Pacific Water Resources ~ CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
FANNO CREEK AND COPPER CREEK BANK STABILIZATION
THIS AGREEMENT, made and entered into this 2") day of&e w , Z�0/0, by and between the City
of Tigard, a municipal corporation, hereinafter referred to as the "City," and Pacific Water Resources,
Inc., whose authorized representative is Phil Pommier, and having a principal being a registered
engineer of the State of Oregon, hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's Fiscal Year 2010-11 budget provides for the design and construction of Fanno
Creek and Copper Creek Bank Stabilization, Project Nos. 93009 and 94022; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the public works improvement program of the City; and
WHEREAS, the City desires to engage the Engineer to render professional engineering services for
the project described in this Agreement, and the Engineer is willing and qualified to perform such
services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby
agree as,follows:
1. Engineer's Scone of Services
The Engineer shall perform professional engineering services relevant to the Project in
accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, which
is attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended, on completion of the work or June 30, 2011, whichever
comes first. All work under this Agreement shall be completed prior to the expiration of this
Agreement.
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 of this Agreement,
and for services required in the fulfillment of Paragraph 1, the Engineer shall be
paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this
agreement, which shall constitute full and complete payment for said services
and all expenditures which may be made and expenses incurred, except as
otherwise expressly provided in this Agreement. The Basic Fee shall not exceed
the amount of eighteen thousand three hundred sixty dollars ($18,360) without
prior written authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope
of Services to be provided by the Engineer and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual
Fanno Creek and Copper Creek Bank Stabilization-Page 1
construction cost differs from the estimated construction cost, the Engineer's
compensation will not be adjusted unless the Scope of Services to be provided
by the Engineer changes and is authorized and accepted by the City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings
shall be submitted by the Engineer periodically, but not more frequently than monthly.
Payment by the City shall release the City from any further obligation for payment to
the engineer for service or services performed or expenses incurred as of the date of the
statement of services. Payment shall be made only for work actually completed as of
the date of invoice. Payment shall not be considered acceptance or approval of any
work or waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Engineer shall furnish or acquire for the
City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other than
lump sum fees to substantiate all charges. For such purposes, the books of account of
the Engineer shall be subject to audit by the City. The Engineer shall complete work
and cost records for all billings on such forms and in such manner as will be satisfactory
to the City.
E. Contract Identification
The Engineer shall furnish to the City its employer identification number, as designated
by the Internal Revenue Service, or social security number, as the City deems
applicable.
F. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Engineer shall pay employees at least time and a half pay for all overtime
worked in excess of 40 hours in any one week except for individuals under the
contract who are excluded under ORS 653.010 to 653.261 or under 29 USC
sections 201 to 209 from receiving overtime.
3) Engineer shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or
other needed care and attention incident to sickness or injury to the employees of
Engineer or all sums which Engineer agrees to pay for such services and all
moneys and sums which Engineer collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of
providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
5) Engineer shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Engineer shall not
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permit any lien or claim to be filed or prosecuted against the City on any
account of any service or materials furnished.
6) If Engineer fails, neglects or refuses to make prompt payment of any claim for
labor, materials, or services furnished to Engineer, sub-consultant or
subcontractor by any person as such claim becomes due, City may pay such
claim and charge the amount of the payment against funds due or to become due
to the Engineer. The payment of the claim in this manner shall not relieve
Engineer or their surety from obligation with respect to any unpaid claims.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service, are and shall remain, the property of the Engineer; however, the
City shall be furnished, at no additional cost, one set of previously approved
reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in
"DWG" or "DXF" format, of the original drawings of the work. The City shall have
unlimited authority to use the materials received from the Engineer in any way the City
deems necessary.
B. The City shall make copies, for the use of and without cost to the Engineer, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by
the Engineer pursuant to this Agreement, and also make available any other maps,
records, or other materials available to the City from any other public agency or body.
C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and soil
tests which were developed in the course of work for the City and for which
compensation has been received by the Engineer at no additional expense to the City
except as provided elsewhere in this Agreement.
5. Assi2nment/Delmation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect whatsoever
unless and until the other party has so consented. If City agrees to assignment of tasks to a
subcontract, Engineer shall be fully responsible for the acts or omissions of any subcontractors and
of all persons employed by them, and neither the approval by City of any subcontractor nor
anything contained herein shall be deemed to create any contractual relation between the
subcontractor and City.
6. Engineer is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Engineer's work product is satisfactory and consistent with this agreement, but
Engineer is not subject to the direction and control of the City. Engineer shall be an
independent contractor for all purposes and shall be entitled to no compensation other
than the compensation provided for under Section 3 of this Agreement.
B. Engineer is an independent contractor and not an employee of City. Engineer
acknowledges Engineer's status as an independent contractor and acknowledges that
Engineer is not an employee of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Engineer to
provide services under this contract are employees of Engineer and not of City.
Fanno Creek and Copper Creek Bank Stabilization-Page 3
Engineer acknowledges that it is not entitled to benefits of any kind to which a City
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law.
Furthermore, in the event that Engineer is found by a court of law or an administrative
agency to be an employee of the City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Engineer under the
terms of the agreement, to the full extent of any benefits or other remuneration Engineer
receives (from City or third party) as a result of said finding and to the full extent of any
payments that City is required to make (to Engineer or to a third party) as a result of
said finding.
C. The undersigned Engineer hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest, has or will receive
any remuneration of any description from the Engineer, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is
not currently employed by the Federal Government and the amount charged does not
exceed his/her normal charge for the type of service provided.
E. Engineer and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
F. Engineer certifies that it currently has a City business tax receipt or will obtain one prior
to delivering services under this Agreement.
G. Engineer is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training of the Engineer as a
material inducement to enter into this Agreement. Engineer represents to the City that
the work under this contract will be performed in accordance with the professional
standards of skill and care ordinarily exercised by members of the engineering
profession under similar conditions and circumstances as well as the requirements of
applicable federal, state and local laws, it being understood that acceptance of an
Engineer's work by the City shall not operate as a waiver or release. Acceptance of
documents by City does not relieve Engineer of any responsibility for design
deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Engineer shall defend, save and hold
harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or
actions and all expenses incidental to the investigation and defense thereof, of
whatsoever nature, including intentional acts resulting from or arising out of the
activities of Engineer or its subcontractors, sub-consultants, agents or employees under
this contract. If any aspect of this indemnity shall be found to be illegal or invalid for
Fanno Creek and Copper Creek Bank Stabilization-Page 4
any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this indemnification.
C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the
City of Tigard, its officers, agents, and employees from all claims, suits, or actions and
all expenses incidental to the investigation and defense thereof, arising out of the
professional negligent acts, errors or omissions of Engineer or its subcontractors, sub-
consultants, agents or employees in performance of professional services under this
agreement. Any design work by Engineer that results in a design of a facility that is not
readily accessible to and usable by individuals with disabilities shall be considered a
professionally negligent act, error or omission.
D. As used in subsections B and C of this section, a claim for professional responsibility is
a claim made against the City in which the City's alleged liability results directly or
indirectly, in whole or in part, from the quality of the professional services provided by
Engineer, regardless of the type of claim made against the City. A claim for other than
professional responsibility is a claim made against the City in which the City's alleged
liability results from an act or omission by Engineer unrelated to the quality of
professional services provided by Engineer.
8. Insurance
Engineer and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly
or indirectly out of Engineer's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
by City is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Engineer and its subcontractors shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and
Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage
shall include Contractual Liability insurance for the indemnity provided under this
contract. The following insurance will be carried:
Coverage Limit
General Aggregate $1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal & Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Professional Liability
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by an error,
Fanno Creek and Copper Creek Bank Stabilization-Page 5
omission or any negligent acts. Combined single limit per occurrence shall not be less
than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than
$1,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Engineer shall also obtain, at architect's expense, and keep in effect during the term of
the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile
Liability coverage on an "occurrence" form including coverage for all owned, hired,
and non-owned vehicles. The Combined Single Limit per occurrence shall not be less
than $1,000,000.
D. Workers' Compensation Insurance
The Engineer, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017, which requires them to
provide workers' compensation coverage that satisfies Oregon law for all their subject
workers. Out-of-state employers must provide Oregon workers' compensation
coverage for their workers who work at a single location within Oregon for more than
30 days in a calendar year. Engineers who perform work without the assistance or labor
of any employee need not obtain such coverage. This shall include Employer's
Liability Insurance with coverage limits of not less than$100,000 each accident.
E. Additional Insured Provision
The Commercial General Liability Insurance Policy and other policies the City deems
necessary shall include the City its officers, directors, and employees as additional
insureds with respect to this contract. Coverage will be endorsed to provide a per
project aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims made" basis,
Extended Reporting coverage will be required at the completion of this contract to a
duration of 24 months or the maximum time period the Engineer's insurer will provide
such if less than 24 months. Engineer will be responsible for furnishing certification of
Extended Reporting coverage as described or continuous "claims made" liability
coverage for 24 months following contract completion. Continuous "claims made"
coverage will be acceptable in lieu of Extended Reporting coverage, provided its
retroactive date is on or before the effective date of this contract. Coverage will be
endorsed to provide a per project aggregate.
G. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate limits or intent
not to renew insurance coverage without 30 days written notice to the City. Any failure
to comply with this provision will not affect the insurance coverage provided to the
City. The 30 days notice of cancellation provision shall be physically endorsed on to
the policy.
Fanno Creek and Copper Creek Bank Stabilization-Page 6
H. Insurance Carrier Rating
Coverage provided by the Engineer must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s) with an unacceptable financial rating.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Engineer shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City. The certificate will
specify and document all provisions within this contract. A renewal certificate will be
sent to the address below ten days prior to coverage expiration.
J. Primary Coverage Clarification
The parties agree that Engineer's coverage shall be primary to the extent permitted by
law. The parties further agree that other insurance maintained by the City is excess and
not contributory insurance with the insurance required in this section.
K. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability, professional liability, pollution, and errors and omissions policies required by
this contract.
Engineer's insurance policy shall contain provisions that such policies shall not be canceled or
their limits of liability reduced without 30 days prior notice to City. A copy of each insurance
policy, certified as a true copy by an authorized representative of the issuing insurance
company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City
certifying to the issuance of such insurance shall be forwarded to:
Joe Barrett, SR. Management Analyst
City of Tigard Business Phone: 503-718- 2477
13125 SW Hall Blvd. Business Fax: 503-684-2797
Tigard, Oregon 97223 Email Address: Joseph@tigard-or.gov
Such policies or certificates must be delivered prior to commencement of the work. Thirty
days cancellation notice shall be provided City by certified mail to the name at the address
listed above in event of cancellation or non-renewal of the insurance.
The procuring of such required insurance shall not be construed to limit Engineer's liability
hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount of
any damage, injury, or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Engineer. If City terminates the contract pursuant to this
paragraph, it shall pay Engineer for services rendered to the date of termination.
10. Termination With Cause
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• r
A. City may terminate this Agreement effective upon delivery of written notice to
Engineer, or at such later date as may be established by City, under any of the following
conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
of services. This Agreement may be modified to accommodate a reduction in
funds.
2) 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 Agreement.
3) If any license or certificate required by law or regulation to be held by Engineer,
its subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed
for Engineer, or if there is an assignment for the benefit of creditors of Engineer.
Any such termination of this agreement under paragraph (A) shall be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
S. City, by written notice of default (including breach of contract) to Engineer, may
terminate the whole or any part of this Agreement:
1) If Engineer fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Engineer fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from City, fails to
correct such failures within ten days or such other period as City may authorize.
3) If Engineer fails to eliminate a conflict as described in Section 14 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Engineer shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Engineer shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Engineer bear to the total services otherwise required
to be performed for such total fee; provided, that there shall be deducted from such
amount the amount of damages, if any, sustained by City due to breach of contract by
Engineer. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Engineer of any of the terms of
this Agreement or to exercise any rights hereunder, should not be construed as a waiver or
Fanno Creek and Copper Creek Bank Stabilization-Page 8
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
12. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery,
,mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments, and other information:
CITY OF TIGARD
Greg Berry, Project Engineer Business Phone: 503-718-2468
13125 SW Hall Blvd. Business Fax: 503-624-0752
Tigard, Oregon 97223 Email Address: greg@tigard-or.gov
CONTRACTOR
Phil Pommier Business Phone: 503-671-9709
4905 SW Griffth Drive Suite 100 Business Fax: 503-671-0711
Beaverton OR 97005 Email Address: philp@pacificwr.com
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be
made in the names and addresses of the person to whom notices, bills and payments are to be
given by giving written notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the City
by an Engineer, which does not represent clients on matters contrary to City interests. Further,
Engineer shall not engage services of an engineer and/or other professional who individually, or
through members of his/her same firm,represents clients on matters contrary to City interests.
Should the Engineer represent clients on matters contrary to City interests or engage the services
of an engineer and/or other professional who individually, or through members of his/her same
firm, represents clients on matters contrary to City interests, Engineer shall consult with the
appropriate City representative regarding the conflict.
After such consultation, the Engineer shall have thirty days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10 (B - 3) of this agreement.
15. Force Maieure
Neither City nor Engineer shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, an act of God or of a public
enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide
Fanno Creek and Copper Creek Bank Stabilization-Page 9
strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to
such cause; provided that the parties so disenabled shall within ten days from the beginning of
such delay, notify the other party in writing of the cause of delay and its probable extent. Such
notification shall not be the basis for a claim for additional compensation. Each party shall,
however, make all reasonable efforts to remove or eliminate such a cause of delay or default and
shall, upon cessation of the cause, diligently pursue performance of its obligation under the
Agreement.
16. Non-Discrimination
Engineer agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
17. Errors
Engineer shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra (Changes) Work
Only the City Engineer, Theodore S. Kyle may authorize extra (and/or change) work. Failure of
Engineer to secure authorization for extra work shall constitute a waiver of all right to adjustment
in the contract price or contract time due to such unauthorized extra work and Engineer thereafter
shall be entitled to no compensation whatsoever for the performance of such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Engineer shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement, including those set forth in ORS 279C.
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of said proposal
conflicting herewith.
22. Access to Records
City shall have access to such books, documents, papers and records of Engineer as are directly
pertinent to this Agreement for the purpose of making .audit, examination, excerpts and
transcripts.
23. Audit
Engineer shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract
period. Engineer agrees to permit City,the State of Oregon,the federal government, or their duly
Fanno Creek and Copper Creek Bank Stabilization-Page 10
authorized representatives to audit all records pertaining to this Agreement to assure the accurate
expenditure of funds.
24. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by
any court of competent jurisdiction, the validity of the remaining terms and provisions shall not
be affected to the extent that it did not materially affect the intent of the parties when they entered
into the agreement.
25. Industrial Accident Fund Payment
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that
Contractor or subcontractors incur during the performance of this Agreement.
26. Complete Agreement
This Agreement and attached exhibit(s) constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shalt bind either party unless
in writing and signed by both parties. Such waiver, consent, modification, or change if made,
shall be effective only in specific instances and for the specific purpose given. There are no
understandings, agreements, or representations, oral or written,not specified herein regarding this
Agreement. Engineer, by the signature of its authorized representative, hereby acknowledges that
he/she has read this Agreement, understands it and agrees to be bound by its terms and
conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Engineer has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
By:- )>
v
(Aut orized City staff person le g contra Date
ENGINEER
By: PACIFIC WATER RESOURCES, INC.
Print Firm's Name
PHIL POMMIER.PRESIDENT
7ignatu
amne itle o ngineer's Authorized Representative
NOV 24,2010
re of Firm's Representative Date
Fanno Creek and Copper Creek Bank Stabilization-Page 11
EXHIBIT 1
Fanno Creek and Copper Creek Bank Stabilization-Page 12
EXHIBIT 1
We Think the World of Water
503.671.9709
P1 F I Fax: 503.671.0711
info@pacificwr.com
WATER RESOURCES, INC. www.pacificwr.com
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October 5, 2010
Ted Kyle,P.E.
City of Tigard City Engineer
13125 SW Hall Boulevard
Tigard, OR 97223
Re: Proposal to Develop Bank Stabilization Concepts at Three Sites in Tigard;
PWR Proposal#595
Dear Ted:
Pacific Water Resources, Inc. (PWR) looks forward to another opportunity to serve you and the
citizens of Tigard. The three sites we toured with you on April 20`"each represent challenging
bank stabilization issues. The following proposal outlines our understanding of the issues at
each site and an estimated level of effort required to develop conceptual mitigation schemes.
The objective of this phase is to provide the City with information for selecting an alternative
that most effectively stabilizes slopes at each site. Identified effort for each project will
include: the anticipated consequences of no action, comments regarding acceptability to review
agencies and SLOPES IV compatibility, issues for construction equipment access and storage,
and recommended early action items if appropriate.
Site#1 —SW Copper Creek Drive at Durham Road: This site in south central Tigard is
about half a mile north of the Tualatin River. A large (24-30 inch) corrugated metal pipe
outfalls into a deep ravine at the south edge of what appears to be three platted lots. The pipe
outfall, however, is approximately 10 feet above the bottom of the ravine. The ravine appears
to be approximately 30 feet deep with steep (greater than 2:1) side slopes. A few boulders are
apparent at the bottom of the slope but the soils appear to be mostly clay silts. A large cave-
like opening lies about 20 feet west of the pipe outfall but the reason for this soil formation is
not apparent, nor is it apparent if erosion at the pipe outfall has lowered the bottom of the
ravine or if it was always several feet below the pipe.
At the top of bank it appears that there may have been previous landslides into the ravine. Two
large scallop-shaped depressions at the surface, one vegetated,the other covered with plastic
sheeting, are apparent. The lots are currently undeveloped and ground conditions may not be
suitable for structures. Based on the USGS Stream Stats web site (30m DEM) it appears that
approximately 90 acres drain to this ravine. However, Durham Road or other man-made
alterations may increase or decrease this drainage area.
Concepts for Bank Stabilization at Three Sites in Tigard October 5, 2010
Concerns at this site are related to the quantity of stormwater discharged and its impact at the
toe of slope. We assume that the storm pipe is a public drainage feature and that erosion
associated with the drop is removing soil at the base of slope. This is causing the slope to
become over steep leading to slope failure. A do-nothing option appears to lead to continued
slope failure and eventual loss of the lots' buildable areas (this may already have occurred).
Mitigation might involve placement of a drop structure on the storm drain to reduce erosion at
the toe of slope, and then slope reconstruction and stabilization. Issues associated with this
work will involve access for equipment and selection of an appropriate slope stabilization
method. Coordination with a geotechnical engineer will be required for the final design phase
to provide input on slope stabilization and determine the feasibility of salvaging buildable lot .
area. We estimate the level of effort required may be $7000 to develop one or two concepts in
addition to a no action option for stabilizing this slope.
Site#2—SW Fanno Creek Drive at Arthur Court: The site is in east-central Tigard about
0.4 miles south of City Hall east of Hall Boulevard. This site, and one not visited to the north
(an apartment complex), are located along three 180-degree bends in Fanno Creek. The
outsides of two bends are eroding the toe of slopes at residences and presumably the apartments
next door. A do-nothing option appears to leave the erosion at the base of slope unchecked
with eventual slope failure and loss of the path at the top of slope. Mitigation options may
include: rock vanes or bend way weirs, a high flow bypass, and slope reconstruction with
revegetation.
Rock vanes or bend way weirs might stop erosion at the toe of slope with the additional
advantage of causing sediment accumulation at the toe of slope. This solution however will not
resolve the over steep slope condition which may lead to eventual failure and loss of the path at
the top of slope. Development of a high-flow bypass would slow erosion at the toe of slope but
would not cause sediment accumulation. It would also fail to resolve the already over steep
slope. Implementing a high flow bypass would also lead to significant vegetation impacts.
Slope reconstruction and revegetation could be used in combination with the other mitigation
methods or with toe hardening. The advantage of slope reconstruction and revegetation is that
the slope could be stabilized in its present location; the disadvantage is cost.
We estimate the level of effort required to develop two or three concepts in addition to a no
action option would be $8500. Issues associated with developing these mitigation concepts
will be access to the work area and selection of appropriate slope and channel stabilization
systems. A geotechnical engineer should be consulted regarding the final slope stabilization
design.
Site#3—Fanno Creek Trail Pedestrian Bridge Crossing at City Library: This is the site of
a previous no-rise certification for the City by PWR. The south bank, both upstream and
downstream of the pedestrian bridge crossing, is sloughing due to erosion at the toe of slope. A
tall fir tree sits at the top of bank just upstream of the pedestrian bridge.
Mitigation options include cutting the bank back to a flatter the slope and revegetating,perhaps
with willow stakes. This solution, however, will not protect against failure of the tree. Rock
PACIFIC
WATER RESOURCES INC.
VW Page 2 of 3
Concepts for Bank Stabilization at Three Sites in Tigard October 5, 2010
vanes or bend way weirs may be considered but are risky due to their potential for stream
relocation (relative to the north bridge abutment). The advantage of vanes or weirs is that they
cause sediment accumulation at the base of slope which may help to stabilize the tree. A
combination of these measures may also be considered. We estimate the level of effort
required to develop one or two slope stabilization concepts in addition to a do-nothing option
would be $4900.
All the above estimates assume that the City can provide PWR with detailed topographic and
contour information (in AutoCAD format) at each site. Cartoons or sketches, including generic
details or cross-sections,will be used to illustrate slope stabilization concepts. Every effort will
be made to verify that the concept is feasible for the given situation. However,the fee
estimates provided do not include discussion with regulatory agencies which may adversely
affect certain mitigation options. Where noted above, geotechnical input is required at the final
design phase to evaluate the suitability and performance of particular stabilization options.
(Geotechnical fees are not considered in the above estimates.)
We propose to perform these services on a time and materials basis in accordance with our
standard hourly rates and contract provisions. A standard City contract for professional
services would also be acceptable.
We anticipate that these services will require 45-60 days after authorization and receipt of
topographic and other mapping from the City to develop a draft report for City review. An
additional period of three weeks is anticipated to allow for City reviews and revisions to be
incorporated into a final report. All fee estimates assume authorization of a single-site study.
If all sites are authorized at once then a 10%discount will be applied ($18,360 total with
discount).
Please feel free to contact me if you have any questions regarding this proposal.
Sincerely,
Pacific Water Resources, Inc.
Phil Pommier, Principal
xc: PWR file 595
"TFN Mw' N^"-,
PACIFIC
WATER RESOURCES,.INC.
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