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HomeMy WebLinkAboutWater Right Consulting Services - GSI Water Solutions, Inc Water Solutions,Inc. Scope of Work and Fee Estimate To: Chris Clayton, City of Central Point 140 South 3rd Street Central Point, OR 97502 Chris.Clayton@centraloointoregon.gov From: Adam Sussman -GSI Water Solutions, Inc. 541-602-5188; asussman@gsiws.com Date: September 19, 2022 RE: Water Right Consulting Services - Claim of Beneficial Use and Certificate Request, Transfer T-9900 Dear Chris: We understand that with the recent approval of the Coordinated Water Rights Management and Sharing Plan IGA the City now intends to proceed with seeking water right Certificates for two transfers. Transfer T- 10465 (up to 1.20 cfs) already has a claim of beneficial use and certificate request pending at Oregon Water Resources Department(OWRD), which was submitted in 2011.Transfer T-9900 (1.846 cfs) will need a claim of beneficial use and certificate request developed for submittal to OWRD.At your request, GSI Water Solutions Inc. (GSI) has developed this scope of work for your review. GSI's proposed scope of work,fee estimate, and schedule for this project are provided below. Scope of Work Task 1 - Claim of Beneficial Use and Certificate Request for Transfer T-9900 The objective of this task is to develop, submit and actively facilitate a claim of beneficial use (COBU) and certificate request for Transfer 1-9900. Successful completion of the COBU and certificate request will be dependent on documenting that the beneficial use is consistent with the conditions in Transfer T-9900. GSI's activities to complete this task include but are not limited to: • Review conditions in Transfer T-9900 to ensure beneficial use is in compliance with the conditions. • Review water meter information (meters measuring water from Medford Water). • Review City's Water System Master Plan and as needed, request information from City staff in order to compile infrastructure descriptions for the COBU. • Make a site visit in order to view aspects of the City's water system to document beneficial use of water for municipal purposes. GSI Water Solutions,Inc. 1600 SW Western Boulevard,Suite 240,Corvallis,OR 97333 www.gsiws.com • Compile information and develop a draft COBU and associated documentation (including required maps and information documenting capacity, meters and fish screens at Duff water treatment plant)for City review. • After City review, develop the final COBU and documentation for submittal to OWRD. • Facilitate OWRD's expedited review of the COBU under the agency's Reimbursement Authority program and review OWRD processing documents, draft certificate, etc. • Respond to inquiries from OWRD and provide additional information or comments as needed. • Provide on-going project communications with City staff and OWRD as needed. Deliverables - draft and final COBU Assumptions - site visit to Central Point only; no site visit anticipated for Medford Water's Duff water treatment plant since information was recently collected. Task 2 - Facilitate OWRD Review of COBU for Transfer T-10465 The objective of this task is actively facilitate OWRD's review of the pending COBU and certificate request submitted in 2011. GSI's activities to complete this task include but are not limited to: • Review the pending COBU to become familiar with the documentation previously submitted. • Request OWRD's expedited review of the COBU under the agency's Reimbursement Authority program and review OWRD processing documents, draft certificate, etc. • Respond to inquiries from OWRD and provide additional information or comments as needed. • Provide on-going project communications with City staff and OWRD as needed. Assumptions - GSI is assuming that the COBU submitted in 2011 for Transfer T-10465 contains the needed information for OWRD processing and certificate issuance. If updates or revisions are needed GSI will work with the City to revise the effort under this task accordingly. Fee Estimate The budget for this effort is based on an estimate of time and materials. Given our current understanding of the project we estimate a not to exceed budget of$8,650.This budget by task may vary but the overall budget will not be exceeded without the approval of the City of Central Point. GSI's 2022 labor rates are attached.The anticipated budget is broken out as follows: Task 1(Claim of Beneficial Use and Certificate Request for Transfer T-9900- Estimated budget of $6,450. (This budget does not include the OWRD fees for the COBU and certificate request and for use of the agency's expedited review program. We expect these fees to be approximately $2,500 and that they will be paid directly by the City). Task 2(Facilitate OWRD Review of COBU for Transfer T-10465) - Estimated budget of $2,200. (This budget does not include the OWRD fees for use of the agency's expedited review program. We expect these fees to be approximately$2,000 and that they will be paid directly by the City). Schedule We are prepared to begin work upon receiving authorization to proceed. GSI Water Solutions,Inc.•2 Development of the COBU for Task 1 will depend on timing of the site visit and collecting needed information from the City. GSI anticipates that the draft COBU can be provided to the City within 2 months. Task 2 can be initiated immediately. Timing of OWRD's processing of the COBUs depends on staff and workload but generally under Reimbursement Authority OWRD processing takes approximately 4-5 months. We look forward to hearing back from you and getting started. Please do not hesitate to give me a call with questions at 541-602-5188. Sincerely, GSI Water Solutions, Inc. Adam Sussman Robyn Cook, RG, CWRE Principal Water Resources Consultant Supervising Hydrogeologist Enclosures: GSI's 2022 labor rates GSI Water Solutions, Inc. •3 GSI Water Solutions, Inc. 55 SW Yamhill,Suite 400 Portland,Oregon 97204 PROFESSIONAL SERVICES AGREEMENT Client: City of Central Point Attention: Chris Clayton 140 South 3rd Street Central Point, OR 97502 Name of Project: Water Rights Consulting City of Central Point(CLIENT)authorizes Groundwater Solutions, Inc, dba GSI Water Solutions, Inc. (GSI)to perform the following water rights consulting services. Scope of Services The attached proposal letter dated September 19, 2022 to Chris Clayton presents the scope of work for this project. Compensation r The scope of work outlined in the proposal letter dated September 19, 2022 will be completed on a time and materials basis, billed as provided herein. GSI has provided you with a good faith estimate that the work should not exceed $8,650. GSI reserves the right to adjust this amount in the event of encountering unforeseen issues relating to the project, which may arise during the time of the contract. In the event GSI must adjust price, it will contact the client at its earliest convenience to discuss adjustment of the total cost of the project. The total cost will then be subject to mutual Agreement of the parties. Schedule ➢ GSI will proceed with the work in a professional and expeditious manner, unless delayed by the unforeseen unavailability of necessary labor,restricted access to the work site,discovery in handling of toxic materials, delays in communications with the client, insufficient or unworkable drawings or specifications, changes in the work, or any other causes beyond GSI's control. While GSI shall, at all times, conscientiously proceed with the work, the estimated time to complete this project as outlined in the letter dated September 19, 2022 is only for the benefit of the client's general planning. The actual completion time is subject to • Page 2 factors listed above. GSI will not be responsible for any financing costs or other consequential damages or costs incurred by the client due to delays in the completion of the project. Terms: Services covered by this Agreement will be performed in accordance with the attached provisions and schedules. This Agreement supersedes all prior Agreements and understandings and may only be changed by written amendment executed by both parties. GSI WATER SOLUTIONS,INC City of Central Point Signature: Signature: 6.4.2 �,. Name (printed): Adam Sussman Name (printed):C.‘-‘6' Title: Principal Title: �t�� Date: 10/17/2022 Date: tblt.'1j ZZ-- • Page 3 Provisions Payment to GSI Monthly invoices will be issued by GSI for all Authorization to Proceed services performed under this Agreement. Execution of this Agreement by the CLIENT CLIENT shall pay each invoice within 30 days. will be authorization for Groundwater Solutions, In the event of a disputed billing,only that Inc.(GSI)to proceed with the services,unless disputed portion will be withheld from payment, otherwise provided for in this Agreement. and the undisputed portion will be paid. Compensation Rates CLIENT will exercise reasonableness in Compensation for services provided under this disputing any bill or portion thereof. agreement will be on a time and materials basis Insurance in accordance with the rates contained in the GSI will maintain throughout this Agreement the Attached fee schedule.The hourly labor rates following insurance: shown in Attachment are subject to annual adjustments effective each anniversary of the (a) Worker's compensation insurance contract signing date. in the statutory amount of not less than$1,000,000 for all employees Subcontracts and Direct Expenses engaged in the work. Owners of When services are performed on a cost GSI who are exempt from worker's reimbursement basis,a markup of 10 percent compensation requirements shall will be applied to subcontracts and outside maintain equivalent disability services and a markup of 10 percent will be insurance. applied to Direct Expenses. For purposes of this (b) Comprehensive automobile and Agreement,Direct Expenses are defined to vehicle liability insurance covering include those necessary costs and charges claims for injuries to members of incurred for the project including,but not limited the public and/or damages to to the direct costs of transportation,meals, property of others arising from use lodging,mail,shipping,equipment,supplies, of motor vehicles,including onsite laboratory test and analysis,printing and and offsite operations,and owned, reproduction services,and certain field non-owned,or hired vehicles,with equipment. $1,000,000 combined single limits. All sales,use,value added,business transfer, (c) Commercial general liability gross receipts,or other similar taxes will be insurance covering claims for added to GSI compensation when invoicing injuries to members of the public or CLIENT. damage to property of others Ownership of Documents arising out of any covered negligent act or omission of GSI or GSI agrees that all original documents produced ofr by GSI in accordance with this agreement,are subcontractors,any oits employees,with$2,000,000 agents, p work made for hire and shall become the with per property of CLIENT.CLIENT agrees to waive occurrenceand$2,000,000 in the e aggregate. any claim against Consultant and to indemnify, defend and hold harmless Consultant for any and (d) Professional liability insurance of all claims arising out of any use,not authorized $1,000,000 per occurrence and in writing by GSI,of these documents by third $2,000,000 in the aggregate. parties not related to this agreement. Insurance coverage in(b)and(c)above will name CLIENT and OWNER as additional Cost Opinions insureds. Such insurance will be the Any cost opinions or project economic primary coverage to GSI and CLIENT. evaluations provided by GSI will be on a basis of Before commencing work under this experience and judgment,but,since GSI has no contract,GSI will furnish CLIENT with a control over market conditions or bidding copy of the additional insured endorsement procedures,GSI cannot warrant that bids, and certificates of insurance verifying ultimate construction cost,or project economics coverages and additional insureds. will not vary from these opinions. Certificates also will state that the insurance carrier will give CLIENT thirty(30)days • Page 4 notice of any insurance cancellation or Severability and Survival material alteration. If any of the provisions contained in this Standard of Care Agreement are held illegal,invalid or GSI will complete its services with the standard of unenforceable,the other provisions shall remain care and degree of skill and diligence normally in full effect. Limitations of liability shall employed by professionals performing the same or survive termination of this Agreement for any similar services in the locality in which the cause. services are performed. No Third Party Beneficiaries Indemnification This Agreement gives no rights or benefits to GSI agrees,to the fullest extent permitted by anyone other than CLIENT and GSI and has no law,to indemnify and hold harmless CLIENT third party beneficiaries except as provided in from damages,liabilities,and costs to the extent Limitation of Liability. such liabilities,and costs are caused by GSI's Materials and Samples negligent acts,errors,or omissions in the Any items,substances,materials,or samples performance of professional services under this removed from the project site for testing, agreement,or anyone for whom GSI is legally analysis,or other evaluation will be returned to liable. the project site unless agreed to otherwise. CLIENT recognizes and agrees that GSI at no Unless prohibited by the Oregon Tort Claims Act time assumes title to said items,substances, or the Oregon Constitution,and subject to the materials,or samples. CLIENT recognizes that limits of the Oregon Tort Claims Act,CLIENT GSI assumes no risk and/or liability for a waste agrees,to the fullest extent permitted by law,to or hazardous waste site originated by other than indemnify and hold harmless GSI from damages, GSI. liabilities,and costs to the extent such liabilities, and costs are caused by Client's acts,errors,or Assignments omissions,or anyone for whom the CLIENT is Neither party shall have the power to or will legally liable. assign any of the duties or rights or any claim arising out of or related to this Agreement, In the event that damages,liabilities and costs are whether arising in tort,contract or otherwise, caused by the joint or concurrent negligence of without the written consent of the other party. CLIENT and GSI,they shall be borne by each Any unauthorized assignment is void and party in proportion to its own negligence. This unenforceable. provision is intended to indemnify and hold harmless each other and each other's clients Integration specifically in any situation in which employees, This Agreement incorporates all previous agents,and representatives commence a third party communications and negotiations and constitutes action for injuries or death otherwise covered by the entire Agreement of the parties. If CLIENT applicable workmen's compensation laws. issues a Purchase Order in conjunction with performance of the services,general or standard Limitation of Liability terms and conditions on the Purchase Order do GSI's liability will,in the aggregate,not exceed not apply to this Agreement. $100,000. This Provision takes precedence over Force Majeure any conflicting Provision of this Agreement or If performance of the services is affected by any document incorporated into it or referenced causes beyond GSI's reasonable control,project by it. schedule and compensation shall be equitably This limitation of liability will apply whether adjusted. GSI's liability arises under breach of contract or Changes warranty;tort,including negligence;strict liability;statutory liability;or any other cause of CLIENT may make or approve changes within action,and shall include GSI's officers, the general Scope of Services in this Agreement, employees,and subcontractors. subject to GSI approval and with appropriate adjustment for costs and time for performance. If such changes affect GSI's cost of or time required for performance of the services,an • Page 5 equitable adjustment will be made through an amendment to this Agreement. Termination This Agreement may be terminated for convenience on 30 days'written notice or if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. The preceding sentence does not apply to a non-payment for services rendered,at which time,the client shall be deemed to be in default and GSI may suspend services. On termination,GSI will be paid for all authorized work performed up to the termination date plus termination expenses,such as,but not limited to, reassignment of personnel,subcontract termination costs,and related closeout costs. Notwithstanding the foregoing,in the event Client terminates the agreement for cause, where such cause has not been remedied by GSI,Client shall not be responsible to pay for termination expenses such as,but not limited to,reassignment of personnel, subcontract termination costs and related closeout costs. Attorney's Fees In case this Agreement is referred to an attorney for collection,suit,or action,including arbitration,by any of the parties to enforce any provision of this Agreement,the prevailing party shall be entitled to,in addition to any award of costs or disbursements provided by statute,such additional sums as the court may adjudge reasonable as attorney's fees and costs to be allowed in such suit or action,including sums allowed as reasonable attorney's fees and costs on any appeal of such suit or action. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon and venue of any action shall be in Jackson County,Oregon. ror Water Solutions,Inc. 2022 GSI Fee Schedule Labor Category Hourly Rate Technical Professionals Principal $180 - $245 Supervising $160 - $205 Managing $140 - $170 Consulting $125 - $150 Project $110 - $135 Staff $95 - $115 Other Services GIS/Graphics/Database $105 - $160 Editor/Documents $110 - $135 Administration $70 - $110 The hourly rate for trial preparation and expert witness testimony is 1.5 times the standard billing rate shown above. Expenses • Mileage: IRS authorized rate/mile plus 10 percent markup • Direct expenses and outside services: Cost plus 10 percent markup • Enterprise GIS: $50 per month for the duration of use