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HomeMy WebLinkAboutItem 08 P21065 Direct Appoint Engineering Services AGENDA ITEM SUMMARY Meeting Date: 3/2/2020 Meeting Type: Regular Meeting Staff Contact/Dept.: Jesse Jones/DPW Staff Phone No: 541-726-3720 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and Facilities ITEM TITLE: P21065 JASPER TRUNK SEWER PHASE 3 DIRECT APPOINTMENT CONTRACT ACTION REQUESTED: By motion: TO APPROVE DIRECT APPOINTENT OF MURRAY SMITH FOR THE JASPER TRUNK PHASE 3 ENGINEERING SERVICES CONTRACT IN THE AMOUNT OF $346,857 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT. ISSUE STATEMENT: The City is proceeding with the next phase of design and construction of the Jasper Trunk Sewer to serve anticipated development. ATTACHMENTS: Attachment 1: Contract Attachment 2: Direct Appointment DISCUSSION/ FINANCIAL IMPACT: The City of Springfield's Wastewater Master Plan, dated June 2008, identified the Jasper Trunk Sewer as a future construction project to serve undeveloped areas outside of the City limits and within the urban growth boundary in the expansion area southeasterly of the City. In 2009, the City solicited a request for proposals (RFP) seeking a qualified professional civil engineering consultant to assist with planning, preliminary and final designs, contract documents, bidding and award services, and construction phase engineering and inspection services for the project. After an evaluation of proposals, the City selected Murray, Smith & Associates, Inc. (MSA). The City and MSA entered into a contract (C112) dated July 20, 2009. During preliminary design, it was decided to split the project into four phases to better align with anticipated development. Phases 1 and 2 were designed and constructed per the original contract. The design for the remaining phases was advanced to the 60% level and then put on hold and the contract was subsequently closed out. The City is now seeking to complete the design and begin construction of Phase 3. The City is seeking to directly appoint MSA (pursuant to OAR 137- 048-0200(1)(d)) to complete the design and provide technical assistance for Phase 3 of the project. It would be in the best interest of the City to have MSA complete the design as they have already performed much of the preliminary work including surveys, investigations, analysis, and pre-design. Appointment of MSA would promote the efficient use of public funds and resources and result in substantial cost savings to the City. Selection of a different consultant would result in repeated work, increased cost, and delayed schedule. Upon appointment, MSA would assist the City in: • Completing the design for Phase 3 • Preparing the bid package and providing bid process assistance • Identifying and acquiring necessary temporary and permanent easements • Preparing and submitting required permit applications The fee for this phase of the project is estimated to be $346,857. DRAFTCITY OF SPRINGFIELD INDEPENDENT CONTRACTOR AGREEMENT (Type 3: For Personal Services Contracts Requiring Professional Liability Insurance) Contract # 2541 Dated: March 3, 2020 Parties: The City of Springfield (“CITY”) A municipal corporation in the State of Oregon 225 Fifth Street Springfield, Oregon 97477 and MURRAYSMITH, INC. (“Independent Contractor”) Additional Independent Contractor Information: A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation B. Address: 888 SW 5TH AVENUE SUITE 1170 C. Telephone: 503-225-9010 D. Fax No: N/A E. SSN or Fed. I.D. No: On file F. Professional License(s) No: 65434PE G. Oregon Agency Issuing License: OSBEELS H. Foreign Contractor Yes No (Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B (11). CITY Account Number(s) To Be Charged (Include Percentages): Account Number Percentage 617-07400-8800-800005 100% In consideration of the mutual covenants contained herein, the parties agree to the following terms, provisions and conditions: 1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule described in Attachment 1 attached hereto and incorporated herein by this reference and in an amount not to exceed $346,857. 2. Invoice. 2.1. Invoice to be sent to: Accounts Payable - City of Springfield, 225 5th Street, Springfield, OR 97477 or email to ap@springfield-or.gov. 2.2. Invoice will be paid on net 30 day terms upon City acceptance of goods delivered, work or services performed; 2.3. The invoice must reference this contract #2541 and approval code #764; 2.4. The invoice must include the task # and sub-task #, number of hours worked on the task, name and title of staff or subcontractor, $ per hour and identify percentage completed of each Task/Deliverable; 2.5. There are no reimbursable expenses for this project. C2541Murraysmith, Inc.Page 1 of 27 AIS ATTACHMENT 1, Page 1 of 27 DRAFT 3. Services to be Performed by Independent Contractor. Independent Contractor shall perform the services described on Attachment 1. 4. Term. This Agreement is effective as of the date first set forth above and shall continue until September 30, 2022, unless earlier terminated in accordance with the provisions of this Agreement or by mutual consent of the parties. 5. Sourcing. S2539 Direct Appoint in accordance with OAR 137-059-0200 and approved by City Council on Mar. 2, 2020. 6. First Point of Contact. Independent Contractor: Bill Evonuk, 503-709-7180, bill.evonuk@murraysmith.us CITY: Jesse Jones, 541-726-3720, jjones@springfield-or.gov 7. Independent Contractor Status. By its execution of this Agreement, Independent Contractor certifies its status as an “Independent Contractor” as that term is used under the laws of the State of Oregon, and that all performance of any labor or services required to be performed by Independent Contractor under the terms of this Agreement shall be performed in accordance with the standards set forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and incorporated herein by this reference. 8. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited to ORS 279B.110, ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as more fully set forth on Exhibits “A” , “B” and “C” attached hereto and incorporated herein by this reference. 9. Work Performed. The work to be performed by Independent Contractor includes services generally performed by Independent Contractor in his/her/its usual line of business. 10. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not limited to income tax, payroll tax, social security and self -employment tax. CITY shall not withhold, pay, or in any other manner be responsible for pa yment of any taxes on behalf of Independent Contractor and as more specifically set forth in Exhibit C. 11. Reimbursement of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing. 12. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to perform the services required unless otherwise agreed in writing. 13. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts on behalf of CITY, its officers, agents and employees. This Agreement shall not create a partnership or joint venture of any sort between the parties. 14. Federal Employment Status. In the event payment made pursuant to this Agreement is to be charged against federal funds, Independent Contractor hereby certifies that it is not currently employed by the Federal Government and the amount charged does not exceed Independent Contractor’s normal charge for the type of services provided 15. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the Independent Contractor, the City, or to others on account of the character or performance of the work, unforeseen difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume C2541Murraysmith, Inc.Page 2 of 27 AIS ATTACHMENT 1, Page 2 of 27 DRAFTdefense of, indemnify and save harmless the City, its officials, agents, and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent Contractor or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of whether any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability loss, damage or injury and irrespective of whether act, omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or damages resulting solely from acts or omissions of the City, its officials, agents or employees. The absence of or inadequacy of the liability insurance required in section 16 below shall not negate Independent Contractor’s obligations in this paragraph. 16. Insurance. 16.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this agreement a Commercial General Liability insurance policy written on an occurrence basis with limits not less than $2,000,000 per occurrence and $3 ,000,000 in the aggregate for bodily injury or property damage. The polic y will contain a “per project” Aggregate endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents will be named as an Additional Insured where operations are being conducted related to this contract, on the General Liability policy as respects to work or services performed under this Agreement to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the Independent Contractor or the fault of the Independent Contractor’s agents, representatives or subcontractors. This insurance will be primary over any insurance the City may carry on its own. Independent Contractor understands that CITY is a public entity subject to the requirements of the Oregon Governmental Tort Claims Act, ORS 30.260 et seq. In the event that CITY’S financial obligations or liabilities are modified by any amendment to the liability limits imposed by the Oregon Governmental Tort Claims Act, Independent Contractor agrees that the limits regarding liability insurance set forth in this Section16.1 will be modified to conform to such limits. Independent Contractor and CITY shall sign an amendment to this Agreement incorporating such modification. 16.2. Professional Liability. Independent Contractor shall maintain in force during the duration of this Agreement (and, if it is a claims made policy, for a year following completion of the project) a professional liability policy, approved by the City’s Risk Manager as to terms, conditions and limits. 16.3. Asbestos Abatement. (Only applicable to contracts where asbestos maybe present) The Commercial General Liability policy shall be written on a form that meets the following criteria and must be ASBESTOS SPECIFIC as follows: a. A full occurrence form, or b. A limited occurrence form with at least a three-year (3) tail, or c. A claim made form with a three-year (3) tail. 16.4. Workers’ Compensation. Independent Contractor shall provide and maintain workers’ compensation coverage with limits not less than $500,000 for its employees, officers, agents, or partners, as required by applicable workers’ compensation laws as defined in ORS 656.027 and ORS 701.035(5). If Independent Contractor is exempt from coverage, a written statement signed by Independent Contractor so stating the reason for exemption shall be provided to the City. 16.5. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an insurance company satisfactory to the City shall be provided to the City by way of a City approved certificate of insurance before any work or services commence. 16.6. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall contain a requirement that the Insurance company notify the City 30 days prior to any C2541Murraysmith, Inc.Page 3 of 27 AIS ATTACHMENT 1, Page 3 of 27 DRAFTcancellation or material change in coverage. If the approved insurance company will not provide this 30 day notice, the Independent Contractor shall provide written notice to the City contract manager within 2 calendar days after the Independent Contractor becomes aware that their coverage has been canceled or has been materially changed. The Independent Contractor shall either fax 541-726-3782 said notice or email it directly to Jayne McMahan (jmcmahan@springfield-or.gov), Procurement and Contracts Manager. Regardless of what circumstances caused Independent Contractors insurance coverage to cease or be modified, it is the Independent Contractor’s responsibility to notify the City. Failure to maintain proper insurance or provide notice of cancellation or modification shall be grounds for immediate termination of this contract.________(Independent Contractor initials) 16.7. Equipment and Material. The Independent Contractor shall be responsible for any loss, damage, or destruction of its own property, equipment, and materials used in conjunction with the work. 16.8. Subcontractors. The Independent Contractor shall require all subcontractors to provide and maintain general liability, auto liability, professional liability (as applicable), and workers’ compensation insurance with coverage’s equivalent to those required of the general contractor in this contract. The Independent Contractor shall require certificates of insurance from all subcontractors as evidence of coverage. 16.9. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review and approval from the City’s Risk Manager. 16.10. Railroad Protective Liability Coverage. If work being performed under this agreement is near railroad tracks or a railroad right of way and the Railroad requires special insurance (for example: Railroad Protective Liability Coverage) Independent Contractor will be responsible for meeting the Railroad insurance requirements before any work comme nces. Any insurance required to be purchased by the Railroad is in addition to the insurance required by the City. 17. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or in part, whenever for any reason CITY shall determine that such termination is in the best interest of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination is effective. Upon delivery to the Independent Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY shall, by agreement, make an appropriate written modification to this Agreement governing completion of portions of the Independent Contractor’s work and payment therefore by CITY. 18. Rights In Data. All original written material, including programs, card decks, tapes, listings, and other documentation originated and prepared for CITY pursuant to this Agreement, shall become exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during the course of this Agreement by Independent Contractor personnel can be used by either party in any way it may deem appropriate. Material already in Independent Contractor’s possession, independently developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by Independent Contractor from third parties, shall belong to Independent Contractor. This agreement shall not preclude Independent Contractor from developing materials which are competitive, irrespective of their similarity to materials which might be delivered to CITY pursuant to this Agreement. Independent Contractor shall not, however, use any written materials developed under this Agreement in developing materials for others, except as provided in this section. 19. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent, employees, or contractors, may receive confidential information. Independent Contractor agrees to use its best efforts to maintain the confidentiality of such information and to inform each agent and employee performing services of the confidentiality obligation that pertains to such information. 20. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior written approval of CITY. No such written approval shall relieve Independent Contractor of any C2541Murraysmith, Inc.Page 4 of 27 AIS ATTACHMENT 1, Page 4 of 27 DRAFTobligations of this Agreement, and any transferee or subcontractor shall be considered the agent of Independent Contractor. Independent Contractor shall remain liable as between the original parties to this Agreement as if no such assignment had occurred. 21. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective successors and assigns. 22. Compliance With All Government Regulations. Independent Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be grounds for termination of this Agreement. Damages or costs resulting from noncompliance shall be the sole responsibility of Independent Contractor. 23. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal. 24. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may terminate this Agreement upon written notice after determining such delay or default will unreasonably prevent successful performance of the Agreement. 25. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit against CITY on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any material furnished or work or services performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with such claim or suit. 26. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 27. Access To Records. CITY and its duly authorized representatives shall have access to books, documents, papers and records of Independent Contractor which are directly perti nent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 28. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or relinquishment by CITY of the right to such performance in the future nor of the right to enforce any other provision of this Agreement. 29. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, without prior written approval of CITY, No modification of this Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court. 30. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations. 31. Americans with Disabilities Act Compliance. Independent Contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. and Section 504 of the Rehabilitation Act of 1973. 32. Dual Payment. Independent Contractor shall not be compensated for work performed under this contract from any CITY agency other than the agency which is a party to this contract. C2541Murraysmith, Inc.Page 5 of 27 AIS ATTACHMENT 1, Page 5 of 27 DRAFT 33. Non Appropriation. The obligation of the City to make payments beyond June 30, 2020 is subject to annual appropriation. To the extent that funds are appropriated to make those payments for a given fiscal year, the full faith and credit of the City is pledged to the payments for such fiscal year. The obligation of the City to make those payments is not secured by the unlimited taxing power of the City and is not a general obligation of the City. The City's obligation to make those payments in any year is subject to future appropriation of funds by the City Council for the fiscal year in which the payment is due. In the event that funds are not so appropriated, payments will not be made. The failure to make a payment due to non-appropriation shall not constitute a default under this Agreement. 34. Choice of Law, Forum, Construction of Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon, apart from choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any disputes involving this Agreement, any breach of this Agreement, or relating to its subject matter. The Parties agree to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This Agreement shall not be construed more favorably to CITY due to the preparation of this Agreement by CITY. The headings and subheadings in this Agreement are for convenience, do not form a part of this Agreement, and shall not be used in construing this Agreement. 35. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein. IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set forth above. CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR By: By: Name: Name: Title: Title: Date: Date: C2541Murraysmith, Inc.Page 6 of 27 AIS ATTACHMENT 1, Page 6 of 27 DRAFTEXHIBIT “A” INDEPENDENT CONTRACTOR STATUS Independent contractor states and represents that contractor is an independent contractor as that term is defined in Oregon Revised Statute 670.600 and more specifically represents, states and agrees that in providing the services and scope of work specified in this contract: 1. Independent contractor provides services for remuneration; and 2. Independent contractor is free from direction and control over the means and manner of providing the services and scope of work subject only to the right of City to specify the desired results; and 3. Independent contractor is customarily engaged in an independently established business; and 4. Independent contractor is licensed within the state of Oregon to provide any services for which a license is required under ORS Chapter 671 or 701 and is responsible for obtaining other licenses or certificates necessary to provide the service or scope of work; and 5. Independent contractor complies with at least three of the following requirements: (a) A business location is maintained that is separate from the business or work location of City; or is in a portion of the independent contractor’s residence and that portion is used primarily for the business. (b) The independent contractor bears the risk of loss related to the provision of services or scope of work such as entering into a fixed price contract, defective work is required to be corrected, the services provided are warranted or indemnification agreements, liability insurance and performance bonds and errors and omissions insurance are provided. (c) Contracted services for two or more different persons or entities within a twelve month period have been obtained, or routinely engaged in business advertising, solicitation, or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. (d) Significant investment in the business has been made such as purchasing tools or equipment, paying for premises or facilities where services are provided, paying for licenses, certificates or specialized training. (e) Possesses authority to hire other persons to assist in providing their services and has the authority to fire those persons. 6. Independent contractor will immediately inform City in the event that it fails to conduct its services in one or more particulars as represented in 1 through 5 above. C2541Murraysmith, Inc.Page 7 of 27 AIS ATTACHMENT 1, Page 7 of 27 DRAFTEXHIBIT “B” City of Springfield Public Contracts Conformance with Oregon Public Contractors Laws Pursuant to Oregon law, every public contract shall contain the following conditions: 1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279B.220(1) 2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279B.220(2). 3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3). 4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4). 5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost -effective. ORS 279B.225. 6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and ho spital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted fr om the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279B.230. 7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week i s four consecutive days, Monday through Friday; and c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.235(1)-(2). 8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who a re excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3). 9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the employees may be required to work. ORS 279B.235(5). If this agreement is for a public improvement, the contract shall contain the following conditions: 10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. ORS 279C.505(1)(a). 11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. ORS 279C.505(1)(b). 12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c). 13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d). 14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2). C2541Murraysmith, Inc.Page 8 of 27 AIS ATTACHMENT 1, Page 8 of 27 DRAFT15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer o r officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 3 0 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined i n ORS 279C.580. ORS 279C.515. 16) The payment of a claim does not relieve the contractor or the contractor’s surety from obligation with respect to any unpaid claims. ORS 279C.515(4). 17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279C.100, the employee shall be paid at least time and a half pay: a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days; or, b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and, c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1). An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. ORS 279B.520(2). 18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who a re excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3). 19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week , whichever is greater. An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days p er week that the employees may be required to work. ORS 279C.520(5) 20) ENVIRONMENTAL MATTERS: In compliance with ORS 279C.525, the Contractor is made aware that the following federal, state, and local agencies have enacted ordinances or regulations relating to the prevention of environmental pollution or the preservation of natural resources which may affect performance of SUB contracts. This is not intended to be a complete listing of agencies. Other agencies may have enacted ordinances or regulations that may apply. If the Contractor is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited in the Contract or due to enactment of new or the amendment of existing statutes, ordinances, rules or regulations rela ting to the prevention of natural resources occurring after the submission of the successful quote, the contracting agency may, at its discretion, terminate the Contract, complete the work itself; use non-agency forces already under contract with the City, require that the underlying property owner be responsible for cleanup, solicit quotes for a new contractor to provide the necessary services or issue the Contractor a change order setting forth the additional work that must be undertaken. If the Contractor encounters a condition not referred to in the Invitation to Bid documents, not caused by the Contractor or any subcontractor employed on the project and not discoverable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations referred to under this regulation, the contractor shall immediately notify SUB of the condition. FEDERAL AGENCIES Department of Agriculture Fish and Wildlife Services Forest Service Office of Surface Mining Soil Conservation Service Reclamation and Enforcement Department of the Army Corps of Engineers Bureau of Reclamation Coast Guard Department of Labor Department of Health and Human Services Occupational Safety and Health Administration Department of the Interior Mine Safety and Health Administration Bureau of Indian Affairs Department of Transportation Bureau of Land Management Federal Highway Administration Bureau of Outdoor Recreation Environmental Protection Agency Department of Commerce STATE AGENCIES Department of Agriculture Department of Human Services Department of Energy Land Conservation and Development Commission Department of Environmental Quality Division of State Lands C2541Murraysmith, Inc.Page 9 of 27 AIS ATTACHMENT 1, Page 9 of 27 DRAFT Department of Fish and Wildlife State Soil and Water Conservation Commission Department of Forestry Water Resources Department Department of Geology and Minerals Oregon Department of Transportation LOCAL AGENCIES Common Council, City of Springfield Planning Commission, City of Springfield Environmental Services, City of Springfield Development Services Department, City of Springfield Board of Commissioners, Lane County Planning Commission, Lane County Lane Regional Air Protection Agency Springfield Utility Board Willamalane Park & Recreation District Springfield Downtown & Glenwood Urban Renewal Districts Rainbow Water District 21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply with ORS 656.017. ORS 279C.530. 22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not le ss than the specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1). If this agreement is for demolition, the contract shall also contain the following conditions: 23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost -effective. ORS 279C.510(1) C2541Murraysmith, Inc.Page 10 of 27 AIS ATTACHMENT 1, Page 10 of 27 DRAFTEXHIBIT C OREGON TAX LAWS COMPLIANCE AND CERTIFICATION A. Contractor's Compliance with Tax Laws. 1. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this Section, 'tax laws" includes all the provisions described in Subsection B. 1. (i) through (iv) of this Contract. 2. Any violation of Subsection 1 of this Section A shall constitute a material breach of this Contract. Further, any violation of Contractor's warranty, in Subsection B.1. of this Contract, that Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Contract. Any violation shall entitle City to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in eq uity, including but not limited to: a. Termination of this Contract, in whole or in part; b. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to State's setoff right, without penalty; and c. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. City shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing [replacement Services/replacement Goods/ a replacement contractor]. These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever. B. Contractor's Representations and Warranties. Contractor represents and warrants to City that: 1. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the [date of Closing of {bids/proposals}for/effective date of] this Contract, faithfully has complied with: (i) All tax laws of this state, including but not limited to ORS 305.620 and ORS c hapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or compensation for any work performed by Contractor; (iii) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. Any [Goods/Items/Equipment/Components/Hardware/Software/Intellectual Property Rights, etc.] [delivered to/granted to] City under this Contract, and Contractor's Services rendered in the performance of Contractor's obligations under this Contract, shall be provided to City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all lie ns, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind. C2541Murraysmith, Inc.Page 11 of 27 AIS ATTACHMENT 1, Page 11 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 1 SCOPE OF WORK ENGINEERING SERVICES FOR JASPER TRUNK SEWER EXPANSION PHASE 3 CITY OF SPRINGFIELD Project Background and Understanding The City of Springfield would like to extend the Jasper Trunk Sewer approximately 5,400 feet southeasterly from its current upstream termination point to a point near the intersection of Bob Straub Parkway and Jasper Road. In 2011, Murraysmith prepared preliminary plans for the entire, approximately five-mile, Jasper Trunk Sewer Extension (Phases 1 through 4) and completed the final design of Phases 1 and 2, which were constructed in 2012 and 2013, respectively. Phase 3 of the project will include limited survey, wetlands delineations, environmental permitting, local agency permitting, BPA permitting, easement acquisition, final design (plans, specifications, and estimate), and bid phase services. Construction phase engineering services are not included in this Scope of Work and will be added by future amendment, if desired by the City. Construction of Phase 3 is anticipated to begin in the summer of 2021. The scope of services below is based on the following key assumptions: ▪ Plans will be developed to conform to the City’s Engineering Design Standards and Procedures Manual. ▪ The City of Springfield has adopted the ODOT/APWA Oregon Standard Construction Specifications and those will be used for the project. The Standard Construction Specifications will be amended as necessary through project specific Special Provisions. ▪ Public Involvement services are not included in this Scope of Work. ▪ Rights of entry to private properties for engineering services will be obtained by the City. ▪ The final trunk sewer alignment will closely resemble the alignment shown in the preliminary 60 percent plans prepared in 2011. ▪ No Union Pacific Railroad permits will be required. ▪ Geotechnical investigations and reporting for the project were conducted in 2009 and 2010. No additional geotechnical investigations will be conducted under this Scope of Work. ▪ The City will advertise the project for construction, manage the procurement process, and issue award of contract. ▪ Construction phase engineering services are not included in this Scope of Work. If the City desires Murraysmith to assist with construction phase engineering services, they will be added by future amendment when the scope of such services is further defined. ATTACHMENT 1 C2541Murraysmith, Inc.Page 12 of 27 AIS ATTACHMENT 1, Page 12 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 2 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx Scope of Services Task 1 – Project Management & Coordination Consultant and sub-consultant staff will coordinate within the project team, and with City staff throughout the duration of the project and prepare and submit monthly invoices and progress reports in a format approved by the City. Coordination will occur via telephone, written communication, and email. Consultant will also prepare for and attend a project kick-off meeting with City staff. Overall quality assurance for the project will be performed under this task. Quality control for various project aspects will be performed under their respective tasks. Assumptions: ▪ Project duration for the design and bid phases of the project is assumed to be seventeen months, with construction beginning in June 2021. ▪ Project management and coordination for construction phase engineering services is not included. Deliverables: ▪ Monthly invoices with progress reports. ▪ Kick-off meeting agenda and meeting summary. ▪ Initial project schedule at the kick-off meeting. Updated project schedules, as needed. Task 2 – Surveying Topographic survey and base map development for the project was performed in 2009. Additional surveying services for this phase of the project will be required to supplement the 2009 survey, described as follows: ▪ Control Survey – Recover existing survey control and establish new control as necessary. Filed locate enough existing property and right-of-way monumentation within the project limits to confirm or reestablish the boundary and right-of-way lines in the original base map and to prepare legal descriptions for easement acquisition. ▪ Wetland Boundary Ties – Survey the delineated wetland boundaries along the trunk sewer alignment. ▪ Supplemental Topographic Survey – Provide topographic survey for an approximately 300-foot long by 50-foot wide strip at the upstream end of the trunk sewer alignment to confirm existing topography, existing utilities, and existing above ground features within and near Bob Straub Parkway. ▪ Legal Descriptions and Exhibits – Prepare legal descriptions and exhibits for permanent and temporary easements along the trunk sewer alignment. ATTACHMENT 1 C2541Murraysmith, Inc.Page 13 of 27 AIS ATTACHMENT 1, Page 13 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 3 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx Assumptions: ▪ Easements will be required from up to six properties. Deliverables: ▪ AutoCAD basemap for use in design and permitting (1-foot contour intervals). ▪ Legal descriptions and exhibits for permanent and temporary easements for up to six properties. Task 3 – Environmental and Cultural Permitting Murraysmith project team partner Mason, Bruce & Girard, Inc. (MB&G) will lead the environmental and cultural permitting elements of the project. The project corridor is immediately east of the Middle Fork of the Willamette River (MFWR). The MFWR supports Endangered Species Act (ESA)-listed fish species and is designated critical habitat for ESA-listed bull trout and Chinook salmon. Previous site investigations documented wetlands and cultural resources within and immediately adjacent to the project area. As such, this Scope of Work assumes the project will require a Clean Water Act (CWA) Section 404 permit, a CWA Section 401 permit, a State Removal-Fill permit, and other clearances associated with the federal permitting nexus, such as compliance with Section 106 of the National Hist oric Preservation Act (NHPA) and the ESA. Per Lane County mapping resources, the project area does not intersect flood zones or riparian areas. As such, this Scope of Work assumes that Lane County Land Use review and permitting will not be required. MB&G will conduct a site assessment and prepare environmental documentation that satisfies the requirements of state and federal environmental regulatory agencies. The site assessment will consist of a wetland/waters of the US/State delineation, which includes the delineation of wetlands, stream channels, and jurisdictional ditches. The site assessment will also entail an assessment of general habitat characteristics and the presence of ESA-listed plant and/or animal species or associated habitats. The anticipated impacts to wetlands will necessitate the preparation of a Joint Permit Application (JPA) and associated wetland mitigation planning. Historical Research Associates, Inc. (HRA) (a subconsultant to MB&G) will conduct the requisite background research, survey excavation permitting, cultural/archaeological field surveys, and reporting for resources that may be in the project area. Environmental and cultural permitting tasks are described as follows: Environmental and Cultural Permitting Project Management - To implement the work under this task, MB&G will coordinate with the Murraysmith Project Manager and HRA regarding project schedule and deliverables. This task includes one environmental kickoff meeting to be held at the proposed project site. This task also includes subcontractor management, staffing, budget tracking and invoicing, quality assurance/quality control for project deliverables, and contract oversight. ATTACHMENT 1 C2541Murraysmith, Inc.Page 14 of 27 AIS ATTACHMENT 1, Page 14 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 4 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx Obtain and Review Existing Environmental Data – The Murraysmith team will coordinate to obtain, transfer, and review basic background data on the project such as: purpose and need, existing survey information, geotechnical information, extent of the project area, alternatives considered, AutoCAD files, and anticipated construction schedule. MB&G shall review preliminary project scope information to confirm the project area and assist in the determination of potential wetland/waters impacts from the project. MB&G shall obtain and review baseline environmental information for the project area, including the National Wetland Inventory (NWI) records, Local Wetland Inventory (LWI) maps, Lane County Soil Survey, previous wetland/waters delineations, and other relevant investigations/reports that have been performed within the project area or its vicinit y. MB&G will also review LiDAR (if available), USGS mapping records, Lane County Land Use mapping records, and the National Hydrography Dataset (NHD) to identify potential resources. The project area does not overlap with designated critical habitat for ESA-listed plants or animals; however, listed species could be present. To assess the potential for sensitive species, MB&G will obtain and review ORBIC and IPaC records. The City proposes a permanent gravel access road along portions of the sewer alignment, and gravel roads are considered impervious surfaces by the Oregon Department of Environmental Quality (DEQ), National Marine Fisheries Service (NMFS), and the US Fish and Wildlife Service (USFWS). The project team anticipates that the Standard Local Operating Procedures for Endangered Species V (SLOPES V) programmatic ESA consultation can be used to evaluate potential stormwater runoff impacts to ESA-listed chinook salmon in the MFWR. The team also anticipates being able to us a USFWS programmatic Biological Opinion (BO) for bull trout to address potential effects due to stormwater. This task includes outreach to both agencies to confirm permitting requirements. Site Reconnaissance and Wetland/Waters Delineation – MB&G shall conduct a field reconnaissance of the project area to delineate jurisdictional wetlands and waters and to assess general habitat conditions for ESA-listed terrestrial species. The delineation shall be conducted in accordance with the criteria and methods described in the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (Manual) (Environmental Laboratory Technical Report Y- 87-1) and Western Mountains, Valleys, and Coasts Regional Supplement. MB&G shall assess the ordinary high-water mark (OHWM) of any jurisdictional waters and/or ditches using field indicators listed in OAR 141-085-0010 (150) (a-f). MB&G shall place flags in the field that identify the boundaries of regulated wetland and water resources and the locations of wetland sample plots. Upon completion of the wetland delineation fieldwork, MB&G shall provide Murraysmith with a sketch map showing the approximate locations of wetland and waters flags placed in the field. The wetland and waters flags will be surveyed under Task 2. Wetland and Waters of the U.S. and State Delineation Report – MB&G shall prepare a Wetland/Waters of the U.S. and State Delineation Report (Delineation Report) that documents ATTACHMENT 1 C2541Murraysmith, Inc.Page 15 of 27 AIS ATTACHMENT 1, Page 15 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 5 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx the presence and locations of jurisdictional wetlands, including waters, in accordance with the Oregon Department of State Land’s (DSL) reporting standards. The report shall include all wetland data sheets recorded in the field and a full description of the soils, vegetation, and hydrology within the delineated areas and adjacent uplands. The report shall include appropriate graphics such as a survey map of the wetland and waters boundaries, site location map, NWI or LWI map, soil survey map, and representative photographs. A draft Delineation Report will be provided for review. MB&G shall revise the draft Wetland/Waters Delineation Report per review comments and prepare a final Wetland/Waters Delineation Report for submittal to the DSL for concurrence review. Joint Permit Application and Mitigation Planning – The proposed project will impact jurisdictional wetlands, and the project may impact jurisdictional waters features. Removal and fill actions within jurisdictional features require permits from the USACE and the DSL. The federal permitting nexus and the proposed gravel access road also trigger DEQ review for compliance with Section 401 of the CWA. MB&G will prepare a JPA to permit such impacts to jurisdictional wetlands and waters. The preparation of the JPA for this project shall involve three principal subtasks: 1) pre- application coordination with agencies and project engineers, 2) preparation and submittal of the JPA, and 3) post-submittal coordination with reviewing agencies to respond to questions during their review of the JPA. During the pre-application phase, MB&G shall coordinate with representatives of the USACE, DSL, and DEQ to confirm permitting requirements and permit application procedures. The JPA will require a discussion of alternatives for the project in order to demonstrate that the proposed alignment is the best practicable alternative that minimizes impacts to wetlands and waters. Using the information obtained during the pre-application coordination and from the site reconnaissance, MB&G shall prepare a single JPA on behalf of the City to be submitted to the USACE and DSL. The JPA shall be used to obtain a CWA Section 404 permit from the USACE and a Removal/Fill Permit from the DSL. Portions of the JPA will also be used to obtain Section 401 clearance from the DEQ. Wetland mitigation will be achieved through a mitigation bank. Endangered Species Act Compliance Documentation – The City of Springfield proposes construction of a gravel access road along portions of the trunk sewer alignment, and the project is proximal to the MFWR, its floodplain, and at least one small tributary that discharges directly to the river. The MFWR supports ESA-listed fish species and is designated critical habitat for bull trout and chinook salmon. The DEQ and federal fisheries agencies consider gravels road as impervious surfaces, which triggers the need for stormwater management. As such, the project will likely require a consultation with NMFS and USFWS. Consultation with NMFS can likely be performed via the SLOPES V Programmatic BO, which covers potential effects to chinook salmon. Consultation with the USFWS can likely be performed via the SLOPES programmatic for bull trout, which covers some utility projects. The project team will coordinate with the City to develop design and construction approaches that minimize ATTACHMENT 1 C2541Murraysmith, Inc.Page 16 of 27 AIS ATTACHMENT 1, Page 16 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 6 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx potential impacts to listed fish. MB&G shall prepare SLOPES compliance documentation materials that describe potential impacts to ESA-listed chinook and bull trout and outline appropriate conservation measures and best management practices to ensure ESA compliance for the project. Cultural and Historical Compliance Documentation – Given the need for a CWA Section 404 permit from the USACE, a cultural resources survey will be required to comply with Section 106 of the NHPA. HRA will perform the background research, permitting, field survey, and reporting to meet these requirements of the NHPA and to gain concurrence of the Oregon State Historic Preservation Office (SHPO). HRA will conduct background research in the Oregon State Historic Preservation Office (SHPO) site and survey databases, and within the HRA library. HRA staff will also review previous geotechnical reports, General Land Office (GLO) maps, soils and wetland data, and any other resources deemed appropriate during the course of the investigations. HRA will apply for an Oregon State Archaeological Excavation Permit to complete subsurface archaeological investigations in and around archaeological site 35LA1235. There are no state requirements for to obtain a permit to excavate on private lands, but state law does require a permit to excavate within the boundaries of a recorded archaeological site. The permit will allow for HRA to conduct shovel testing within the site and identify (and collect) more than 10 artifacts if they are encountered. The permit will require a letter from the landowner granting permission to conduct the survey and a letter from the project proponent (City of Springfield) agreeing to pay for the costs associated with the Scope of Work detailed in the permit. The permitting process can take between 35 and 40 days. HRA requires up to 5 days to draft and submit the permit. Once submitted, the SHPO typically processes it within 2-3 days, and then sets a 30- calendar-day clock for submission of stipulations by the reviewing parties. HRA will conduct a survey to identify cultural resources. The survey will include pedestrian walkover and subsurface shovel probes, if deemed appropriate. The pedestrian archaeological survey will involve archaeologists walking along transects spaced no more than 20 meters apart systematically examining the ground surface for archaeological materials. All pedestrian archaeological survey will conform to the current guidelines of the Oregon SHPO. Shovel probes will be excavated in any areas with high potential for buried deposits and/or low ground surface visibility. Probes will measure 30 centimeters (cm) in diameter and will extend to a minimum of 50 cm below surface. Should soil profiles encountered in shovel probes warrant deeper investigation, a 4-inch bucket auger may also be used to excavate below the typical depth of shovel probes. The bucket auger would be placed in the bottom of a shovel probe at approximately 70-80 cm below the surface and be excavated up to 2 meters below the surface. All soils will be screened through 1/8-inch hardware mesh. HRA will evaluate the results of background research and fieldwork and draft a report to SHPO standards to aid in satisfying the cultural resources evaluation requirements of Section 106. The report will include documentation of background research, methods and results of the field ATTACHMENT 1 C2541Murraysmith, Inc.Page 17 of 27 AIS ATTACHMENT 1, Page 17 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 7 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx investigations, and conclusions and recommendations for further work, if any. The report will include all necessary graphics and resources forms for up to one resource. HRA will submit the draft report to the City of Springfield and MB&G for review. Upon receipt of any comments on the draft report, HRA will finalize all documentation into a final report. All final documentation will be submitted to the Oregon SHPO using the Go Digital Process. All artifacts identified in subsurface shovel probes within the 35LA1235 site area will need to be collected, washed, sorted, catalogued, and analyzed and curated. Artifacts will be processed and analyzed following federal and state standards. The landowner has the right to keep the artifacts if they choose or donate them to the Oregon State Museum of Natural and Cultural History or another approved curation facility. If the landowner elects to keep the artifacts, all photographs, paperwork, and technical reports are still curated with the museum. Assumptions: ▪ MB&G will remit the records request fee to ORBIC; the fee payment will appear as a direct project expense on project invoicing. ▪ Wetlands are assumed to be present within the project area, as indicated by previous delineations, NWI, and Lane County Land Use mapping records. ▪ Two MB&G biologists will perform the site reconnaissance in two, 8-hour days. ▪ The project site is assumed to be approximately 5,200 feet long by 60 feet wide. ▪ Hydrologic and/or groundwater monitoring will not be required for determining wetland or waters boundaries. ▪ Access to private property in the project area shall be arranged for and provided by the City of Springfield. ▪ The project will not necessitate permanent impacts to jurisdictional streams. Therefore, this task will not require the Stream Functional Assessment Methodology (SFAM). ▪ Although this task includes an assessment of ESA-listed species’ habitat, this Scope of Work assumes that listed terrestrial species are not present. If listed species are present within the project area, an amendment would be needed to prepare a Biological Assessment. ▪ MB&G shall provide payment for the DSL delineation report submittal fee, and the submittal fee will be included on project invoicing. ▪ This task does not include a site visit with DSL or USACE staff to review the delineation results. ▪ The project will incur permanent wetland impacts and will therefore require the applicable permits and wetland mitigation that satisfies the USACE and the DSL mitigation requirements. ▪ Wetland mitigation will be achieved via the purchase of wetland mitigation bank credits from the Coyote Prairie North Wetland Mitigation Bank. As of the date of this SOW, the Coyote Prairie North Mitigation Bank did not have any mitigation credits available for purchase. However, it is anticipated that the bank will have credits available at the time of permitting and construction. The City will remit wetland mitigation costs directly to the bank. ATTACHMENT 1 C2541Murraysmith, Inc.Page 18 of 27 AIS ATTACHMENT 1, Page 18 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 8 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx ▪ MB&G will pay the DSL’s JPA review fee, and the JPA review fee will be included on project invoicing. ▪ The DEQ will invoice the City directly for the Section 401 review, and the City will remit payment directly to the DEQ. ▪ Wetland impacts will be less than 0.2 acre and will therefore not require a Principal Objective Analysis or ORWAP functional assessment. A best professional judgement functional assessment for wetlands and waters impacts is included in preparation of the JPA under this task. ▪ The project will have no effect on listed plant and wildlife species. If the project may affect listed plant or wildlife species, the project may require a Biological Assessment and consultation with the USFWS, which would require an amendment to this Scope of Work. ▪ The City shall sign the JPA authorizing MB&G to function as the City’s agent in obtaining the permits. ▪ The City will acquire signatures from all appropriate parties as required for completion of the JPA, including applicants, landowners (if required), and Lane County planning officials. ▪ All coordination with agencies under this task will be accomplished through telephone, mail, and electronic correspondence. ▪ Approximately 1/3 of the total project area will be subjected to shovel probes for archaeological investigations, no more than 24 shovel probes will be excavated. ▪ It is assumed that one archaeological resource will be recorded. Recordation of additional resources could result in the need for an amendment to this Scope of Work. Deliverables: ▪ Sketch map of wetland and waters flag locations. ▪ Sketch map of the locations of any listed species/habitats identified during the site reconnaissance. ▪ Draft and Final Wetland Delineation Report (electronic Word and PDF copy). ▪ Draft and Final JPA (electronic MS Word and PDF). ▪ Draft and Final SLOPES compliance materials (MS Word and PDF). ▪ Draft and Final Archaeological Report (MS Word and PDF). ▪ SHPO Report Cover and SHPO Submittal Form (PDF). ATTACHMENT 1 C2541Murraysmith, Inc.Page 19 of 27 AIS ATTACHMENT 1, Page 19 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 9 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx Task 4 – Bonneville Power Administration Permitting Bonneville Power Administration (BPA) has a power transmission line right-of-way that runs through the project area. To construct the trunk sewer, the pipeline must cross the BPA right-of- way. Based on preliminary discussions with BPA staff, it is understood that a Land Use Agreement will be required. Consultant will prepare and submit the required application and coordinate with BPA regarding the design and anticipated construction requirements. The Land Use Agreement will be obtained prior to project advertisement for construction. Assumptions: ▪ The City will be named as the applicant on the permit application. ▪ The City will pay BPA permit fees directly. Deliverables: ▪ Draft permit application (PDF). Task 5 – Lane County Permitting The proposed trunk sewer alignment includes crossing Bob Straub Parkway near Jasper Road. Constructing a pipeline across Bob Straub Parkway will require a Lane County Public Works Facility Permit. Work associated with Lane County Permitting will include the following: 60% Plan Review – Meet with the County permitting staff to review the updated 60% plans and incorporate input as needed. Application Preparation and Submittal – Complete the required permit application and submit to the County for approval. Assumptions: ▪ The City will be named as the applicant on the permit application. ▪ The City will pay County permit fees directly. Deliverables: ▪ Draft permit application (PDF). Task 6 – Easement Acquisition Services Consultant shall provide labor, equipment, and materials to provide valuation and acquisition services for the City of Springfield. Easement acquisition activities shall confirm to the standards contained in the Uniform Act of 1970 and amendments, Oregon State Law and the City of ATTACHMENT 1 C2541Murraysmith, Inc.Page 20 of 27 AIS ATTACHMENT 1, Page 20 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 10 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx Springfield policies and procedures. It is assumed that easement acquisition will be required from up to six properties. Easement acquisition tasks are described as follows: Title Reports – Consultant shall order preliminary title reports. Preliminary title reports will be needed for development of the legal descriptions and will need to be ordered prior to the preparation of legal descriptions. Appraisals and Appraisal Reviews – Consultant shall use Oregon state-certified appraisers. Consultant shall provide one real estate appraisal for each ownership from which a property interest is to be acquired. Real estate appraisals shall conform to the standards contained in the USPAP (Uniform Standards of Professional Appraisal Practice, and Oregon State Laws. Consultant shall provide not fewer than fifteen (15) days written notice to owners of a planned appraisal inspection and shall provide the property owner or designated representative, if any, an invitation to accompany the appraiser on any inspection of the property for appraisal purposes. Consultant shall provide an appraisal review for each appraisal. The appraisal review will be conducted by another certified appraiser. Acquisition – Consultant shall conduct negotiations, on behalf of the City, for easement acquisition in accordance with the applicable State and Federal law, and the City’s policies and procedures. Consultants shall compile and/or prepare all essential documents to be submitted to owners and tenants as required. Consultant shall make all offers in person or by certified mail. Consultant shall provide property owners with: ▪ A complete copy of the valuation information used to determine compensation. ▪ A written notice as part of the offer that they have a minimum of 40 days to accept or reject the offer, as per state law. Property owners who are considering a donation must be informed in writing of their right to just compensation. The owner will sign the donation form indicating their waiver of their rights, if they elect to donate. Consultant shall prepare and maintain written diaries of negotiator contacts with property owners and tenants to document: ▪ Efforts to achieve amicable settlements. ▪ Owners' suggestions for changes in plans. ▪ Responses to owners' counterproposals. Consultant shall make every reasonable effort to acquire the easements expeditiously by negotiation. Property owners must be given reasonable opportunity to consider the offer and present material the owner believes is relevant to determining the value of the property. ATTACHMENT 1 C2541Murraysmith, Inc.Page 21 of 27 AIS ATTACHMENT 1, Page 21 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 11 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx Consultant shall conduct negotiations for acquisition of real property in accordance with applicable State and Federal law. Consultant will assist in clearing interests from title that are deemed necessary by the City Assumptions: ▪ No specialty reports will be required. ▪ No expert witness fees for trial preparation and testimony are included in this scope. ▪ No relocation activity is anticipated. ▪ City will pay closing costs. Deliverables: ▪ Preliminary Title Reports for properties impacted by the Project – Six properties are assumed. ▪ Six real estate appraisals ▪ Six real estate appraisal reviews ▪ Six completed negotiation files, with deeds for recording, for each acquisition. Task 7 – Utility Coordination Consultant shall coordinate with public and franchise utility owners to determine potential impacts associate with the proposed trunk sewer. Consultant will obtain mapping from utilities and adjust the proposed trunk sewer alignment to avoid conflicts. Assumptions: ▪ It is assumed that there will be no conflicts that require relocation of existing utilities. ▪ If relocation of existing utilities is required, coordination and review of relocation plans will be included by an amendment to this Scope of Work. Task 8 – Update 60% Design In 2011, Murraysmith prepared preliminary 60% plans for the entire five miles of the proposed Jasper trunk sewer. Under this task, consultant will update the preliminary plans and prepare draft specifications to reflect changes since 2011. Specific work elements under this task are noted below. ▪ MSA’s engineering will comply with the City of Springfield’s adopted Engineering Design Standards and Procedures Manual, as modified to suit the particular elements of this project. Plan and profile drawings will be developed at a horizontal scale of 1 inch = 20 feet and vertical scale of 1 inch = 5 feet. Drawings will be produced in the City’s desired version of AutoCAD. ▪ Update base map with new supplemental survey. ATTACHMENT 1 C2541Murraysmith, Inc.Page 22 of 27 AIS ATTACHMENT 1, Page 22 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 12 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx ▪ Update base map with new wetlands delineation data. ▪ Develop jack and bore design details for crossing Bob Straub Parkway and existing creeks or wetlands, where appropriate. ▪ Confirm/identify required tree removal locations to accommodate installation and maintenance of the trunk sewer. ▪ Develop stormwater quality/quantity design details to mitigate the impact of the proposed gravel access road. ▪ Prepare 60% construction plans and details (full size sheets printed at half-size) as needed to clearly describe the work to be constructed for this phase of the project (Phase 3). See the anticipated list of plan sheets at the end of this Scope of Work for a list of construction plans. ▪ Prepare 60% specifications based on the City’s Standard Construction Specifications (ODOT/APWA Oregon Standard Specifications for Construction). ▪ Prepare 60% construction cost estimate. ▪ Conduct internal quality control of the 60% deliverables. ▪ Coordinate and conduct 60% design review meeting with the City. ▪ Prepare and maintain a comment response log to track design review comments and proposed actions. Assumptions: ▪ The City will provide bid/contract document templates to the Consultant. ▪ The trunk sewer alignment will closely resemble the alignment shown in the 2011 preliminary 60% plans. Deliverables: ▪ Electronic versions of the 60% plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF). ▪ Meeting agenda and summary (PDF). ▪ 60% comment response log with proposed actions. Task 9 – 90% Design The 90% design submittal will be advanced from the 60% submittal. Tasks in addition to those listed above are noted below. ▪ Incorporate 60% design review comments. ▪ Update plans, specifications, and construction cost estimate. ▪ Conduct internal quality control of the 90% deliverables. ▪ Coordinate and conduct 90% design review meeting with the City. ▪ Update comment response log and proposed actions. ATTACHMENT 1 C2541Murraysmith, Inc.Page 23 of 27 AIS ATTACHMENT 1, Page 23 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 13 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx Deliverables: ▪ Electronic versions of the 90% plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF). ▪ Meeting agenda and summary (PDF). ▪ 90% comment response log with proposed actions. Task 10 – Final Design The final design submittal will be advanced from the 90% submittal. Tasks in addition to those listed above are noted below. ▪ Incorporate 90% design review comments. ▪ Update plans, specifications, and construction cost estimate and prepare draft final deliverables for City review. ▪ Conduct internal quality control of the final deliverables. ▪ Coordinate and conduct a draft final design review meeting with the City. ▪ Prepare final stamped plans (PDF) and Contract Documents (PDF) for the City’s use in advertising the project for construction. Assumptions: ▪ The City will advertise the project electronically through the City’s website. ▪ Preparation of hard copies of the contract documents (“Bid Book”) is not included in this Scope of Work. Deliverables: ▪ Electronic versions of the draft final plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF). ▪ Meeting agenda and summary (PDF). ▪ 100% comment response log with proposed actions. ▪ Electronic versions of the final stamped plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF). Task 11 – Bid Phase Services The Consultant will provide bid support as requested. Bid phase services may include: ▪ Prepare for and attend a pre-bid meeting. ▪ Assist the City in responding to bidder questions (up to 10 questions). ▪ Prepare one addendum. ATTACHMENT 1 C2541Murraysmith, Inc.Page 24 of 27 AIS ATTACHMENT 1, Page 24 of 27 DRAFTCity of Springfield MURRAYSMITH Jasper Trunk Sewer PH 3 December 2019 14 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Trunk PH 3 - Scope of Work - DRAFT - v2.docx Assumptions: ▪ City will lead the bid phase of the project with assistance from the consultant, as needed. ▪ City will coordinate and lead the pre-bid meeting, including preparing the agenda and meeting summary. Deliverables: ▪ Addendum (PDF). ▪ A summary of responses to bidder questions (via e-mail). Task 12 – Construction Phase Services - Deferred Construction phase engineering services are not included in this Scope of Work. If the City desires Murraysmith to assist with construction phase engineering services, they will be added by future amendment when the scope of such services is further defined. Preliminary Sheet List The following is the anticipated list of plan sheets. Running Total Sheets Sheet Number Description 1 1 G-1 Cover Sheet, Vicinity Map, and Location Map 2 1 G-2 Index of Drawings, Survey Control, and Drawing Key Map 3 1 G-3 Symbols, Legend, and Abbreviations 4 1 G-4 General Notes 5 1 G-5 Erosion Control Notes and Details 19 14 C1 to C14 Trunk Sewer Plan and Profile 25 6 D1 to D6 Storm, Sanitary, Roadway, and Miscellaneous Details Budget Payment will be made at the billing rates for personnel working directly on the project, which will be made at the Consultant’s Hourly Rates, plus Direct Expenses incurred as defined by the Master Services Agreement with the City for the project. Consultant proposes to perform this work on a time and expenses basis with a total not to exceed amount of $346,857 in accordance with the attached Fee Estimate. Project Schedule We anticipate design, permitting, and bid phase services to begin in early 2020 and continue through spring of 2021, with construction to begin in summer of 2021. A detailed schedule will be prepared and submitted for review prior to the project kick-off meeting. ATTACHMENT 1 C2541Murraysmith, Inc.Page 25 of 27 AIS ATTACHMENT 1, Page 25 of 27 DRAFTJASPER TRUNK SEWER EXPANSION - PHASE 3 CITY OF SPRINGFIELD, OR PROPOSED FEE ESTIMATE LABOR CLASSIFICATION (HOURS)Estimated Fees Principal Engineer IV Principal Engineer II Professional Engineer III Engineering Designer I Technician IV Hours Labor Subconsultant Multiplier Subconsultant Total with Markup Expenses CADD Units $18/hr Total $250 $230 $157 $132 $155 McTeague Evonuk Swartzendruber Bennett Estep MB&G PBS UFS Task 1 - Project Management and Coordination Overall Project Management and Coordination 80 80 18,400$ 1.1 -$ -$ -$ 18,400$ Monthly Invoicing and Budget Tracking 16 8 24 4,936$ 1.1 -$ -$ -$ 4,936$ Project Kick-off Meeting 8 16 24 4,352$ 1.1 -$ 150$ -$ 4,502$ Project Schedule and Schedule Updates 4 16 20 3,432$ 1.1 -$ -$ -$ 3,432$ Overall Project Quality Assurance 16 16 4,000$ 1.1 -$ -$ -$ 4,000$ Task 1 Subtotal 16 108 40 0 0 164 35,120$ -$ -$ -$ -$ 150$ -$ 35,270$ Task 2 - Surveying Control Survey 2 2 314$ 3,000$ 1.1 3,300$ -$ -$ 3,614$ Wetland Boundary Ties 2 4 6 1,088$ 5,400$ 1.1 5,940$ -$ -$ 7,028$ Supplemental Topographic Survey 2 2 314$ 4,000$ 1.1 4,400$ -$ -$ 4,714$ Legal Descriptions and Exhibits 2 4 6 1,088$ 4,500$ 1.1 4,950$ -$ -$ 6,038$ Task 2 Subtotal 0 4 12 0 0 16 2,804$ -$ 16,900$ -$ 18,590$ -$ -$ 21,394$ Task 3 - Environmental and Cultural Permitting Environmental and Cultural Permitting Project Management 0 -$ 5,728$ 1.1 6,301$ -$ -$ 6,301$ Obtain and Review Existing Environmental Data 4 4 920$ 2,256$ 1.1 2,482$ -$ -$ 3,402$ Site Reconnaissance and Wetland/Waters Delineation 8 12 20 3,724$ 7,132$ 1.1 7,845$ 150$ -$ 11,719$ Wetland and Waters of the U.S. and State Delineation Report 4 4 8 16 2,788$ 5,422$ 1.1 5,964$ -$ 144$ 8,896$ Joint Permit Application and Mitigation Planning 12 24 8 44 7,768$ 8,203$ 1.1 9,023$ -$ 144$ 16,935$ Endangered Species Act Compliance Documentation 8 8 16 3,096$ 5,364$ 1.1 5,900$ -$ -$ 8,996$ Cultural and Historical Compliance Documentation 4 4 8 1,548$ 20,932$ 1.1 23,025$ -$ -$ 24,573$ Task 3 Subtotal 0 40 52 0 16 108 19,844$ 55,037$ -$ -$ 60,541$ 150$ 288$ 80,823$ Task 4 - Bonneville Power Administration Permitting Bonneville Power Administration Permitting 8 16 4 28 4,972$ 1.1 -$ -$ 72$ 5,044$ Task 4 Subtotal 0 8 16 0 4 28 4,972$ -$ -$ -$ -$ -$ 72$ 5,044$ Task 5 - Lane County Permitting 60% Plan Review with County 8 8 16 3,096$ 1.1 -$ 150$ -$ 3,246$ Application Preparation and Submittal 2 8 10 1,716$ 1.1 -$ -$ -$ 1,716$ Task 5 Subtotal 0 10 16 0 0 26 4,812$ -$ -$ -$ -$ 150$ -$ 4,962$ Task 6 - Easement Acquisition Services Title Reports 2 2 314$ 2,100$ 1.1 2,310$ -$ -$ 2,624$ Appraisals and Appraisal Reviews 8 8 16 3,096$ 35,052$ 1.1 38,557$ -$ -$ 41,653$ Acquisition 24 12 36 7,404$ 21,334$ 1.1 23,467$ -$ -$ 30,871$ Task 6 Subtotal 0 32 22 0 0 54 10,814$ -$ -$ 58,486$ 64,335$ -$ -$ 75,149$ Task 7 - Utility Coordination Utility Coordination 2 4 8 14 2,144$ 1.1 -$ -$ -$ 2,144$ Task 7 Subtotal 0 2 4 8 0 14 2,144$ -$ -$ -$ -$ -$ -$ 2,144$ Task 8 - Update 60% Design Update 60% Plans 4 40 40 40 124 18,680$ 1.1 -$ 150$ 720$ 19,550$ Prepare 60% Specifications 8 24 24 56 8,776$ 1.1 -$ -$ -$ 8,776$ Prepare 60% Construction Cost Estimate 1 4 16 21 2,970$ 1.1 -$ -$ -$ 2,970$ Quality Control for 60% Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$ Coordinate and Conduct 60% Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$ Prepare and Maintain Comment Response Log 2 8 8 18 2,772$ 1.1 -$ -$ -$ 2,772$ Task 8 Subtotal 0 31 88 88 40 247 38,762$ -$ -$ -$ -$ 300$ 720$ 39,782$ Subconsultants City of Springfield December 2019 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Phase 3 Fee Estimate Murraysmith Jasper Trunk Sewer Ph 3 Page 1 ATTACHMENT 1 C2541Murraysmith, Inc.Page 26 of 27 AIS ATTACHMENT 1, Page 26 of 27 DRAFTJASPER TRUNK SEWER EXPANSION - PHASE 3 CITY OF SPRINGFIELD, OR PROPOSED FEE ESTIMATE LABOR CLASSIFICATION (HOURS)Estimated Fees Principal Engineer IV Principal Engineer II Professional Engineer III Engineering Designer I Technician IV Hours Labor Subconsultant Multiplier Subconsultant Total with Markup Expenses CADD Units $18/hr Total $250 $230 $157 $132 $155 McTeague Evonuk Swartzendruber Bennett Estep MB&G PBS UFS Subconsultants Task 9 - 90% Design Prepare 90% Plans 8 40 60 60 168 25,340$ 1.1 -$ -$ 1,080$ 26,420$ Prepare 90% Specifications 4 24 24 52 7,856$ 1.1 -$ -$ -$ 7,856$ Prepare 90% Construction Cost Estimate 1 4 8 13 1,914$ 1.1 -$ -$ -$ 1,914$ Quality Control for 90% Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$ Coordinate and Conduct 90% Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$ Update Comment Response Log 2 8 8 18 2,772$ 1.1 -$ -$ -$ 2,772$ Task 9 Subtotal 0 31 88 100 60 279 43,446$ -$ -$ -$ -$ 150$ 1,080$ 44,676$ Task 10 - Final Design Prepare Draft Final Plans 4 16 16 24 60 9,264$ 1.1 -$ -$ 432$ 9,696$ Prepare Draft Final Specifications 4 16 8 28 4,488$ 1.1 -$ -$ -$ 4,488$ Prepare Draft Final Construction Cost Estimate 1 2 4 7 1,072$ 1.1 -$ -$ -$ 1,072$ Quality Control for Final Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$ Coordinate and Conduct Draft Final Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$ Update Comment Response Log 2 4 4 10 1,616$ 1.1 -$ -$ -$ 1,616$ Prepare Final Stamped Plans, Specificaitons, and Estimate 2 12 12 8 34 5,168$ 1.1 -$ -$ 144$ 5,312$ Task 10 Subtotal 0 29 62 44 32 167 27,172$ -$ -$ -$ -$ 150$ 576$ 27,898$ Task 11 - Bid Phase Services Attend Pre-Bid Meeting 8 16 24 4,352$ 1.1 -$ 150$ -$ 4,502$ Respond to Bidder Questions 2 4 6 1,088$ 1.1 -$ -$ -$ 1,088$ Prepare Addendum (One Assumend)1 16 8 25 3,982$ 1.1 -$ -$ 144$ 4,126$ Task 11 Subtotal 0 11 36 0 8 55 9,422$ -$ -$ -$ -$ 150$ 144$ 9,716$ Task 12 - Construction Phase Services - DEFERRED Task 12 Subtotal 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ TOTAL - ALL TASKS 16 306 436 240 160 1158 199,312$ 55,037$ 16,900$ 58,486$ 143,465$ 1,200$ 2,880$ 346,857$ City of Springfield December 2019 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Phase 3 Fee Estimate Murraysmith Jasper Trunk Sewer Ph 3 Page 2 ATTACHMENT 1 C2541Murraysmith, Inc.Page 27 of 27 AIS ATTACHMENT 1, Page 27 of 27 Attachment 2, Page 1 of 18 Attachment 2, Page 2 of 18 SCOPE OF WORK ENGINEERING SERVICES FOR JASPER TRUNK SEWER EXPANSION PHASE 3 CITY OF SPRINGFIELD Project Background and Understanding The City of Springfield would like to extend the Jasper Trunk Sewer approximately 5,400 feet southeasterly from its current upstream termination point to a point near the intersection of Bob Straub Parkway and Jasper Road. In 2011, Murraysmith prepared preliminary plans for the entire, approximately five-mile, Jasper Trunk Sewer Extension (Phases 1 through 4) and completed the final design of Phases 1 and 2, which were constructed in 2012 and 2013, respectively. Phase 3 of the project will include limited survey, wetlands delineations, environmental permitting, local agency permitting, BPA permitting, easement acquisition, final design (plans, specifications, and estimate), and bid phase services. Construction phase engineering services are not included in this Scope of Work and will be added by future amendment, if desired by the City. Construction of Phase 3 is anticipated to begin in the summer of 2021. The scope of services below is based on the following key assumptions: ▪ Plans will be developed to conform to the City’s Engineering Design Standards and Procedures Manual. ▪ The City of Springfield has adopted the ODOT/APWA Oregon Standard Construction Specifications and those will be used for the project. The Standard Construction Specifications will be amended as necessary through project specific Special Provisions. ▪ Public Involvement services are not included in this Scope of Work. ▪ Rights of entry to private properties for engineering services will be obtained by the City. ▪ The final trunk sewer alignment will closely resemble the alignment shown in the preliminary 60 percent plans prepared in 2011. ▪ No Union Pacific Railroad permits will be required. ▪ Geotechnical investigations and reporting for the project were conducted in 2009 and 2010. No additional geotechnical investigations will be conducted under this Scope of Work. ▪ The City will advertise the project for construction, manage the procurement process, and issue award of contract. ▪ Construction phase engineering services are not included in this Scope of Work. If the City desires Murraysmith to assist with construction phase engineering services, they will be added by future amendment when the scope of such services is further defined. Attachment 2, Page 3 of 18 Scope of Services Task 1 – Project Management & Coordination Consultant and sub-consultant staff will coordinate within the project team, and with City staff throughout the duration of the project and prepare and submit monthly invoices and progress reports in a format approved by the City. Coordination will occur via telephone, written communication, and email. Consultant will also prepare for and attend a project kick-off meeting with City staff. Overall quality assurance for the project will be performed under this task. Quality control for various project aspects will be performed under their respective tasks. Assumptions: ▪ Project duration for the design and bid phases of the project is assumed to be seventeen months, with construction beginning in June 2021. ▪ Project management and coordination for construction phase engineering services is not included. Deliverables: ▪ Monthly invoices with progress reports. ▪ Kick-off meeting agenda and meeting summary. ▪ Initial project schedule at the kick-off meeting. Updated project schedules, as needed. Task 2 – Surveying Topographic survey and base map development for the project was performed in 2009. Additional surveying services for this phase of the project will be required to supplement the 2009 survey, described as follows: ▪ Control Survey – Recover existing survey control and establish new control as necessary. Filed locate enough existing property and right-of-way monumentation within the project limits to confirm or reestablish the boundary and right-of-way lines in the original base map and to prepare legal descriptions for easement acquisition. ▪ Wetland Boundary Ties – Survey the delineated wetland boundaries along the trunk sewer alignment. ▪ Supplemental Topographic Survey – Provide topographic survey for an approximately 300-foot long by 50-foot wide strip at the upstream end of the trunk sewer alignment to confirm existing topography, existing utilities, and existing above ground features within and near Bob Straub Parkway. ▪ Legal Descriptions and Exhibits – Prepare legal descriptions and exhibits for permanent and temporary easements along the trunk sewer alignment. Attachment 2, Page 4 of 18 Assumptions: ▪ Easements will be required from up to six properties. Deliverables: ▪ AutoCAD basemap for use in design and permitting (1-foot contour intervals). ▪ Legal descriptions and exhibits for permanent and temporary easements for up to six properties. Task 3 – Environmental and Cultural Permitting Murraysmith project team partner Mason, Bruce & Girard, Inc. (MB&G) will lead the environmental and cultural permitting elements of the project. The project corridor is immediately east of the Middle Fork of the Willamette River (MFWR). The MFWR supports Endangered Species Act (ESA)-listed fish species and is designated critical habitat for ESA-listed bull trout and Chinook salmon. Previous site investigations documented wetlands and cultural resources within and immediately adjacent to the project area. As such, this Scope of Work assumes the project will require a Clean Water Act (CWA) Section 404 permit, a CWA Section 401 permit, a State Removal-Fill permit, and other clearances associated with the federal permitting nexus, such as compliance with Section 106 of the National Hist oric Preservation Act (NHPA) and the ESA. Per Lane County mapping resources, the project area does not intersect flood zones or riparian areas. As such, this Scope of Work assumes that Lane County Land Use review and permitting will not be required. MB&G will conduct a site assessment and prepare environmental documentation that satisfies the requirements of state and federal environmental regulatory agencies. The site assessment will consist of a wetland/waters of the US/State delineation, which includes the delineation of wetlands, stream channels, and jurisdictional ditches. The site assessment will also entail an assessment of general habitat characteristics and the presence of ESA-listed plant and/or animal species or associated habitats. The anticipated impacts to wetlands will necessitate the preparation of a Joint Permit Application (JPA) and associated wetland mitigation planning. Historical Research Associates, Inc. (HRA) (a subconsultant to MB&G) will conduct the requisite background research, survey excavation permitting, cultural/archaeological field surveys, and reporting for resources that may be in the project area. Environmental and cultural permitting tasks are described as follows: Environmental and Cultural Permitting Project Management - To implement the work under this task, MB&G will coordinate with the Murraysmith Project Manager and HRA regarding project schedule and deliverables. This task includes one environmental kickoff meeting to be held at the proposed project site. This task also includes subcontractor management, staffing, budget tracking and invoicing, quality assurance/quality control for project deliverables, and contract oversight. Attachment 2, Page 5 of 18 Obtain and Review Existing Environmental Data – The Murraysmith team will coordinate to obtain, transfer, and review basic background data on the project such as: purpose and need, existing survey information, geotechnical information, extent of the project area, alternatives considered, AutoCAD files, and anticipated construction schedule. MB&G shall review preliminary project scope information to confirm the project area and assist in the determination of potential wetland/waters impacts from the project. MB&G shall obtain and review baseline environmental information for the project area, including the National Wetland Inventory (NWI) records, Local Wetland Inventory (LWI) maps, Lane County Soil Survey, previous wetland/waters delineations, and other relevant investigations/reports that have been performed within the project area or its vicinit y. MB&G will also review LiDAR (if available), USGS mapping records, Lane County Land Use mapping records, and the National Hydrography Dataset (NHD) to identify potential resources. The project area does not overlap with designated critical habitat for ESA-listed plants or animals; however, listed species could be present. To assess the potential for sensitive species, MB&G will obtain and review ORBIC and IPaC records. The City proposes a permanent gravel access road along portions of the sewer alignment, and gravel roads are considered impervious surfaces by the Oregon Department of Environmental Quality (DEQ), National Marine Fisheries Service (NMFS), and the US Fish and Wildlife Service (USFWS). The project team anticipates that the Standard Local Operating Procedures for Endangered Species V (SLOPES V) programmatic ESA consultation can be used to evaluate potential stormwater runoff impacts to ESA-listed chinook salmon in the MFWR. The team also anticipates being able to us a USFWS programmatic Biological Opinion (BO) for bull trout to address potential effects due to stormwater. This task includes outreach to both agencies to confirm permitting requirements. Site Reconnaissance and Wetland/Waters Delineation – MB&G shall conduct a field reconnaissance of the project area to delineate jurisdictional wetlands and waters and to assess general habitat conditions for ESA-listed terrestrial species. The delineation shall be conducted in accordance with the criteria and methods described in the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (Manual) (Environmental Laboratory Technical Report Y- 87-1) and Western Mountains, Valleys, and Coasts Regional Supplement. MB&G shall assess the ordinary high-water mark (OHWM) of any jurisdictional waters and/or ditches using field indicators listed in OAR 141-085-0010 (150) (a-f). MB&G shall place flags in the field that identify the boundaries of regulated wetland and water resources and the locations of wetland sample plots. Upon completion of the wetland delineation fieldwork, MB&G shall provide Murraysmith with a sketch map showing the approximate locations of wetland and waters flags placed in the field. The wetland and waters flags will be surveyed under Task 2. Wetland and Waters of the U.S. and State Delineation Report – MB&G shall prepare a Wetland/Waters of the U.S. and State Delineation Report (Delineation Report) that documents Attachment 2, Page 6 of 18 the presence and locations of jurisdictional wetlands, including waters, in accordance with the Oregon Department of State Land’s (DSL) reporting standards. The report shall include all wetland data sheets recorded in the field and a full description of the soils, vegetation, and hydrology within the delineated areas and adjacent uplands. The report shall include appropriate graphics such as a survey map of the wetland and waters boundaries, site location map, NWI or LWI map, soil survey map, and representative photographs. A draft Delineation Report will be provided for review. MB&G shall revise the draft Wetland/Waters Delineation Report per review comments and prepare a final Wetland/Waters Delineation Report for submittal to the DSL for concurrence review. Joint Permit Application and Mitigation Planning – The proposed project will impact jurisdictional wetlands, and the project may impact jurisdictional waters features. Removal and fill actions within jurisdictional features require permits from the USACE and the DSL. The federal permitting nexus and the proposed gravel access road also trigger DEQ review for compliance with Section 401 of the CWA. MB&G will prepare a JPA to permit such impacts to jurisdictional wetlands and waters. The preparation of the JPA for this project shall involve three principal subtasks: 1) pre- application coordination with agencies and project engineers, 2) preparation and submittal of the JPA, and 3) post-submittal coordination with reviewing agencies to respond to questions during their review of the JPA. During the pre-application phase, MB&G shall coordinate with representatives of the USACE, DSL, and DEQ to confirm permitting requirements and permit application procedures. The JPA will require a discussion of alternatives for the project in order to demonstrate that the proposed alignment is the best practicable alternative that minimizes impacts to wetlands and waters. Using the information obtained during the pre-application coordination and from the site reconnaissance, MB&G shall prepare a single JPA on behalf of the City to be submitted to the USACE and DSL. The JPA shall be used to obtain a CWA Section 404 permit from the USACE and a Removal/Fill Permit from the DSL. Portions of the JPA will also be used to obtain Section 401 clearance from the DEQ. Wetland mitigation will be achieved through a mitigation bank. Endangered Species Act Compliance Documentation – The City of Springfield proposes construction of a gravel access road along portions of the trunk sewer alignment, and the project is proximal to the MFWR, its floodplain, and at least one small tributary that discharges directly to the river. The MFWR supports ESA-listed fish species and is designated critical habitat for bull trout and chinook salmon. The DEQ and federal fisheries agencies consider gravels road as impervious surfaces, which triggers the need for stormwater management. As such, the project will likely require a consultation with NMFS and USFWS. Consultation with NMFS can likely be performed via the SLOPES V Programmatic BO, which covers potential effects to chinook salmon. Consultation with the USFWS can likely be performed via the SLOPES programmatic for bull trout, which covers some utility projects. The project team will coordinate with the City to develop design and construction approaches that minimize Attachment 2, Page 7 of 18 potential impacts to listed fish. MB&G shall prepare SLOPES compliance documentation materials that describe potential impacts to ESA-listed chinook and bull trout and outline appropriate conservation measures and best management practices to ensure ESA compliance for the project. Cultural and Historical Compliance Documentation – Given the need for a CWA Section 404 permit from the USACE, a cultural resources survey will be required to comply with Section 106 of the NHPA. HRA will perform the background research, permitting, field survey, and reporting to meet these requirements of the NHPA and to gain concurrence of the Oregon State Historic Preservation Office (SHPO). HRA will conduct background research in the Oregon State Historic Preservation Office (SHPO) site and survey databases, and within the HRA library. HRA staff will also review previous geotechnical reports, General Land Office (GLO) maps, soils and wetland data, and any other resources deemed appropriate during the course of the investigations. HRA will apply for an Oregon State Archaeological Excavation Permit to complete subsurface archaeological investigations in and around archaeological site 35LA1235. There are no state requirements for to obtain a permit to excavate on private lands, but state law does require a permit to excavate within the boundaries of a recorded archaeological site. The permit will allow for HRA to conduct shovel testing within the site and identify (and collect) more than 10 artifacts if they are encountered. The permit will require a letter from the landowner granting permission to conduct the survey and a letter from the project proponent (City of Springfield) agreeing to pay for the costs associated with the Scope of Work detailed in the permit. The permitting process can take between 35 and 40 days. HRA requires up to 5 days to draft and submit the permit. Once submitted, the SHPO typically processes it within 2-3 days, and then sets a 30- calendar-day clock for submission of stipulations by the reviewing parties. HRA will conduct a survey to identify cultural resources. The survey will include pedestrian walkover and subsurface shovel probes, if deemed appropriate. The pedestrian archaeological survey will involve archaeologists walking along transects spaced no more than 20 meters apart systematically examining the ground surface for archaeological materials. All pedestrian archaeological survey will conform to the current guidelines of the Oregon SHPO. Shovel probes will be excavated in any areas with high potential for buried deposits and/or low ground surface visibility. Probes will measure 30 centimeters (cm) in diameter and will extend to a minimum of 50 cm below surface. Should soil profiles encountered in shovel probes warrant deeper investigation, a 4-inch bucket auger may also be used to excavate below the typical depth of shovel probes. The bucket auger would be placed in the bottom of a shovel probe at approximately 70-80 cm below the surface and be excavated up to 2 meters below the surface. All soils will be screened through 1/8-inch hardware mesh. HRA will evaluate the results of background research and fieldwork and draft a report to SHPO standards to aid in satisfying the cultural resources evaluation requirements of Section 106. The report will include documentation of background research, methods and results of the field Attachment 2, Page 8 of 18 investigations, and conclusions and recommendations for further work, if any. The report will include all necessary graphics and resources forms for up to one resource. HRA will submit the draft report to the City of Springfield and MB&G for review. Upon receipt of any comments on the draft report, HRA will finalize all documentation into a final report. All final documentation will be submitted to the Oregon SHPO using the Go Digital Process. All artifacts identified in subsurface shovel probes within the 35LA1235 site area will need to be collected, washed, sorted, catalogued, and analyzed and curated. Artifacts will be processed and analyzed following federal and state standards. The landowner has the right to keep the artifacts if they choose or donate them to the Oregon State Museum of Natural and Cultural History or another approved curation facility. If the landowner elects to keep the artifacts, all photographs, paperwork, and technical reports are still curated with the museum. Assumptions: ▪ MB&G will remit the records request fee to ORBIC; the fee payment will appear as a direct project expense on project invoicing. ▪ Wetlands are assumed to be present within the project area, as indicated by previous delineations, NWI, and Lane County Land Use mapping records. ▪ Two MB&G biologists will perform the site reconnaissance in two, 8-hour days. ▪ The project site is assumed to be approximately 5,200 feet long by 60 feet wide. ▪ Hydrologic and/or groundwater monitoring will not be required for determining wetland or waters boundaries. ▪ Access to private property in the project area shall be arranged for and provided by the City of Springfield. ▪ The project will not necessitate permanent impacts to jurisdictional streams. Therefore, this task will not require the Stream Functional Assessment Methodology (SFAM). ▪ Although this task includes an assessment of ESA-listed species’ habitat, this Scope of Work assumes that listed terrestrial species are not present. If listed species are present within the project area, an amendment would be needed to prepare a Biological Assessment. ▪ MB&G shall provide payment for the DSL delineation report submittal fee, and the submittal fee will be included on project invoicing. ▪ This task does not include a site visit with DSL or USACE staff to review the delineation results. ▪ The project will incur permanent wetland impacts and will therefore require the applicable permits and wetland mitigation that satisfies the USACE and the DSL mitigation requirements. ▪ Wetland mitigation will be achieved via the purchase of wetland mitigation bank credits from the Coyote Prairie North Wetland Mitigation Bank. As of the date of this SOW, the Coyote Prairie North Mitigation Bank did not have any mitigation credits available for purchase. However, it is anticipated that the bank will have credits available at the time of permitting and construction. The City will remit wetland mitigation costs directly to the bank. Attachment 2, Page 9 of 18 ▪ MB&G will pay the DSL’s JPA review fee, and the JPA review fee will be included on project invoicing. ▪ The DEQ will invoice the City directly for the Section 401 review, and the City will remit payment directly to the DEQ. ▪ Wetland impacts will be less than 0.2 acre and will therefore not require a Principal Objective Analysis or ORWAP functional assessment. A best professional judgement functional assessment for wetlands and waters impacts is included in preparation of the JPA under this task. ▪ The project will have no effect on listed plant and wildlife species. If the project may affect listed plant or wildlife species, the project may require a Biological Assessment and consultation with the USFWS, which would require an amendment to this Scope of Work. ▪ The City shall sign the JPA authorizing MB&G to function as the City’s agent in obtaining the permits. ▪ The City will acquire signatures from all appropriate parties as required for completion of the JPA, including applicants, landowners (if required), and Lane County planning officials. ▪ All coordination with agencies under this task will be accomplished through telephone, mail, and electronic correspondence. ▪ Approximately 1/3 of the total project area will be subjected to shovel probes for archaeological investigations, no more than 24 shovel probes will be excavated. ▪ It is assumed that one archaeological resource will be recorded. Recordation of additional resources could result in the need for an amendment to this Scope of Work. Deliverables: ▪ Sketch map of wetland and waters flag locations. ▪ Sketch map of the locations of any listed species/habitats identified during the site reconnaissance. ▪ Draft and Final Wetland Delineation Report (electronic Word and PDF copy). ▪ Draft and Final JPA (electronic MS Word and PDF). ▪ Draft and Final SLOPES compliance materials (MS Word and PDF). ▪ Draft and Final Archaeological Report (MS Word and PDF). ▪ SHPO Report Cover and SHPO Submittal Form (PDF). Attachment 2, Page 10 of 18 Task 4 – Bonneville Power Administration Permitting Bonneville Power Administration (BPA) has a power transmission line right-of-way that runs through the project area. To construct the trunk sewer, the pipeline must cross the BPA right-of- way. Based on preliminary discussions with BPA staff, it is understood that a Land Use Agreement will be required. Consultant will prepare and submit the required application and coordinate with BPA regarding the design and anticipated construction requirements. The Land Use Agreement will be obtained prior to project advertisement for construction. Assumptions: ▪ The City will be named as the applicant on the permit application. ▪ The City will pay BPA permit fees directly. Deliverables: ▪ Draft permit application (PDF). Task 5 – Lane County Permitting The proposed trunk sewer alignment includes crossing Bob Straub Parkway near Jasper Road. Constructing a pipeline across Bob Straub Parkway will require a Lane County Public Works Facility Permit. Work associated with Lane County Permitting will include the following: 60% Plan Review – Meet with the County permitting staff to review the updated 60% plans and incorporate input as needed. Application Preparation and Submittal – Complete the required permit application and submit to the County for approval. Assumptions: ▪ The City will be named as the applicant on the permit application. ▪ The City will pay County permit fees directly. Deliverables: ▪ Draft permit application (PDF). Task 6 – Easement Acquisition Services Consultant shall provide labor, equipment, and materials to provide valuation and acquisition services for the City of Springfield. Easement acquisition activities shall confirm to the standards contained in the Uniform Act of 1970 and amendments, Oregon State Law and the City of Attachment 2, Page 11 of 18 Springfield policies and procedures. It is assumed that easement acquisition will be required from up to six properties. Easement acquisition tasks are described as follows: Title Reports – Consultant shall order preliminary title reports. Preliminary title reports will be needed for development of the legal descriptions and will need to be ordered prior to the preparation of legal descriptions. Appraisals and Appraisal Reviews – Consultant shall use Oregon state-certified appraisers. Consultant shall provide one real estate appraisal for each ownership from which a property interest is to be acquired. Real estate appraisals shall conform to the standards contained in the USPAP (Uniform Standards of Professional Appraisal Practice, and Oregon State Laws. Consultant shall provide not fewer than fifteen (15) days written notice to owners of a planned appraisal inspection and shall provide the property owner or designated representative, if any, an invitation to accompany the appraiser on any inspection of the property for appraisal purposes. Consultant shall provide an appraisal review for each appraisal. The appraisal review will be conducted by another certified appraiser. Acquisition – Consultant shall conduct negotiations, on behalf of the City, for easement acquisition in accordance with the applicable State and Federal law, and the City’s policies and procedures. Consultants shall compile and/or prepare all essential documents to be submitted to owners and tenants as required. Consultant shall make all offers in person or by certified mail. Consultant shall provide property owners with: ▪ A complete copy of the valuation information used to determine compensation. ▪ A written notice as part of the offer that they have a minimum of 40 days to accept or reject the offer, as per state law. Property owners who are considering a donation must be informed in writing of their right to just compensation. The owner will sign the donation form indicating their waiver of their rights, if they elect to donate. Consultant shall prepare and maintain written diaries of negotiator contacts with property owners and tenants to document: ▪ Efforts to achieve amicable settlements. ▪ Owners' suggestions for changes in plans. ▪ Responses to owners' counterproposals. Consultant shall make every reasonable effort to acquire the easements expeditiously by negotiation. Property owners must be given reasonable opportunity to consider the offer and present material the owner believes is relevant to determining the value of the property. Attachment 2, Page 12 of 18 Consultant shall conduct negotiations for acquisition of real property in accordance with applicable State and Federal law. Consultant will assist in clearing interests from title that are deemed necessary by the City Assumptions: ▪ No specialty reports will be required. ▪ No expert witness fees for trial preparation and testimony are included in this scope. ▪ No relocation activity is anticipated. ▪ City will pay closing costs. Deliverables: ▪ Preliminary Title Reports for properties impacted by the Project – Six properties are assumed. ▪ Six real estate appraisals ▪ Six real estate appraisal reviews ▪ Six completed negotiation files, with deeds for recording, for each acquisition. Task 7 – Utility Coordination Consultant shall coordinate with public and franchise utility owners to determine potential impacts associate with the proposed trunk sewer. Consultant will obtain mapping from utilities and adjust the proposed trunk sewer alignment to avoid conflicts. Assumptions: ▪ It is assumed that there will be no conflicts that require relocation of existing utilities. ▪ If relocation of existing utilities is required, coordination and review of relocation plans will be included by an amendment to this Scope of Work. Task 8 – Update 60% Design In 2011, Murraysmith prepared preliminary 60% plans for the entire five miles of the proposed Jasper trunk sewer. Under this task, consultant will update the preliminary plans and prepare draft specifications to reflect changes since 2011. Specific work elements under this task are noted below. ▪ MSA’s engineering will comply with the City of Springfield’s adopted Engineering Design Standards and Procedures Manual, as modified to suit the particular elements of this project. Plan and profile drawings will be developed at a horizontal scale of 1 inch = 20 feet and vertical scale of 1 inch = 5 feet. Drawings will be produced in the City’s desired version of AutoCAD. ▪ Update base map with new supplemental survey. Attachment 2, Page 13 of 18 ▪ Update base map with new wetlands delineation data. ▪ Develop jack and bore design details for crossing Bob Straub Parkway and existing creeks or wetlands, where appropriate. ▪ Confirm/identify required tree removal locations to accommodate installation and maintenance of the trunk sewer. ▪ Develop stormwater quality/quantity design details to mitigate the impact of the proposed gravel access road. ▪ Prepare 60% construction plans and details (full size sheets printed at half-size) as needed to clearly describe the work to be constructed for this phase of the project (Phase 3). See the anticipated list of plan sheets at the end of this Scope of Work for a list of construction plans. ▪ Prepare 60% specifications based on the City’s Standard Construction Specifications (ODOT/APWA Oregon Standard Specifications for Construction). ▪ Prepare 60% construction cost estimate. ▪ Conduct internal quality control of the 60% deliverables. ▪ Coordinate and conduct 60% design review meeting with the City. ▪ Prepare and maintain a comment response log to track design review comments and proposed actions. Assumptions: ▪ The City will provide bid/contract document templates to the Consultant. ▪ The trunk sewer alignment will closely resemble the alignment shown in the 2011 preliminary 60% plans. Deliverables: ▪ Electronic versions of the 60% plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF). ▪ Meeting agenda and summary (PDF). ▪ 60% comment response log with proposed actions. Task 9 – 90% Design The 90% design submittal will be advanced from the 60% submittal. Tasks in addition to those listed above are noted below. ▪ Incorporate 60% design review comments. ▪ Update plans, specifications, and construction cost estimate. ▪ Conduct internal quality control of the 90% deliverables. ▪ Coordinate and conduct 90% design review meeting with the City. ▪ Update comment response log and proposed actions. Attachment 2, Page 14 of 18 Deliverables: ▪ Electronic versions of the 90% plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF). ▪ Meeting agenda and summary (PDF). ▪ 90% comment response log with proposed actions. Task 10 – Final Design The final design submittal will be advanced from the 90% submittal. Tasks in addition to those listed above are noted below. ▪ Incorporate 90% design review comments. ▪ Update plans, specifications, and construction cost estimate and prepare draft final deliverables for City review. ▪ Conduct internal quality control of the final deliverables. ▪ Coordinate and conduct a draft final design review meeting with the City. ▪ Prepare final stamped plans (PDF) and Contract Documents (PDF) for the City’s use in advertising the project for construction. Assumptions: ▪ The City will advertise the project electronically through the City’s website. ▪ Preparation of hard copies of the contract documents (“Bid Book”) is not included in this Scope of Work. Deliverables: ▪ Electronic versions of the draft final plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF). ▪ Meeting agenda and summary (PDF). ▪ 100% comment response log with proposed actions. ▪ Electronic versions of the final stamped plans (full size PDF plans reduced to 11x17 for review), specifications, and estimate (PDF). Task 11 – Bid Phase Services The Consultant will provide bid support as requested. Bid phase services may include: ▪ Prepare for and attend a pre-bid meeting. ▪ Assist the City in responding to bidder questions (up to 10 questions). ▪ Prepare one addendum. Attachment 2, Page 15 of 18 Assumptions: ▪ City will lead the bid phase of the project with assistance from the consultant, as needed. ▪ City will coordinate and lead the pre-bid meeting, including preparing the agenda and meeting summary. Deliverables: ▪ Addendum (PDF). ▪ A summary of responses to bidder questions (via e-mail). Task 12 – Construction Phase Services - Deferred Construction phase engineering services are not included in this Scope of Work. If the City desires Murraysmith to assist with construction phase engineering services, they will be added by future amendment when the scope of such services is further defined. Preliminary Sheet List The following is the anticipated list of plan sheets. Running Total Sheets Sheet Number Description 1 1 G-1 Cover Sheet, Vicinity Map, and Location Map 2 1 G-2 Index of Drawings, Survey Control, and Drawing Key Map 3 1 G-3 Symbols, Legend, and Abbreviations 4 1 G-4 General Notes 5 1 G-5 Erosion Control Notes and Details 19 14 C1 to C14 Trunk Sewer Plan and Profile 25 6 D1 to D6 Storm, Sanitary, Roadway, and Miscellaneous Details Budget Payment will be made at the billing rates for personnel working directly on the project, which will be made at the Consultant’s Hourly Rates, plus Direct Expenses incurred as defined by the Master Services Agreement with the City for the project. Consultant proposes to perform this work on a time and expenses basis with a total not to exceed amount of $346,857 in accordance with the attached Fee Estimate. Project Schedule We anticipate design, permitting, and bid phase services to begin in early 2020 and continue through spring of 2021, with construction to begin in summer of 2021. A detailed schedule will be prepared and submitted for review prior to the project kick-off meeting. Attachment 2, Page 16 of 18 JASPER TRUNK SEWER EXPANSION - PHASE 3 CITY OF SPRINGFIELD, OR PROPOSED FEE ESTIMATE LABOR CLASSIFICATION (HOURS)Estimated Fees Principal Engineer IV Principal Engineer II Professional Engineer III Engineering Designer I Technician IV Hours Labor Subconsultant Multiplier Subconsultant Total with Markup Expenses CADD Units $18/hr Total $250 $230 $157 $132 $155 McTeague Evonuk Swartzendruber Bennett Estep MB&G PBS UFS Task 1 - Project Management and Coordination Overall Project Management and Coordination 80 80 18,400$ 1.1 -$ -$ -$ 18,400$ Monthly Invoicing and Budget Tracking 16 8 24 4,936$ 1.1 -$ -$ -$ 4,936$ Project Kick-off Meeting 8 16 24 4,352$ 1.1 -$ 150$ -$ 4,502$ Project Schedule and Schedule Updates 4 16 20 3,432$ 1.1 -$ -$ -$ 3,432$ Overall Project Quality Assurance 16 16 4,000$ 1.1 -$ -$ -$ 4,000$ Task 1 Subtotal 16 108 40 0 0 164 35,120$ -$ -$ -$ -$ 150$ -$ 35,270$ Task 2 - Surveying Control Survey 2 2 314$ 3,000$ 1.1 3,300$ -$ -$ 3,614$ Wetland Boundary Ties 2 4 6 1,088$ 5,400$ 1.1 5,940$ -$ -$ 7,028$ Supplemental Topographic Survey 2 2 314$ 4,000$ 1.1 4,400$ -$ -$ 4,714$ Legal Descriptions and Exhibits 2 4 6 1,088$ 4,500$ 1.1 4,950$ -$ -$ 6,038$ Task 2 Subtotal 0 4 12 0 0 16 2,804$ -$ 16,900$ -$ 18,590$ -$ -$ 21,394$ Task 3 - Environmental and Cultural Permitting Environmental and Cultural Permitting Project Management 0 -$ 5,728$ 1.1 6,301$ -$ -$ 6,301$ Obtain and Review Existing Environmental Data 4 4 920$ 2,256$ 1.1 2,482$ -$ -$ 3,402$ Site Reconnaissance and Wetland/Waters Delineation 8 12 20 3,724$ 7,132$ 1.1 7,845$ 150$ -$ 11,719$ Wetland and Waters of the U.S. and State Delineation Report 4 4 8 16 2,788$ 5,422$ 1.1 5,964$ -$ 144$ 8,896$ Joint Permit Application and Mitigation Planning 12 24 8 44 7,768$ 8,203$ 1.1 9,023$ -$ 144$ 16,935$ Endangered Species Act Compliance Documentation 8 8 16 3,096$ 5,364$ 1.1 5,900$ -$ -$ 8,996$ Cultural and Historical Compliance Documentation 4 4 8 1,548$ 20,932$ 1.1 23,025$ -$ -$ 24,573$ Task 3 Subtotal 0 40 52 0 16 108 19,844$ 55,037$ -$ -$ 60,541$ 150$ 288$ 80,823$ Task 4 - Bonneville Power Administration Permitting Bonneville Power Administration Permitting 8 16 4 28 4,972$ 1.1 -$ -$ 72$ 5,044$ Task 4 Subtotal 0 8 16 0 4 28 4,972$ -$ -$ -$ -$ -$ 72$ 5,044$ Task 5 - Lane County Permitting 60% Plan Review with County 8 8 16 3,096$ 1.1 -$ 150$ -$ 3,246$ Application Preparation and Submittal 2 8 10 1,716$ 1.1 -$ -$ -$ 1,716$ Task 5 Subtotal 0 10 16 0 0 26 4,812$ -$ -$ -$ -$ 150$ -$ 4,962$ Task 6 - Easement Acquisition Services Title Reports 2 2 314$ 2,100$ 1.1 2,310$ -$ -$ 2,624$ Appraisals and Appraisal Reviews 8 8 16 3,096$ 35,052$ 1.1 38,557$ -$ -$ 41,653$ Acquisition 24 12 36 7,404$ 21,334$ 1.1 23,467$ -$ -$ 30,871$ Task 6 Subtotal 0 32 22 0 0 54 10,814$ -$ -$ 58,486$ 64,335$ -$ -$ 75,149$ Task 7 - Utility Coordination Utility Coordination 2 4 8 14 2,144$ 1.1 -$ -$ -$ 2,144$ Task 7 Subtotal 0 2 4 8 0 14 2,144$ -$ -$ -$ -$ -$ -$ 2,144$ Task 8 - Update 60% Design Update 60% Plans 4 40 40 40 124 18,680$ 1.1 -$ 150$ 720$ 19,550$ Prepare 60% Specifications 8 24 24 56 8,776$ 1.1 -$ -$ -$ 8,776$ Prepare 60% Construction Cost Estimate 1 4 16 21 2,970$ 1.1 -$ -$ -$ 2,970$ Quality Control for 60% Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$ Coordinate and Conduct 60% Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$ Prepare and Maintain Comment Response Log 2 8 8 18 2,772$ 1.1 -$ -$ -$ 2,772$ Task 8 Subtotal 0 31 88 88 40 247 38,762$ -$ -$ -$ -$ 300$ 720$ 39,782$ Subconsultants City of Springfield December 2019 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Phase 3 Fee Estimate Murraysmith Jasper Trunk Sewer Ph 3 Page 1Attachment 2, Page 17 of 18 JASPER TRUNK SEWER EXPANSION - PHASE 3 CITY OF SPRINGFIELD, OR PROPOSED FEE ESTIMATE LABOR CLASSIFICATION (HOURS)Estimated Fees Principal Engineer IV Principal Engineer II Professional Engineer III Engineering Designer I Technician IV Hours Labor Subconsultant Multiplier Subconsultant Total with Markup Expenses CADD Units $18/hr Total $250 $230 $157 $132 $155 McTeague Evonuk Swartzendruber Bennett Estep MB&G PBS UFS Subconsultants Task 9 - 90% Design Prepare 90% Plans 8 40 60 60 168 25,340$ 1.1 -$ -$ 1,080$ 26,420$ Prepare 90% Specifications 4 24 24 52 7,856$ 1.1 -$ -$ -$ 7,856$ Prepare 90% Construction Cost Estimate 1 4 8 13 1,914$ 1.1 -$ -$ -$ 1,914$ Quality Control for 90% Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$ Coordinate and Conduct 90% Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$ Update Comment Response Log 2 8 8 18 2,772$ 1.1 -$ -$ -$ 2,772$ Task 9 Subtotal 0 31 88 100 60 279 43,446$ -$ -$ -$ -$ 150$ 1,080$ 44,676$ Task 10 - Final Design Prepare Draft Final Plans 4 16 16 24 60 9,264$ 1.1 -$ -$ 432$ 9,696$ Prepare Draft Final Specifications 4 16 8 28 4,488$ 1.1 -$ -$ -$ 4,488$ Prepare Draft Final Construction Cost Estimate 1 2 4 7 1,072$ 1.1 -$ -$ -$ 1,072$ Quality Control for Final Deliverables 8 8 1,840$ 1.1 -$ -$ -$ 1,840$ Coordinate and Conduct Draft Final Design Review Meeting 8 12 20 3,724$ 1.1 -$ 150$ -$ 3,874$ Update Comment Response Log 2 4 4 10 1,616$ 1.1 -$ -$ -$ 1,616$ Prepare Final Stamped Plans, Specificaitons, and Estimate 2 12 12 8 34 5,168$ 1.1 -$ -$ 144$ 5,312$ Task 10 Subtotal 0 29 62 44 32 167 27,172$ -$ -$ -$ -$ 150$ 576$ 27,898$ Task 11 - Bid Phase Services Attend Pre-Bid Meeting 8 16 24 4,352$ 1.1 -$ 150$ -$ 4,502$ Respond to Bidder Questions 2 4 6 1,088$ 1.1 -$ -$ -$ 1,088$ Prepare Addendum (One Assumend)1 16 8 25 3,982$ 1.1 -$ -$ 144$ 4,126$ Task 11 Subtotal 0 11 36 0 8 55 9,422$ -$ -$ -$ -$ 150$ 144$ 9,716$ Task 12 - Construction Phase Services - DEFERRED Task 12 Subtotal 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ -$ -$ TOTAL - ALL TASKS 16 306 436 240 160 1158 199,312$ 55,037$ 16,900$ 58,486$ 143,465$ 1,200$ 2,880$ 346,857$ City of Springfield December 2019 G:\PDX_BD\Clients\Springfield - OR\Jasper Trunk Sewer 6-09\Phase 3 - 2019\Jasper Phase 3 - Scope\Jasper Phase 3 Fee Estimate Murraysmith Jasper Trunk Sewer Ph 3 Page 2Attachment 2, Page 18 of 18