading (cut and fill), construction dewatering, and
lateral earth and uplift pressures. A brief review of
liquefaction potential will be completed. A
summary geotechnical report will be prepared
describing the results of the field, laboratory, and
office studies.
ATTACHMENT /I
Pag", _Lq" of .3h
lIB
Subtask 4.C; Topographic/Property Boundary
Surveys: Surveying services will be provided for
the design team's use. The surveying subtask will
include the following work:
I. Raw water main alignments will include known
utilities within roadway plus five feet past both
edges of the road. Roadway centerline
elevations will be shot at SO-ft stations
II. Five facility construction sites will be surveyed.
Property boundaries will be identified along
with existing easement lines, if any, and
topographic information at I-foot contours.
111. Digital maps will be prepared in AutoCAD
format for use in design.
Subtask 4.0; Utility Evaluation: A determination
will be made regarding the location and adequacy of
the nearest 3-phase power, telephone, sewer, natural
gas, and water distribution infrastructure.
Information will be summarized in a tabular format
that provides a basis for the design team to develop
cost projections.
Subtask 4.E; Raw Water Transmission Main
Analysis: The Consultant will evaluate the water
main transmission needs to connect the three remote
well sites to the treatment facilities. Issues,
conflicts, and possible easement needs will be
identified. The Consultant will work with the City
to select the appropriate alignments. Consideration
will be given to providing flexibility for the new
wells to connect directly to the distribution system -
on a temporary basis.
Subtask 4.F; Facilitation of Decision Making
Workshops: Data developed in subtasks 4.G
through 4.0 will be used by the City and Consultant
in making a series of important decisions. The
Consultant values the use of "Decision Making
Workshops" to ensure that the City staff makes
informed decisions about how to proceed The
Consultant will prepare the information necessary to
assist the City in understanding the implications of
their decisions.
Subtask 4.G; Oxidation and Filtration
Evaluation: This task will evaluate the
permanganate feed system (determination of tank
and pumping needs, etc.) and vertical filter
February 5, 2002
Scope of Services - Page 3
. ,
"
11"" .-r
..
configuration (location of valves, size of filters,
etc.).
Subtask 4."; Radon Treatment Evaluation. An
evaluation will be performed of four radon removal
alternatives. Each of these alternatives will consider
methods for radon stripping within the finished
water reservoirs. The methods that will be
considered include mechanical aerators, spray
nozzles, splash plates, and use of plastic media. A
technical memorandum will be prepared.
Subtask 4.1; Backwash Recovery and Residuals
Disposal Analysis: This task will develop the basis
of design for the backwash recovery tanks,
backwash recovery pumps, and the backwash
residuals pump station. Backwash solids settling
will also be evaluated with design recommendations
developed for chemical pumping rates, chemical
storage volumes, and mixing requirements.
Consideration will be given to using partially buried
concrete backwash tanks at the Country Club site.
Subtask 4J; Booster Pump Station Evaluation:
This task will develop the basis of design for the
booster pump stations. A surge analysis will be
conducted concurrent with this subtask. Pre-
packaged pump stations will be used for this project.
Variable frequency drives will be included as part of
the pump station package.
Subtask 4.K; Reservoir Evaluation and Modeling
Analysis: This task will develop the preliminary
design of the reservoirs so that mixing and water
turnover are maximized to maintain water quality
and minimize water age and stagnant zones in the
reservoirs. Operational strategies will be identified
to maintain water quality. Reservoir modeling will
be conducted to determine mixing and flow patterns,
and to evaluate inlet/outlet/baffiing configurations.
A computational fluid dynamics (CFD) program will
be utilized to simulate the movement of water within
the tank during the fill and draw cycle. The CFD
data will be used to estimate water age. A technical
memorandum will describe the reservoir modeling
results, tank configuration and inlet/outlet
recommendations.
A preliminary design evaluation will also be
performed to size a reservoir proposed at the
Country Club site to allow for radon removal. It is
~~~:c~~~~r~ lIB
assumed that CFD modeling will not be necessary
since the reservoir will be much smaller. The
evaluation will include height considerations (partial
burial of tank versus expanded width of tank) so that
the site aesthetics are adequately considered.
Subtask 4.L; Arsenic Removal Evaluation: A
comparison will be made between granular ferric
hydroxide (GFH) media versus ferric chloride for
future enhanced arsenic removal. A technical
memorandum will be developed that includes
recommendations for future treatment of arsenic if
the MCL is ever reduced to 5 ppb or less or if
potassium permanganate oxidation and filtration
does not consistently remove arsenic to below 10
ppb. The evaluation will include estimated costs of
implementing each alternative. The selected
alternative will be depicted on a process flow
diagram and on site footprints.
Subtask 4.M; Development of Preliminary
Treatment Building Layout and Site Plan
Configuration: This task will develop two
alternative building layouts. It is assumed that the
pressure filters will be located outside the treatment
building. In addition, two alternative site plans for
each site will be developed. A code check and
permit evaluation will be conducted concurrent with
this task.
Included in this task will be a Supply, Storage, and
Treatment Security Assessment. This will involve a
visit to the sites by the project manager and the
Consultant's security advisor. A discussion will be
held with the City staff about what general types of
security measures should be included in the design
of the new facilities. This information would
supplement a complete water system Vulnerability
Assessment, if one is conducted, at a later date.
Subtask 4.N Electrical and Process Control
Technical Memorandum: This task includes a
preliminary electrical service evaluation induding
emergency power generation, SCADA interface
evaluation, a telemetry evaluation, and the
development of preliminary process and
instrumentation diagrams (P&lDs). It is assumed
that each treatment site will have a pad mounted
emergency generator with sound attenuation located
outside the treatment building.
February 5, 2002
Scope of Services - Page 4
11" Wi
T
Subtask 4.0 Maintenance and Control Building
Layout and Preliminary Site Plan Evaluation:
The Consultant's architect and a civil engineer will
visit the proposed site for the control building.
While in Woodburn, the architect will also visit the
other sites to aid in his understanding of the project
prior to design. The building is assumed to be a
public facility including offices, lockers, restrooms,
training room, lunch room, and SCADA control
room. The Consultant and the City will then have a
Yz day workshop to discuss the building layout, size,
and contents. A preliminary floor plan, elevations,
and site plan for the City's preferred site will be
developed for City review; comments will be
incorporated prior to inclusion of the preliminary
drawings in the preliminary design report.
Subtask 4.P Preparation of Preliminary
Landscape Plans: Following a meeting with City
staff and a site visit, the landscape architecture team
would prepare a conceptual design for the three
treatment plant / reservoir sites, the maintenance and
control building, and for the proposed well that will
feed the South Woodburn WTP. The preliminary
landscape plans will be used for permit related
submittals, public involvement meetings, and to
develop estimated construction costs. Comments by
City staff and/or regulatory personnel will be
incorporated during detailed design.
Subtask 4.Q Surge Analysis: A surge analysis will
be performed to assess whether the City's investment
in major water system improvements is protected
from water hammer during startup and in case of
sudden failure / shutoff of wells and/or pump
stations. Work items include:
1. Extract data as necessary to establish a computer
model that measures potential surge impacts to
the distribution system at the discharge point of
the three new booster stations.
11. Perform steady state flow simulations for the
system with the booster pump stations operating
to deliver flow to the system. Three flow
scenarios will be analyzed (one per booster
station).
111. Perform simulations for pump station power
failure and startup for the system based on the
flow demands specified by the designer's steady
state model.
ATTACHMENT~ lIB
Page.dL.. of ~
IV. Recommend surge protection measures for the
system to eliminate possible adverse surges
created as a result of the operation of the booster
pump stations. This includes, but is not limited
to, pressurized surge tanks, pressure/vacuum
relief valves, and flywheels.
v. Repeat tasks i, ii, iii, and IV for the "well to
reservoir" piping system.
VI. Prepare a report describing the methods and
results of analysis and recommendations for the
safe operation of the system.
VII. Review recommended surge protection plans
and specifications when design of the booster
stations and wells is completed.
Subtask 4.R Adjust Sheet Count and Budget for
Tasks 5-11 to Reflect New Information: As the
project approaches the detailed design phase it will
be necessary to adjust the Scope and Budget
according to decisions made during the preliminary
design phase. It is intended that this adjustment be
made prior to beginning design to ensure that project
costs are still in-line with pre-project cost
projections and that the City and Consultant are all
"on the same page" with regard to project
expectations.
Subtask 4.S Prepare Opinion of Probable
Construction Costs: The construction costs will be
re-evaluated at a preliminary design level of
accuracy. An appropriate level of contingency will
be included in the estimate. Adjustments for
inflation, concept modifications, equipment pricing
changes, and impacts of City staff decisions will be
made.
Consideration will be given to three different
bidding scenarios (one construction contract, two
construction contracts, and three construction
contracts). Costs will be provided for each.
Potential benefits of breaking the project into
separate contracts will be weighed against the
additional costs of doing so. This information will
be summarized in a short memorandum and
presented to the City for a final decision.
Subtask 4. T Modify Project Schedule / Confirm
Milestones: The project schedule will be modified
as necessary. Milestones will be confirmed with
February 5, 2002
Scope of Services - Page 5
~
11" .-r
..
City staff. Additional milestones will be developed
where appropriate.
Subtask 4.U Preliminary Design Report: Five
draft copies and ten final copies of the preliminary
design report will be submitted to the City. The final
copies will incorporate comments from the City's
reView. The report will also be submitted to the
Oregon Health Division for review.
Task 5 -Construction of New Wells
and Evaluation of Existing Wells
Objectives: Evaluate capacities of existing wells,
design and install two new wells, and determine
what facility improvements are needed to enable the
City to meet its water supply demands without
impacting the schedule of the overall water
improvements project.
Subtask 5.A; Hydrogeology Evaluation: The
Consultant's hydrogeologist will prepare a report
that recommends the proper well design and drilling
protocol. The hydrogeology evaluation will be
based on well locations identified by the City as
preferred sites. The report prepared as part of this
evaluation will also summarize water rights
information, known aquifer characteristics, and the
well depth / water level depth of the City's existing
wells. Water rights applications are not included in
this task.
The evaluation will include analysis of existing
wells to determine whether individual well
capacities could be altered to reduce sand problems
at Well 9 and whether current pump capacities are
appropriate in the future for the other wells.
Subtask 5.B; Evaluation of Existing Well Pumps
a.nd Motors. The four existing wells will be
evaluated to determine whether modifications need
to be made to the well pumps and/or the motors.
Recommendations will be included in the "Well
Facilities Technical Memorandum".
Subtask 5.C; Well Facilities Technical
Memorandum: An analysis will be conducted
regarding siting and design of the wells. The
analysis will include the hydrogeology evaluation as
an attachment.
ATTACHMENT ~
Page ~ of --::;
lIB
Subtask 5.D; Well Design: The well will be
designed and specifications will be developed that
stipulate casing size, drilling parameters, hydraulic
testing requirements, method for pump test water
disposal, and other contractor coordination
requirements .
Subtask 5.E; Well Drilling Contractor
Procurement: The Consultant will provide
assistance in procuring the contractor necessary to
perform the well installation and testing work. This
assistance will include delivery of design documents
to the City, answering bid period questions, and
performing a review of contractor bids.
Subtask 5.F; Drilling Oversight: A geologist will
be on site during drilling of the two wells to observe
progress and inspect the installation of screening and
casmg.
Subtask 5.G; Pump Test/Water Quality Testing:
The Consultant will provide recommendations for
pump testing and water quality analysis. It is
assumed that the Contractor will provide and pay for
the pumping equipment and laboratory testing. The
Consultant, however, will provide onsite observation
and sampling periodically during the 24-hour pump
test as defmed in the project budget.
Task 6 - Well Facilities Design, Bid,
and Construction Services
Subtask 6.A; Well Equipment and Well-House
Design: This task consists of preparing plans and
specification for two wells as shown in the sheet
count. The design will utilize vertical line shaft
turbine pumps and the well houses will be similar in
appearance to the City's existing wells. A sheet
count for this work is included on the budget
breakdown.
Subtask 6.B; Well Facilities Bid Services; The
Consultant will reproduce and distribute copies of
the contract documents including the project manual
and the plans for the well facilities. The Consultant
will maintain a Plan Holders List and will answer
questions that occur during the bid period. In
addition, the Consultant will coordinate a pre-bid
meeting / site visit for potential bidders. The
Consultant will attend the bid opening, evaluate the bid packages, and make a recommendation to the
February 5, 2002
Scope of Services - Page 6
'If"'-
, p
I
City with regards to the lowest responsive
responsible bidder.
Subtask 6.C; Well-House Construction Support:
The Consultant will perform the same construction
services described in Task 9 for the construction of
the well facilities. The level of effort will, of course,
be less for the well facilities than for the rest of the
project, but the same construction service elements
are necessary for the project
The onsite inspection needs required of the
Consultant are assumed to be somewhat less for the
well facilities as compared to the larger project. The
table below includes the assumptions used for
developing the inspection budget. for Task 6.C.
Part-Time Inspector
20 weeks
8 hrs. per week
Geotechnical
Engineer
During Site
Preparation
I day total, on as
needed basis
Subtask 6.0; Startup Assistance: The Consultant
will provide two person-days of assistance during
startup including answering operator questions,
troubleshooting, ensuring that the contractor and
appropriate vendors are available for resolving
issues that may come up.
Task 6.E; Operations Related Services: The
operations related services associated with the wells
have been budgeted as part of Task 12 rather than be
included in this section.
Task 7 - Detailed Design (All
Facilities Except Wells)
Objective: the objective of the design phase is to
produce high quality cost effective contract
documents in a timely manner that reflect the
decisions made by City staff
The detailed design will include six core project
areas plus development of an opinion of probable
costs and preparation of a project manual with
specifications. Each of the core design areas will
ATTACHMENT. ib
Page sB...3-. of "
lIB
include civil, mechanical, structural, landscape,
electrical, instrumentation, architectural, and/or
general plan sheets with associated specifications
and contract requirements. The Sheet Count and
Project Assumptions provided in the project cost
section of this proposal provide more detailed
information about these design subtasks including
project labor requirements.
Subtask 7.A; Treatment Facility and Backwash
Recovery Design: This task consists of preparing
plans and specifications for the three treatment
facilities as shown in the sheet count.
Subtask 7.B; Reservoir Design: This task consists
of preparing plans and specification for the two 2.2
MG ground storage reservoirs and one smaller
ground storage reservoir including radon removal
structures and/or equipment as shown in the sheet
count.
Subtask 7.C; Maintenance and Control Building
Design: This task consists of the design of a new
3,000 square foot public facility including offices,
lockers, restrooms, training room, lunch room, and
SCADA control room.
Subtask 7.0; Transmission Pipe Design: This task
consists of preparing plans and specifications for the
raw water pipelines conveying untreated water to the
treatment facilities and the connections from the
facilities to the distribution system as noted in the
sheet count.
Subtask 7.E; Booster Pump Station Design: This
task consists of preparing plans and specifications
for the three pump stations serving the new
reservoirs as shown in the sheet count.
Subtask 7.F; Instrumentation & Control: The
SCADA system, human machine interface software,
and telemetry system will be designed to be
compatible to equipment that the City is satisfied
with at the wastewater treatment facility. The design
will include building intrusion alarms.
Subtask 7.G; Project Manual Preparation: The
project manual will include Division 0-17
specifications in CSI format. It is assumed that
Kennedy/Jenks General Conditions and standard
specifications will be used for this project. The City
February 5,2002
Scope of Services - Page 7
T
l' II
,
will be provided the opportunity to review the
General Conditions and Standard Specifications.
Subtask 7.H; Opinions of Probable Construction
Costs: Costs will be estimated for the 50% and 90%
design submittals and will be updated at the time of
bidding.
Task 8 - Permitting & Code
Compliance
Objective: The objective is to proactively identify
and assist the City with permitting needs so as to
avoid "surprises" that may impact the project
schedule.
Subtask 8.A; Identification of Permitting
Requirements: The following is our current
understanding of the permits required for this
project:
I. Building Permit for the treatment plant, issued
by the City of Woodburn.
2. Plumbing Permit for the treatment plant
plumbing, issued by Marion County.
3. Water Rights Permit for the maximum quantity
to be developed, issued by the Oregon Water
Resources Department.
Subtask 8.B; Code Check: Kennedy/Jenks
will verify code compliance during its Quality
Assurance phase and Concepts and Criteria Review
identified previously in Task 2. The Code Check
will include the Maintenance and Control Building.
Subtask 8.C; Oregon Health Division
Coordination: Preliminary conversations with City
of Woodburn staff have indicated that involvement
from the Oregon Health Division (OHD) will be
minimal. Kennedy/1enks will provide a copy of the
Pre-Design Report and the Permit Issue plan set to
OHD, but it is not anticipated that OHD will have
significant comments and/or input into the design.
Subtask 8.D; Oregon Water Resources
Department Coordination: Oregon Water
Resources Department (OWRD) is primarily
concerned about municipal water providers'
authorization to take water from groundwater or
surface water for beneficial use. The infrastructure
elements of the delivery system are of little to no
concern to OWRD except to the extent they affect
ATTACHMENT ,4
Page .2.:1.. of ~ g..b
lIB
the amount of water used. The Consultant will
review the OWRD application prepared by the City.
Subtask 8.E; Design Review Coordination
(Building Permit/Streets/Etc.):
Building Permits: Kennedy/Jenks will submit two
sets of Permit Issue plans and specifications to the
City of Woodburn Building Division. Plans shall
include, at a minimum, building plans, cross
sections, and an overall site plan. Separate
applications will be submitted for the well-house
project and the larger design project that includes the
three treatment facilities and the Maintenance and
Control Building. It is assumed that the City will
pay any permit fees.
Task 9 - Bid Period Services
Objectives: The objectives of the Bid Period
Services are to procure a qualified General
Contractor in a fair and efficient manner.
Subtask 9.A; Pre Bid Conference and Site Visit
Participation: The Consultant will be represented
by two people at the pre-bid conference and site
visit. It is assumed that a single pre-bid conference
and site visit will be held.
Subtask 9.B; Answering Questions Regarding
Bid Documents: The Consultant will answer
Contractor and Vendor questions during the bid
period. The questions will be used to develop
project addenda where appropriate.
Subtask 9.C; Development of Project Addenda:
For this size and complexity of project, it is
anticipated that up to four project addenda will be
necessary. The Consultant will develop the addenda
and submit them to the City for reproduction and
distribution.
Subtask 9.0; Attendance at Bid Opening: One
person from the Consultant team will attend the bid
openmg.
Subtask 9.E; Bid Tabulations and Reference
Check. The Consultant will review all bids, enter
data onto spreadsheets, verify bid calculations, and
verify that proper bid attachments have been
submitted. The Consultant will check the
Contractor's references provided with the bid and
submit recommendations to the City. It is assumed
February 5, 2002
Scope of Services - Page 8
r
11" .-r
'I
that there will be one general contractor for the work
except for the well installation and well pumping
facilities.
Subtask 9.F; Reproduction and Distribution of
Bid Documents: The Consultant will provide this
service with the assistance of a Portland area
reproductive service that will allow on-line viewing
of construction documents by prospective bidders.
Subtask 9.G; Prequalification of Bidders: The
Consultant will provide assistance with
prequalifying bidders including development of
selection criteria, evaluation of contractor
submittals, and participation on a selection
committee. This prequalification process may
enhance the chances of quality contractors winning
the bid(s) to perform construction activities for the
City.
Task 10 - Construction Phase
Services
Objective: During the construction phase, the
objective will be to help control project costs by
maintaining a positive relationship with the
contractor, minimizing change orders, and helping to
keep the project on schedule.
Subtask to.A; Consultant Work Plan and
Mobilization: The Consultant's Project Manager
will develop a Construction Quality Assurance Plan.
An internal meeting will be held with team members
to discuss the Plan and to discuss project
communications protocol.
Once the Engineer's trailer has been placed onsite
with an electrical hookup by the Contractor, the
Consultant will setup the appropriate computer
equipment and will provide supplies for the trailer.
Task lO.B; Preparation of Conformed Drawings:
The Drawings will be modified to include changes
listed in project addenda. The Conformed Drawings
will highlight addenda items. Copies will be made
(total of six) and distributed to the City, the General
Contractor, the inspection staff, and to the project
engmeer.
Two additional copies of the project manual will also
be prepared for the Engineer's trailer. These copies
will be used as "marked up" copies for denoting
~llB
ATTACHMENT .'
Page ~5 . of
clarifications and changes that occur during the
project.
Task lO.C; Conduct Pre-Construction
Conference: The Consultant will prepare an agenda
for the City's review prior to the Conference and
prepare meeting notes after the conference. It is
assumed that the Consultant will be represented by
two individuals at the Pre-Construction Conference.
Task lO.D; Shop Drawings / Requests for
Information:
Shop Drawings: The Consultant will coordinate and
process correspondence, submittal, shop drawing,
and request for information, and maintain a log for
each of these items. The logs will be maintained by
an appropriate numbering system, such as the
contractor's submittal number and the specification
section. Each log will also keep track of the number
of days taken to review or respond to each piece of
correspondence or submittal.
The number of shop drawing hours required for
review was assumed based on projects of similar
size and complexity normally encountered by
Kennedy/Jenks. It is assumed that the resubmittal
rate will be 25% of the total number of shop
drawings.
RFl's. Clarifications and Interpretations: A log will
be maintained of the clarifications and
interpretations provided to the contractor. These
clarifications will be posted to appropriate contract
drawings. The Kennedy/Jenks Consultants Office
Coordinator wilI gather information and prepare
responses to RFI's.
Task lO.E; Construction Observation: The
Resident Engineer will be responsible for the day-to-
day oversight of construction activities, including
coordination of construction support activities,
verification that the work is completed in general
conformance with contract documents, and
compliance with project schedules and budgets. The
Resident Engineer will monitor comp Iiance with
contract terms through performance measurements,
progress pay assessment, coordination, and progress
meetings. The Resident Engineer will also monitor
the Contractor's progress of work and compare the
progress of work against the Contractor's baseline
schedule. This task will include:
February 5, 2002
Scope of Services - Page 9
- ,
11" .-r
'J
Personnel Level of Dndltionof
. Involvement Irtvolvement
Resident Engineer 44 hrs. per week 78 weeks
Geotechnical 9 days total. on Throughout
Engineer as needed basis Project
*[t is understood that the City will hire an inspector
to assist the Resident Engineer with the day to day
monitoring of the contractor's work.
Task lO.F; Progress Meetings: The Consultant
will conduct weekly progress meetings at the site.
The Contractor's Project Manager and
Superintendent, Subcontractors, the Consultant's
Project Manager, Design Engineers, Resident
Engineer, Inspectors, and the City's Program
Manager will each participate in some of the
progress meetings. These meetings will provide a
forum to review construction progress, methods, and
other project-related issues with the City and will
provide a forum for the discussion and, if necessary,
resolution of scheduling issues such as planned
shutdowns and connections, progress of
construction, construction difficulties, other issues
affecting the performance of the Contractor and
successful completion of the project.
The Consultant will prepare a combined agenda and
minutes of the previous meeting and distribute this
document to participants prior to each meeting.
Items to be discussed will be numbered by date and
item number. Items will not be removed from the
agenda until they are fully resolved. The
Consultant's level of involvement in the meetings
will include weekly attendance by the Resident
Engineer and periodic participation by other staff -
as indicated in the budget breakdown.
Task lO.G; Project Records, Reports, and
Communications: The Consultant will maintain, at
the job site office, orderly files of correspondence
and field memoranda, reports of job conferences and
meetings, shop drawings and samples, copies of
original Contract Documents including all work
directive changes, addenda, change orders, field
orders, additional drawings issued subsequent to the
execution of the Contract, clarifications and
interpretations of the Contract Documents, progress
ATTAOHMENT 1
Page :iik.... of \", ~
lIB
reports, daily reports, and other project related
documents.
The Consultant will keep and provide the following
records and written communications. Duplicate
copies of these records will be kept in two dedicated
file cabinets at the site. The City will be provided
access to these files at all times and will maintain
ownership of one set of the records upon project
completion. Communications will include
Daily reports: These reports will include a record of
Contractor hours on the job site, weather conditions,
data relative to questions of work directive changes,
change orders or changed conditions, list of job site
visitors, daily activities, decisions, observations in
general and specific observations in more detail as in
the case of observing test procedures.
Monthly Summarv: The Consultant and the
Contractor will prepare a monthly summary of the
work in progress for submittal to the City. Each
monthly report will include a summary sheet with
the following information:
· Original Contract Amount
· Total Number of Change Orders
· Total Dollar Value of all Change Orders
· Current Total Contract Cost
· Total Progress Payment Requests to date
· Percent of Contract Complete on a dollar basis
· Total Number of Days of the Contract
· Total Number of Days added by Change Order
· Current Total Number of Days of Contract
· Percent of Contract Time elapsed
Testing: The City will be consulted with in advance
of scheduled major tests, observations or start of
important phases of the work. The Contractor will
be responsible for selecting, scheduling, and paying
for special inspection. The City will have the right
to approve of the special inspection firm.
Notification: The Consultant will report immediately
to the City any observation or notification of the
occurrence of any job site accidents.
Task 1O.H; Photographic Records: The Consultant
will take photographs of the job site before
beginning of the construction. The photographs will
record the existing site conditions. This will give
the Contractor an opportunity to identify damage
February 5, 2002
Scope of Services - Page 10
. 1
11" wr
T
prior to the start of construction. During
construction, photographing will continue to provide
a visual record of the construction progress. The
photographs will be logged and filled in an
appropriate manner.
Task 10.1; Semi-Final and Final Punch Lists: The
Consultant will conduct a final compliance
inspection with the contractor and prepare a final list
of items to be completed or corrected. We anticipate
that the final compliance inspection will also include
the City's program manager and operations and
maintenance staff.
Task 10.J; Final Project Review and Closeout:
After completion of construction, the Consultant
will:
Conduct a final review of the project with the
City's program manager and operations and
maintenance staff, observe that items on final
list have been completed or corrected and make
recommendations to the City concerning
acceptance.
Prepare the fmal pay estimate and close out and
deliver the project files.
Assist the City with preparation of a certificate
of Substantial Completion, and other completion
documentation required by the City and State
agencies.
Prepare and submit to the City a final construction
closeout report describing the construction project,
costs, changes, problems, schedule, and
recommendations for future projects.
.
.
.
Task 11 - System Startup
Objectives: The objective of System Startup is to
ensure that the system components are each properly
tested with City operations staff on site to both help
with the process and to learn about the operation of
the new equipment and systems.
Subtask II.A; System Startup: The Consultant
will work with City staff and the Contractor to
develop and implement a start-up operations plan
and schedule for the treatment plants, wells, pump
stations, and reservoirs. The plan will address
general process start-up procedures and
requirements. The start-up plan and schedule will be
coordinated with the plant operations staff, project
February 5, 2002
ATTACHMENT A
Page c:t. Z.... of ....3,6
lIB
manager, individual designers, vendors and
c~ntractors, and will define specific start-up
milestones. The Consultant will provide a total of
40 hours of onsite startup assistance in addition to
the Resident Engineer and Instrumentation &
Controls Integration staff.
Subtask II.B; Operator Training: The Consultant
will provide a 21/2 day class for operators so that they
can develop an understanding of the overall water
system improvements and the operational and
maintenance requirements associated with them
The task includes trainer preparation time for
development of presentation materials and
coordination / organization of the training sessions,
participation in the classroom event, and follow-up
to any questions that the operators may have. This
task is in addition to equipment specific training
conducted by equipment suppliers.
Task 12 - Operations Related
Services
Objectives: This task includes tasks that enhance
system operations. A number of tasks will be
performed after startup during the first year of
operation. Objectives are to make facilities easIer to
operate. make facilities easier to expand/modify. and
to protect the City's investment.
Subtask 12.A; Operation and Maintenance
Manuals: The Consultant will prepare an Operation
and Maintenance Manual in addition to the
equipment manuals provided by vendors. The
manual will include an introduction, general
operating descriptions, start up and shut down,
chemical dosing calculations, record keeping, safety
considerations, routine maintenance, emergency
procedures and contacts.
Subtask 12.B; Record Drawings: Record
drawings will be prepared for the project to
incorporate modifications related to alignment shifts,
change orders, and other project modifications
Subtask 12.C; Troubleshooting/Operations
Support: During the first year of operation, the
Consultant will provide as needed support to
operations staff regarding process nuances, answer
other questions that may come up regarding
performance of facilities and HMI issues, and
address other needs as they arise.
Scope of Services - Page 11
I 'Ir
1
Subtask 12.D; Warranty Enforcement: It is
typical for large water system facilities such as those
proposed for the City to have a number of warranty
issues during the first year. The Consultant will
provide support in enforcing the warranties of the
General Contractor and equipment suppliers.
Subtask 12.E; SCADA and PLC Programming
Modifications: As operations staff become
accustomed to using the new water supply,
treatment, and storage facilities, it is inevitable that
areas will be identified where SCADA and PLC
modifications could be made to best meet the long-
term needs for controlling and monitoring the water
system. Kennedy/Jenks will assist the City's
programmer in developing these enhancements so
that operations staff can achieve maximum
satisfaction and performance from the project
Subtask 12.F; One-Year Certification / Punch list
Preparation: The Consultant will provide
assistance in developing a protocol for measuring
plant performance and assessing physical adequacy
of constructed items before the warranty period
ends. A punchlist of corrective action items would
be prepared for the General Contractor to take care
of.
Task 13 - Programming Services
Objectives: The objectives of the programming
services are to enhance operability of the new
facilities, minimize risk of coordination/startup
problems. and allow for fUture modifications of
operations staff by avoiding proprietary equipment.
These objectives will be accomplished by having the
SCADA and PLC programming performed as a
professional service by the Consultant rather than by
a low-bid subcontractor. This work will begin in the
latter stages of the design phase allowing for
maximum coordination between the instrumentation,
mechanical, and programming disciplines. The
City's existing type of controls hardware and
software will be utilized on this project where
practical.
Subtask 13.A; New Well Facilities PLC Logic
Design and Programming: The PLC Logic
programming will consist of the following work
items:
ATTACHMENT ~
Page~. of .:E::::
tlB
.
the
commun ication
PLC
.
Configuring
parameters.
Configuring the PLC va modules.
Converting the control descriptions to PLC
Ladder Logic.
Subtask 13.B; New Well Facilities Human
Machine Interface (HMI) Design and
Programming: The design and programming of the
HMI application will be performed in close
coordination with City staff using Wonderware. The
work will include the following work items:
.
· Create tag database from the PLC va list.
· Create screen graphics.
· Configure the alarming, historical logging, and
va Server.
Subtask 13.C; Treatment/Storage Facilities PLC
Logic Design and Programming: The PLC Logic
programming will consist of the following work
items:
the
communication
· Configuring
parameters.
· Configuring the PLC I/O modules.
PLC
· Converting the control descriptions to PLC
Ladder Logic.
The City's proposed new control building will be
considered as part of the design.
Subtask 13.0; Treatment Reservoir Facilities
Human Machine Interface (HMI) Design and
Programming: The design and programming of the
HMI application will be performed in close
coordination with City staff using Wonderware. The
work will include the following work items:
Create tag database from the PLC [f0 list.
Create screen graphics.
Configure the alarming, historical logging, and
va Server.
The City's proposed new control building will be
considered as part of the design.
Subtask 13.E; O&M Manual Sections. New
O&M Manual sections will be developed and
incorporated into the O&M Manuals for the overall
treatment and storage project. The manuals will
.
.
.
February 5, 2002
Scope of Services - Page 12
r
11" IT
,
include the same components described in Subtask
12.A.
Subtask 13.F; Construction Observation,
Installation, and Startup. The Consultant's
programmers will observe installation of Contractor
provided PLC and computer equipment, install the
ladder logic and HMI at the work sites, and go
through the testing and startup procedures.
Subtask 13.G; Training. The Consultant will
incorporate PLC and HMI training into the overall
project training program. In addition, to the project
specific training provided by the Consultant, it is
recommended that the operators attend training
specific to the type of software used on this project.
Subtask 13.H; Documentation (Record of
Changes). The Consultant will document changes
to the design including ladder logic, drawings, and
HMI screens. Final documentation will be
incorporated in the Record Drawings (Subtask 12.B)
and O&M Manuals (Subtasks 12.A and l3.E).
Subtask 13.1; Project Management. The schedule
and budget will be monitored in accordance to the
Project Management Plan that will be developed as
part of Task I.
Subtask 13.J; Quality Assurance / Quality
Control. A senior instrumentation engineer will
review work products at 10%, 50%, and 90% to
monitor work quality and make suggestions related
to improving efficiency and/or functionality of the
design work.
Subtask 13.K; Meetings (Internal, City, Design
Team, Vendors). It is assumed that 12 person-days
will be required to attend the various meetings
associated with accomplishing Task 13 activities.
Task 14 - Special Services
rurpose. The Special Services task includes
optional work items that may be authorized for
completion at the City's discretion. This task
provides the City with flexibility in making
decisions. The City may:
. Authorize any or all of the subtasks
described herein
. Decide not to complete any or all the
subtasks described herein.
lIB
ATTAOHMENT L
Page ~~_?_, of '-~
. Negotiate a change in Scope and Budget
for any of the subtasks described herein to
reflect changes in circumstances and/or
needs.
. Work with the Consultant to develop
additional Special Services subtasks, as
budget allows, to replace or augment
subtasks described herein.
It is understood that the Consultant may not begin
work on any of the Special Services subtasks
without prior authorization by the City.
Subtask 14.A; Public Education. Public education
related activities have not been firmly defined at this
time. Prior to authorization of public education
subtasks, further discussion and a refmement of
scope and budget will be necessary. Public
education possibilities include:
. Web-based interactive display for public use
such as an animated "water system tour" or
a less complex photographic based
interlinked web site,
. Physical model(s) of water treatment and
storage facilities,
. Artists Renderings
. Graphic Exhibits for public settings (i.e.
schools, libraries)
The budget. that has been allocated to this subtask
provides the City with some flexibility in choosing
an approach that will provide cost effective
educational opportunities for the public.
Subtask 14.B; Multiple Construction Contract
Impacts.
An evaluation will be made during preliminary
design regarding whether to bid the Water Treatment
and Storage Project with separate schedules to allow
multiple contracts to be let. This subtask assumes
that three general contractors will be obtained for
this project. If less than three contracts are let than
this subtask may be less extensive or possibly not
necessary at all.
The three contractor scenario is as follows:
. Treatment Contractor
. Reservoir Contractor
. Control Building Contractor
February 5,2002
Scope of Services - Page 13
11"""'"
..
The division of work between the contracts needs to
be carefully defined during the design phase. One
question that needs to be answered is should the
backwash recovery tanks be included in the contract
with the 2.2 MG reservoirs It is assumed that the
reservoir contractor will construct the radon
stripping equipment.
This subtask includes the following work items
which would supplement Tasks 1,7,9, 10, and 12
Design Phase Supplemental Work. It is assumed
that the design documents will be modified to
include three bid schedules. The contractors would
be allowed to bid on only those schedules that they
were pre-qualified for. Use of this "bid schedule"
approach provides a cost benefit in that the
Consultant can still prepare and assemble a single
bid package. Supplemental design work necessary
to bid the three schedules would include:
· Preparation of three sets of front-end
specification documents including sections
00300 (bid form), 00410 (bid security),
00430 (subcontractor list), 00431
(subcontractor qualifications), 00480 (non-
collusion affidavit), 00500 (agreement),
00610/00620 (bonds), 01010 (summary of
work), 01025 (measurement and payment),
010140 (coordination and project
requirements), 01300 (submittals), and
01650 (facility startup). The different sets
of Division 0 and 1 documents would be
separated by clearly labeled dividers to help
the contractors avoid confusion.
· Delineation of work between contractors on
the project drawings. It is assumed that one
additional sheet for each of the three
treatment/storage sites will be necessary to
define the work requirements associated
with each contractor including definition of
staging areas and other coordination
requirements.
Bid Phase Supplemental Work. The bid phase of the
project would change somewhat by having three bid
schedules. The changes include additional
reproduction expenses related to the additional
specification requirements, additional time spent
answering questions, the possible need for a fifth
addenda to clarify contractor's coordination
questions, and additional time for review and
tabulation of the bid submittals. Also, the amount of
liB
ATTACHMENT -i-
Page~ of q,
interested bidders could be expected to increase the
work effort associated with pre-qualification of
contractors.
Construction Phase Supplemental Work. Splitting
the project into three construction contracts would
have a significant impact to the construction services
portion of the project. Impacts would include:
· Project management requirements would
increase to properly oversee the additional
work described in the following paragraphs.
· Three pre-construction conferences would
be necessary instead of one.
· Correspondence and general submittals
such as schedule updates and erosion
control plans would increase. The number
of technical shop drawings will increase if
the project is split into three contracts (i.e.
separate submittals for architectural work,
concrete mix designs, granular backfill,
pipe, valve, and protective coatings, etc.).
· The number of progress meetings would
substantially increase.
· The amount of time required to review and
negotiate monthly pay requests would
significantly increase.
· Closeout / Punch list coordination would
increase due to an increase in the number of
contractors involved.
To accommodate the additional paperwork, filing,
and meetings associated with oversight of the
various contractors, the Consultant would provide an
assistant to the Resident Engineer on the site an
average of one day per week (two days during
periods of heavy activity, no days at other times).
Operations Related Supplemental Work. The
warranty enforcement task likely would reqUire
additional effort because of an increase in the
number of contractors involved.
Subtask 14.C; Additional Permitting Assistance
The level of effort required for project permitting is
often difficult to predict on large projects. Several
permitting related activities are included in this
project in Task 8. If any permitting needs are
identified that require greater effort than has been
identified, and if the City wishes to use the
Consultants services on any of the additional
February 5, 2002
Scope of Services - Page 14
I IT
1
permitting work items, then this subtask can be
defined and authorized.
Subtask 14.D; Easement Related Surveying and
Coordination.
The final raw water pipeline alignments have not
been determined. [f the pipeline alignments require
landowner I easement coordination, then this subtask
can be authorized once the scope and budget have
been refmed to reflect actual needs. It is anticipated
that this subtask may include surveying,
development of legal descriptions, and coordinating
utility locates.
Subtask 14.E; Construction Schedule Overrun
Impacts.
One of the most frequent reasons that professional
service budgets exceed budgets is related to
construction schedule problems. This task provides
funding for up to four months of additional
construction oversight acti vities in case the
Contractor fails to complete the work on schedule.
The City may be able to recover some of the cost of
this subtask by assessing liquidated damages on the
Contractor.
Task 15 - Unscheduled Tasks
Objective: The objective of this task is to allow the
City adequate flexibility to complete the work
necessary for the Water Treatment and Storage
project by creating the ability to add minor scope
items to the Consultant's contract as necessary.
Description of Task. It is anticipated that during
the course of the project additional professional
services work items may be identified as being
desirable to include in the project. If and when that
occurs, the City and the Consultant will negotiate a
scope and budget for specific subtasks. The public
works director has the authority to authorize work as
needed under this subtask. The Consultant may not
use any of the budget allocated for this Subtask
without prior authorization by the City.
Activities that may be given consideration for
completion as part of Task 15 include additional
public involvement and public education,
preparation of a Vulnerability Assessment,
additional site specific architectural features, site
perimeter security systems, and/or project related
improvements to existing storage and well facilities.
lIB
ATTACHMENT~
Page...lL. of ~
Estimated Sheet Count
For the purposes of this proposal, it has been
assumed that the project will be bid as a single
construction contract except for the well drilling,
well pumping facilities, and a temporary connection
to the distribution system. The Sheet Count will be
adjusted to reflect any preliminary design decisions
that impact the size or complexity of the project.
The project Sheet Count used to develop the
proposed fee for this project appears in the cost
section of this proposal.
Deliverables
Project deliverables are listed below:
Proiect Management Deliverables (I each)
Project Management Plan
Monthly Status Updates
Monthly Invoices
Draft Agenda for Meetings
Meet.ing Notes
Quality Assurance Deliverables (I each)
Quality Assurance Plan
Preliminary Design Deliverables (5 each)
Technical Memoranda (For each subtask, 4.D,
4.E, 4.G - 4.0)
Draft Preliminary Design Report
Final Preliminary Design Report
Well Installation Deliverables (5 each)
Draft Well Design Documents with
Hydrogeology Report
Final Well Design Documents
Detailed Design Deliverables (5 each)
50% Design Drawings with List of
Specifications and Opinion of Probable
Construction Cost
90% Design Drawings and Project Manual with
Opinion of Probable Construction Cost
Final Design Drawings and Project Manual with
Opinion of Probable Construction Cost
Permitting and Code Compliance Deliverables
The deliverables for subtasks 8.A and 8.8 will
be included as part of the preliminary design
report. It is assumed that up to five copies of the
preliminary design report, well installation
drawings, and the construction plans and
specifications will be submitted to the various
February 5,2002
Scope of Services - Page 15
T T
11" lIT
'J
funding agencies in addition to the copies of
these documents that will be provided to the
City.
Bid Services Deliverables (2 each)
Addenda Nos. 1-4
Construction Services Deliverables (I each)
Request for Information Responses
Shop Drawing Review Letters
Request for Quotations
Draft Change Order Documentation
Other Contractor/Consultant Correspondence (as
needed)
Daily Inspection Reports (upon project
completion)
~~~:C~~E~l ~ lIB
Progress Payment Recommendations (monthly)
StartuP Deliverables (5 copies)
Startup Operations Plan
Operations Related Services Deliverables
O&M Manual (4 copies)
Record Drawings (I electronic copy; I hard
copy)
February 5, 2002
Scope of Services - Page 16
T
J' II
T
J!l
"
s
:;
..
"
o
U
..
'"
"
.9l
>.
"
..
"
"
..
'"
,
r.:':
I"
...
@
~
,:,:"'
...
...
@
~
:;; .... I::' 00 ::.
- : I :: W ..
; ~-. ::::' ':.'.: .:
u g:~~_" _ _ _ . _ . . _ ~ . . _ . . . . . _
~l._-+---_..___._.______.___..______.,_ .._ .______ __0..________._____________._____
:N ~ ~ N N M
:0 0 0 0 0 0
i~ ~ ~ ~ - M
~i~ ~ ~ ~ ~ ~
~E 5 ~ ;t -g ~ U:
f- :::; f- ~
~;6'
=
0'
'M
:0'
'N,
:6,
--:
~i6
.~1_.1
:",.
6'
0,
<-..,
iN!
i.....;
:0:
; ,
l--~i
o
Gl
0'
0..
Gl
Cl
III
..
o
ii)
'tl
C
Gl III
:;...
'tlC
Gl Gl
.r:E
u'"
en:
..
01-
Gl ..
O~
.. III
D..3:
C
..
:l
,g
'tl
o
o
3:
~t~j
t~l
~~
\--i
~J;)
glOi
~
l~:
'0'
j l
N
o
';;r
"iN
!'I,
en ::>
it=.
N
o
;;r
;;j
::>
.r:
f-
N
o
N
N
N
'C
u..
N
o
N
N
N
;t
I
i
!
,
i...
'..
!~
..Ill.
il;
~!:8
~l~
c
..
E
&
l!
~
1:;
..
'e-
0.
u
o
~
:5.
'..
..
a
~
'"
c
:~
e
0.
'"
r
N
o
2;
;;r
'0
Q)
~
c
o
""
~
III
C
o
U
..e
III
c
o
""
..
::>
..
>
w
'ij
~
'"
N
o
lO
M
Q)
::>
f-
o
""
~
c
o
U
"
c
..
..;
iii
C
co
'0;
..
a
III
..
;g
'0
..
u.
'ij
~
<0
M
o
<i3
N
N
N
~
;::::
c
o
:::;
c
co
'0;
..
a
e
6
,.:.
M
o
2;
M
;;r
'0
Q)
~
M
o
~
::>
.r:
f-
III
GO
<>
.~
..
en
"
iii
'"
M
o
;::::
M
c
o
:::;
M
o
;::::
M
c
o
:::;
III
~
<Il
~
..
~
!i
...
<(
M
o
2;
M
~
'0
Q)
~
N
o
<i3
;;r
::>
.r:
f-
co
c
'f!
.~
..
0.
'"
.,.,
o
<i3
N
N
c:
o
:::;
M
o
<D
N
<D
::>
.r:
f-
III
..
.Il
~
..
en
5
tl
~
..
5
u
~
@
fJ
[j
....
G'
~.'..' .
i
i
i
D
U
M
~
;::::
Q)
::>
f-
--..-.....----.~--------------i
ll) I() co N ('l') j
~ ~ ~ ~ ~ !
~ ~ ~ ~ ~ :
c: c: Q) C C
o 0 ~ 0 0
:::; :::; f- :::; :::;
i
M
~
......
Q)
::>
f-
~
u
~
:5
u
.5;
~
<Il
10
o
iXi
N
N
c
o
:::;
~
~
.~
I
:5
u
10
o
~
c:
o
:::;
0>
C
'"
S
"
c
..
Q.
e
S
en
::
10
o
~
c:
o
:::;
III
..
<>
.~
..
en
j
.!!I
..
0::
III
.j
I!
8
'"
-
N
~
M
o
lO
0;
'0
Cl>
~
'0
Cl>
~
co
c
'E
E
~
0.
..
..
:e
'5
..
u.
'ij
~
~
co
c
'E
E
~
0.
e
..
o
D
C')
'If .-r
ATTACjtMENT 11,.
Page_J~ of ~
lIB
"
5
U
~
"
o
.
..
'"
..
~
l-
n;
E
~
UJ
~
*
.9!
:i
~
..
.B
[[
~
~
E
~ Jl
~
E
~
en
v
..
"is
n.
I.
.. ~
Xl ~
~ .9!
a. :i
11
o
-"
'"
'"
I-
Q.
en
..
'3
al
fi
cn
~'N
,l2
~~
.f8
g~
~*
0.0
T
ATTA~h1ENT.~
Page __ of
lIB
EXHIBIT C
COMPENSATION
I. TIME RELATED CHARGES
Time related charges for Kennedy/Jenks Consultants shall be the total number of hours
worked on the Project by each employee, multiplied by the personnel compensation
rate shown on the Kennedy/Jenks Consultants Schedule of Charges included with this
exhibit.
II. DIRECT EXPENSES
Direct expenses are charges, other than those included in time related charges above,
incurred directly for the Project. Direct expenses include subcontractors and other
expenses.
The subconsultants that are anticipated for this project include:
1. Economic and Engineering Services, Inc. for reservoir design.
2. Flow Science Incorporated for specialty hydraulic analysis.
3. Percival and Shapiro for landscape architecture.
4. J&R Surveyors for surveying.
5. GeoEngineers for geotechnical evaluation.
All subconsultant services shall be billed at cost. Other direct expenses incurred by
Consultant and subconsultants shall be billed at cost.
Direct expenses, excepted as specified below, shall be billed at standard billing rate.
Direct expenses include, but are not limited to:
1. Services and Equipment such as special accounting services, computer
and electronic data processing, field vehicle usage, field testing and
laboratory analysis.
2. Reproduction services including reproducing drawings, photocopying,
printing and binding.
3. Communication costs such as telephone, facsimile, telegraph, cable,
express delivery and postage.
4. Subcontracted services.
Page 1
T
"'II"" .-r
..
5.
ATTACHMENT .Jz.
Page s3.S-. of b
Living and travel expenses of employees when away from their home
office. An effort shall be made to minimize travel expenses by traveling
coach class on airlines and reserving standard hotel rooms.
lIB
6. Automobile mileage at 40 cents per mile except for mileage for the
resident inspector which will not be reimbursed.
III. LIMITATION OF COST AND TIME
Consultant estimates that the cost for services described in Exhibit B shall not exceed
$3,432,000.00 and that the time for completion of the Project shall be as stated in the
Agreement. Consultant shall use its best efforts to perform the work specified within
the estimated cost and time.
If Consultant believes the cost will exceed the estimate, Consultant shall notify Owner.
The notification will include the revised cost estimate and/or the revised time for
completion.
Consultant agrees that Owner may perform certain activities that the Owner has
determined can be done more cost effectively by the Owner. Owner and Consultant
staff will discuss potential scope and budget impacts prior to removing items from
Exhibit B and making them Owner performed activities. The reduction derived from
this activity will be limited to 10 percent of the not to exceed cost of services unless
agreed to by the Consultant.
Owner shall not be obligated to pay Consultant for costs incurred in excess of the
estimate unless Owner agrees to do so. Consultant shall not be obligated to continue
performance under this agreement or otherwise incur costs in excess of the original
estimate unless and until Owner agrees to increase the authorized cost.
Page 2
'II" -.r-
..
KENNEDY/JENKS CONSULTANTS
lIB
Client:
City or Woodburn
ATTACl:;fMENT A
P~go...:2t.e.- of -30
Errective Date:
February 4, 2002
Schedule of Charges
Personnel Compensation
Classification
N on- Technical Support Staff
Word Processing
Drafter/Technician
Staff Engineer/Scientist
Senior Technician/Designer
Sr. Staff Engineer/Scientist
Engineer/Scientist
Associate Engineer/Scientist
Senior Associate Engineer/Scientist
Senior and Principal Engineer/Scientist
Project Administrator
$43
$56
$68
$78
$81
$87
$110
$122
$126
$138
$57
The above Hourly Rates include normal and incidental costs such as routine communications and office supplies.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at actual cost for items such
as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services.
c. Rented vehicles, local public transportation and taxis, travel and subsistence.
d. Specific telecommunications and delivery charges.
e. Special fees, insurance, permits, and licenses applicable to the work.
f Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at
the rate of 40 cents per mile. The rate for field vehicles assigned to a project will be $40 per day with no charge for mileage.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-halftimes the Hourly Rates
specified above.
Reimbursement for use of computerized drafting systems (CADD) will be at the rate of$5 per hour. Reimbursement for laptop
computers assigned to full-time field staff will be at rate of $30 per week. The cost for use of other computer systems is
included in the hourly rate shown above and will not be reimbursed separately.
Other in-house charges for prints and reproduction, equipment usage, laboratory analyses, etc. will be at standard company
rates.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided.
The personnel compensation rates are in effect as of the date listed above. The rates will be escalated by four percent annually,
beginning with the July 2002 invoice.
lofl
TIl
n
t