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Council Business Meeting December 5, 2017
Title: Approval of Personal Services Contract Wastewater Treatment Plant Outfall Relocation Preliminary Design and Permitting (2013-21-D)
From: Paula C. Brown, PE Public Works Director
paula.brown@ashland.or.us
Summary:
Before the Council is a personal services contract for professional engineering and design
services for the Wastewater Treatment Plant Outfall Relocation Design and Construction
Services with CH2M Hill Engineers, Inc. (CH2M). This project was released through an open
request for qualifications based proposals. CH2M was selected as the best qualified among three
proposers. This project has three phases; preliminary design and permitting; final design and
bidding; and construction services. Staff negotiated the scope of work for phase one, preliminary
design and permitting, and concurs with the costs for this service.
Actions, Options, or Potential Motions:
Council has the option to approve this contract or refer staff back for a new request for proposals.
Potential motions include:
1. Move approval of a contract for professional engineering and design services for the
Wastewater Treatment Plant Outfall Relocation Preliminary Design and Permitting.
2. Direct staff to reconsider a new solicitation for the Wastewater Treatment Plant Outfall
Relocation Design and Construction Services.
Staff Recommendation:
Staff recommends council move approval of the personal services contract for professional
engineering and design services for the Wastewater Treatment Plant Outfall Relocation
Preliminary Design and Permitting in the amount of $361,231.
Resource Requirements:
At the May 21, 2013 meeting, the City Council approved a DEQ State Revolving Fund loan for
$4,549,691 to fund the outfall relocation, water quality trading (shading) and lifecycle
replacement of membrane filters. This project is a part of those funds. Previous projects
included:
Membrane Filter Replacement (2013-06): $1,645,280
Outfall Relocation and Mixing Zone Study (2012-21): $185,388
Peer Review – Black and Veatch Corporation: $37,436
Water Quality Trading (2011-17) – The Freshwater Trust: $33,010
The 2017-19 Biennium Budget Wastewater Division includes funds for contracted services in the
amount of $465,000 for this project.
Page 2 of 2
Policies, Plans and Goals Supported: City Council:
2.1 Engage community in a conversation about core services, desired service levels and
funding mechanisms
21. be proactive in using best practices in infrastructure management and modernization
22. Prepare for the impact of climate change on the community.
Department Goals:
Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle
costs
Deliver timely life cycle capital improvement projects
Maintain and improve infrastructure that enhances the economic vitality of the
community
Evaluate all city infrastructure regarding planning management and financial resources
Background and Additional Information:
Staff advertised the request for qualifications based proposals on September 11, 2017 on the
ORPIN site, statewide, in the Mail Tribune, and on the City’s website. Three proposals were
received on October 12, 2017. Five City staff independently graded each proposal with the
criteria that was in the RFQ, with CH2M scoring the highest. The other two proposals were
from Kennedy / Jenks and Civil West. Staff sent a letter of intent to negotiate with CH2M on
October 16, 2017. CH2M met with staff to finalize the scope of work and cost proposal. They
subsequently submitted a final proposal on November 27th. Staff provided an email intent to
award on November 28th with formal written notification on December 6, 2017, conditioned on
Council approval of this contract.
The Outfall Relocation is one of several capital projects in the 2012 Comprehensive Sanitary
Sewer Master Plan (Keller Associates) that were identified to meet anticipated regulatory
temperature limits. The first project is the relocation of the current effluent outfall from Ashland
Creek to Bear Creek. In addition to being a part of the temperature solution, the current outfall
into Ashland Creek has been identified to create fish migration blockage, spawning and thermal
shock issues. A fish screen will be a part of the outfall relocation project.
Next Steps:
If approved, staff will execute the contract and initiate kick off meetings. Staff will host a page
on our website for project updates and open meeting announcements. Preliminary design and
permitting are scheduled for 9 months. A separate contract task will be executed for final design.
Attachments:
Personal Services Contract between the City and CH2M for $361,231 for the Wastewater
Treatment Plant Outfall Relocation Preliminary Design and Permitting which includes
CH2M Scope of work, cost and schedule.
Reference:
Request for Qualifications Based Proposals – Ashland Wastewater Treatment Plant
Outfall Relocation Design and Construction Services (available upon request –
tami.campos@ashland.or.us)
Contract for Personal Services, 06/19/2017, Page 1 of 5
Contract for Personal Services
20 East Main Street
Ashland, Oregon 97520 Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: CH2M Hill Engineering, Inc. CONTACT: Jason Smesrud / Dave Simmons ADDRESS: 2020 SW 4th Ave, Suite 300 Portland, OR 97201 TELEPHONE: 503-234-5022 EMAIL: DATE AGREEMENT PREPARED:
BEGINNING DATE: December 6, 2017 COMPLETION DATE: September 30, 2018
COMPENSATION: $361,231 as authorized for all optional tasks.
SERVICES TO BE PROVIDED: Professional engineering and design services for the Wastewater Treatment Plant Outfall Relocation Preliminary Design and Permitting (Phase 1) as shown on the attached scope of work (Attachment A) and schedule (Attachment B), and with contract modifications as shown on Attachment C.
ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department’s plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant’s proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,688.86 or more, Consultant is required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
Contract for Personal Services, 06/19/2017, Page 2 of 5
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days’ notice in writing
and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant’s performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker’s Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers’ compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $250,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
Contract for Personal Services, 06/19/2017, Page 3 of 5
$100,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days’ written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers’ Compensation, required herein, but only with respect to Consultant’s services to be provided under this Contract. The consultant’s insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City’s acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction’s conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City’s fiscal year budget. Consultant understands and agrees that City’s payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
Consultant: By _______________________________ Signature ________________________________ Print Name ________________________________ Title W-9 One copy of a W-9 is to be submitted with the signed contract.
City of Ashland By ____________________________________ Department Head ____________________________________ Print Name ____________________________________ Date Purchase Order No. ________________________
Contract for Personal Services, 06/19/2017, Page 4 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, it is an independent Contractor as defined
in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf
of the City, and Contractor has checked four or more of the following criteria that apply to its
business.
______ (1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
______ (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
______ (3) Telephone listing is used for the business separate from the personal residence listing.
______ (4) Labor or services are performed only pursuant to written contracts.
______ (5) Labor or services are performed for two or more different persons within a period of one
year.
______ (6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
__________________________________________________________
Contractor (Date)
Contract for Personal Services, 06/19/2017, Page 5 of 5
$14.81 per hour effective June 30, 2017
(Increases annually every June 30 by the
Consumer Price Index)
EXHIBIT B
City of Ashland
LIVING WAGE
For all hours worked under a
service contract between their employer and the City of Ashland if the contract exceeds $20,688.86 or more.
For all hours worked in a
month if the employee spends 50% or more of the employee’s time in that month working on a project or
portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $20,688.86.
If their employer is the City of
Ashland including the Parks and Recreation Department.
In calculating the living wage,
employers may add the value of health care, retirement,
401K and IRS eligible cafeteria plans (including childcare) benefits to the amount of wages received by the employee.
Note: “Employee” does not
include temporary or part-time employees hired for less than 1040 hours in any twelve-month period. For more details on applicability of this policy, please see Ashland Municipal Code Section 3.12.020.
Call the Ashland City Administrator’s office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city’s website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees.
C I T Y O F A S H L A N D , O R E G O N
ALL employers described below must comply with City of Ashland laws regulating payment of a living wage.
For additional information:
Employees must be paid a
living wage:
Exhibit A
City of Ashland ‐ Wastewater Treatment Plant Outfall Relocation Design and Construction Services
Phases 1A and 1B, Preliminary Engineering, Easements, Permitting, and Public Outreach
Scope of Work and Estimated Fee
Introduction The City of Ashland, Oregon (City) outlined the components of the Wastewater Treatment Plant (WWTP) Outfall Relocation Design (Project # 2013‐21‐D) in a public Request for Qualifications Based Proposals that closed on October 12, 2017. The project components described in that document were broken into the following project phases:
Phase 1A, Preliminary Engineering
Phase 1B, Easements, Permitting, and Public Outreach
Phase 2, Final Engineering and Bidding Services
Phase 3, Construction Services
Following evaluation of three qualifications‐based proposals, the City notified CH2M Hill Engineers, Inc. (CH2M) on October 26, 2017 that the City intends to begin contract negotiations for professional services with CH2M for the Wastewater Treatment Plant Outfall Relocation Design (Project # 2013‐21‐D). This document outlines our proposed approach, scope of work, and estimated fee to complete Phases 1A and 1B of the project as requested by the City. The City plans to contract for Phases 2 and 3 of the project separately.
Project Background and Objectives In August of 2017, CH2M finalized two reports for the City of Ashland that were submitted to the Oregon Department of Environmental Quality (DEQ):
CH2M. 2017. Ashland WWTP Outfall Relocation Study. Report prepared for the City of Ashland, August 2017.
CH2M. 2017. Outfall Mixing Zone Study – Ashland WWTP Outfall Relocation to Bear Creek. Report prepared for the City of Ashland, August 2017.
These reports were prepared to develop a concept for WWTP outfall relocation and to fulfill reporting commitments the City had made to DEQ during negotiation of their WWTP National Pollution Discharge Elimination System (NPDES) permit. The objective of this project is to relocate the WWTP outfall from Ashland Creek to Bear Creek to comply with new water quality regulations for mixing zones, temperature, and toxic substances.
The proposed outfall relocation site is in Bear Creek approximately 65 feet downstream of the confluence of Ashland Creek and Bear Creek. The site is located on City property, has natural conditions that promote rapid mixing, and was selected to avoid spawning areas in Bear Creek. The pipeline alignment from the WWTP to the new outfall site follows the Bear Creek Greenway trail and was selected for its avoidance of impacts to jurisdictional wetlands and sensitive riparian habitat and trees.
The City will be required to obtain several permits associated with the outfall relocation from various state and federal agencies. Coordinating agencies involved in consultation and permit issuance include U.S. Army Corps of Engineers (ACOE), Oregon Department of State Lands (DSL), U.S. Fish and Wildlife Service (USFWS), Oregon Department of Fish and Wildlife (ODFW), National Marine Fisheries Service (NMFS), State Historic Preservation Office (SHPO), DEQ, Oregon Water Resources Department (OWRD), and Jackson County.
Due to the pipeline alignment following the Bear Creek Greenway trail, the City will also need to obtain and easement from Jackson County and will need to coordinate construction phase impacts with the community members that uses this trail and the walking trail around Ashland Pond.
The intent of this project will be to complete permitting in 2018, final design in early 2019, and to construct the project during the summer in‐water work period (June 15 to September 15 annually) of 2019.
Scope of Work Our approach to completing Phases 1A and 1B of the project is organized into four main tasks, which are further subdivided into several subtasks. The tasks and subtasks include:
Task 1 Phase 1 Project Management and QA/QC
Task 1.1 Phase 1 Project Management
Task 1.2 Phase 1 QA/QC
Task 2 Public Involvement
Task 2.1 Public Involvement Plan Support
Task 2.2 Public Information
Task 2.3 Public Event
Task 2.4 Presentation Materials
Task 3 Permitting
Task 3.1 Joint Permit Application
Task 3.2 Wetland Delineation
Task 3.3 Biological Assessment and Fish Passage Plan
Task 3.4 Cultural Resources Assessment
Task 3.5 Local Permits
Task 3.6 CWSRF Environmental and Cultural Review
Task 3.7 Mixing Zone Study Coordination
Task 3.8 Meetings with Agency Staff
Task 4 Preliminary Engineering
Task 4.1 Surveying
Task 4.2 Geotechnical Evaluation
Task 4.3 Preliminary Design Drawings and Specifications
Task 4.4 Constructability Review
Task 4.5 Right of Way and Easement Acquisition Services
The work included under each subtask is detailed further in the following sections.
General Assumptions The level of effort and cost are based on the following general assumptions.
The outfall location and pipeline alignment that was selected in the Ashland WWTP Outfall Relocation Study (see Outfall Location #1 and Pipeline Alignment A in Exhibit C‐1) will be progressed through permitting, design, and construction
No major changes will be required to the Outfall Mixing Zone Study – Ashland WWTP Outfall Relocation to Bear Creek that was submitted to DEQ.
Except where noted, electronic and up to five (5) hard copies of final submittals will be provided
Drawings will be prepared in MicroStation (to be converted to AutoCAD during final engineering phase) and will be presented as half‐size (11”x17”) sheets in this phase. CH2M will work with City to establish appropriate drafting standards to facilitate appropriate conversions between design platforms.
Services covered under this project begins with Notice to Proceed and end with delivery of all deliverables noted under this scope of work.
City will provide CH2M with all data in City’s possession relating to CH2M’s services on the project in response to data requests from CH2M to the City. CH2M will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City.
City will make its facilities accessible to CH2M as required for CH2M's performance of its services and will provide labor and safety equipment as required by CH2M for such access. City will perform, at no cost to CH2M, such tests of existing equipment, machinery, pipelines, and other components of City's facilities as may be required in connection.
Additional assumptions are noted under individual subtasks.
City Provided Information and Services The level of effort and cost are based on the following general assumptions for City‐provided information and services.
City will provide design drawings in AutoCAD and PDF format for affected facilities
City will provide a copy of the geotechnical investigation and design reports prepared as part of the last WWTP expansion project
City will provide specifications and operations and maintenance data for existing facilities to be affected by planned improvements
City will provide locations of known utilities and utility easements in project area
City will provide documentation of the Cities ongoing efforts to enhance flows in Ashland Creek to include in permit applications and agency consultations
City staff will actively participate in public involvement and agency consultation meetings
City will provide timely responses to requests for information and review comments
Task 1 Phase 1 Project Management and QA/QC
Task 1.1 Phase 1 Project Management
This task includes activities needed to initiate, plan, manage, and close the project. Throughout the project, the CH2M project manager will maintain frequent and open communication with the City’s project manager and will work closely with the City’s project manager to anticipate changes in project needs. This task includes preparing the project execution plan/project instructions to assist in performing the work and preparing monthly progress reports and progress billings in a format approved by the City’s project manager.
Assumptions:
Assume 10 hours/month for Project Management
Project begins in December 2017 and ends in September 2018 for a 10‐month duration.
Deliverables:
Monthly progress reports submitted with invoice documentation.
Task 1.2 Phase 1 QA/QC
CH2M will prepare a Quality Management Plan (QMP) for the project to identify qualified reviewers for each major project deliverable. The QA/QC manager will follow up with staff throughout the project to ensure the plan is being followed. QA/QC time for specific reviewers is included within the respective work scope subtasks.
Task 2 Public Involvement
Task 2.1 Public Involvement Plan Support
City will prepare a public involvement plan (PIP) that meets City requirements and addresses Title VI and Environmental Justice regulations and CH2M Public Involvement Specialist will provide review and input to the plan. It is expected that the PIP will outline public involvement goals, identify audiences, define key communication messages, and identify public involvement tactics. CH2M will participate in up to two (2) meetings (by phone) with City staff to support development of the PI plan.
Assumptions:
City will be the prepare a draft public involvement plan and will solicit input on the draft from CH2M Public Involvement Specialist
City will provide initial contacts for interested parties list and will maintain list through project
City will prepare and track responses to public inquiries in a response log maintained through project
Deliverables:
Participation in up to two (2) meetings (by phone) with City to support development of the plan
Written review comments on the City‐prepared draft public involvement plan
Task 2.2 Public Information
CH2M will prepare one newsletter (up to 4 pages) to support project outreach during the pre‐design phase. CH2M will mail up to 100 copies of newsletter. Newsletter will be in color.
CH2M will prepare up to two media notices to support the pre‐design phase. Notices may include information about public meetings or field work that could impact trail users or the public.
Assumptions:
City will distribute media notices
Consultant will print and mail up to 100 newsletters
Deliverables:
One draft and final newsletter
Two media notices
Task 2.3 Public Event
CH2M will design and facilitate one (1) open house to review design progress and gather input on impacts and concerns. CH2M will develop a meeting plan for the open house, secure an ADA‐accessible meeting facility, develop meeting materials including display boards (up to six (6)) or a PowerPoint presentation, develop a feedback form, and provide a meeting summary. Advertising will rely on materials prepared in Task 2.3.
Assumptions:
CH2M will work with City to identify meeting dates and secure ADA accessible locations
Up to two (2) CH2M staff will attend open houses
Open house will be up to two (2) hours long
Open house materials will be provided only in English
CH2M will provide for refreshment/light snack for meeting participants
CH2M will plan for children’s activities at workshops and meetings but will not provide supervised childcare
Deliverables:
Meeting plan for open houses due one (1) month before each open house.
Draft and final open house materials. Draft materials are due one (1) month prior to open house. Final materials are due one (1) week following receipt of City comments.
One (1) online survey due two (2) weeks before open house.
Draft and final open house summary due two (2) weeks after final date of comment collection. Final summary is due one (1) week following receipt of City comments.
Task 2.4 Presentation Materials
CH2M will support City in making presentations to elected and appointed officials and community groups. CH2M will develop one slide deck of up to ten (10) PowerPoint slides that can be adapted for use with different groups.
Assumptions:
The CH2M project manager will attend up to three presentations or meetings
City will schedule meetings
Deliverables:
Draft and final slide deck
Task 3 Permitting
Task 3.1 Joint Permit Application
The following tasks provide for completion of the Joint Removal‐Fill Permit Applications for impacts to wetlands and waters of the State/U.S. It is assumed that permitting will be conducted during the development of the predesign report. This task includes identification of potential impacts, and preparation of state and federal wetland/jurisdictional waters permit applications including a conceptual mitigation plan. The following activities are included:
Prepare the Section 404 Joint Removal‐Fill Permit application for submittal to the ACOE and DSL
Coordinate with federal and state agency personnel
Develop a conceptual mitigation plan for unavoidable impacts
Coordinate with DEQ for Section 401 Water Quality Certification
Prepare an Erosion and Sediment Control Plan
Prepare documentation for Land Use Compatibility Statement
Assumptions:
This project will be permitted under the ACOE and DSL Individual Permit processes
The City will provide application and permit fees
Deliverables:
Joint Permit Application for submittal to the ACOE and DSL; Conceptual Mitigation Plan; Environmental Construction Specifications
Task 3.2 Wetland Delineation
CH2M will delineate jurisdictional wetlands within a 100‐ft wide corridor along the proposal outfall pipeline route.
Data collection and analysis will follow procedures in the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (USACE, 2010) Western Mountains, Valleys, & Coast 2016 Regional Plants List (Lichvar, et al., 2016)) will be used to determine hydrophytic status of vegetation. Wetlands and waters will also be evaluated for federal jurisdiction consistent with the U.S. Supreme Court’s decision in the consolidated cases Rapanos v. U.S. and Carabell v. U.S. (a.k.a Rapanos).
CH2M will complete a review of background information and data relating to potential wetlands within the project site, including:
National Wetland Inventory map
Local wetland inventory map
Natural Resources Conservation Service county soil survey map
Hydric Soils List, Jackson County, Oregon
FEMA floodplain map
National Hydrography Dataset (NHD) digital watercourse data
DSL wetland delineation reports and maps, if available
Aerial photograph
Field notes, photographs, GPS coordinates, and field maps from the previous field effort
Conclusions from the data review will be documented in a draft report for City review. The wetland delineation report will be prepared according to (OAR) 141‐090‐0005 to 141‐090‐0055. After review of draft report by the City, a final wetland delineation report will be prepared that incorporates review comments. CH2M will coordinate with DSL to submit for concurrence with the submitted delineation report (Jurisdictional Determination).
Assumptions:
Two field days, including travel time, for two CH2M staff are included within this scope to conduct the wetland field investigation
The report should be considered a Preliminary Jurisdictional Determination and used at the City’s own risk until it has been reviewed and approved in writing by DSL in accordance with (OAR) 141‐090‐0005 through 141‐090‐0055, and by the ACOE
The City will provide application and permit fees
The City will provide the DSL delineation review fee
Deliverables:
A draft and final wetland delineation report will be prepared for submission to ACOE and DSL. Deliverable will include a technical report suitable for submission to the state and federal wetland regulatory agencies and will include supporting graphics, including map showing delineated wetland and water boundaries.
Task 3.3 Biological Assessment & Fish Passage Plan
This task includes the development of a Biological Assessment (BA) to be used during the consultation with NMFS under the federal Endangered Species Act (ESA) for Chinook and Coho salmon and steelhead trout. The ESA consultation will also include consultation with NMFS under the Magnuson‐Stevens Act for essential fish habitat. The ESA consultation will include compliance with fish passage requirements. The objective of the ESA consultation will be to obtain a Biological Opinion and an Incidental Take Permit for the project. The following activities are included:
Prepare the BA for submittal to the ACOE and the NMFS for the ESA consultation
Prepare a Fish Passage Plan for activities during construction of the outfall
Develop conceptual avoidance and minimization measures
Coordinate with federal agency personnel
Assumptions:
One meeting with NMFS staff attended by up to two CH2M HILL staff
Chinook and Coho salmon and steelhead trout are the only listed species evaluated in the BA and for the ESA consultation
Sediment sampling in Ashland or Bear Creek will not be required for the ESA consultation process
Detailed life histories or stock status descriptions for listed species are not required
Existing habitat and fisheries data for Ashland and Bear Creek are adequate for preparation of the BA
Avoidance and minimization (conservation) measures will be developed to the conceptual level
The fisheries and water quality study area will include Ashland and Bear Creek and up to 0.5 miles upstream and downstream from the existing and future outfall locations
Neither detailed mitigation nor monitoring plans nor detailed habitat survey or collection of fish will be required
A list of federal proposed and listed species that may be present in the project area will be obtained from the USFWS, NMFS, and the Oregon Natural Heritage Information Center
Agency review of final BA does not require additional information or analysis
Deliverables:
Draft BA for City review prior to ACOE and NMFS submittal
Final BA for review by the ACOE and NMFS
Documentation of Essential Fish Habitat consultation and the Fish Passage Plan during construction will be incorporated into the BA
Task 3.4 Cultural Resources Assessment
CH2M will conduct an intensive Phase 1 inventory of the project where potential ground‐disturbing actions are expected to occur. This phase "identifies" surface or buried resources, if they exist. If areas of low visibility and high probability for cultural resources are encountered, CH2M will conduct up to 20 exploratory shovel probes in the project footprint, to help determine if subsurface archaeological deposits may exist within the project area. To conduct exploratory archaeological probes on public lands (state, county, or city), an archaeological excavation permit is required per state law (Oregon Revised Statutes [ORS] 390.235). The permit requires a 30‐day review period by the State Historic Preservation Office (SHPO) and any tribes as identified by the Legislative Commission on Indian Services (LCIS).
Once fieldwork is completed, the findings are documented in a professional technical report prepared to the standards of the Oregon State Historic Preservation Office (SHPO). If the findings of this effort are negative, then no further work may be required.
Assumptions:
Field work assumes one CH2M staff for up to three days in the field.
No buried resources will be identified during the Phase 1 (Identification) effort, and neither Phase 2, Evaluation or Phase 3, Mitigation phases will be required.
If the Phase 1 field effort identifies buried resources, CH2M will demobilize and work with the City to identify necessary Phase 2 Evaluation efforts (not included in this scope of work).
Project is located on public lands (state, city, or county lands) and will require an archaeological excavation permit application to conduct exploratory probing.
No comments will be received from SHPO or area tribes that will impact the scope of work or schedule of the fieldwork.
No structures older than 50 years exist within the project area, which would require the assistance of an architectural historian.
Up to 20 shovel test probes excavated up to 36 inches deep at cultural resources specialist discretion.
Tribal consultation pursuant to Section 106 compliance as a part of any necessary permit condition will be handled by the lead federal agency.
Assuming one round of comments on the technical report from the client.
Deliverables:
Archaeological excavation permit application.
Draft and final cultural resources technical report prepared to the standards of SHPO
GIS shape files of the survey and shovel testing areas for distribution to the SHPO.
Task 3.5 Local Permits
The purpose of this subtask is to acquire appropriate local permits and approvals. Application for a Jackson County Land Use Review/Conditional Use Permit, a Jackson County Floodplain Development Permit, and city of Ashland permits are included in this task.
Task 3.5.1 Jackson County Land Use Permit
The Land Use Review application requires a project description and legal descriptions of the properties involved. The main section of the application requires narrative responses (i.e., findings) to all relevant portions of the Jackson County Development Code. In addition, the application requires a series of maps and figures to show information including, but not limited to, the project location within the jurisdiction, the applicable zoning districts, project and adjacent land parcels, wetlands and other environmentally sensitive areas, existing and proposed access roads, all proposed improvements, and all proposed construction and temporary staging areas. This task includes the following:
Prepare pre‐application materials. Materials needed include a project description and a couple figures.
Attend a pre‐application meeting with the Jackson County Planning Department. Two CH2M staff are assumed.
Prepare a CUP application for Jackson County. The outcome of this task will be a completed CUP application and a definitive schedule for the CUP review for the county.
Prepare one response to an incomplete application letter or request for additional information.
Review staff report for technical accuracy and mitigation requirements prior to public hearing.
Track post‐hearing appeal periods and status of the various decisions.
Assumptions:
City staff will attend the pre‐application meeting with CH2M.
City staff will act as main presenter at the public hearings, with assistance of the CH2M planner. Assumes one hearing.
A public hearing will not be required.
Response to one incomplete application letter.
City will provide application fees.
Deliverables:
Materials for pre‐application meeting and public hearing.
Jackson County Land Use Review application packet.
Task 3.5.2 Jackson County Floodplain Development Permit
CH2M HILL will prepare the Jackson County Floodplain/Greenway Application. Included in the application will be the requisite site plan and engineer’s statement of compatibility with applicable criteria. This task includes the following:
Prepare application materials. Materials needed include a project description, site plan map, delineated floodplain map, NFIP and Specialty Codes certification, description of any watercourse alteration, and proof of application for required permits from other regulatory agencies.
Assumptions:
Preparation of a HEC‐RAS model will not be required.
Design calculations for flood control structure hydraulics and berm stability prepared as part of Task 4 (Preliminary Engineering) will be sufficient to address any calculations requested by Jackson County.
Deliverables:
Floodplain Development Permit Application packet.
Engineer’s statement of compatibility with applicable criteria.
Task 3.5.3 City of Ashland Land Use Review/Conditional Use Permit
CH2M will prepare the application materials for the Land Use Review and Conditional Use Permit. Task include the following:
Prepare pre‐application conference application materials. Materials needed include a project description and site plan.
Attend a pre‐application meeting with the City of Ashland Planning Department. Two CH2M staff are assumed.
Prepare a CUP application for City of Ashland. The outcome of this task will be a completed CUP application and a definitive schedule for the CUP review for the city.
Prepare a mitigation plan to include measures to protect vegetation and water resources from sedimentation and measures for restoration and/or enhancement for unavoidable impacts.
Assumptions:
This assume a Type II Land Use Review.
Preparation of this application will utilize information and documents generated by other tasks discussed herein as appropriate.
The City will provide application and permit fees.
Deliverables:
Pre‐application Conference Request packet.
CUP Permit Application, including mitigation plan.
Task 3.5.4 City of Ashland Physical Constraints Review Permit
CH2M will prepare the application materials for the Physical Constraints Review Permit. Task include the following:
CH2M will prepare the Physical Constraints Review Permit application materials. Materials needed include a vicinity map, site plan, topographic map of the site that includes a slope analysis, tree map, and documentation of compliance with development standards for flood plain corridor lands.
Assumptions:
The Physical Constraints Review Permit will be conducted concurrently with Land Use Review and Conditional Use Permit.
Preparation of this application will utilize information and documents generated by other tasks discussed herein as appropriate.
The City will provide application and permit fees.
Deliverables:
Physical Constraints Review Permit application packet.
Task 3.5.5 City of Ashland Tree Removal Permit
CH2M will prepare the Tree Removal application and conduct the associated tree survey. This task includes the following:
Conduct a tree survey within the proposed construction corridor to document size, species, and location of all trees within the corridor.
Prepare the Tree Removal application materials. Materials needed include site plan showing size, species, and location of trees to be removed.
Prepare Tree Mitigation Plan for trees to be removed.
Assumptions:
Tree location and information will be documented in the field using GPS technology.
One field day for two CH2M staff are included within this scope to conduct the tree survey. Field survey will be conducted concurrently with the wetland delineation field survey.
Preparation of this application will utilize information and documents generated by other tasks discussed herein as appropriate.
The City will provide application and permit fees.
Deliverables:
Tree Removal Permit Application, including Tree Mitigation Plan.
Task 3.6 CWSRF Environmental and Cultural Review
CH2M will prepare Environmental and Cultural Review documentation following DEQ guidelines for Clean Water State Revolving Fund (CWSRF) financed projects to demonstrate compliance with federal cross cutting authorities. This task will include the following:
Schedule and conduct meeting with DEQ to discuss State Environmental Review Process (SERP) including Categorical Exclusion (CE) level of effort and procedures for interagency consultation.
Complete the Project Description for CE Candidate Form to include a transmittal memo, project description, and state/deferal agency review form.
Demonstrate compliance with federal cross cutter agencies, using the current DEQ Applicant Guide to the State Environmental Review Process, and consulting the Rural Utilities Service Green Guide.
Initiate interagency consultation (cross cutter letters), as needed.
Conduct investigations of existing environmental conditions (e.g., ORBIC database search for T&E species, SHPO records search, on‐site wetlands reconnaissance).
Consult with DEQ to confirm air quality permitting and compliance.
Prepare Environmental Review Report.
Assumptions:
City staff will attend the DEQ meeting with up to two CH2M staff.
Assume maximum 30‐45 days for cross‐cutter agency responses.
Assume there will be no need for NHPA Section 106 consultation, floodplain investigation, or evaluation of direct or indirect discharge to groundwater.
Environmental investigations will be conducted concurrently with wetlands, biological, and cultural resources tasks described above.
Deliverables:
Meeting notes from DEQ meeting.
Project Description for CE Candidate Form packet.
Documentation of compliance with cross cutter agencies.
Draft and Final Environmental Review Report.
Task 3.7 Mixing Zone Study Coordination
DEQ reviewed a draft version of the Outfall Mixing Zone Study – Ashland WWTP Outfall Relocation to Bear Creek (MZS) in June 2017 and a final version incorporating City and DEQ comments was submitted to DEQ in August 2017. This task covers CH2M support to the City in responding to further DEQ comments on the MZS and making minor modifications to the MZS to support permit renewal.
Assumptions:
A budget allocation for up to 20 hours of DEQ coordination and technical support is provided.
Assume all DEQ meetings will be held via teleconference or coupled with other scoped trips to Ashland – no travel for meetings is included
Deliverables:
Meeting notes from any DEQ meetings and technical materials as requested and agreed to within the limitations of the budget allocation.
Task 3.8 Meetings with Agency Staff
This task covers meetings with agency staff during project permit development and agency consultations. Anticipated meetings include one pre‐application meeting with the following invitees: DEQ, ACOE, DSL, ODFW, NMFS, and Jackson County held in City of Ashland offices. Additional tele‐conference meetings will be held with individual agencies prior to the pre‐application meeting.
Assumptions:
Up to four (4) CH2M staff will attend the pre‐application meeting in Ashland.
Deliverables:
Meeting presentation/review materials
Meeting notes
Task 4 Preliminary Engineering The proposed alignment for the relocated WWTP outfall pipeline is as shown below in Exhibit 4‐1.
Exhibit 4‐1. Proposed horizontal alignment for Ashland WWTP Outfall Relocation
Task 4.1 Surveying
Task 4.1.1 Topographic Survey and Mapping
Prepare as‐built survey of existing trail and utility improvements along the proposed Outfall route from the WWTP to Bear Creek as shown on Exhibit 4‐1.
Ground shots will be obtained with GPS equipment and periodically checking into known control. Limited areas of the survey route are obscured above the GPS equipment by trees and other items that will prevent the equipment from obtaining the vertical and horizontal coordinates. In those areas, conventional survey methods and equipment will be utilized to gather the vertical and horizontal coordinates. The survey will be approximately 2,000 feet in length, with a corridor approximately 30 feet each side of the proposed pipeline centerline.
The as‐built survey will provide shots of the location of the underground utilities, including surface features (manholes, valve covers, etc.), curb lines, trees greater than 6‐inches diameter breast height (DBH), edge of paved trail, bollards, top and bottom of slope of Ashland Pond embankment, and existing WWTP structure corners at north end of WWTP. At two stream crossings, survey 75 feet each side of alignment, for distance 100 feet upstream and downstream of crossing.
Ground surface elevations will be measured at 25‐foot section intervals or at change in grades. Between 3 to 8 shots will be provided at each section depending on the width of surface improvements. Utility locate requests will be submitted to OneCall Locating Service prior to field survey measurements.
Survey geotechnical boring locations marked in the field by boring contractor (assume less than 10 boring locations). The survey of the boring locations will be performed after all borings have been completed and will be independent of the outfall corridor survey.
Prepare AutoCAD basemapping for entire alignment. Prepare one continuous basemap of as‐built survey information and geotechnical boring location. The basemap will be provided in an AutoCAD electronic file.
Assumptions
Mapping shall be provided in accordance with CH2M CAD standards.
Horizontal accuracy shall be plus or minus 0.1 feet and vertical accuracy shall be plus or minus 0.2 feet.
The vertical and horizontal datums will be NGVD 29 and the City of Ashland’s standard horizontal datum.
The City will arrange for entry to the proposed drill locations and will provide signage and bicycle/pedestrian traffic control as required to alert and protect users of the Bear Creek Greenway path about the field explorations. No additional traffic control is assumed to be required and no temporary traffic control effort is included in this scope.
No warranties will be made as to the accuracy of the GIS tax lot base map obtained from the County and City to use in plotting the coordinates.
Deliverables
One 1”=20’ scale continuous Base Map prepared in AutoCAD Version 2013 or later showing all required street and utility improvements. Items to be shown are field located geotechnical bores, underground and surface utilities and appurtenances, edges of pavement, and structures. Invert and rim elevations of manholes and catch basins will be shown. Contour interval shall be shown at 1 foot.
3D triangles for Triangular Irregular Network (TIN)
ASCII files of all surveyed points (PN,X,Y,Z,D)
Copies of all field notes
Surveyor’s Report describing methods and procedures used to acquire the surveyed data
4.1.2 Subsurface Utility Potholing Contingency (Optional)
This task is a City‐owned contingency for CH2M to support the City in any potholing determined necessary through the course of design. This contingency shall only be used with specific written permission of the City project manager. This task only covers coordination with City and survey of all pothole locations with the assumption that City crews or City‐contracted potholing contractor will conduct any potholing.
Assumptions:
Up to 8 hours of CH2M staff coordination and up to 8 hours of survey staff time is included.
City to perform subsurface utility investigation with City crews or with City‐contracted potholing contractor if required.
It is expected that utility potholing reports will be prepared by others if any potholing work is performed under this task.
Deliverables
Survey coordinates of pothole locations.
Task 4.1.3 Legal Descriptions and Exhibits
Provide legal descriptions and exhibits for acquisition of temporary construction easements and permanent easements from Jackson County.
Assumptions:
Draft easement exhibit will be used as basis for negotiation with property owner.
The generally‐agreed easement locations will be formalized by a final easement exhibit, and an accompanying legal description prepared.
Updates to this final easement exhibit and legal description will be subject to additional compensation.
Deliverables:
Draft easement exhibit
Final easement exhibit and legal description
Task 4.2 Geotechnical Evaluation
Task 4.2.1 Geotechnical Exploration and Laboratory Testing
This task covers the work necessary to perform a limited geotechnical site investigation along the alignment of the proposed outfall. The site investigation will include completion of up to seven shallow borings located along the proposed alignment, including borings on both sides of Ashland Creek at each of the two locations where the pipeline will cross the creek. In order to allow the City to match the level of effort with available funds, CH2M has proposed a baseline geotechnical exploration and laboratory testing plan (this subtask) and has identified an optional subtask for additional rock coring exploration and testing activities (Task 4.2.2) that we recommend to provide additional information and limit the potential for claims for differing site conditions during construction.
Prior to the start of the field exploration, CH2M will complete a one‐day site visit to review the proposed alignment, evaluate access conditions, document ground conditions, mark proposed boring locations, and gather information required for utility locates notification. CH2M will also complete a limited review of readily available published geologic mapping and subsurface information from any previous explorations at the WWTP that can be provided by the City.
CH2M will submit a utility locates and clearance request using the Oregon One‐Call Utility Notification Center. It is assumed that the City will also support utility locates and provide information on any known utilities along the proposed outfall alignment.
CH2M will provide full‐time observation and logging of borings. The soil/rock encountered will be identified by a geotechnical engineer or engineering geologist in accordance with ASTM D2488, Standard Practice for Description and Identification of Soils (Visual‐Manual Procedures), and recorded on exploration logs.
Baseline Approach
Each of the proposed seven borings will be advanced to the top of bedrock or to maximum depths of 15 feet for the borings located near stream crossings, or 10 feet for the other borings, if shallow bedrock is not encountered. Soil samples will be collected from the borings. However, rock coring will not be completed for the baseline geotechnical program.
Laboratory testing will be conducted on select soil samples obtained from the borings. Testing of soil samples is anticipated to consist primarily of general index property tests, (i.e. grain size, water content, and Atterberg Limits).
Task 4.2.2 Optional Rock Coring Add‐On (Optional)
This task is a City‐owned contingency for CH2M to add rock coring into the geotechnical exploration and laboratory testing plan. This contingency shall only be used with specific written permission of the City project manager.
In addition to the explorations proposed for the baseline approach, the optional add‐on will include coring of up to five feet of bedrock at each of the four creek crossing sites if it is encountered in the borings advance near the creek crossings. This could result in a maximum of 20 feet of rock coring. Rock cores obtained from this work would be classified and logged in accordance with ASTM D5434, Standard Guide for Field Logging of Subsurface Explorations of Soil and Rock.
In addition to testing on soil samples included in the baseline approach, laboratory testing of rock core will be limited to point load testing and/or unconfined compressive strength tests. Results of these tests can be used along with information from logging of the cores to evaluate diggability and/or rippability of the rock. The information may be useful for bidders in determining the ease or difficulty that may be associated with excavation of shallow rock along the proposed alignment. The information may be valuable in countering claims of differing site conditions that could come up during construction in an inexperienced contractor or contractor from outside the region is selected to complete the construction of the outfall.
Task 4.2.3 Geotechnical Data Report
This task consists of completing the activities needed to develop a draft and final geotechnical data report. The geotechnical report will be prepared so that it can be included with Contract Documents and will include a general description of the local geology, location map of the borings, a description of the exploration program, exploration logs, laboratory test results, and groundwater level observation information. The draft data report will be submitted for client review. After review comments are received from the City, adjudicated comments will be incorporated and the final data report will be issued.
Deliverables
Electronic submittal of the draft geotechnical data report
Three hard copies and electronic submittal of the final geotechnical data report
Task 4.2.4 Geotechnical Recommendations Technical Memorandum
CH2M will analyze the data from the borings and geotechnical laboratory tests and use the data to provide design and construction recommendations for the proposed outfall that is anticipated to be installed using traditional open‐cut methods. CH2M will perform the following geotechnical assessment and analyses:
Develop soil conditions for the area of the proposed pipeline installation
Evaluate earthwork, site preparation, and preliminary grading considerations
Evaluate suitability of native materials for reuse onsite
Evaluate requirements for excavation slopes and shoring systems.
Evaluate the need for groundwater control and provide recommendation on what requirements should be included in the specifications.
Only if the optional rock coring add‐on scope is included: anticipated excavation difficulties where rock and/or cemented soils are encountered. Estimate rippability of rock and possible use of a rock trencher or non‐explosive rock splitting/breaking.
Deliverables
Electronic submittal of the draft geotechnical recommendations technical memorandum (TM)
Three hard copies and electronic submittal of the final geotechnical recommendations TM
Task 4.2 Assumptions:
The scope of services for the geotechnical task is based on the following assumptions:
CH2M will notify Oregon’s Utility Notification Center more than 48 working hours prior to performing subsurface explorations. The City will be responsible for locating and marking their own
underground utilities in the vicinity of the proposed borings and assisting CH2M with identification of other known utilities located along the proposed outfall alignment.
Up to seven (7) borings will be advanced along the alignment in areas easily accessible using a track‐mounted drill rig. The drill rig will be equipped with rubber tracks to lessen the potential impact to the existing paved bike path. Excavated soil from the borings will be drummed and removed from the site.
Completion of borings, logging, and abandonment of the borings for the baseline approach will take approximately eight hours of field activities to complete. An additional six hours of field work will be required to complete the field work for the alternative add‐on option.
One mobilization of a track‐mounted drill rig will be required.
The City will arrange for entry to the proposed drill locations and will provide signage and bicycle/pedestrian traffic control as required to alert and protect users of the Bear Creek Greenway path about the field explorations. No additional traffic control is assumed to be required and no temporary traffic control effort is included in this scope.
Soils encountered during the field exploration will be free of environmental contamination requiring special monitoring, handling, testing, or disposal.
The scope of work will not include analyses to evaluate the potential for seismically induced liquefaction of foundation soils beyond a screening assessment. No evaluation or discussion of ground improvement to mitigate for the potential for liquefaction will be included.
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 total project cost and/or execution. These conditions and cost/execution effects are not the responsibility of CH2M.
Task 4.3 Preliminary Design Drawings and Specifications
Task 4.3.1 Prepare 30% Drawings and Predesign Report
This subtask will include performing a hydraulic model evaluation for various flow considerations. The model will help confirm peak design velocities and pipe diameter.
Outfall drawings will be prepared to a 30% level of design completion with vertical and horizontal grades determined such that final design can continue without changes to the alignment. Prepare drawings including outfall plan, profiles and details. The drawings will be prepared using Microstation computer software (which, when construction is completed and record drawings prepared complete, are planned to be converted to AutoCAD by CH2M for delivery to the City). See anticipated drawing list as attachment to this scope.
This subtask will prepare a brief written summary of the recommended type and features of construction materials (pipe, manholes, valves, appurtenances), stream crossing requirements and scour analysis summary, easement summary, description of possible project phasing, and operational requirements for use of new and existing outfalls) for the new outfall pipeline. No specifications will be written in this task, but the design approach assumes use of EJCDC General Conditions, use of CH2M Supplementary Provisions (with input and confirmation from the City), CH2M Division 0 specifications, and use of CSI Formatted 49 Division technical specifications. A single bid package will be prepared for competitive bidding in a traditional design‐bid‐build approach as part of the later final engineering phase (not included in this scope of work).
Perform scour analysis to recommend depth of burial at Ashland Creek crossings. The study will evaluate factor(s) that limit the potential scour depth at the crossing locations. The field visit and background data review will help determine the most appropriate method for computing the safe depth of burial, as well the level of uncertainty likely needed to be included as a safety factor.
Surface restoration approach assumes existing surface features will be replaced to match existing.
Assumptions:
Open‐cut construction methods will be the basis of design for Ashland Creek crossings. Tunneling methods will not be evaluated or used.
No structural design or modifications to the UV basin (aside from a new wall penetration) will be required as part of the outfall pipeline connection at the WWTP.
No other modifications to the WWTP are assumed. Deliverables:
30% drawings (see Drawings list denoting drawings submitted with 30% design)
Specifications list
Brief Predesign Report
Task 4.3.2 Preliminary Cost Estimate
A preliminary cost estimate (in accordance with AACE International, the Association for the Advancement of Cost Engineering Class 3 Estimate) for all project design work will be integrated into the overall 30% cost estimate for the project.
The cost estimate will include a summary of project construction cost developed under this task and will also include cost‐to‐date, estimates of future design and construction management costs, property, and legal support.
Assumptions:
In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, CH2M 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, CH2M makes no warranty that City's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CH2M's opinions, analyses, projections, or estimates.
Deliverables:
Preliminary Design engineers estimate of probable cost with list of pay items.
Task 4.3.3 Design Workshop Meetings
Prepare for and participate in two design workshop meetings will be held with CH2M team and City staff. This assumes that City staff will participate in each workshop. The workshops will be 3 hours in duration with City staff at City offices.
The first workshop will be conducted following development of initial plan/profile drawings, and where preliminary recommendations for materials have been identified. The second workshop will occur following submittal of the preliminary design report and drawings, to review City comments and initiate the final engineering design phase.
Assumptions:
Review meetings will occur in City offices and will include one CH2M team staff member in City offices and other required CH2M staff members connecting via teleconference
Deliverables:
Meeting notes will be distributed electronically to staff present at the meeting
Task 4.4 Constructability Review
Weekly Brothers, Inc., as subconsultant to CH2M, will provide constructability input as part of the Preliminary Design phase of work. WBI will provide review and written comments and drawing annotations on draft alignment drawings, and stream crossing plan/profile drawings.
In this task, WBI will participate in design phase discussions on construction methods (up to the allowance of hours shown for this task).
WBI will participate in a single site visit with CH2M’s design team in Ashland to review site conditions, potential access needs and constraints. WBI will prepare a brief memorandum summarizing recommendations for key design features (excavation support, pipeline and outfall installation, dewatering, stream crossing methods, site access and staging requiremnets, and environmental protection considerations).
Future work, to be authorized separately, may include on‐consulting during design phase, and design reviews of milestone deliverables, focused on constructability of the proposed design.
Assumptions:
8 hours of design phase consulting on construction methods is assumed.
One site visit for one staff person is assumed, no overnight travel.
Deliverables:
Written recommendations for design, within 14 days following site visit.
Task 4.5 Right‐of‐Way and Easement Acquisition Services (Optional)
This task and its two subtasks are a City‐owned contingency for CH2M to support the City in right‐of‐way and easement acquisition services. This contingency shall only be used with specific written permission of the City project manager.
Universal Field Services (UFS), as subconsultant to CH2M, will provide Right‐of‐Way and Easement Acquisition Services as part of the Preliminary Design phase of work. Consultant (UFS) shall provide labor, equipment and materials to provide appraisal and appraisal reviews and assist City of Ashland thru the acquisition process. Right of way and easement activities shall confirm to the standards contained in the Uniform Act of 1970 and amendments, Oregon State Law and City of Ashland policies and procedures. It is assumed that right of way acquisition will be required from one property which will be impacted by the Project. Task 4.5.1 Title Reports/ Appraisals/Appraisal Review (Optional)
Consultant (UFS) shall be responsible for ordering and payment of preliminary title report if needed. Preliminary title reports may be needed for development of the legal descriptions and may need to be ordered prior to the preparation of legal descriptions.
Consultant (UFS) shall use Oregon state‐certified appraisers. Consultant (UFS) shall provide one real estate appraisal for each ownership (one property) 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 (UFS) shall provide no 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 (UFS) shall provide an appraisal review for each appraisal. The appraisal review will be conducted by another certified appraiser.
Assumptions:
No specialty reports will be required.
No expert witness fees for trial preparation and testimony are included in this scope.
One property, owned by Jackson County, is assumed to be impacted
Deliverables:
Preliminary Title Reports for properties impacted by the Project
One real estate appraisal (3 copies)
One real estate appraisal reviews (2 copies)
Task 4.5.2 Acquisition (Optional)
Consultant (UFS) shall conduct negotiations, on behalf of the City, for right‐of‐way and easement acquisition in accordance with the applicable State and Federal law, and the City’s policies and procedures.
Consultant (UFS) shall compile and/or prepare all essential documents to be submitted to owners and tenants as required. These include, but are not limited to project information letters, acquisition and relocation brochures, offer‐benefit letters, acquisition summary statements, copy of appraisal, map of acquisition (if not included in appraisal), and instruments of conveyance. Contractor shall make all offers in person or by certified mail.
Consultant (UFS) shall provide all property owners with:
A complete copy of the appraisal that just compensation is based upon at the initiation of negotiations.
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 (UFS) 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, etc.
Consultant (UFS) shall make every reasonable effort to acquire the right of way and/or 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.
Consultant (UFS) shall conduct negotiations for acquisition of real property in accordance with applicable State and Federal law. Consultant (UFS) will assist in clearing interests from title that are deemed necessary by the City of Ashland.
Assumptions:
No relocation (occupant, business, or tenant relocations from existing facilities) activity is anticipated.
City will pay closing costs.
Deliverables:
Draft and Final City approved right of way file for acquisition.
One completed negotiation file with deeds for recording.
Drawing List We anticipate including the following sheets in the outfall relocation design. Not all sheets may be included at the preliminary design stage.
Sheet Number Title
Scale (full size)
Included in Preliminary
Design
ASHLAND WWTP OUTFALL RELOCATION
1 COVER, SITE MAP, LOCATION MAP N/A X
2 CIVIL LEGEND AND ABBREVIATIONS AND GENERAL NOTES N/A X
3 SITE PLAN OVERVIEW AND KEY PLAN AND SURVEY CONTROL N/A X
4 OUTFALL PLAN AND PROFILE 1 1"=20 X
5 OUTFALL PLAN AND PROFILE 2 1"=20 X
6 OUTFALL PLAN AND PROFILE 3 1"=20 X
7 OUTFALL PLAN AND PROFILE 4 1"=20 X
8 OUTFALL PLAN AND PROFILE 5 1"=20 X
9 DETAILS – OUTFALL AND TRENCH DETAILS Varies
10 DETAILS – CONNECTION AT WWTP Varies X
11 DETAILS – AIR VALVES AND ACCESS MANHOLES Varies
12 CONSTRUCTION AREA AND ACCESS ROADS Varies X
13 ASHLAND CREEK CROSSING 1 PLAN Varies X
14 ASHLAND CREEK CROSSING 2 PLAN Varies X
15 ASHLAND CREEK CROSSING TEMPORARY CHANNELIZATION PLAN Varies X
16 ASHLAND CREEK CROSSING DETAILS Varies
17 BEAR CREEK OUTFALL PLAN Varies X
18 EROSION CONTROL PLAN AND SECTIONS Varies X
19 EROSION CONTROL DETAILS Varies
20 ASHLAND CREEK CROSSING 1 BANK RESTORATION PLAN Varies X
21 ASHLAND CREEK CROSSING 2 BANK RESTORATION PLAN Varies X
22 EFFLUENT PIPELINE CORRIDOR RESTORATION PLAN Varies X
23 BEAR CREEK OUTFALL RESTORATION PLAN Varies X
24 ASHLAND CREEK CROSSING RESTORATION DETAILS Varies
Estimated Budget CH2M will perform work on a time and materials basis. The budget for the Phase 1 work is $361,231 which includes four optional tasks totaling $20,731 that will only be utilized following written instruction from the City. The fee estimate is based on raw labor cost times 3.1 and expenses at cost.
A summary of total cost by top task is provided in the table below. A detailed breakdown of hours, labor costs, expenses, and total cost by subtask is provided in the attached Exhibit B.
Task # Task Name Fee
1.0 Phase 1 Project Management & QA/QC $28,237
2.0 Phase 1 Public Involvement $21,771
3.0 Permitting $157,766
4.0 Preliminary Engineering $153,457
Phase 1 Total $361,231
Schedule The following schedule is estimated for the Phase 1 work, assuming a notice to proceed is issued on or before December 5, 2017.
Activity Start Finish
Subconsultant Contracting and Project Initiation 12/6/2017 12/19/2017
Surveying, Geotechnical Exploration, Wetland Delineation, and Cultural Resources Assessment
12/20/2017 2/13/2018
Route Finalization 2/14/2018 2/27/2018
Preliminary Design Development 2/28/2018 5/22/2018
Securing Easements 3/28/2018 9/11/2018
Remove/Fill Permits and ESA Consultation 2/14/2018 8/28/2018
Securing Other Local Permits 3/28/2018 8/28/2018
*Assumes a pre‐application meeting can be scheduled with the agencies by May 1, 2018.
Exhibit B ‐ Level of Effort and Fee
City of Ashland ‐ Wastewater Treatment Plant Outfall Relocation Design and Construction Services
Phase 1A and 1B, Preliminary Engineering, Easements, Permitting, and Public Outreach(All rates and costs shown rounded to the nearest $)
Date: 22‐Nov‐17
Jason
Smesrud
Brady
Fuller
Brett
Isbell
Todd
Cotten
Mike
Eller
Vince
Rybel
Matt
Baldwin
Nick
Cavaleri
Travis
Laney
David
Wilson
Peggy
O'Neill
Steve
Mader
Paul
Seilo
Mark
Anderson
David
Fornander
Claudia
Steinkoenig
Dave
Sheldon
Nathan
Williams
Kristin
Hull
Eddie
Montejo
John
Hall
Coleen
Lossett
Dawn
Bierbaum
Terry
Goff
Project M
anager
Design
Manager
Quality Manager
Geo
technical and
Outfall Lead
Geo
technical
Support
Outfall Design
Senior Review
Pipeline Design
er
Estimator
CAD & Graphics
Mixing Zo
ne
Study
Permitting Lead
Regulatory
Strategy
Land Use
Permitting
Floodplain Permit
Fisheries
Permitting
Wetland
Delin
eation
Cultural
Resources
Erosion &
Sedim
ent Control
Public Outreach
Lead
Public Outreach
Technical W
riter
Accounting
Admin/Support
Rep
roduction
Hours $ Terra Survey
Inc.
Universal Field
Services
Weekly Bros. In
c.
Drilling Su
b and
Geo
tech Lab
Travel and Other
Expenses
2017/2018 rates $225 $225 $219 $214 $141 $214 $150 $83 $113 $225 $169 $225 $182 $225 $155 $150 $130 $148 $225 $104 $127 $97 $97 $82
Task # WBS Task/Subtask Name
1.0 Phase 2 Project Mangement & QA/QC
1.1 A1.80 Phase 2 Project Management 100 50 150 $27,359 $27,359
1.2 A1.85 Phase 2 QA/QC 4 4 $878 $878
Task Hours 100 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 50 0 0 154 $28,237 $0 $0 $0 $0 $0 $28,237
2.0 Phase 1 Public Involvement
2.1 A2.01 Public Involvement Plan Support 6 6 $1,350 $1,350
2.2 A2.02 Public Information 4 8 2 16 30 $3,921 100 $4,021
2.3 A2.03 Public Event 12 8 2 40 62 $8,225 $1,850 $10,075
2.4 A2.04 Presentation Materials 12 8 2 10 32 $5,095 $1,230 $6,325
Task Hours 28 0 0 0 0 0 0 0 24 0 0 0 0 0 0 0 0 0 12 66 0 0 0 0 130 $18,591 $0 $0 $0 $0 $3,180 $21,771
3.0 Permitting
3.1 A3.01 Joint Permit Application 20 6 6 6 6 12 80 6 12 2 6 162 $27,998 $300 $28,298
3.2 A3.02 Wetland Delineation 4 12 32 4 60 2 2 116 $17,897 $2,180 $20,077
3.3 A3.03 Biological Assessment & Fish Passage Plan 20 12 12 180 20 2 6 252 $39,719 $675 $40,394
3.4 A3.04 Cultural Resources Assessment 2 8 96 2 108 $14,012 $1,240 $15,252
3.5 A3.05 Local Permits
3.5.1 A3.05.01 Jackson County Land Use Permit 2 2 32 2 38 $6,786 $6,786
3.5.2 A3.05.02 Jackson County Floodplain Development Permit 2 2 24 28 $6,188 $6,188
3.5.3 A3.05.03 City of Ashland Land Use Review/Conditional Use Permit 2 28 2 32 $5,343 $410 $5,753
3.5.4 A3.05.04 City of Ashland Physical Constraints Review Permit 2 8 4 2 16 $2,866 $2,866
3.5.5 A3.05.05 City of Ashland Tree Removal Permit 2 4 20 8 2 36 $5,641 $5,641
3.6 A3.06 CWSRF Environmental and Cultural Review 8 24 6 10 2 2 52 $9,059 $820 $9,879
3.7 A3.07 Mixing Zone Study Coordination 4 16 20 $4,500 $4,500
3.8 A3.08 Meetings with Agency Staff 16 18 18 52 $9,433 $2,700 $12,133
Task Hours 84 6 0 6 0 6 6 0 48 16 214 28 32 28 198 78 96 12 0 0 20 0 8 26 912 $149,441 $0 $0 $0 $0 $8,325 $157,766
4.0 Preliminary Engineering
4.1 A4.01 Surveying
4.1.1 A4.01.01 Topographic Survey and Mapping 1 6 6 13 $2,156 $27,860 $30,016
4.1.2 A4.01.02 Subsurface Utility Potholing Contingency (Optional) 8 8 $1,201 $2,160 $3,361
4.1.3 A4.01.03 Legal Descriptions and Exhibits 1 1 2 $450 $2,400 $2,850
4.2 A4.02 Geotechnical Evaluation
4.2.1 A4.02.01 Geotechnical Exploration and Laboratory Testing 5 44 18 67 $9,037 $7,970 $1,350 $18,357
4.2.1 A4.02.02 Optional Rock Coring Add‐on (Optional) 2 12 14 $2,126 $3,882 $235 $6,243
4.2.2 A4.02.03 Geotechnical Data Report 5 22 2 5 2 1 37 $5,321 $200 $5,521
4.2.3 A4.02.04 Geotechnical Recommendations Tech Memo 8 30 2 5 2 1 48 $7,095 $200 $7,295
4.3 A4.03 Preliminary Design Drawings and Specifications
4.3.1 A4.03.01 Prepare 30% Drawings and Predesign Report 7 25 7 2 7 98 19 95 21 12 24 11 330 $45,716 $45,716
4.3.2 A4.03.02 Preliminary Cost Estimate 4 4 20 28 $3,159 $3,159
4.3.3 A4.03.03 Design Workshop Meetings 16 16 8 12 52 $11,251 $1,230 $12,481
4.4 A4.04 Constructability Review 4 6 10 $1,481 $5,850 $7,331
4.5 A4.05 Right of Way and Easement Acquisition Services (Optional)
4.5.1 A4.05.01 Title Report/Appraisals/Appraisal Review (Optional) 4 6 10 $1,481 $6,586 $8,067
4.5.2 A4.05.02 Acquisition (Optional) 4 4 $900 $2,160 $3,060
Task Hours 25 64 7 20 110 7 110 39 99 0 8 0 0 0 0 0 0 21 12 0 22 0 64 13 623 $91,374 $32,420 $8,746 $5,850 $11,852 $3,215 $153,457
TOTAL HOURS ‐ Phases 1A and 1B 237 70 11 26 110 13 116 39 171 16 222 28 32 28 198 78 96 33 24 66 42 50 72 39 1819
TOTAL $ ‐ Phases 1A and 1B $53,370 $15,795 $2,458 $5,575 $15,610 $2,821 $17,475 $3,251 $19,314 $3,600 $37,493 $6,300 $5,834 $6,300 $30,727 $11,677 $12,496 $4,889 $5,400 $6,887 $5,346 $4,859 $6,975 $3,191 $287,643 $32,420 $8,746 $5,850 $11,852 $14,720 $361,231
Total Labor
& Expense
Labor Expenses
Requested Modifications to the City of Ashland Standard Contract for Personal Services.
During our review of the sample City of Ashland Standard Contract for Personal Services, CH2M’s
contracts administrator requested that the following modifications be made to the standard terms.
Please let us know if the City would be amenable to making these modifications.
1. Addition of the following Standard of Care provision as a separate term or included as additional
language under Article 3 (Qualified Work).
Standard of Care
The standard of care applicable to Consultant's services will be the 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.
2. Modification to Article 9 (Indemnification) as follows. Underlined text are proposed insertions
and strikeout text are proposed deletions.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent arising out of or incident to the negligent acts, or errors or omissions in the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
CH2M HILL ENGINEERS CONTRACT ATTACHMENT C
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