Addendum 1 200020A003 EXHIBIT A EXHIBIT B Final for Posting.pdf

200020A003

ADDENDUM 1

EXHIBIT A

STATEMENT OF WORK

NOTE: The final form of this SOW will be included as Exhibit A to any Contract resulting from this RFP.

The SOW will be discussed during negotiations of the final Contract by the parties and must be based on the following sample SOW. Proposers must use this sample SOW to develop its Proposal, which shall identify all work and services described herein and address all design considerations and requirements:

The Consultant shall provide professional services as a responsible member of the project team and in accordance with the Standard of Care, with the goal of providing Owner with a complete usable facility meeting the Owner’s program requirements. The scope of this Contract covers Services during pre-design, design, permitting, construction, post construction and warranty for the Project. An understanding of the complexities of a project with the ORARNG, including special Army regulations and requirements, and the State of Oregon contracting process will be necessary in delivering to the Owner fully functional facility on-time, within program requirements and budget constraints. The Services that the Consultant shall perform for each phase of the Owens Summers Readiness

Center (the “Facility”) seismic upgrades (the “Project”) are described below.

Owner recently completed a seismic evaluation of the Facility and engineering design work (“Seismic Upgrade work”) for upgrading the Facility’s seismic resistance. Owner now requires Architectural services, in relation to the seismic work, to make the spaces within the Owen Summers Readiness Center building complete and usable. The Architectural work and Seismic Upgrade work be combined into one bid package:

Within the Architectural work, drawings and specifications, Consultant shall

1. Design a separation from the attic to the soffit areas around the building to include an insulation barrier.

2. Design replacement of the existing sheetrock material is the soffit areas with product the better meets the environment.

3. Design changes to the roofing area over room 100, correcting the valley on the South side of the gable.

Beyond drawings and specifications for the architectural work, Consultant shall

1. Estimate the cost of the seismic upgrades and the architectural work that needs to be completed.

2. Develop a bid package combining the Seismic Upgrade work and the Architectural work.

3. Submit the combined drawings and specifications to the local jurisdiction for plans review.

4. If subsequently authorized, provide construction administration support services and conduct weekly meetings with the Contractor and Owner and coordinate as needed with the structural engineer.

PROJECT PHILOSOPHY: Consultant shall perform professional Services for the design of the Project to obtain the greatest long-term value for the State, and to result in the prudent expenditure of public funds within the constraints of the project program, context, and budget. The project budget is estimated to be approximately $12,000,000 inclusive of design and permitting fees. In pursuing these goals, Consultant, with Owner's assistance and within the scope and term of this Contract, shall:

a. Perform Services in accordance with National Guard Pamphlet (“NG Pam”) 415-5, limiting Type

A Basic Services to no more than 3% of the estimated Construction Cost, limiting Type B Basic

Services to no more than 6% of the estimated Construction Cost and limiting Type C Basic

Services to no more than 3% of the estimated Construction Cost.

b. Perform Services which are appropriate for the context of the Project and the nature of its function, both present and future.

c. Avoid expenditure for aesthetic effect which are disproportionate when compared to the additional benefit to the Project as a whole.

d. Ensure the Services are completed on time and within budget.

e. Strive to reduce the construction cost of the Project while keeping life-cycle costs low.

f. Apprise Owner throughout the Project concerning the economic impact of all design decisions.

g. Document all Project requirements and verify, to Owner’s satisfaction, that requirements are included in the Construction Documents and final Record Documents per Owner’s requirements.

h. Reduce the number of toxic chemicals used on the Project in specified products, including those indicated on the Oregon DEQ Toxics Focus List, in compliance with the Oregon Department of

Administrative Services (“DAS”) Green Chemistry Procurement Guidelines” policy number 107-

009-0080-PO.

i. Develop a design that incorporates the requirement for ADA accessibly and meets operational workplace safety regulations, including the requirements of OR-OSHA for General Occupational

Safety and Health Rules, Division 2 (such as energy containment means, eyewash/shower stations, elevated access safety, and etc.).

REGULATORY COMPLIANCE: All Services must be performed in compliance with applicable Federal, State, and local statutes, regulations, codes, administrative rules, laws and other related requirements (collectively the

“Laws”). Services may include meeting with federal, State, county, and city permitting authorities; filing pre-application requests; and other activities to clarify requirements, constraints, and costs associated with the Facility. .

The Consultant shall become familiar with, and as necessary update, any pre-construction engineering studies to ensure the Project’s conformance with requirements for permits and approved plan reviews. These Services may be included in other phases of Services as determined by the Owner.

ALL SPECIFIED ITEMS SHALL BE STANDARD, cataloged, manufactured items or "off the shelf" items. No custom items are to be designed or specified without prior written authorization of Owner. No proprietary or "sole source" items shall be specified. Brand name products may be specified so long as "approved equal" is included with their specification, if there is no other practical method of specification.

QUALITY MANAGEMENT Quality management shall be a significant part of this Contract; as such the Consultant shall strive in accordance with the Standard of Care to provide the Owner with the highest quality Project, Services and work products within the Owner’s time, budget and programming constraints. The Consultant designs shall be based on Owner’s performance specifications. Consultant shall review Owner’s performance-based specifications and make recommend modifications for incorporation into this Project.

DESIGN MEETINGS The Consultant shall schedule and prepare agendas for all meetings, which involve the

Consultant's Services. The Consultant shall chair such meetings and shall record and distribute minutes of decisions and actions to Owner.

DESIGN PHASE SCHEDULE. The Consultant shall develop and update a detailed schedule that tracks major design-related activities (the “Design Phase Schedule”) on at least a monthly basis, in conformance with the Critical

Date Schedule (Exhibit E). The Design Phase Schedule shall utilize and not duplicate efforts of the Contractors’

Construction Schedule. The Consultant shall prepare a schedule of its activities through all phases of the Project.

The construction contractor(s) will be responsible for scheduling of construction activities. The Consultant is responsible for meeting the agreed milestone dates set forth in the schedule of Consultant’s design deliverables and

Exhibit E.

MONTHLY REPORTS: Consultant shall submit to the Owner on a monthly basis the "A/E’s Monthly Project

Report" that includes the Project report requirements of the Owner for the Project. The report must include a summary of the overall status of the Project and progress of the Work, Project impacts and relevant activities, and other non-Project impacts that relate to the Services of this Contract.

MILESTONE DELIVERABLES: The deliverables for this Project are construction plans and specifications. The

Consultant shall provide to the Owner two (2) sets of full size (D) construction plans and specifications, CAD/GIS drawings, and GIS data for compliance reviews according to the critical date schedule in Exhibit E.

Consultant shall provide Owner stamped and signed 100% construction drawings and specifications (see critical date schedule in Exhibit E). If subsequently authorized, Consultant shall complete construction administration oversight thirty (30) days after the construction activities are completed.

CAD AND GIS: The primary deliverables for this Project are construction plans and specifications. The Consultant shall provide to the Owner two (2) sets of full size (D) construction plans, specifications, and electronic CAD/GIS drawings, and ArcGIS data base for compliance reviews according to the critical date schedule in Exhibit E and the list below:

• 30% Schematic Design Package at the conclusion of Phase 1 – Site Investigation & Design Development

• 90% Design Document Package at the conclusion of Phase 2 – Construction Documents & Permitting

For Type C Basic Services, Phase 3 construction services (if Owner provides subsequent authorization as set forth below), the Consultant shall provide Owner with two (2) sets of full size (D) construction plans. Additionally, Consultant shall provide Owner with drawings in AutoCAD 2023 (note version requirements listed in CAD/GIS Products Deliverables Standards / Requirements below) via electronic transmission through Owner approved method. At completion of construction services (if Owner provides subsequent authorization as set forth below), the Consultant shall provide Owner with two (2) sets of full size (D) construction plans. Consultant shall also provide Owner with two (2) CDs, each with a complete set of drawings in AutoCAD (version 2023) DWG CAD/GIS drawings, ArcGIS data base and a complete set in PDF that include a table of contents.

CAD/GIS PRODUCTS DELIVERABLES STANDARDS AND REQUIREMENTS:

Consultant shall provide geo-spatial data and drawings in a manner that meets the following Computer-Aided Design & Drafting (“CAD”) and Geographic Information System (“GIS”) Product Deliverables Standards and Requirements:

The Consultant shall coordinate with OMD Project Manager to provide a GIS development plans as required. The plans provide a conceptual design of data (i.e. defining thematic map layers and associated attribute data but not providing detailed file structures, etc.) for the scope of the work to be performed.

CAD REQUIREMENTS

a) Digital drawing files must be submitted in AutoCAD Release 2023, DWG native file format, and in PDF format.

b) CAD drawings must be created per the A/E/C CAD Standard 6.0

c) Spatial data must use the horizontal North American Datum of 1983 (“NAD83”), and the North American Vertical

Datum of 1988 (“NAVD88”). The projection, datum, and coordinate system must be defined and documented. This means that the DWG file, when loaded by OMD’s AutoCAD system, must contain the correct projection, datum, and coordinate system as listed above – as an integral component of the drawing.

d) For CAD data to be input into OMD’s GIS database, a contractor-supplied “World File” must be generated for each CAD file. OMD’s CAD/GIS office will provide a World File Creation Routine upon request.

e) When submitting the electronic AutoCAD drawings, all externally referenced files (“XREFs”) must be bound to the drawing. In other words, the drawing must be able to be loaded completely from one file, while disconnected from Consultant’s CAD server or database – Consultant shall confirm this for all cad files prior to delivering to Owner

f) Hardcopy delivery must include one full-size set, and one 11x17 set.

The Owner’s Project Manager (“Project Manager”) for this Project is Mark Williams phone 503) 507-1519. Site visits for evaluations and design development must be coordinated with the Project Manager.

BASIC SERVICES

TYPE A BASIC SERVICES

PHASE 1 – SITE CONDITION INVESTIGATION & 30%bDESIGN DOCUMENT SERVICES

During the Site Conditions Investigation & Design Services phase, Consultant shall, consistent with the Standard of

Care, provide those Basic Services necessary to refine programming, site-related limitations, and general requirements for the Project. Designs will be conceptual in character and based on program requirements provided by Owner. Consultant’s Phase 1 Services shall be completed by the Phase 1 Critical Date identified in Exhibit E and shall consist of the following:

A.1.01 ARCHITECTURAL DESIGN/DOCUMENTATION Services. Consultant shall review record drawings and site conditions, respond to program requirements and prepare: conceptual building plans; preliminary sections and elevations; and development of approximate dimensions, areas and volumes. These Services shall also include the following:

a. Single-line drawings showing complete building layout, identifying the various major areas, core areas and their relationships.

b. Identification of all proposed finishes (includes all exterior surfaces, doors and windows).

A.1.02 STRUCTURAL DESIGN/DOCUMENTATION Services. CONSULTANT SHALL INCORPORATE

THE SEISMIC UPGRADE WORK COMPLETED BY MILLER CONSULTING ENGINEERS FOR A

COMPLETE BID PACKAGE.

A.1.03 PROJECT DEVELOPMENT SCHEDULING Services. Consultant shall update the previously established schedules for the Project.

A.1.04 STATEMENT OF PROBABLE CONSTRUCTION COST Services. Consultant shall develop a probable construction cost range, +/- 20%, for the Project (the “ Design Document Phase Statement of Probable Construction Cost”) based on the most recent design studies, current area, volume, or other unit costs, and expected Project contingencies and consistent with the construction cost budget.

Upon completion of Phase 1 Services Consultant shall provide to Owner:

1. 30% Design Document Package.

2. Design Document Phase Statement of Probable Construction cost

TYPE B BASIC SERVICES

PHASE 2 –BASIC SERVICES- 60% CONSTRUCTION DOCUMENTS & PERMITTING

In the Construction Documents and Permitting Phase, building upon the Owner-approved 30% Design Documents, the Consultant shall, consistent with the Standard of Care, provide those Basic Services necessary to prepare documentation consisting of construction drawings and other documents, including specifications, setting forth in detail the requirements for construction of the Project, as well as documents pertaining to bidding and contracting for the construction of the Project (the “Construction Documents”). Consideration shall be given to availability of materials, equipment and labor, construction sequencing and scheduling, economic analysis of construction and operations, Owner’s safety and maintenance requirements, sustainability and energy conservation. Outline specifications shall be prepared in accordance with the CSI standards.

Consultant’s Phase 2 Services shall be completed by the Phase 2 Critical Date identified in Exhibit E and shall consist of the following:

B.2.01 Upon written authorization from Owner to proceed, Consultant shall prepare, from the approved Design

Development Documents, working drawings and specifications setting forth in detail the requirements for the construction of the entire Project.

B.2.02 ARCHITECTURAL DESIGN/DOCUMENTATION Services. Consultant shall prepare drawings based on approved Design Development Documents setting forth in detail the architectural construction requirements for the Project.

B.2.03 STRUCTURAL DESIGN/DOCUMENTATION Services. CONSULTANT SHALL INCORPORATE

COMPLETE BID PACKAGE

B.2.04 PROJECT DEVELOPMENT SCHEDULING Services. Consultant shall review and update previously established schedules for the Project.

B.2.05 STATEMENT OF PROBABLE CONSTRUCTION COST Services. Consultant shall update and refine the Design Document Phase Statement of Probable Construction Cost of the Project related to the construction cost budget and shall take into consideration: availability of materials and labor; Project delivery; procedures; construction sequencing, and scheduling; changes in scope of the Project; and adjustments in quality standards. Completion of these Services shall result in the “Construction Documents Phase Statement of Probable Construction Cost.”

B.2.6 ALL SPECIFIED ITEMS SHALL BE STANDARD, cataloged, manufactured items or "off the shelf" items. No custom items shall be designed or specified without prior written authorization of Owner. No proprietary or "sole source" items shall be specified. Brand name products may be specified so long as "approved equal" or “equal” is included with their specification, if there is no other practical method of specification.

Upon completion of the above Phase 2 Services Consultant shall provide:

1. 60% Design Document Package for review.

2. STATEMENT OF PROBABLE CONSTRUCTION COST Services, taking into consideration: availability of materials and labor; Project delivery procedures: construction sequencing and scheduling; changes in scope of Project; and adjustments in quality standards as applicable.

PHASE 3 –BASIC SERVICES- 90% CONSTRUCTION DOCUMENTS & PERMITTING

In the Construction Documents and Permitting Phase, building upon the Owner-approved 60% Design Documents, the Consultant shall, consistent with the Standard of Care, provide those Basic Services necessary to prepare documentation consisting of construction drawings and other documents, including specifications, setting forth in detail the requirements for construction of the Project, as well as documents pertaining to bidding and contracting for the construction of the Project (the “Construction Documents”). Consideration shall be given to availability of materials, equipment and labor, construction sequencing and scheduling, economic analysis of construction and operations, Owner’s safety and maintenance requirements, sustainability and energy conservation. Outline specifications shall be prepared in accordance with the CSI standards.

Consultant’s Phase 3 Services shall be completed by the Phase 3 Critical Date identified in Exhibit E and shall consist of the following:

B.3.01 Upon written authorization from Owner to proceed, Consultant shall prepare, from the approved Design

Development Documents, working drawings and specifications setting forth in detail the requirements for the construction of the entire Project.

B.3.02 ARCHITECTURAL DESIGN/DOCUMENTATION Services. Consultant shall prepare drawings based on

B.3.03 STRUCTURAL DESIGN/DOCUMENTATION Services. CONSULTANT SHALL INCORPORATE

B.3.04 PROJECT DEVELOPMENT SCHEDULING Services. Consultant shall review and update previously

B.3.05 STATEMENT OF PROBABLE CONSTRUCTION COST Services. Consultant shall update and refine the Design Document Phase Statement of Probable Construction Cost of the Project related to the construction cost budget and shall take into consideration: availability of materials and labor; Project delivery; procedures; construction sequencing, and scheduling; changes in scope of the Project; and adjustments in quality standards. Completion of these Services shall result in the “Construction Documents Phase Statement of Probable Construction Cost.”

B.3.6 ALL SPECIFIED ITEMS SHALL BE STANDARD, cataloged, manufactured items or "off the shelf" items. No custom items shall be designed or specified without prior written authorization of Owner. No proprietary or "sole source" items shall be specified. Brand name products may be specified so long as "approved equal" or “equal” is included with their specification, if there is no other practical method of

Upon completion of the above Phase 3 Services Consultant shall provide:

1. 90% Design Document Package for review.

2. STATEMENT OF PROBABLE CONSTRUCTION COST Services, taking into consideration: availability of materials and labor; Project delivery procedures: construction sequencing and scheduling; changes in scope of

Project; and adjustments in quality standards as applicable

PHASE 4 –BASIC SERVICES- 100% CONSTRUCTION DOCUMENTS & PERMITTING

In the Construction Documents and Permitting Phase, building upon the Owner-approved 90% Design Documents, the Consultant shall, consistent with the Standard of Care, provide those Basic Services necessary to prepare documentation consisting of construction drawings and other documents, including specifications, setting forth in detail the requirements for construction of the Project, as well as documents pertaining to bidding and contracting for the construction of the Project (the “Construction Documents”). Consideration shall be given to availability of materials, equipment and labor, construction sequencing and scheduling, economic analysis of construction and operations, Owner’s safety and maintenance requirements, sustainability and energy conservation. Outline specifications shall be prepared in accordance with the CSI standards.

Consultant’s Phase 4 Services shall be completed by the Phase 4 Critical Date identified in Exhibit E and shall consist of the following:

B.4.01 Upon written authorization from Owner to proceed, Consultant shall prepare, from the approved Design

Development Documents, working drawings and specifications setting forth in detail the requirements for the construction of the entire Project. Additional requirements of the Construction Documents are:

B.4.02 ARCHITECTURAL DESIGN/DOCUMENTATION Services. Consultant shall prepare drawings based on

B.4.03 STRUCTURAL DESIGN/DOCUMENTATION Services. CONSULTANT SHALL INCORPORATE

B.3.04 PROJECT DEVELOPMENT SCHEDULING Services. Consultant shall review and update previously

B.3.5 ALL SPECIFIED ITEMS SHALL BE STANDARD, cataloged, manufactured items or "off the shelf" items. No custom items shall be designed or specified without prior written authorization of Owner. No proprietary or "sole source" items shall be specified. Brand name products may be specified so long as "approved equal" or “equal” is included with their specification, if there is no other practical method of

Upon completion of the above Phase 4 Services Consultant shall provide:

1. 100% Design Document Package for bidding and submission to the City for plans review.

TYPE C BASIC SERVICES BIDDING, CONSTRUCTION CONTRACT ADMINSTRATION SERVICES

(SUPERVISION, INSPECTION, OVERSIGHT (SIOH))

Upon subsequent written authorization from Owner, Consultant shall provide Type C Basic Services (Phase 4) as described in more detail below.

PHASE 4 – BASIC SERIVCES-Bidding Support Services (requires subsequent Owner written authorization)

In the bidding phase, following Owner's written instruction to proceed with Type C Basic Services, the Consultant, consistent with the Standard of Care, shall provide those Basic Services necessary to assist Owner in obtaining bids for the work required for the construction of the Project (the “Work”). In the case of phased construction, Owner may authorize bidding of portions of the Work prior to completion of the Construction Support Services phase.

Consultant's Services during Phase 3, Bidding Support Services, shall consist of, but not be limited to, the following:

C.4.01 ADDENDA Services. Consultant shall prepare, for distribution by Owner, addenda items to include but not limited to supplemental drawings, specifications, responses to clarification questions from bidders, and interpretations of the plans and specifications.

C.4.02 ANALYSIS OF ALTERNATES/SUBSTITUTIONS Services. Consultant shall consider, analyze, compare, and recommend alternatives or substitutions proposed by bidders prior to and after receipt of bids or proposals.

PHASE 5 - BASIC SERVICES – CONSTRUCTION CONTRACT ADMINISTRATION SERVICES

(SUPERVISION, INSPECTION, OVERSIGHT (SIOH)) (requires subsequent Owner written authorization)

In the construction contract administration phase, Consultant shall provide those Basic Services necessary for the administration of the Construction Contract as set forth in the General Conditions and Supplemental General

Conditions of the Construction Contract. Consultant shall receive and transmit information as a representative of

Owner during the construction of the Project and shall advise and consult with Owner. Instructions to Contractor shall be forwarded through Owner to Contractor. The construction phase for each portion of the Project will commence with the award of the Construction Contract to the Contractor and will terminate when the Construction Contract warranty period expires. Consultant’s Phase 3, Construction Contract Administration Services, shall be completed by the Phase

3 Critical Date identified in Exhibit E and shall consist of the following:

C.5.01 OFFICE CONSTRUCTION ADMINISTRATION Services. Consultant shall process submittals, including receipt, review of, and appropriate action on shop drawings, product data, samples and other submittals required by the Construction Contract and all documents specifically incorporated by reference into the Construction Contract (the “Contract Documents”). Consultant shall distribute submittals as required and shall maintain a master file of submittals and related communications.

C.5.02 INSPECTION COORDINATION Services. With respect to independent inspection and testing agencies, Consultant shall: administer and coordinate field testing and inspections by independent agencies as required by the Contract Documents; recommend the scope, standards, procedures, and frequency of testing and inspections; arrange for testing and inspection on Owner's behalf; notify inspecting and testing agencies of status of the Work requiring testing and inspection; evaluate compliance by testing and inspection agencies with required scope, standards, procedures, and frequency of testing and inspections;

review reports on inspections and tests and notify Owner and Contractor of observed deficiencies in the Work. Consultant shall oversee, and coordinate with Owner and Contractor, the review of any system furniture installation by the Contractor to verify that dimension requirements are met.

C.5.03 SUPPLEMENTAL DOCUMENTS Services. Consultant shall: prepare, reproduce and distribute supplemental drawings, specifications, and interpretations in response to requests for clarification by the Contractor or Owner and as required by construction exigencies; and forward Owner's instructions and provide guidance to the Contractor on Owner's behalf, relative to changed requirements and schedule revisions.

C.5.04 QUOTATION REQUESTS/CHANGE ORDERS Services. Consultant shall: prepare, reproduce and distribute drawings and specifications to describe Work to be added, deleted, or modified; review proposals from Contractor for reasonableness of quantities and costs of labor and materials; review and make recommendations regarding changes in time for substantial completion; review and make detailed recommendations, including, if requested, a specific alternative cost breakdown, regarding impact on space planning design; negotiate with Contractor on Owner's behalf regarding costs of Work proposed to be added, deleted, or modified; assist in the preparation of appropriate modifications of the Construction Contract; coordinate communications, approvals, notifications, and record keeping regarding changes in the Work.

C.5.05 PROJECT CLOSEOUT Services. Upon notice from the Contractor that the Work, or a designated portion thereof which is acceptable to Owner, is sufficiently complete, in accordance with the Contract Documents, to permit occupancy or utilization for the use for which it is intended, Consultant shall:

a. Perform a detailed inspection, with Owner's representative, of the Work for conformity to the Contract

Documents to verify the list submitted by the Contractor of items to be completed or corrected; and determine the amounts to be withheld until final completion.

b. Issue certificates of substantial completion and perform inspection(s) upon notice by Contractor that the Work is ready for final inspection and acceptance.

c. Notify Owner and Contractor of deficiencies found in follow-up inspection(s), if any;

d. Perform a final inspection with Owner's representative to verify final completion of the Work, and receipt and transmittal of warranties, affidavits, receipts, and releases and waivers of lien or bonds indemnifying Owner against liens;

e. Issue final certificate(s) for payment; and

f. Issue a summary of expenses in accordance with OAR 137-048-0120. In accordance with this requirement Consultant shall maintain and provide Owner with records regarding direct expenses including both general and specific travel expenses, whether reimbursable or not. This summary shall include all expenses incurred by Consultant and any Sub-consultants as a direct result of the performance of Services. The breakdown of these expenses shall be as follows:

i. All of Consultant’s direct travel expenses, whether reimbursed or included in a Supplemental

Service and therefore not separately reimbursed;

ii. All of Sub-consultants’ direct travel expenses, whether reimbursed or included in a Supplemental

Service and therefore not separately reimbursed;

iii. All of Consultant’s direct general expenses, other than travel expenses, whether reimbursed or included in a Supplemental Service and therefore not separately reimbursed; and

iv. All of Sub-consultants’ direct general expenses, other than travel expenses, whether reimbursed or included in a Supplemental Service and therefore not separately reimbursed.

C.5.06 RECORD DOCUMENT Services. Consultant shall provide Owner with accurate record drawings and record specifications manuals for the Project as more particularly described in this Section. Consultant shall deliver to Owner, within 30 days from receipt of the Contractor’s working record documents, the following record documents (the “Record Documents”):

a. Hardcopy Set - The Record Documents shall consist of two (2) complete sets of record drawings, prepared on 24 lb. (minimum) bond media (the “Record Drawings”). The Record Drawings shall include all drawing sheets used for bidding including addenda, all changes resulting from regulatory reviews, change orders and as-built conditions. Consultant is not responsible for the accuracy of the working as-built drawings furnished by Contractor.

b. Electronic Set - A complete set of Record Drawings and generated in AutoCAD (version as directed by Owner as described in the CADD/GIS Products Deliverables Standards/Requirements, above) shall be provided to Owner by Consultant, as well as an electronic version of the complete specifications in a file format approved by Owner. Consultant shall verify that all electronic drawings are readable and that all AutoCAD Xrefs files are bound and formatted in such a way as to be readable by the AutoCAD version they are saved in. Consultant shall provide a list of all drawings, including Xrefs that are associated with the Record Drawings. The electronic Record Documents shall be provided on recordable (not re-recordable) CDs.

C.5.07 WARRANTY REVIEW Services. Consultant shall: consult with and make recommendations to Owner, during the duration of the Construction Contract warranty period, concerning inadequate performance of materials, systems, and equipment under warranty; perform inspections prior to expiration of the warranty period to ascertain adequacy of performance of materials, systems, and equipment; and document defects or deficiencies and assist Owner in preparing instructions to the Contractor for correction of noted defects.

C.5.08 CONSTRUCTION CONTRACT ADMINISTRATION Services. Consultant shall perform construction contract administration services as set forth in this section and the Contract Documents.

a. Consultant shall visit the site at weekly intervals, and upon special circumstances as requested by Owner, to be familiar with the progress and quality of the Work, and to determine if the Work is generally proceeding in accordance with the Contract Documents. Consultant, in conjunction with the payment review, shall report to Owner on the accuracy of Contractor’s working record drawings each month during construction. However, Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations, Consultant shall report such visits, observations, and information in a weekly written report to Owner.

b. Consultant shall not have control or charge of, and shall not be responsible for construction means, methods, techniques, sequences or procedures, for safety precautions and programs in connection with the Work. Consultant, by virtue of its position alone and without regard for Consultant’s actual involvement on site, shall not have control or charge of, and shall not be responsible for the acts or omissions of Contractor and any subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents.

c. Subject to the concurrence of Owner, Consultant shall be the interpreter of the requirements of the Contract Documents, regarding the performance thereunder by both Owner and Contractor.

Accordingly, Consultant shall render interpretations necessary for the proper execution or progress of the Work with reasonable promptness on written request of either Owner or Contractor, and shall render written decisions, within a reasonable time, on all claims, disputes and other matters in question between Owner and Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. Owner shall render a final determination in the event that Owner disagrees with Consultant’s proposed interpretation or decision.

d. Consultant shall review and take appropriate action on Contractor’s submittals, including shop drawings, product data, and samples, checking for conformance with the design concept of the Work and the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. Consultant shall forward to Owner one (1) copy of all approved shop drawings, product data, and samples, together with correspondence related to these documents as a record of the Work.

Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component.

e. Consultant shall conduct construction observations and reviews to determine “Substantial Completion” and “Final Completion” (as those terms are defined in the Construction Contract) and shall receive and forward to Owner written warranties and related documents required by the Contract Documents and assembled by Contractor. Consultant, with Owner's concurrence, shall prepare and certify a “Certificate of Substantial Completion” and a “Certificate of Final Payment” under the Construction Contract.

SUPPLEMENTAL SERVICES (requires subsequent Owner written authorization)

PHASE 6 - SUPPLEMENTAL SERVICES

In addition to the generally sequential services chronologically arranged and described in Phases 1 through 3, the

Consultant shall provide Supplemental Services on an “as needed” basis upon written instruction from the Owner.

The authorization of the Supplemental Services is not restricted by the Basic Services schedule. It is the goal of the

Parties to agree upon a fixed price for any Supplemental Service for which the actual scope of Service can be defined and agreed upon. These non-sequential Services may be provided during a single task of services or during several tasks. Owner reserves the right to amend the Contract to add or delete Supplemental Services not needed as a part of the Project; in that event, Owner shall receive a credit against the Contract amount payable to the Consultant, based on the value of the Services removed from Statement of Work, or such other standard agreed to by the

Parties). Owner will determine need for these non-sequential Services, based on funding availability, change in project scope, or other project requirements.

EXHIBIT B

CONSULTANT COMPENSATION

B.1 BASIS OF COMPENSATION

B.1.01 Owner shall compensate Consultant for the performance of Services set forth in Exhibit A, as follows:

The total maximum not to exceed amount payable under this Contract for all Services and Reimbursable Expenses is $0.00.

B.1.01 Owner shall compensate Consultant for the performance of Services set forth in Exhibit A, as follows:

The maximum not to exceed price payable under this Contract for the performance of Type A Basic Services and Type B Basic Services is $0.00.

The maximum not to exceed price payable under this Contract for the performance of Type C Basic Services (requires subsequent Owner written authorization) is $0.00.

The maximum not to exceed price payable under this Contract for the performance of Phase 4 Supplemental Services (requires subsequent Owner written authorization) is $0.00.

The maximum not to exceed price payable to Consultant for all Reimbursable Expenses $0.00.

B.1.02 Payments for Services and Reimbursable Expenses shall be made monthly, following Owner’s review and approval of detailed invoices submitted by Consultant and acceptance of the Services or approval of Reimbursable Expenses by Owner. Payment for all Services performed and for Reimbursable Expenses shall not exceed the amounts indicated in Section B.1.03, B.1.04, B.1.05 and B.1.06, below. Owner shall make payments only after Owner’s receipt and approval of (i) Consultant’s detailed monthly invoice as described in Section B.1.08, and (ii) all reports, designs, certificates, and documents covered by the invoice. A minimum of ten (10) percent will be held until receipt of the final deliverables accepted by the Owner. Payments are subject to the provisions of ORS 293.462.

B.1.03 Payments for Type A and Type B Basic Services shall be in proportion to the Services performed within

Phases 1 through 3 set forth in Exhibit A. The total compensation for Type A Basic Services shall not exceed 3% of the estimated Construction Costs. The total compensation for Type B Basic Services must not exceed 6% of the estimated Construction Costs. The total combined amount payable for Type A and Type B Basic Services shall not exceed the following amounts (Note: Supplemental Services indicated in Exhibit A Phase 6 and Exhibit B 1.05, may or may not be provided concurrently with Phases 1 through 3.

Supplemental Services, if authorized, are to be billed as separate line items in accordance with Section B1.05 and B.1.08. Warranty Period Services, which may be included by Contract amendment, are listed separately):.

BASIC SERVICES $ AMOUNT

Type A Phase 1 – SITE CONDITION INVESTIGATION & 30% SCHEMATIC

DESIGN SERVICES

Type B Phase 2 – 60% CONSTRUCTION DOCUMENTS & PERMITTING

Type B Phase 3 – 90% CONSTRUCTION DOCUMENTS & PERMITTING

Total $ 0.00

B.1.04 Payments for Type C Basic Services require subsequent authorization from the Owner and shall be in proportion to the Services performed within Phases 4 and 5 set forth in Exhibit A. The total compensation for Type C Basic Services shall not exceed 3% of the estimated Construction Costs. The total combined amount payable for all Type C Basic Services shall not exceed the following amounts (Note: Supplemental

Services indicated in Exhibit A Phase 4 and Exhibit B 1.05, may or may not be provided concurrently with

Phases 4 and 5. Phase 6 Supplemental Services, if authorized, are to be billed as separate line items in accordance with Section B1.05 and B.1.08. Warranty Period Services, which may be included by Contract amendment, are listed separately):

TYPE C BASIC SERVICES $ AMOUNT

Type C Phase 4 – Bidding Support Services

Type C Phase 5 – CONSTRUCTION CONTRACT ADMINISTRATION

SERVICES

B.1.05 All Supplemental Services (See Exhibit A), which includes Phase 6, are considered Services to be provided on an “as needed” basis and will be performed only if authorized by Owner in writing. The authorization of the Supplemental Services is not restricted by the Basic Services schedule. It is the goal of the Parties to agree upon a fixed price for any Supplemental Service for which the actual scope of Service can be defined and agreed upon. The price for each Supplemental Service shall, at Owner’s sole discretion, be a fixed price agreed upon by the Parties and documented by Contract amendment prior to authorization to proceed with the Service. If a fixed price cannot be agreed upon, the price shall be the not to exceed amount indicated below for that Supplemental Service (as those amounts may be revised in accordance with this Section B.1.04) derived from Consultant’s personnel time to complete the Service, multiplied by the hourly rates for those personnel as set forth in EXHIBIT F Rate Schedule. The estimated dollar amounts for each of the Supplemental Services listed below, are stated for the purpose of calculating the maximum total dollar amount for all Supplemental Services. It is understood that the actual amount payable for each Supplemental Service may be more or less than the estimate below, however, the total amount of all Supplemental Services shall not exceed the maximum, not-to-exceed price stated in Section

B.1.01 for Supplemental Services without a Contract amendment. The estimated not-to-exceed amounts for the identified Supplemental Services are as follows:

SUPPLEMENTAL SERVICES AMOUNT

Phase 6 – Supplemental Services To be negotiated if needed

Total: $

B.1.06 Reimbursable Expenses, as described in Section B.2, are defined as the direct costs expended by

Consultant, Consultant's employees and Sub-consultants for performance of Services rendered to complete the Project. The estimated dollar amounts for each of the identified Reimbursable Expense items are as follows:

1 Travel Related Expenses $ 0.00

2 General Reimbursable Expenses $ 0.00

It is understood that the actual total amount payable for each individual Reimbursable Expense item may be more or less than the estimate above, however, the total amount of all Reimbursable Expenses shall not exceed the maximum amount stated in Section B.1.01 for Reimbursable Expenses without a Contract amendment. Payments for Reimbursable Expenses shall be identified and tracked on monthly invoices according to the expense items listed above.

B.1.07 Consultant shall not submit invoices for, and Owner will not pay, any amount in excess of the maximum, not to exceed amount payable under this Contract set forth in Section B.1.01. If this amount is increased by

Contract amendment, the amendment must be effective before Consultant performs Services subject to the amendment. Consultant shall notify Owner’s Representative identified in this Contract in writing of the expiration of the Contract, thirty (30) days prior to such expiration. No payment will be made for any

Services performed prior to the Effective Date or after the expiration date of the Contract.

B.1.08 Consultant shall submit monthly invoices for Services performed. To be processed for payment by Owner, the invoices shall include the following basic information:

a. The correct name of Owner’s authorized representative

b. Invoice date

c. Date range during which the Services being invoiced for were provided

d. Invoice number that ends in a “⎯##”, which represents the correct invoice sequence of issue. The last invoice submitted on the Project must be clearly labeled “Final Invoice”

e. The correct Contract number

f. Original Contract total, not to exceed amount broken out by: Basic Services, Supplemental

Services released to date by line item, and Reimbursable Expenses separated by two categories of

Travel Expenses and General Reimbursables

g. Statement of changes to the original total, not to exceed amount by amendment(s) and broken out in the same way as in item f., showing the revised Contract amounts

h. Paid to date amounts showing the amounts submitted for prior to the current invoice (regardless of payment status) and broken out the same way as in item f.

i. Amounts being invoiced for in the current invoice and broken out the same way as in item F, with a roll up of a “Total Amount Billed for This Invoice” line item amount

j. Balances Remaining after receipt of payment for the current invoice broken out the same way as in item f.

Consultant shall describe all Services performed in detail with particularity and by whom it was performed categorized by the type of service and by the phase. Consultant shall itemize expenses for which reimbursement is claimed. Invoices for Basic Services under a specific Phase shall be for completed Basic

Services only and shall indicate the percentage of the total Basic Services for that Phase that the amount invoiced represents. Expenses shall be broken out into line item categories, 1) Travel Expenses and 2)

General Reimbursable Expenses. Invoice amounts for authorized fixed price Supplemental Services shall indicate the Supplemental Service, its contract reference number, the total amount of the fixed price

Supplemental Service, and the total percentage and related dollar amount of the fixed price Supplemental

Service completed by the end of the current invoice period, less the total dollar amount previously billed for, with the balance representing the total amount being currently billed for. Invoices for authorized

Supplemental Services based on a not to exceed amount shall set forth the number of hours worked by

Consultant’s personnel on the identified Service, describe the Services performed by each such personnel in detail on a daily basis, and set forth the rate of compensation for each of such personnel as set forth in

Exhibit F.

Consultant shall send invoices to the Owner’s Representative, using the following address:

Oregon Military Department Attn: Mark Williams 1776 Militia Way SE, Salem, Oregon 97301-6888 PO Box 14350, Salem, Oregon 97309-5047

Consultant shall not indicate or invoice for any past due amounts in the current invoice. All such notifications of a past due amount must be handled by a separate Statement of Account.

Owner shall have the right to reject any invoice which does not have the proper information as required by this section without incurring penalty liabilities for late payment.

B.1.09 Owner and Consultant agree in accordance with the terms and conditions of this Contract that:

a. If the scope of the Project or the Services are changed materially, Consultant shall request in writing an amendment to the Contract before additional Services are provided and before compensation is adjusted. All legally required approvals must be obtained for any Contract amendment before the amendment is effective and before Services may be performed or payment made under the amendment.

b. Consultant’s fee for preparing routine change orders adding or deleting Services from the Project shall be included in the maximum not-to-exceed amount for Basic Services stated in Section B.1.03.

c. Upon Owner’s request and without additional compensation, Consultant shall make such revisions to completed Contract Documents as are necessary to correct errors or omissions appearing therein, in accordance with the Standard of Care described in Section 2.1.1 of Consultant’s Responsibilities, Representations and Warranties.

B.1.10 Pursuant to ORS 279C.520, Consultant:

a. Shall comply with the prohibitions set forth in ORS 652.220. Failure to comply is a breach that entitles the Owner to terminate the Contract for cause.

b. Shall not prohibit any of its employees from discussing the employee’s rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person.

c. Shall pay employees at not less than time and one-half for all overtime worked in excess of 40 hours in any one week and for work on legal holidays, except for individuals who are excluded from receiving overtime under personal services contracts pursuant to ORS 653.010 to 653.261 or under other applicable law.

B.2 REIMBURSABLE EXPENSES

B.2.01 Reimbursable Expenses are in addition to compensation for Services and shall not exceed the maximum amount stated in Section B.1.06 without prior authorization by Owner. This amount is separated into two categories, Travel Expenses and General Reimbursable Expenses, as outlined below. Reimbursable

Expenses include actual, allowable and reasonable expenditures made by Consultant and Consultant's employees in performing the Services required in Exhibit A. Reimbursable Expenses must be evidenced by copies of actual third-party invoices or receipts delivered to Owner to qualify for reimbursement and are limited to the types of actual expenses listed below.

B.2.01.1 General Reimbursable Expenses consist of:

a. Long distance communications.

b. Reproductions, postage and handling of drawings and specifications and other documents, excluding reproductions of drawings, specifications and other documents used by Consultant and

Consultant’s subconsultants.

c. Data processing and photographic production techniques when used in connection with

Supplemental Services.

d. Third-party models and mock-ups requested by Owner.

e. The printing of master or reproducible sets of plans and project manuals including specifications.

B.2.01.2 Travel Expenses:

It is the policy of the State that all travel shall be allowed only when the travel is essential to the normal discharge of Consultant's responsibilities under the Contract. All travel shall be conducted in the most efficient and cost-effective manner resulting in the best value to the State. The travel must comply with all the requirements set forth in this section and must be for official State business only. Personal expenses shall not be authorized at any time. All expenses are included in the total maximum Contract amount stated in Section

B.1.01.

Consultant understands and agrees that travel expenses shall be reimbursed only in accordance with rates approved by the Oregon Department of Administrative Services and in effect at the time the expense was incurred.