STAFF REPORT NO. 156-16 - Vancouver, Washington · 2016. 11. 10. · maximize the AWWA D110 wire-wrapped reservoir capacity to the extent possible that fits the site. CH2M will conduct

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11/9/2016 9:19 AM

STAFF REPORT NO. 156-16

TO: Mayor and City Council DATE: 11/14/2016 FROM: Eric Holmes, City Manager Subject: Professional service agreement for the Water Station 1 Phase 2 Reservoir and Security Upgrades project. Key Points: Water Station 1 Phase 1 construction will begin next month. Water Station 1 Phase 2 construction is planned to start immediately after Phase 1 is

complete. Water Station 1 Phase 2 construction will include the replacement of three seismically

deficient water storage reservoirs and site security improvements. A professional service agreement with CH2M is proposed to develop the final bid ready

construction documents for Phase 2. Objective: To enter into a professional services agreement with CH2M Engineers to develop bid-ready plans and specifications for construction of two new ground level water storage reservoirs, one new elevated water storage reservoir, and site security improvements. This action supports implementation of Goal 1, Objective 1.2 of the City’s Strategic Plan. Present Situation: Water Station 1 has been used as a water production site since the late 1800s and is currently the largest and most productive water station in the City of Vancouver water system. The site has a well pumping capacity of 34 million gallons per day and is the backbone of Vancouver’s water supply system. It has more than twice the production capacity as the next largest well field in the Vancouver system. In 2015, Water Station 1 supplied approximately 30% of Vancouver’s water use demands. In 2005, a facilities master plan was prepared for Water Station 1 in order to define required improvements needed to secure, upgrade and maintain this vital resource. This facilities master plan was approved in January of 2006. The overall project objectives are to replace aging facilities and components at Water Station 1 to ensure reliability and increase efficiency. The project has been divided into phases. New facilities that are currently being constructed with Phase 1 include a new booster pump station, an operations support center, a new treatment building, emergency power, upgraded electrical systems, upgraded control panels, and an upgraded system-wide control system. Phase 2 will include the replacement of two existing concrete water storage reservoirs as well as one elevated steel reservoir. One of the existing ground level reservoirs was constructed in 1909. The other ground level reservoir and the elevated reservoir were both constructed in 1937. None of these reservoirs was built to current seismic standards. Seismic evaluations were recently completed on the existing reservoirs and deficiencies were found. An initial seismic evaluation on one of the reservoirs indicated that seismic upgrades would save significant money when

Staff Report 156-16 11/14/2016 Page 2 of 2 compared to replacement. A recent evaluation of this reservoir provided by CH2M indicated that the cost to seismically retrofit the reservoir would be too high, so both existing reservoirs and the elevated steel reservoir are planned for removal and replacement with this project. The new reservoirs will not only increase the water storage capacity at this site but will also improve the reliability of the water system. Security and fencing improvements will also be included in the Phase 2 project in order to protect this vital facility. For Phase 2, the City invited professional engineering firms with experience in water station design to submit statements of qualifications for providing professional services on June 1, 2016. Qualifications were received from three firms; CH2M Engineers, HDR Engineering, and OBEC Consulting Engineers. The submittals were evaluated by a selection committee and CH2M Engineers was selected based on their extensive experience with water system reservoir design. The scope of work covered by this professional services agreement is the final step in designing the improvements for Phase 2. This scope includes development of final design plans, construction documents and specifications required to make needed improvements. Total Phase 2 construction costs are anticipated to be $14 million with completion in 2020. An additional third phase, currently scheduled to begin in 2022, will include replacing three existing wells. Negotiations have refined the scope with CH2M to that which is in the attached document. Advantages: 1. Provides design and construction documents to replace three existing water storage reservoirs

to improve the reliability of the water station. 2. Provides design and construction documents to make security improvements at the site. 3. Provides for specialty technical services to develop final design plans, construction

documents, and specifications.

Disadvantages: None Budget Impact: None. The funds for this project are budgeted in the Water Fund, 2015-2016 Capital Budget. Prior Council Review: Approved in the 2015 - 2016 Water Capital Improvement Budget. Memos to Council dated July 23, 2013, and December 4, 2014. Project update workshop with Council December 8, 2014. Consultant contract approval by Council for Phase 1 design January 5, 2015 and construction

contract approval for Phase 1 August 15, 2016.

Action Requested: On November 14, 2016, authorize the City Manager or his designee to execute a professional services agreement between the City of Vancouver and CH2M Engineers for an estimated amount not to exceed $2,305,577. Attachment: Professional Services Agreement To request other formats, please contact:

City Manager’s Office (360) 487-8600 | WA Relay: 711 [email protected]

RFQ 20-16 Water Station 1 Phase 2 - Reservoir and Security Upgrades Page 1 of 28 CONTRACT rev 3/16

CITY OF VANCOUVER PROFESSIONAL SERVICES AGREEMENT No._____________

WATER STATION 1 PHASE 2 - RESERVOIR AND SECURITY UPGRADES This Agreement by and between the City of Vancouver, a municipal corporation, under the laws of the State of Washington, hereinafter referred to as "City" and CH2M HILL Engineers, Inc. (CH2M) hereinafter referred to as "Consultant", whose address is 2020 SW Fourth Ave, 3rd Floor, Portland OR 97201. WHEREAS, the City desires to engage the Consultant to provide professional engineering services for the Water Station 1 Phase 2 - Reservoir and Security Upgrades Project and other related services on an as needed basis. Consultant has agreed to offer its professional services to perform said work per City issued Request for Qualifications (RFQ) No. 20-16, Consultant’s response to said RFQ, and City Council’s approval on ____________________of Staff Report No. ______; and WHEREAS, the Consultant has represented by entering into this Agreement that it is fully qualified to perform the work to which it will be assigned in a competent and professional manner, and to the standards required by City. The standard of care applicable to Consultant's services will be the care and degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES: The City hereby agrees to engage the Consultant and the Consultant hereby agrees to perform, in a satisfactory and proper manner, as determined by the City, the services hereafter set forth in connection with this Agreement: 1. Statement of Work. Consultant agrees to provide provide professional engineering services for the Water Station 1 Phase 2 - Reservoir and Security Upgrades Project per RFQ No. 20-16 and Consultant’s response to said RFQ on file in City of Vancouver Procurement Services by reference hereto made a part of this Agreement. The following tasks further detail the development of design and construction support services to be provided by CH2M. TASK 1—PROJECT ORIENTATION & PROJECT PLANNING

The purpose of this task is to ensure that all Consultant and City staff members are apprised of the scope of the project thru a team kick-off meeting. This task will also include overall project planning and initiation of field investigations, project delivery services, and permitting support. 1.1 Project Orientation and Team Meeting CH2M will lead and participate in a project orientation meeting with the City staff. The


purpose of the meeting is to ensure that all team members are “on the same page” regarding the project purpose and requirements. This is an opportunity for the consultant to meet the City staff members that will be involved in the project and to develop coordination and communication protocols. Key milestones, deliverables, and schedule will also be discussed as well as critical project issues that are important for project completion. This meeting will be held at City facilities. 1.2 Concrete Reservoir Size/Capacity Confirmation As a part of the 2005 master plan for the Water Station #1 site, a preliminary design report was completed for a replacement 3 million gallon (MG) concrete reservoir. The report states that the 3 MG capacity is due to site constraints that physically limit the reservoir footprint and depth. The City has since expressed that they would like to maximize the AWWA D110 wire-wrapped reservoir capacity to the extent possible that fits the site. CH2M will conduct an analysis and prepare a draft memorandum of the recommended storage volume. The City, upon further evaluation has determined that the existing rectangular 4MG reservoir will need to be replaced. Preliminary layout of a new 4 MG Type I AWWA D110 reservoir will be conducted as a part of this task too. Although site constraints will dictate final reservoir sizing, it is anticipated that both the new, larger ground tanks will be of the same configuration, shape, and size, allowing for a single design of a ground level tank. It is possible that reservoir configuration and size will not be consistent, which would require a modification of scope and fee to perform two ground level reservoir designs. To determine project constraints and opportunities, a preliminary meeting will be used to assist the City to make informed and cost based decisions of the facilities to be modified, upgraded, or constructed at Water Station #1. For the meeting, CH2M will provide technical material to help define issues, constraints and solutions to be considered for the meeting. This information will help City staff make critical decisions about the facility and its systems. CH2M will then finalize the memorandum following the collaborative meeting with the City, documenting recommendations and decisions from the meeting. 1.3 1 MG Standpipe Sizing and Siting Confirmation Due to the constrained space on the upper terrace at the Water Station 1 site, options for siting a replacement standpipe are limited. Two issues will need to be addressed to determine the appropriate location for the standpipe considering geotechnical considerations and visual impacts on the neighborhood. After the existing 1 MG ground level reservoir is demolished, there will be a flat, open space available on the upper terrace of the site. The prior location of the ground level reservoir could be an ideal location for siting the standpipe, as long as the appropriate ground improvements to support the standpipe are designed. However, if the intent is to


place the standpipe directly on new fill, geotechnical considerations for the foundation will need to be addressed. The 2013 geotechnical engineering report by Shannon & Wilson recommended the use of a mat foundation with a deep auger-cast pile system based on the assumption of a 90-foot-tall and 35-foot- diameter standpipe located outside of the footprint of the existing 1 MG reservoir. The geotechnical report also recommended a 20-foot setback from the edge of the upper terrace slope to eliminate static and seismic slope stability issues. These constraints limit the available space for siting the reservoir. CH2M will examine these constraints with the City and prepare a draft technical memorandum that presents options for both the size and location of the standpipe. The preliminary ground level reservoir’s meeting will be used to discuss the decisions of the facilities to be modified, upgraded, or constructed at Water Station #1. CH2M will then finalize the memorandum following the meeting with the City, documenting recommendations and decisions from the meeting. 1.4 System Hydraulics Utilizing information provided by the City, CH2M will build a hydraulic model of WS1 in order to review the hydraulic design of the yard piping for the WS1 project site, with particular emphasis on the upper terrace hydraulics of the reservoirs and standpipe. The hydraulics analysis will review the impacts and develop solutions to adding the westerly 4MG reservoir, located a significant distance from the blower building and effluent piping discharge at this site. The goal and purpose of this hydraulics analysis is to assure adequate movement of water can occur with the two ground level reservoirs maintaining required hydraulic profile for the system, and also assuring water quality maintenance and turnover of the two reservoirs. Records of past operational information will be required from the City to prepare the analysis, and allowable pressure fluctuation allowances. The report will propose recommended reservoir/standpipe sizing, high water level, HGL impacts, pipe sizing and configuration for the reservoirs to operate simultaneously or separately or with a hydraulic shut-down. Isolation of each ground level reservoir will need to be addressed as it may occur while the site remains operational. Upon conclusion of this analysis, a diurnal curve of each reservoir and the standpipe under seasonal conditions will be prepared. During the evaluation CH2M will also review the following with the City for desired operations:

Desired reservoirs draw down during peak demands Desired reservoirs draw down during average demands Desired turnover of reservoirs during peak demands


Desired turnover of reservoirs during average demands

Following the analysis, proposed yard piping changes may occur to provide enhanced operational characteristics of the system. Modeling Technical Memorandum. A technical memorandum will be prepared that documents each of the analysis and recommended changes. The draft technical memorandum will be prepared for presentation to and review by the City. Once the City provides comments on the Draft TM, CH2M will address those comments and prepare a final TM for the City. 1.5 Reservoir/Standpipe Mixing Analysis Disinfectant depletion in stagnant regions of a storage tank can lead to pathogen growth and consequent disease outbreaks. Judicious design, placement, and orientation of tank inlets and outlets can facilitate tank mixing and consequent exposure to disinfectants while minimizing energy costs. CH2M will conduct a computational fluid dynamics (CFD) model of the proposed ground level reservoirs and standpipe to develop recommended interior piping or alternative mixing systems for the storage facilities. To evaluate the most efficient internal plumbing configurations for the project, the following CFD modeling approach is proposed:

1. Reservoir structural columns will be included as part of the simulation domain. This increases the modeling effort but in some cases, the influence of the structural columns can be significant in the mixing characteristics.

2. If necessary, due to operational conditions, density differences between influent and ambient fluids will be simulated. The need for this is generally a result of temperature differences between the inflow and ambient fluids.

3. Initial modeling is proposed as steady-state simulations. For steady-state modeling, the inflow equals the outflow and the volume inside the reservoir remains constant. For the steady-state modeling, three inlet/outlet configurations will be studied. The initial simulation results will provide guidance in structuring the second configuration, and the second simulation results will guide the design of the third configuration.

4. Simulation of tracer spread will be used to determine mixing characteristics. The coefficient of variation of the tracer as a function of time will be determined for each simulation. Tank mixing time is defined as the time it takes for the coefficient of variation to drop to 10 percent. This provides a quantitative measure of mixing characteristics for each configuration.

Results for each configuration will be presented as follows:


Plots relating coefficient of variation to time Color-coded tracer concentrations displayed on horizontal and vertical slice

streamlines that depict the path a fluid particle would follow

The results of the analysis will be provided in a technical memorandum and the results will be used to define mixing systems to maintain water quality within the reservoir. CH2M also will use the CFD model to develop a sampling system to provide the City and design team with information to determine appropriate means to evaluate chlorine residual in the reservoir and assess mixing efficiency. 1.6 Geotechnical Investigations CH2M will review the existing subsurface information available from past geotechnical explorations at Water Station #1 and supplement the existing information with a focused geotechnical exploration and laboratory testing program. Based on previous geotechnical explorations, it is expected that the seismic site class will be Site Class D and therefore it is assumed that a site-specific seismic analyses will not be required. As such, a code-based approach will be used to develop a seismic response spectra and seismic design parameters for the work. Geotechnical Field Exploration and Laboratory Testing. The focused geotechnical exploration will require the development of a technical specification for the City to obtain bids to perform the drilling at the site. CH2M will develop the requirements for the project to advance two deep (between 70- and 90-feet each) geotechnical borings and up to 4 shallow borings (approximately 25-feet each). The City will administer and pay for the drilling services as a direct contract to the City. During construction, we propose to have the selected Consultant drill one medium depth boring (approximately 50-feet deep) once the existing 4MG reservoir is decommissioned to verify subsurface conditions. One deep boring will be advanced within the footprint of the proposed 1 million gallon (MG) standpipe and one will be advanced within the footprint of the proposed westerly new 4MG reservoir. These borings will supplement existing geotechnical explorations and be used for design of reservoir foundations, including steel pile or auger-cast pile foundations below the standpipe. The shallow borings will be completed near proposed minor structures or along proposed pipeline alignments. Laboratory testing to determine index and strength properties of the soil encountered in the borings will be completed on representative soil samples collected during the geotechnical exploration. Geotechnical Analyses. The primary tasks associated with the geotechnical analyses will


be evaluation of foundation conditions, development of foundation recommendations, development of code-based seismic ground response spectral accelerations, evaluation of lateral earth pressures, and development of design parameters for retaining walls. Geotechnical analyses for the standpipe will include assessment of both steel pile and auger-cast pile alternatives for support of vertical loads and resistance to overturning moments under seismic loading. Relative costs for each of these two alternatives will be considered and preliminary design recommendations for size, type, depth, and estimated axial, lateral, and uplift capacity will be developed. The preliminary design will be further developed during final design when structural load requirements are known.

A static and seismic slope stability evaluation will be completed to evaluate the slope stability near the proposed 1 MG standpipe. The seismic slope stability assessment will be performed using a pseudo- static analysis with the seismic loading represented by a horizontal seismic force coefficient equal to one-half of the Maximum Considered Earthquake (MCE) peak ground acceleration. The analysis will consider the previously performed stability analyses completed by Shannon and Wilson and will be completed once the size, location, foundation elevation, and foundation support systems have been determined. Reporting. A geotechnical data report (GDR) and a geotechnical recommendations report (GRR) will be developed for the Water Station #1 Phase 2 Project. Results of the code-based seismic design evaluation will be included in the GRR. Draft reports will be prepared and submitted electronically to the City of Vancouver for review. Consolidated comments from the City’s review will be incorporated into final reports. 1.7 Preliminary Design To develop the project concept the design team will provide written documentation of the individual components for the project to assure that there is a mutual understanding of the project between the design team and the City. This preliminary design report will incorporate primary elements of the project, and preliminary layout of the facilities, without significant detail. The project elements to be addressed in the compendium of technical memorandums will include: Ground Level Reservoir Schematic Design. A design criteria technical memorandum for the pre-stressed concrete tanks will be prepared to define the desired structural design of this significant project element. Following City approval of the reservoir size/capacity/location during the Task 1 elements and preliminary design criteria development, CH2M will complete the schematic design using this agreed design criteria. A preliminary layout will be provided of the reservoir structure on a plan view drawing.


When selecting the tank’s precise location, CH2M will consider the geotechnical requirements for construction of cut slopes, the radial distance of 12 feet from the bottom of the core wall to the shoring or earth embankment required for the prestressing cable wrapping machine, and necessary code required and desired setback requirements from the property lines. CH2M will also recommend the most efficient layout for the reservoir, considering cost-effective diameter-to-height ratios, current bottom elevations of existing reservoirs and ability to lower their bottom elevations, foundation requirements, operational issues, maximizing the capacity per vertical foot of reservoir, and reducing excavation and backfill requirements. Standpipe Schematic Design. A design criteria technical memorandum for the standpipe will be prepared to define the desired structural design of this significant project element. Following City approval of the standpipe size and location during the Task 1 elements and preliminary design criteria development, CH2M will complete the schematic design using this agreed design criteria. A preliminary layout will be provided of the standpipe structure on a plan view drawing. CH2M will recommend the most efficient layout for the standpipe, considering cost-effective diameter-to-height ratios, foundation requirements, and operational issues. Site/Civil. For the site/civil layout of the facilities, CH2M will develop a preliminary ingress/egress access and parking, grading, drainage (surface, reservoirs, and tank), aesthetic treatment, onsite piping and valving, drain line piping, and lighting (as required) in the overall siting element. Pipeline layout for supply, discharge, reservoir overflow/drainage, and stormwater needs will also be developed and will include replacement of all existing site cast iron piping. Reservoir drains and understructure leak detection underdrain systems are recommended for the ground level facilities. CH2M will evaluate connection to the existing set of drywells where the existing 1 MG and 4-MG reservoirs, and 0.25MG Elevated tank are drained or whether a new drywell system will be required. Landscaping. In coordination with the site/civil activities, a PBS Engineering Landscape Architect will develop a preliminary design for the exterior fencing, interpretive trail, and low maintenance landscaping development. Landscape design will be geared towards a zero permanent water use (xeriscaping type). Layouts for an interpretive trail including four interpretive signs will be included. At this stage, the theme of the signs will be developed, but not content. I&C Systems. Definition of control systems will be identified and defined in this portion of the work. This will include monitoring and control of the reservoir and standpipe systems, including security (hatch alarms, etc), and other infrastructure needs.


Electrical Systems. Electrical needs for the reservoirs and standpipe will include minor electrical supply for the I&C systems. Electrical needs for security systems will also be defined. Security. A continuation of the security strategy that builds upon the work completed in the 2005 master plan and the updated security evaluation completed as a part of the Water Station #1, Phase 1 work. This includes evaluation and alternative fencing for the site, additional security camera locations, and additional site lighting, and the inclusion of automatic and manual gates. Construction Sequencing. Based on the development of the system components and configuration during the preliminary design, CH2M will develop a preliminary sequencing of construction for the Phase 2 work, including necessary staging and storage areas. These elements will include the coordination with other capital improvements on the Water Station #1 site. 1.8 Land Use Permitting and Agency Meetings The City will lead the permitting aspect of the project with CH2M providing support for land use and building permits. CH2M will meet with the staff of the City of Vancouver to determine and discuss permit and code requirements for the Water Station No. 1, Phase 2 project. The preliminary discussion will assure that CH2M provide and design to the standards and requirements of the City. Using the results of the preliminary design, the City will lead the efforts associated with required land use actions that may be required. In this effort, CH2M will also assist the City with public meeting by developing handouts, presentation boards, digital presentations, and other materials required for the public notification and meetings required or desired by the City of Vancouver. CH2M anticipate two public meetings will be required throughout the duration of this project. The City will provide the venue and public notification. The existing Level V tree plan and a critical areas report will be used for inclusion with the site plan submittal application. The City will provide a construction storm water National Pollutant Discharge Elimination System (NPDES) permit that will likely be required along with a construction Storm Water Pollution Prevention Plan (SWPPP).

1. 9 Building Permit Support Services It is anticipated the following permits are required and applications for these will be prepared by either the City or CH2M HILL throughout the various stages of the project. Application fees will be paid by the City.


City of Vancouver Building Permits o (Commercial Building, Demolition, Electrical, Fire Protection, Grading,

Mechanical, Plumbing) Washington State Energy Code Compliance (Building, Lighting, Mechanical) Cultural Survey of the Buildings (Completed 2013/2014) Archeological Predetermination (Completed 2005) SEPA (Completed 2005)

o If an update of the SEPA is required it will be completed by the City. Tree Removal Permit AHERA Survey for Asbestos and Lead Paint Survey (Completed 2014)

This project will also require approval from the Washington State Department of Health, Drinking Water Program. The City will prepare the required documentation of the project to the Washington State Department of Health. Review fees charged by WDOH will be paid by the City.

CH2M will prepare the agency applications and make adjustments to the designs in support of acquiring the permits for the Construction Contract Documents under this task. Application and review fees will be paid by the City.

TASK 2—SCHEMATIC DESIGN (30%)

This work will include further project definition from the Technical Memorandums prepared at the Preliminary Design stage of the project. The Schematic design will identify all the facility components and include the City design standards of each component, as applicable. This is an important step in the project development, ensuring that City engineering and operations staff have adequate opportunity to direct all project elements as desired.

Task 2.1 Schematic Design Development This is the phase of the work that uses the existing and to-be-gathered information to develop specific, detailed design criteria and prepare a schematic design report. This report will contain specific design criteria, plans, and identification of specifications and drawings completed to a 30 percent-complete level. The Schematic design will also include an engineer’s Class 4 construction cost estimate. Following development of the construction cost estimate, a projected monthly project spending curve will be provided. Schematic level landscape drawings will also provide for the proposed plant palette as well as the layout of landscape planting beds, lawn areas, trail alignment, fence alignment


and schematic entrance feature. For the interpretive trail, further refinement of the concept will be developed, including associated trail and the four sign details. At the close of this work, CH2M will provide drawings and Technical Memorandums (TMs) to document the decisions and then conduct a workshop with the City staff to obtain consensus for the project content. Upon completion of the conceptual design workshop and receipt of the review comments, the consultant will finalize the TMs to memorialize the Schematic design. This task will provide the project definition; to allow the team to confidently move into final design. Geotechnical Support. Final analyses will be conducted to determine the required size, depth, and installation requirements for foundation support systems for the proposed reservoirs. Geotechnical engineers will work with structural engineers to evaluate foundation requirements based on required lateral and axial capacities, and overturning moments for each of the proposed reservoirs.

TASK 3—DESIGN DEVELOPMENT, PRE-FINAL, AND FINAL DESIGN (60%, 90% AND 100% COMPLETION)

Upon agreement of the schematic design (30% Design) project definition and the project elements, CH2M will begin final design. Final design will occur in three steps – 60%, 90% and 100% completion phases. CH2M also have anticipated the multiple and differing sets of plan sheets that will be necessary to meet Land Use and Building Department permitting agency submission and application needs. The design will be accomplished using MicroStation-based CAD drawings – aligning the levels to the American Society of CAD Standards (ASCS) and CH2M HILL standards. The City’s Div 0 (Bidding and Legal information, and Conditions of the Contract with supplemental information) specifications, and the 49 Division, Construction Specification Institute (CSI) technical specifications will be used. Standard details for the project will be provided in a separately bound volume of the contract documents. The final design will be based on the accepted schematic engineering design. CH2M anticipate preparing a single construction contract document to provide to the City’s Procurement Department at the 100% completion stage so the project can be advertised and bid. Final design tasks and deliverable items are summarized below. 3.1 Prepare 60%, 90% and 100% Plans, Specifications and Estimates For the 60% design deliverable, the team will provide drawings indicating the primary project features, sectional views, initial calculations, initial draft edits of the specifications, and a Class 3 construction cost estimate. The 60% design will have been reviewed by an internal team of QC reviewers and updated to reflect the comments before delivery of the


product to the City for their review. Following a 15 day review period by the City, the City and Consultant will hold a ½ day review meeting to obtain input and responses from the review. Following the 60% review meeting, the Consultant will continue the design toward a 90% design deliverable. The design will move the projects forward to include all project features, sectional views, details, pre‐final calculations, pre‐final edits of the specifications, and a Class 2 construction cost estimate. The 60% design will have been reviewed by an internal team of QC reviewers and updated to reflect the comments before delivery of the product to the City for their review. The first cut of specifications and supplementary conditions will be provided at this stage of the project. Following a 15 day review period of the City, the City, and Consultant will hold a ½ day 60% design review meeting with the City to obtain input and responses from the review. Following the 90% review meeting, the Consultant will proceed to a final design deliverable and provide submittals to the reviewing agencies and building department. The design will include all elements of the project to final completion, including plans, specifications, calculations, and a Class 1 construction cost estimate.

Plans, Specifications, and Estimates (PS&E) deliverables at each stage of preliminary design, 30%, 60%, 90%, and 100% will include varying stages of Contract Document development delivered to the City for review. Following each of the intermediate design delivery milestones, a review meeting will be held between the City and Consultant. Drawings will be prepared in Bentley’s MicroStation CAD drawing software – aligning the drawings levels to the American Society of CAD Standards (ASCS) and CH2M standards. All final electronic drawing files to and from the City will be provided in AutoCAD. The City will provide the drawing border for use on the project, which will be similar to the Phase I Improvements Project recently completed. Drawings will be produced at a sheet size of 22”x 34”. The technical specifications will use the Construction Specifications Institute (CSI) 49 Division standards as modified by CH2M. The project Division 0 specifications will be their standard documents (Invitation to Bid, Instruction to Bidders, Bidder Responsibility, Non-Discrimination Clause, List of Subcontractor Form, Apprenticeship Form, Proposal Form, Contract Form, and others) as prepared by the City’s Procurement Department. Conditions of the Contract will use the EJCDC standard general conditions with supplements as approved by the City. Standard drawings details for the project will be provided in a separately bound volume of the Contract Documents. The construction project is anticipated to be delivered using a single construction contract using a single standard design/bid/build delivery method ready for advertisement in the


Spring of 2018. Following completion of the single Contract Document package, Consultant will compile a completed, Adobe format PDF file package of drawings and specifications, together with the final engineer’s cost estimate and submit it to the City. Calculations necessary for building permit approval, will be provided. All final deliverables will be electronically certified/sealed by the appropriate design engineer. The City will reproduce, advertise, and distribute the construction documents.

Cost Estimate. CH2M HILL’s cost estimator will prepare and submit to the City an updated construction cost estimate when the project is 30-, 60-, 90-, and 100- percent complete. The cost estimate will include costs for landscape elements prepared by the PBS Engineering Landscape Design Staff cost estimator. The accuracy and confidence level of the estimate will be conducted to the levels as defined by the American Association of Cost Estimators (AACE) for Levels 3 thru 1, pending the level of design completion.

Post Design Documentation. At the close of the final 100-percent design phase, CH2M will submit the plans and specifications to the City for their use. These will be provided in electronic PDF format for reproduction as desired. Specifications will also be provided in Word format. In addition, the remainder of the work products from the team, from the predesign through the final design effort will be packaged in the eProjDox system of archived information. The following list identifies the work products that CH2M will provide during the design phase:

Preliminary Design Schematic Design Final Plans (electronic PDF) Final Specifications (electronic PDF and Word) Final Cost Estimate Geotechnical Data Report (GDR) Geotechnical Recommendations Report (GRR) Site Specific Hazards Analysis Report Computations/Calculations Site/Civil drawings in AutoCad format for City Surveyors to use for construction

layout Draft Outline for electronic Operation and Maintenance manuals (eProjDox – See

Task 5 for further information)


TASK 4—BIDDING SERVICES

At the completion of the design package, the City will administer, advertise and direct the bidding process. CH2M will provide support to these City led activities by providing the following during this phase/task of the project:

Assist with presentation of the project during pre‐bid conference and site visit. Provide clarifications and answers to questions during bid period as requested by

City’s PM. Provide information concerning requests for substitutions. Assist with development of addendum to construction documents. Assist with analysis of project bids received Prepare conformed drawings and specifications, including changes developed by

addenda

Tasks to be completed by City of Vancouver during this phase:

Reproduce the project Contract Documents for distribution Provide consultant team with four full size sets of drawings and specifications Advertise the project for Bid Reproduce and distribute documents to prospective bidders and subconsultants. Coordinate and host pre‐bid meeting Maintain and coordinate construction project document distribution and storage Issue and distribute addenda Coordinate and host bid opening Issue Notice of Intent to Award Conduct City contracting process thru Notice to Proceed

TASK 5—CONSTRUCTION SUPPORT SERVICES

During this task, CH2M will assist the City in assuring the awarded Consultant constructs the project as intended and defined by the Contract Documents. The City will provide the on‐site, full time Construction Management and Inspection services, and special inspection services. CH2M will provide office engineering support services and code required design professional site reviews to the City for construction. During submittal and RFI review, the City will initially accept and distribute the electronic submittals/RFIs to the reviewers. As received, CH2M will review the technical submittals provided by the City, and return the documents for final approval and distribution by the City. The submittal and RFI process will be managed by the City. CH2M will also prepare the record drawings of the project, based on information provided


by the City and Consultant for changes that occurred during construction. The record drawings will be provided in electronic format of PDF, and convert the MicroStation files for final delivery of AutoCAD (dwg files) to the City. Upon closeout of the project CH2M will prepare an electronic record archival system, “eProjDox”, which will house the contents collected by CH2M and provided by the City/Consultant for the project on a DVD or other electronic media. Each of the following activities will be provided by CH2M in support of the construction of the project. 5.1 Pre-Construction Conference The City will organize, provide venue, create the agenda and lead the pre‐construction conference to address technical issues and questions. CH2M will assist the City and attend the conference. 5.2 Construction Observation Services CH2M will provide limited onsite observation services, as determined by the City. CH2M will provide code required structural and geotechnical code required engineer‐of‐record inspections. Materials testing and specialty inspections that will be required by the building department is to be provided by the City. For purposes of the budget, CH2M proposes to provide 8 hours of on‐site observation time per week for the duration of expected construction. The expected construction duration is 20 months of active construction. This limited budget will include time for our design staff involvement on an as needed basis to assist in the observation function and to ensure adherence to design concepts, as needed/requested by the City. Structural observations for the work is expected to be 192 hours for all three structures to meet the required code observations and prepare the reports for the building official. Geotechnical observation and confirmation testing is expected to be required during construction of retaining structures and deep foundation systems. For the purpose of this cost estimate it is assumed that half-time observation by a CH2M geotechnical professional will be required for a period of up to eight weeks during construction of retaining systems and deep foundation expected for the standpipe. Deep foundations for the 4MG reservoirs are not planned. This duration of oversite is anticipated to cover required special inspections of prepared subgrade by the geotechnical engineer of record. This task duration does not cover continuous observation of fill placement and compaction, nor material testing. In addition, it is expected that laboratory testing and/or confirmation field testing will be necessary. A placeholder of $5,000 has been included in the budget for geotechnical


confirmation testing. 5.3 Office Construction Services CH2M will provide the following administrative and office engineering services in support of the construction phase as identified below:

Plans and specification interpretation Change order consultation RFI Consultation Shop drawing review Operational testing

5.4 Post Construction Services Following formal construction activities, the following services will be provided in support of the project closeout.

Substantial Completion and Close-Out. CH2M will coordinate and participate in the construction close‐out process, including a design team/City substantial completion inspection and punch‐list development.

Following the collection and compilation of operations and maintenance (O&M) data by the Consultant, CH2M will review and combine it into the eProjDox electronic system. The Consultant will be required to provide hardcopy O&M manuals during the close‐out phase of the project as well as electronic deliverables.

Record Drawings. CH2M will finalize the project drawings to reflect the construction of the project.

These records drawings will represent the redline information collected by the City’s on‐site observer, and the Consultant. The drawings will be provided electronically in PDF, and in AutoCAD format drawing files converted from MicroStation. Hardcopies of the drawings will be created by the City as desired from these records.

Electronic Project Records and Completion Documentation using CH2M’s eProjDox©. eProjDox is an Electronic system allowing for a paperless project and to provide the Water Department with a comprehensive and user-friendly project record retrieval system at the end of the project. To provide all relevant and pertinent information in an organized electronic format for easy retrieval. CH2M will provide the eProjDox© system of electronic filing and retrieval system for storage and retrieval of important and relevant project records as the final delivery of the project record. At the completion of the project, CH2M will provide the City with a compendium of design and construction documentation easily accessed


through a user-friendly interface, much like a web site. CH2M will incorporate City records into the system as they are provided. Start-up/Commissioning. For startup services, CH2M have budgeted 60 hours of time for the project. The City will direct the desired commissioning services of CH2M on an as-needed basis. Building Department and other agency permit closeout. Typically Building Departments require a closeout report for building permit completion. This would include a report from the geotechnical and structural engineers providing a sealed document stating the work done under these disciplines was completed as required. Warranty Inspection. One year following startup and operation of the system, a final warranty inspection by the City, CH2M and the Consultant will be performed. This inspection will be led by the City. A findings report of the technical elements of the project will be prepared by CH2M and provided to the City.

TASK 6—PROJECT MANAGEMENT

Project management will be ongoing throughout the duration of the project as CH2M works closely with the City to ensure that the project meets schedule, budget, and technical requirements. Frequent communications, including prearranged specific meetings, design workshops, telephone conversations, and intermittent meetings will occur with City staff as the project proceeds. The project manager will also ensure that your design and operational philosophies are incorporated into the project and that the project proceeds as planned. CH2M will provide a summary report of work completed for each monthly invoice and note work anticipated for the next work period and any issues of concern on the project. The consultant team will meet on a monthly basis or as required to an average of once per month with the City to discuss the status of the project. CH2M will use Microsoft Project software to monitor and update project status and submit a copy to the City with each invoice. Overall project management of the consultant team will be the responsibility of CH2M which includes coordinating and communicating to ensure the project team is meeting scope, schedule, and budget. The project manager will be supported by a multi-person team including an overall quality assurance manager, senior advisors, and support staff. To initiate communications and guide all team members, a series of guiding plans will be created, and will include:

Project design management plan Design quality management plan


Health and safety plan (H&SP) Projected project cash flow Change management plan

Ongoing monthly status reports will be provided by the consultant for the consultant team’s work efforts. These monthly updates will provide a summary of the progress completed in the preceding month and identify unresolved or changed issues that need to be addressed. This report will be provided with the monthly invoice and tracking schedule. Weekly project manager meetings (in-face or telecon as mutually agreed) will be held between the client and consultant project manager. The intent of these meetings will be to maintain close communications and address overall project issues. Other design team members may be included in these weekly project manager meetings, to address specific issues. These meetings will have a standing agenda and accurate meeting notes will be compiled to document the discussion. This work element also includes project management coordination and communication with the project team, which will include facilitated weekly design team teleconference meetings. The City is welcome to attend these weekly design team meetings. Work Plan Assumptions City Responsibilities and Consultant Assumptions

City will provide review comments to memorandums and design deliverable plans and specifications within 15 working days following receipt deliverables, adding one additional workweek for each of the 60% and 90% deliverables.

City will schedule a total of two neighborhood/business meetings during design process. The consultant will not conduct a public involvement/education outreach program.

City will prepare correspondence and documents for award and contract signing of the Consultant.

Construction management and full‐time inspection will be performed by the City. City will pay for building permit applications and other agency permitting and approval

fees. Prequalification of potential Consultants will not be required. CH2M will prepare documents as specified for the City to package and submit

for land use permitting requirements. City will retain and pay direct for materials and specialty testing services for

construction activities. To facilitate rapid distribution of information, draft deliverables will be furnished

electronically whenever possible. Unless otherwise indicated, final deliverables will be provided as electronic files (Adobe PDF, Microsoft Word®, Microsoft Excel®,


Microsoft Access®, and or AutoCAD® as appropriate). Reproduction of any additional required copies shall be performed by the City.

Where the City reviews a Consultant work product, comments shall be provided as a single electronic file or hard copy mark–up document. Prior to furnishing to Consultant, the City shall screen and adjudicate all review comments to remove redundant or conflicting comments, or comments that are contrary to the direction of the Project Representative.

The City will assist the Consultant with scheduling and organization of meetings and workshops.

For work products not shown on the detailed project schedule (significant design deliverables), the City review comments will be provided to the Consultant within seven working days of receipt of the work product.

The City will provide access to City facilities including provisions of required safety equipment should such access be required.

Project Task Assumptions Any required permits for geotechnical work and right of entry will be obtained by

the City of Vancouver. It is assumed that the City of Vancouver will provide private utility information for

the site and assist with the utility locating tasks. The work will not include installation of groundwater monitoring wells since

previous investigations have shown the groundwater level to be very deep at the site.

Soils encountered during the field exploration will be free of environmental contamination requiring special monitoring, handling, testing, or disposal.

CH2M shall provide full-time observation and logging of geotechnical borings including soil classifications during field investigations.

Cuttings from geotechnical borings not used for laboratory testing will be spread out near the boring location and left onsite.

Based on a review of previously completed analyses, it is assumed that design of slope reinforcement or slope stabilization measures for the steep slopes will not be required.

A code-based seismic hazard evaluation will be completed for the project. This approach is generally allowed for water reservoirs in Washington provided the site is not susceptible to seismically induced liquefaction. The validity of this approach will need to be confirmed by the local building department to ensure that a site-specific seismic analysis will not be required.

In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the project cost and/or execution. These conditions and cost/execution effects


are not the responsibility of CH2M. The presence or duties of CH2M’s personnel at a construction site, whether as

onsite representatives or otherwise, do not make CH2M in any way responsible for those duties that belong to either the City and/or the construction Consultants or other entities, and do not relieve the construction Consultants or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work.

CH2M has no authority to exercise any control over any construction Consultant or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction Consultant or other entity or any other persons at the site except CH2M’s own personnel.

The presence of CH2M personnel at a construction site is for the purpose of providing to the City a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction Consultant. CH2M neither guarantees the performance of the construction Consultant nor assumes responsibility for construction Consultant's failure to perform work in accordance with the construction documents.

Project Schedule The schedule for delivering the project is provided in the herein attached Project Schedule (EXHIBIT A). This schedule indicates the evaluation, design, and general construction schedule for the project. In general, the design services will occur in 2017 taking approximately 1 year, with construction occurring during 2018/19.

All work must be authorized and approved by the City’s Project Manager in writing before any work begins. Consultant shall approach this project in a manner consistent with its customary practice. Consultant shall actively seek collaborative input from City staff. The standard of care applicable to Consultant's services will be the care and degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. Compensation is limited to the amounts listed in herein attached Table 1 and Table 2, unless amended per Section 15 of this Agreement. The City expects Consultant to complete the work stated within the number of hours stated for each task and/or sub-task. If the work requires fewer hours than those estimated, the Consultant will be paid for the actual worked hours necessary to complete that task and/or sub-task. If the Consultant underestimated the number of hours required to


perform the work, Consultant shall be paid up to the maximum number of hours stated for the task and/or sub-task. Compensation may be amended, at the City’s sole discretion, for documentable circumstances not reasonably foreseeable to either party at the time the task and/or subtask is initiated, or for changes to the scope of work or deliverables requested by the City. All deliverables must be acceptable to the City, at the sole discretion of the City.

Table 1 CH2M 2016 Rate Schedule for City of Vancouver

Cost Type Basis of Compensation

Labor Rates

Labor Costs Raw Salary Labor times 3.15 Adjustments (ranging from 3% to 6%) to

employee raw salary labor rates occur in

April of each year.

Expenses

Health and Safety Programa $1.75/hour

Personal Automobile Mileage Reimbursement Federally Accepted Rate

Survey Vehicle $0.90/mile or $54/day (whichever is less)

Mark-up on Direct Expenses 0%

Mark-up on Outside Services 10% a Labor rates for a few select field personnel will

include their health and safety program involvement resulting from being involved in field work or safety specific activities.


Summary of Task (Task 1) $ 188,705 $ 3,300 $ 8,690 $ 200,695 $ 200,69


Summary of Task (Task 4) $ 49,493 $ 1,000 $ 550 $ 51,043 $ 51,043


Table 2 City of Vancouver Water Station 1 Phase II Project Reservoir Replacements Engineering Services Fee Estimate Fee Breakdown by Task

Task No. Task Identification CH2M HILL Labor Expenses OSS Total Task Total

1.0 Task 1 Project Orientation & Planning 1,191 Hours

1.1 Project Orientation and Team Meeting $ 7,321 $ 1,000 $ 550 $ 8,871

1.2 Concrete Reservoir Size/Capacity Confirmation $ 5,695 $ 500 $ ‐ $ 6,195

1.3 1MG Standpipe Sizing and Siting Confirmation $ 5,740 $ 200 $ ‐ $ 5,940

1.4 System Hydraulics $ 14,110 $ 500 $ ‐ $ 14,610

1.5 Reservoir/Standpipe Mixing Analysis $ 21,795 $ 500 $ ‐ $ 22,295

1.6 Geotechnical Investigations $ 47,130 $ 300 $ 7,040 $ 54,470

1.7 Preliminary Design $ 53,227 $ ‐ $ ‐ $ 53,227

1.8 Land Use Permitting and Agency Meetings $ 24,551 $ ‐ $ ‐ $ 24,551

1.9 Building Permit Support Services $ 9,136 $ 300 $ 1,100 $ 10,536

2.0 Task 2.0 Schematic Design 30% 1,218 Hours

2.1 Schematic Design $ 191,140 $ 2,000 $ 10,450 $ 203,590


3.0 Task 3 Final Design WS1 Phase II 5,476 Hours

3.1 60% Design Development $ 321,477 $ 14,114 $ 7,387 $ 342,978

3.2 90% Pre-Final Design $ 307,953 $ 14,114 $ 11,000 $ 333,067

3.3 100% Design $ 217,880 $ 9,000 $ 11,000 $ 237,880

4.0 Task 4 Bidding Services 328 Hours

4.1 Bidding Services $ 21,776 $ 1,000 $ 550 $ 23,326

4.2 Conformed Drawings $ 27,717 $ ‐ $ ‐ $ 27,717

5.0 Task 5 Construction Support Services 3,464 Hours

5.1 Pre-Construction Conference $ 3,666 $ 100 $ ‐ $ 3,766

5.2 Construction Observation Services $ 268,837 $ 5,500 $ 11,307 $ 285,644

5.3 Office Construction Services $ 319,146 $ 3,000 $ 1,756 $ 323,901

5.4 Post Construction Services $ 51,116 $ 500 $ 1,650 $ 53,266

6.0 Task 6 Project Management 1,176 Hours

Project Management $ 262,749 $ 7,000 $ ‐ $ 269,749

Summary of Task (Task 6) $ 262,749 $ 7,000 $ ‐ $ 269,749 $ 269,749

Travel expenses are limited to airfare, or mileage at the current IRS rate, and lodging at the U.S. General Services Administration rates. Consultant is solely responsible for its staff’s travel

Total Fee $ 2,305,577


time, including travel to and from the City of Vancouver. The City will reimburse all pre-approved miscellaneous expenses at-cost and receipts are required. This agreement is a purchase of professional services at the rates attached. Payment for these services shall not exceed $2,305,577 unless authorized in writing by the City, according to Section 11 of this Agreement. If additional time is needed, please refer to Section 10 of this agreement. A written amendment must be attached. 2. Work Changes In the normal course of administering the work under this Agreement, the City may give directives to Consultant, either written or verbal, which may constitute a change to the Services or Schedule. If an instruction, directive or decision is given that Consultant believes is a change in scope or schedule, Consultant shall notify the City within seven (7) calendar days of receiving such directive or instruction. The notice shall state the general nature of the change, but need not include a detailed cost or impact estimate. Failure to give timely written notice relieves the City from any obligation to adjust the contract amount, scope or schedule as an amendment to the Agreement for Services. To the extent the City agrees that a change in the Services required or the Schedule has occurred, the parties shall agree to an amendment to this Agreement pursuant to the process set forth in Section 20 hereof. 3. Estimates of Cost The estimates of cost for the Project provided herein are to be prepared by Consultant through exercise of experience and judgment in applying currently available cost data. It is recognized that Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, Consultant makes no warranty that City's actual Project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant's opinions, analyses, projections, or estimates. However, Consultant will keep the City appraised of changes throughout the Project that significantly impact the estimated construction costs provided. If City wishes greater assurance as to any element of Project cost, feasibility, or schedule, City will employ an independent cost estimator, Consultant, or other appropriate advisor. 4. City- Furnished Data City will provide to Consultant all data in City’s possession relating to Consultant’s services on the Project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. All data furnished by City to Consultant shall be returned to City. 5. Reuse of Project Documents All reports, drawings, specifications, documents, and other deliverables of Consultant, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not, and are the property of the City. Reuse by the City, of any such


instruments of service, not occurring as a part of this Project, shall be without liability or legal exposure to Consultant. 6. Order of Precedence. Where there is a conflict among or between any of these documents, the controlling documents shall be the first listed in the following sequence: Amendments to this Agreement; this Agreement; Purchase Orders; Consultant’s submitted proposal to RFQ No. 20-16 and RFQ No. 20-16. 7. Relation of Parties. The Consultant, its subconsultants, agents and employees are independent Consultants performing professional services for City and are not employees of City. The Consultant, its subconsultants, agents and employees, shall not, as a result of this Agreement, accrue leave, retirement, insurance, bonding or any other benefits afforded to City employees. The Consultant, subconsultants, agents and employees shall not have the authority to bind City in any way except as may be specifically provided herein. 8. E-Verify. Consultant shall register and enter into a Memorandum of Understanding (MOU) with the Department of Homeland Security E-Verify program within sixty (60) days after execution of this Agreement. Consultant shall ensure all Consultant employees and any sub-Consultant(s) assigned to perform work under this Agreement are eligible to work in the United States. Consultant shall provide verification of compliance upon City request. Failure by Consultant to comply with this subsection shall be considered a material breach. 9. Time of Performance. The service of the Consultant is to commence as of November 24, 2016. It is agreed services hereunder shall be completed by December 31, 2020. 10. Delays and Extensions of Time. If the Consultant is delayed at any time in the progress of providing services covered by the Agreement, by any causes beyond Consultant's control, the time for performance may be extended by such time as shall be mutually agreed upon by Consultant and City and shall be incorporated in a written amendment to this Agreement. Any request for an extension of time shall be made in writing to City. 11. Compensation and Schedule of Payments. City shall pay the Consultant at the rates indicated in Section 1 for work performed under the terms of this Agreement. This is the maximum amount to be paid under this Agreement and it shall not be exceeded without City's prior written authorization in the form of a negotiated and executed amendment. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the project as set forth herein. The Consultant shall submit monthly invoices to City covering both professional fees


and project expenses, if any, for fees and expenses from the previous month. Payments to Consultant shall be net 30 days. The City reserves the right to correct any invoices paid in error according to the rates set forth in this Agreement. City and Consultant agree that any amount paid in error by City does not constitute a rate change in the amount of the contract. The City’s contract/purchase order (PO) number given on the notice to proceed must be referenced on any invoice submitted for payment. 12. Ownership of Records and Documents. All materials, writings and products produced by Consultant in the course of performing this Contract shall immediately become the property of the City. In consideration of the compensation provided for by this Agreement, the Consultant hereby further assigns all copyright interests in such materials, writing and products to the City. A copy may be retained by the Consultant. However, Consultant shall retain all right, title and interest in, and will have the right to use for any purpose, all pre-existing Consultant material, previously developed by Consultant or developed independent of the services. Consultant shall not be liable for damages or costs due to any reuse, modification or alteration of the work product by the City. 13. Termination. The City, at its sole discretion, may terminate this contract for convenience at any time for any reason deemed appropriate. Termination is effective immediately upon notice of termination given by the City. In the event this Agreement is terminated prior to the completion of work, Consultant will only be paid for the hours completed at the time of termination of the Agreement. 14. Evaluation and Compliance with the Law. The Consultant shall have the authority to control and direct the performance and details of the work described herein. The Consultant agrees to comply with all relevant, federal, state and municipal laws, rules and regulations. 15. City Business and Occupation License. In most cases, Consultants will be required to get a business license when contracting with the City of Vancouver, unless allowable exemptions apply. Businesses/Consultants shall contact the State of Washington Business License Service (BLS) at: http://bls.dor.wa.gov/file.aspx, telephone 800-451-7985, or www.cityofvancouver.us/businesslicense, to determine whether a business license is required pursuant to VMC Ch. 5.04. 16. Liability and Hold Harmless. Consultant agrees to indemnify, defend, save and hold harmless the City, its officials, employees and agents from any and all liability, demands, claims, causes of action, suits or judgments, including costs, attorney fees and expenses incurred in connection therewith, of whatsoever kind or nature (including patent infringement or copyright claims) to the extent arising out of, or in


connection with, or incident to, the negligent performance or willful misconduct pursuant to this Agreement. This indemnity and hold harmless shall include any claim made against the City by an employee of Consultant or subconsultant or agent even if Consultant is thus otherwise immune from liability pursuant to the workers’ compensation statute, Title 51 RCW, except to the extent that such liability arises from the concurrent negligence of both the City and the Consultant, such cost, fees and expenses shall be shared between the City and the Consultant in proportion to their relative degrees of negligence. Consultant specifically acknowledges the provisions contained herein have been mutually negotiated by the parties and it is the intent of the parties that Consultant provide the broadest scope of indemnity permitted by RCW 4.24.115. Consultant is an independent Consultant and responsible for the safety of its employees. 17. Insurance. Consultant shall obtain and keep in force during the entire term of this agreement, liability insurance against any and all claims for damages to person or property which may arise out of the performance of this Contract whether such work shall be by the Consultant, subconsultant or anyone directly or indirectly employed by either the Consultant or a subconsultant. a. Liability Insurance. Consultant shall maintain commercial General Liability insurance with a limit of not less than one million dollars ($1,000,000) for each occurrence and not less than one million dollars ($1,000,000) combined single limit automobile liability coverage. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operation and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement. All liability insurance required herein shall be under a comprehensive or commercial general liability and business, policies. b. City Listed as an Additional Insured: The City of Vancouver, its agents, representatives, officers, directors, officials, and employees must be named as an additional insured on the Commercial General Liability policy and shown on the certificate as an additional insured. A copy of the additional insured endorsement CG 20 10 11 85, or its equivalent CG 20 10 07 04 and CG 20 37 07 04 must be included with the certificate of insurance. c. The commercial general liability policy must be endorsed to include “Washington Stop Gap” insurance. The limits and aggregates referenced must apply to the Stop Gap coverage as well. This must be indicated on the certificate. d. Worker's Compensation. Consultant shall carry workers’ compensation insurance to cover obligations imposed by federal and state statues having jurisdiction of Consultant’s employees engaged in the performance of the work or services; and, Employer’s Liability insurance of not less than one million dollars ($1,000,000) for each accident, one million dollars ($1,000,000) for each disease for each employee, and one million dollars ($1,000,000) for each disease policy limit.


e. Umbrella Liability. The Consultant shall provide Umbrella Liability coverage at limits of not less than one million dollars ($1,000,000) per occurrence and annual aggregate. This umbrella liability coverage shall apply, at a minimum, to both the Commercial General and Auto insurance policy coverage. This requirement may be satisfied instead through the Consultant’s primary Commercial General and Automobile Liability coverage, or any combination thereof. f. Professional Liability. The Consultant shall obtain and keep in force during the entire term of this Agreement, professional liability insurance (errors and omissions) against any and all claims for damages to person or property which may arise out of the performance of this Contract whether such work shall be by the Consultant, subconsultant or anyone directly or indirectly employed by either the Consultant or a subconsultant. The amount of coverage provided by such insurance shall be not less than one million dollars ($1,000,000) on a claims made basis g. Employment Security. The Consultant shall comply with all employment security laws of the state in which services are provided, and shall timely make all required payments in connection therewith. h. The City of Vancouver shall be listed on the Certificate as the Certificate Holder. i. Coverage Trigger: The insurance must be written on a “occurrence” basis. This must be indicated on the certificate. Claims made policies will be accepted for professional liability coverage only. Consultant shall provide evidence of all insurance required, at the City’s request, by submitting an insurance certificate to the City on a standard “ACORD” or comparable form. 18. Notices. All notices which are given or required to be given pursuant to this Agreement shall be hand delivered or mailed postage paid as follows: City: Consultant: Kevin Yin Mark Johnson City of Vancouver CH2M HILL Engineers, Inc. 415 W 6th Street 2020 SW Fourth Ave 3rd Floor P O Box 1995 Portland OR 97201 Vancouver WA 98668-1995


19. Severability If any provision of this Agreement is found to be unconstitutional, illegal or unenforceable, this Agreement shall remain in full force and effect and the offending provision shall be stricken. The Court or other authorized body finding such provision unconstitutional, illegal or unenforceable, shall construe this Agreement without such provision to give effect to the maximum extent possible the intentions of the parties. 20. Amendments. All changes to this Agreement, including changes to the statement of work and compensation, must be made by written amendment and signed by all parties to this Agreement. If any provision of this Agreement is found to be unconstitutional, illegal or unenforceable, the remainder of this Agreement shall remain in full force and effect and the offending provision shall be stricken. The Court or other authorized body finding such provision unconstitutional, illegal or unenforceable, shall construe this Agreement without such provision to give effect to the maximum extent possible the intentions of the parties. This Agreement incorporates all the agreements, covenants and understanding between the parties hereto and are merged into this written Agreement. No prior agreement or prior understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless set forth in this Agreement. 21. Scope of Agreement. This Agreement incorporates all the agreements, covenants and understanding between the parties hereto and are merged into this written Agreement. No prior agreement or prior understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless set forth in this Agreement. 22. Ratification. Acts taken pursuant to this Agreement but prior to its effective date are hereby ratified and confirmed. 23. Governing Law/Venue. This Agreement shall be deemed to have been executed and delivered within the State of Washington, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Washington without regard to the principles of conflict of laws. The Consultant shall have legal authority to enter into this agreement and be at least 18 years of age. Any action or suit brought in connection with this Agreement shall be brought in the Superior Court of Clark County, Washington. 24. Cooperative Purchasing: The Washington State Inter-local Cooperation Act, Ch. 39.34 RCW, authorizes public agencies to cooperatively purchase goods and services if all parties agree. By having executed this Agreement, the Consultant agrees that other public agencies may purchase goods and services under this solicitation or contract at their own cost and without the City of Vancouver incurring any


financial or legal liability for such purchases. The City of Vancouver agrees to allow other public agencies to purchase goods and services under this solicitation or contract, provided that the City of Vancouver is not held financially or legally liable for purchases and that any public agency purchasing under such solicitation or contract file a copy of this invitation and such contract in accordance with RCW 39.34.040.

DATED this day of , 20__

CITY OF VANCOUVER, CONSULTANT: A municipal corporation CH2M Hill Engineers, Inc. __________________________________ __________________________________ Eric Holmes, City Manager Signature: Attest: __________________________________ By: Printed Name / Title __________________________________ Lloyd Tyler, City Clerk By: Carrie Lewellen, Deputy City Clerk Approved as to form: __________________________________ E. Bronson Potter, City Attorney