Loading...
AMEC ~ C140020 City of Tigard CONTRACT CHANGE ORDER/ Tigard, S r Hall Blvd. � Tigard,Orefott 97223 AMENDMENT SUMMARY FORM Phone- (503) 639-4171 Fax- (50.3) 684-7297 ,.-w. rd-or.gay Pro ect Title: Benchview Creek Stabilization Project Manager: Kim McMillan Contractor: AMEC Original Contract#: C140020 Effective Dates: 8/12/2013-6/30/2015 Change Order/Amendment Amount: $0.00 Accounting String: 500-8000-56005-93014-130 Amendment Percentage Running Total: °% .c mENDMENT DETAILS Extend contract to June 30, 2015 Changed project managers for both city and contractor. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ RE.ASONINfx FOR CHANGE ORDER/ANIENDIvIFN r Change in staff and review of sanitary sewer fund have delayed the projecL REQUESTING PROJECT MANAGER /� OVING TY 5KM_V— Signaturc Date ate Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unit pricing in the original contract shall apply to Signature all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed the project's FY budget. Date `q"k—<4104q CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT BENCHVIEW CREEK STABILIZATION—CIP#93014 AMENDMENT#1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and AMEC, hereinafter referred to as Contractor, entered into on the 12`h day of August, 2013, is hereby amended as follows: 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended,upon completion of the work or june 30, 2014 June 30, 2015,whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. CITY OF TIGARD AMSC Attn: Nfike Stone, City Engineer Attn: Phil P,...... ier Daniel Schall Kim McMillan, PM Address: 13125 SW Hall Blvd. Address: 7376 SW Durham Road Tigard, Oregon 97223 Portland, Oregon 97224 Phone: (503) 718-2759 2642 Phone: (503) - 631 --y00 Fax: (503) 684-7297 Fax: (503) 620-7892 Email: tnsfoneQ ward-a go Email: kim cz tigard-or. ov daniel.schallgamec.com IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD AMEC Signature Signature Printed Name Printed P4me Date Date CITY OF TIGARD,OREGON CONTRACT SUMMARY FORM (FORMMUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION) Contract Title: Benchview Creek Stabilization—CIP #93014 Number: (,_/u(b�z& Contractor: AMEC Contract Total: $97.691.00 Contract Overview: Engineer will develop a constructible channel and bank stabilization scheme for approximately 270 feet of Krueger Creek near SW Gallin Court in Tigard, Oregon Type: ❑ Purchase Agreement Start Date: 8/12/13 End Date: 6/30/14 ❑ Personal Service ❑ Public Improvement LCRB Award: QBS.Award Department: PW/Engineering ❑ IGA ® Other: Engineering Svcs Agr Contract Manager: Mike Stone Quotes/Bids/Proposal: FIRM AMOUNT/ ORE Account String: Fund-Division-Account Work Order Number— Activity Type Amount 500-8000-56005 93014-130 $97,691.00 Approvals Department Comments: QBS Award Department Signature: C�— Purchasing Comments Purchasing Signature: City Manager Comments: City Manager Signature: 4.1-M4 11 After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract NumberG I L4OOP'24:�) CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT BENCHVIEW CREEK STABILIZATION—CIP#93014 THIS AGREEMENT,made and entered into this 12`'' day of August, 2013, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and AMSC, 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 2013-2014 fiscal year budget provides for engineering services related to the Benchview Creek Stabilization project;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 Scope 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,upon completion of the work or June 30,2014,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 Ninety Seven Thousand Six Hundred Ninety One and No/100 Dollars ($97,691.00)without prior written authorization. t � 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 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. Pa=ent 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. Pavment—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 2 1 P a g e 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 permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) I£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 shallremain, 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. Assignment/Dele ag tion 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 3 1 P a g e 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. 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. 4 1 P a g e 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 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. 5 1 P a g e 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 $3,000,000 Products-Completed Operations Aggregate 2,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 2,000,000 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, omission or any negligent acts. Combined single limit per claim shall not be less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000 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 l 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$2,000,000. 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. 6 1 P a g e E. Additional Insured Provision All policies aforementioned, other than Professional Liability, 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. 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. H. 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. I. PrimaU 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. J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability and commercial automobile policies required by this contract. The City reserves the right to request 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. If the City requests such copies they shall be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd Tigard,Oregon 97223 7 1 P a g e 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 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. B. 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 8 1 P a g e 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 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 AMEC Attn:Mike Stone,City Engineer Attn:Phil Pommier Address: 13125 SW Hall Blvd. Address: 7376 SW Durham Road Tigard,Oregon 97223 Portland,Oregon 97224 Phone: (503) 718-2759 Phone: (503) 693-3400 Fax: (503) 684-7297 Fax: (503) 620-7892 Email: mstone@tigard-or.gov Email: phil.pommier@AMEC.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. 91Page 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 seven (7) 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 temvnated pursuant to Section 10(B-3)of this agreement 15. Force Majeure 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 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 659A.142, 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. 10 1 Page 18. Extra(Changes)Work Only the City's Project Manager 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 Apglicable 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 279A,279B,and 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 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 Engineer shall pay any and all contributions or amount due the Industrial Accident Fund form that Engineer 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 shall bind either party 111 Page 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 Architect has executed this Agreement on the date hereinabove first written. CITY OF TIGARD v By:Md&Wing,City Manager By:Authorized Contractor Representative 8 Date Date 121Page EXHIBIT 1 SCOPE OF SERVICES PROJECT OVERVIEW The purpose of this project is to develop a constructible channel and bank stabilization scheme for approximately 270 feet of Krueger Creek near SW Gallin Court in Tigard, Oregon. A bank failure at 13001 SW Gatlin Court caused as much as 6 feet of this back yard to be lost into the creek. This project will stabilize the channel and bank in this area and restore the value of the residence. The project, however, will not correct the underlying causes of the bank failure. In a previous study, Engineer suggested the bank failure appears to have been caused by undetained upstream flows eroding the bed of the stream. Creek bed erosion eventually caused the bank to become oversteepened and fail. Correcting the undetained flow problem is beyond the scope of this assignment. As noted above, this scope of work is limited to a reach length of approximately 270 feet. It assumes that the residence at 13001 SW Gallin Court is owned and controlled by the City at the time of planned site soil explorations by Engineer and construction of slope and stream stabilization. Access to the site will be through an adjacent City-owned park,platted as Morningstar Tract A, to the south and upstream of the SW Gallin Court property. Engineer has performed a wetland, and other waters, delineation at this site under a separate agreement with the City. Two stormwater features and no wetlands were identified at the Site. Access to project areas for soils explorations will be required to avoid stormwater features. Design elements proposed for channel and bank stabilization that impact the creek and/or stormwater features will need to be permitted through the US Army Corps of Engineers and/or the Department of State Lands. The bank failure lies on the east side of the channel in the back yard of 13001 SW Gallin Court on Quail Hollow West,Lot 21. To the west and adjacent to Lot 21 lies Track S,originally owned by the Quail Hollow Home Owners Association (HOA). Work on Tract S would require an easement, however, Engineer understands that the City is in negotiations to purchase this property. For this proposal it is assumed that Tract S will be controlled by the City at the time of site soil explorations and construction. The project envisioned by this proposal involves stabilizing approximately 270 feet of channel and 110 feet of bank. The bank behind the residence failed taking with it fencing and landscaping that originally were part of the back yard at 13001 SW Gallin Court. Studies performed previously by Engineer found that this reach of the creek appears to be incising at a rate of about 6 inches per year. As noted above this incision is believed to be caused by undetained flow from upstream development that will not be addressed by bank stabilization measures. For this reason the channel itself is proposed to be stabilized with a series of check dams to cause aggradation of the channel bottom. At the upstream end of the channel at Lot 21 and extending into Tract A lie two culverts in back to back succession. These are shown on a City survey to be 32-inch corrugated metal pipe (CMP) and 24-inch Acrylonitrile butadiene styrene (ABS) culverts that together are about 105 feet long. These culverts are undersized as evidenced by frequent overland flows breaking out of the upstream channel and flowing into the back yard at 13001 SW Gallin Court. Early concepts discussed with the City suggested removing these two culverts to daylight this entire reach of the creek. Engineer believes that daylighting the creek will assist with obtaining the required natural resources permits 13 1 Page for this work. Thus the channel stabilization is anticipated to occur over an area from the downstream end of Lot 21 to the upstream end of Tract A,or about 270 feet. As previously discussed the measures proposed for stabilizing this reach of Krueger Creek channel and bank do not address the underlying causes of bank and channel instability. Previously Engineer stated that Engineer believes the underlying causes of bank instability here are undetained upstream flows. While it is possible to stabilize and harden this reach of the creek against higher flows it does not protect the adjoining areas against these same stresses. For this reason design measures resulting from this project cannot protect the entire creek. And the portion of creek repaired by this project may not survive erosion moving up the creek from downstream. Thus a comprehensive solution to urbanization of this highly erosive slope will require a broader solution approach. TASK 1—DESIGN DEVELOPMENT/ALTERNATIVES ANALYSIS Objectives: To obtain detailed survey data and physical soils information at the site. This information will be used to develop up to three slope repair alternatives for consideration by the City. A wetlands determination performed by Engineer under separate contract found adequate access to the site for performing the planned soils explorations. A wetlands delineation is now being performed by Engineer under separate contract. Activities: 1. Kick off meeting. Engineer's project manager will schedule and lead a project kick-off meeting with the City. The purpose of the meeting will be to introduce team members and facilitate communications during the course of the project. The meeting will discuss the permitting and design approach to the project,and the key requirements for repairing the landslide as quickly as possible. It is anticipated that Engineer 's project manager, project engineer, environmental permit specialist, and landscape architect subconsultant will attend this meeting and that it will be held in City offices. 2. Environmental regulatory meetings. Engineer's permit specialist will set up meetings with CWS, the US Army Corps of Engineers (USAGE) and Oregon Division of State Lands (DSL) to visit the site and discuss issues that should be addressed by project design. At this time it is anticipated that creek daylighting and restoration on Tract S and Tract A would require a permit from both the USAGE and DSL. In addition,restoration and mitigation would be required by CWS. The product of this activity will be a brief letter report by Engineer 's permit specialist outlining agency concerns, identifying which permits and supporting information would be required to successfully permit the project and an estimated agency review timeframe for each identified permit. 3. Geotechnical investigations. Engineer's geotechnical engineer, or his representative, will perform a site reconnaissance to locate borings and observe slope conditions. Two borings will be performed using a limited access tracked drill rig to depths of about 36 feet to characterize subsurface conditions. Laboratory testing of selected soil samples will be performed to estimate engineering index properties for slope stability analyses. Based on field and laboratory results the engineer will complete a slope stability analysis and develop options for bank repair. A brief letter report (estimated at 5-7 pages of text) will present up to three bank repair options, summarize the advantages and disadvantages, and provide an order of magnitude cost estimate for each. Two to three additional soil samples of channel substrate materials will be taken during this activity for characterizing channel structure. 141Page 4. Topographic surveys. The Engineer's subconsultant, Statewide Land Surveyors (SWLS), will perform topographic surveys of the site. This work will be limited to portions of Lot 21, and a portion of Tract S west of Lot 21 to the existing asphaltic cement (AC) path. A topographic survey of Tract A was already performed as part of the wetlands delineation under separate contract. Work will be done on state plane horizontal coordinates and NAVD '88 vertical datum. Complete details, including a map of the proposed topographic survey assignment are attached in Appendix A (Proposal from Statewide Land Surveying, Inc.,note specifically Area 1 and Area 1 add). If the aerial extent necessary for permit requirements goes outside the field survey area then LiDAR information (provided by the City)will be used for this purpose. 5. Prepare design development drawings. Engineer's project engineer will coordinate with the landscape architect, geotechnical engineer and wetland scientist to prepare schematic drawings for up to three bank stabilization schemes as described in Activity3 above. In addition, Engineer's fluvial geomorphologist will evaluate concepts for stabilizing the creek in this reach. Design hydrology will be taken from work prepared earlier by Engineer for the Clean Water Services Watersheds 2000 project. In addition this activity will require development of a hydraulic model to evaluate the design stresses on the stream banks and channel bottom. Each design concept will be advanced to approximately 30% completion to demonstrate feasibility. The design development phase will also consider the permitting alternatives required for the landslide repair and creek daylighting/restoration. It is anticipated that the products of this task will include one civil and one landscape sheet for each concept. 6. Design development submittal. The products of activities 2-5 above will be submitted along with a brief letter report (estimated at 3-5 pages of text) describing each alternative and their pros and cons. An order of magnitude estimate will be provided for each concept along with permitting issues and an engineer's recommendation. All products will be submitted in portable document format(PDF). 7. Design development review meeting. Engineer's project manager will coordinate and lead a design review meeting to discuss the alternatives provided and the recommended design approach. It is anticipated that this meeting will occur at City offices and that Engineer's project manager, engineer, permit specialist and landscape subconsultant will attend. Engineer will document the meeting. Deliverables: • Kick-off meeting minutes • Regulatory agency meeting notes • Brief engineering report summarizing geotechnical investigations • Topographic survey • Design development report and drawings • Design development review meeting minutes TASK 2—PERMITTING Objective: Based on direction received from the City at the design development review meeting prepare documentation required for a Nationwide Permit #13 for bank stabilization, creek daylighting and restoration, State Removal/Fill permit application and the Clean Water Services (CWS) Standard Site Assessment. 151Page Activities: 1. Engineer's permit specialist will set up pre-application meetings with the USACE, DSL and CWS to discuss the preferred design alternative and identify any regulatory or agency concerns regarding the project. 2. Prepare the joint permit application QPA). Prepare a JPA in accordance with the City's desired option and feedback received from regulatory agencies during the pre-application meeting. Prepare plans and details to support this permit application. 3. Prepare CWS standard site assessment. Prepare a CWS standard site assessment based on: 1) direction received at the design development meeting and 2) feedback received from the CWS reviewer during the pre-application meeting. The Standard Site Assessment will be prepared in accordance with Chapter 3 of the CWS Design and Construction Standards. Figures showing boundaries of vegetated corridors, data sheets and photographs will be included. This task will require coordination with the landscape architect to prepare the required planting plan and details. The planting scheme will be consistent with the existing plant community and hydrologic regime. It will also account for invasive vegetation control and natural plant succession to provide sustainable vegetative communities. The purpose of the site assessment is to obtain a Service Provider Letter from the agency. 4. Submit permit drafts for City review. Electronic copies of the JPA and site assessment, along with supporting documentation,will be submitted to the City for review. 5. Submit permit applications. Revisions to the draft permit applications will be made in accordance with guidance received from the City. Engineer will submit the final permit applications to the appropriate regulatory authorities. Deliverables: • JPA submitted to USAGE and DSL • Standard Site Assessment submitted to CWS TASK 3—DETAILED DESIGN Objective: To advance the design from feasibility (about 30% complete) to substantial completion (about 60% complete). As noted previously this scope of work assumes that the City owns all parcels affected by this work. Activities: 1. Develop channel geometry. Engineer will refine the hydraulic model of the existing channel based on the concept design developed in Task 1. The channel will be evaluated to determine a stable cross-section,pattern,and profile under built-out conditions. It is anticipated that a series of step pools will be required to protect the channel bottom from further incision. This task also includes determining stages for various storm recurrence intervals, in particular the 2-, 5-, 10-, 25-, 50-, 100- and 500-year profiles. Prepare a brief letter report(estimated at 2-3 pages of text) describing the stable channel design process and recommendations for this project. 2. Prepare detailed design. Based on the approved bank stabilization option advance the plans to about 60%complete. Design refinements will incorporate any comments received from the City at the design development review meeting. in addition, major details will be developed for key M I P a g e design features including retaining walls (if any) and channel stabilization/restoration. Detailed development may lead to grading and dimensioning revisions. The detailed design submittal will require coordination with the landscape architect to update the planting plan and plant palette if required. Outline of technical specifications will be developed for the work and a detailed construction cost estimate will be prepared. Note: this scope of work assumes that City technical specifications are based on Oregon APWA standards. 3. Detailed design submittal. Engineer will submit the products of this task to the City electronically (as PDFs). The products of this task are anticipated to include: a title sheet with general notes, standard erosion control details (2 sheets), site plan / project layout (1 sheet); grading plan (1 sheet), planting plan (2 sheets), and details (2 civil sheets and up to three landscape sheets). The submittal will include a brief letter report (estimated at 1-2 pages) identifying changes from the previous (i.e. 30%) submittal and remaining key issues. As noted in Activity 2 above,the submittal will also include an outline of technical specifications (as part of the cost estimate)to be used on the project and an updated construction cost estimate. 4. Attend Detailed Design review meeting. Engineer will coordinate and lead this meeting to be held at City offices. The purpose of the meeting will be to discuss City comments to the detailed design submittal. It is anticipated that Engineer's project manager and project engineer will attend this meeting,Engineer will prepare meeting minutes. Deliverables: • Stable channel design letter report • Detailed Design (609/6) submittal as described above • Detailed Design meeting minutes TASK 4—FINAL DESIGN Objective: Advance the design and construction documentation to approximately 90%completion. Activities: 1. Incorporate city review comments. Engineer will incorporate any comments received from the City on the Detailed Design submittal. Construction documents, including permit conditions and technical specifications will be progressed to near completion including required details, general notes, and special specifications for successful plan implementation. Planting plans and plant palette will be adjusted as necessary to fit the requirements of the final project configuration and direction received from the regulatory agencies. The plans and special specifications will be reviewed internally for quality and conformance to the geotechnical engineer's recommendations. Note: this task assumes that Engineer will prepare construction drawings and technical specifications only. The City will prepare construction contract 'boiler plate' documents such as: invitation to bidders, instructions to bidders, forms for performance bond and payment bonds,general conditions and construction contract. 2. Submit final construction documents. Engineer will submit the products of this task as follows: a) plans (eight copies of 22"x34" sets as described in Task 3.3 above),b) technical specifications (eight copies, 81/2" by 11" format), c) updated construction cost estimate (one copy, 81/2" x 11" format, submitted as PDF), d) bid tabulation (one copy, 81/2" x 11" format, submitted as PDF),and e) transmittal letter. 17 1 Page 3. Attend final design review meeting. Engineer will coordinate and lead a meeting at the City to review the final design submittal. The purpose of the meeting will be to discuss City comments to the final design submittal. It is anticipated that the Engineer's project manager and project' engineer will attend this meeting.AMSC will document meeting minutes. 4. Regulatory agency coordination. Work with the regulatory agencies to respond to questions throughout the approval process. Deliverables: • Final design(90%) submittal as described above • Notes from Final Design review meeting TASK 5—FINAL CONSTRUCTION DOCUMENTATION Objective: Submittal of Final Construction Documents (100% complete) incorporating comments received on the Final Design (90% complete) submittal to improve clarity, remove conflicts and correct errors. Activities: 1. Incorporate revisions. Engineer shall incorporate comments and make corrections or revisions to the Final Design submittal as requested by the City. 2. Submit final construction documents. This submittal is expected to be substantially similar to that made in Task 4.2 in terms of content and format. In addition to the physical plans and special specifications Engineer will provide electronic copies of all documentation in formats compatible with City software. This will enable the City to assemble and prepare the final bid documents package. Deliverables: • 100%complete construction documents TASK 6—BID PHASE SERVICES Objective:Construction contract award to lowest and best bidder. Activities: 1. Conduct prebid conference. Engineer will attend one prebid conference to address important construction issues and answer bidder's questions. Engineer will prepare a brief summary (estimated at 1-2 pages of text) of issues raised at the meeting and the responses provided by the City.This activity assumes the meeting will be held at City offices. 2. Prepare bid addendums. Engineer will prepare up to two bid addendums to clarify construction contract requirements. 3. Recommend contract award. Engineer will tabulate the bids and review the lowest for errors and compliance with the instructions to bidders. Engineer will also verify that the performance and payment bond forms meet City requirements. Finally, Engineer will prepare a letter recommending the lowest and best bidder for construction contract award. Deliverables: • Brief summary of issues raised at pre-bid conference • Up to two bid addendums 181Page • Letter recommending construction contract award TASK 7—CONSTRUCTION PHASE SERVICES Objective: Project implementation in general conformance to the requirements of the plans, specifications,and environmental permits. Activities: 1. Preconstruction conference. Engineer's project engineer will schedule and lead a preconstruction conference. The purpose of the meeting will be to establish lines of communication and highlight important deadlines and contractor submittals. Engineer will prepare an informal documentation of issues discussed at the meeting. It is assumed that the City's inspector will attend this meeting. Z. Respond to RFIs. Engineer's project engineer will prepare responses for up to four requests for information (RFIs) to clarify plan intent or requirements. 3. Review contractor submittals. Engineer's project engineer will review submittals for conformance to construction contract requirements. 4. Perform occasional construction observations. Engineer's project engineer understands that the City will perform daily construction observation. In addition the project engineer will perform occasional observations to ensure that construction is proceeding in accordance with the general intent of the plans, specifications, and environmental permit. Observations will be made at milestones or at significant points in the construction process. It is anticipated that up to 5 construction observations will be required. Each site visit will result in preparation of a standardized site visit form. 5. Review payment requests. Engineer's project engineer will review payment requests in conjunction with the City's inspector. The City's inspector will inform the Engineer of the types and quantities of materials installed or stored on site. If the Engineer has not visited the site during the period covered by the pay request then a site visit will be performed (estimate one visit for this purpose). The purpose of payment reviews is to verify that the work performed matches the quantities requested for payment. The Engineer will review and make informal recommendations for payment on up to four payment requests. Deliverables: • E-mail message of issues discussed at preconstruction conference. • Responses to requests for information • Responses to contractor submittals • Documentation of field observations • E-mail messages regarding approval of payment requests TASK 8 PROTECT CLOSEOUT Objective:Record drawings and completed improvements accepted by the City. Activities: 1. Acceptance punch list. At the contractor's request and with the City's approval, Engineer's project engineer will perform a site walk with the City's inspector to review completed 191Page improvements. The purpose of this walk will be to verify completion of improvements in accordance with contract requirements. During the walk the Engineer will note deficiencies to be corrected and materials or trash to be removed. Deficiencies will be itemized and provided to the contractor in an e-mail message copied to the City. 2. Recommend project acceptance. After verification that punch list deficiencies have been corrected or removed Engineer's project engineer will prepare a letter to the City recommending that the City accept the completed improvements. This activity assumes that there are no outstanding claims or changes that have not been resolved. 3. Record drawings. Engineer's project engineer will prepare record drawings of completed improvements based on redlines to plans maintained by the contractor in accordance with construction contract requirements. Drawings will be transmitted to the City electronically in AutoCAD format. 4. Post Project Meeting. Engineer's project engineer will attend one post project meeting with the City and the contractor to evaluate the project. This meeting will be called and led by the City. Engineer will document issues raised at the meeting. Deliverables: • Acceptance punch list • Letter recommending project acceptance • Record drawings • Post project meeting notes 201Page Scope of work for: Krueger Creek Channel and Bank Stabilization at 13001 SW Gallin Court The purpose of this project is to develop a constructible channel and bank stabilization scheme for approximately 270 feet of Krueger Creek near SW Gallin Court in Tigard, Oregon. A bank failure at 13001 SW Gallin Court caused as much as 6 feet of this back yard to be lost into the creek. This project will stabilize the channel and bank in this area and restore the value of the residence. The project, however, will not correct the underlying causes of the bank failure. In a previous study AMSC Environment and Infrastructure, Inc. (AMEC) suggested the bank failure appears to have been caused by undetained upstream flows eroding the bed of the stream. Creek bed erosion eventually caused the bank to become oversteepened and fail. Correcting the undetained flow problem is beyond the scope of this assignment. As noted above,this scope of work is limited to a reach length of approximately 270 feet. It assumes that the residence at 13001 SW Gallin Court is owned and controlled by the City of Tigard at the time of planned site soil explorations by AMEC and construction of slope and stream stabilization. Access to the site will be through an adjacent City-owned park, platted as Morningstar Tract A, to the south and upstream of the SW Gallin Court property. AMEC has performed a wetland, and other waters, delineation at this site under a separate agreement with the City. Two stormwater features and no wetlands were identified at the Site. Access to project areas for soils explorations will be required to avoid stormwater features. Design elements proposed for channel and bank stabilization that Impact the creek and/or stormwater features will need to be permitted through the US Army Corps of Engineers and/or the Department of State Lands. The bank failure lies on the east side of the channel in the back yard of 13001 SW Gallin r" ' Court on Quail Hollow— x.. West, Lot 21. To the west ,. and adjacent to Lot 21 lies Track S, originally owned by the Quail Hollow Home + :3 Owners Association (HOA). Work on Tract S would require an easement, however, We Understand that the City is in negotiations to purchase this property. For �. this proposal we assume that Tract S will be controlled by the City at the time of site soil explorations and construction. The project envisioned by this proposal involves stabilizing approximately 270 feet of channel and 110 feet of bank. The bank behind the residence failed taking with it fencing and landscaping that originally were part of the back yard at 13001 SW Gallin Court. Studies performed previously by AMEC found that this reach of the creek appears to be incising at a rate of about 6 inches per year. As noted above this incision is believed to be caused by undetained flow from upstream development that will not be addressed by bank stabilization measures. For this reason the channel itself is proposed to be stabilized with a series of check dams to cause aggradation of the channel bottom. EXHIBIT 2 ENGINEER'S PROPOSAL 211 Page At the upstream end of the channel at Lot 21 and extending into Tract A lie two culverts in back to back succession. These are shown on a City survey to be 32-inch corrugated metal pipe (CMP) and 24-inch Acrylonitrile butadiene styrene(ABS) culverts that together are about 105 feet long. These culverts are undersized as evidenced by frequent overland flows breaking out of the upstream channel and flowing into the back yard at 13001 SW Gallin Court. Early concepts discussed with the City suggested removing these two culverts to daylight this entire reach of the creek. We believe that daylighting the creek will assist with obtaining the required natural resources permits for this work. Thus the channel stabilization is anticipated to occur over an area from the downstream end of Lot 21 to the upstream end of Tract A, or about 270 feet. As previously discussed the measures proposed for stabilizing this reach of Krueger Creek channel and bank do not address the underlying causes of bank and channel instability. Previously AMEC stated that we believe the underlying causes of bank instability here are undetained upstream flows. While it is possible to stabilize and harden this reach of the creek against higher flows it does not protect the adjoining areas against these same stresses. For this reason design measures resulting from this project cannot protect the entire creek. And the portion of creek repaired by this project may not survive erosion moving up the creek from downstream. Thus a comprehensive solution to urbanization of this highly erosive slope will require a broader solution approach. Task 1 —Design Development/Alternatives Analysis Objectives:To obtain detailed survey data and physical soils information at the site. This information will be used to develop up to three slope repair alternatives for consideration by the City. A wetlands determination performed by AMEC under separate contract found adequate access to the site for performing the planned soils explorations. A wetlands delineation is now being performed by AMEC under separate contract. Activities: 1. Kick off meeting. AMEC's project manager will schedule and lead a project kick-off meeting with the City. The purpose of the meeting will be to introduce team members and facilitate communications during the course of the project. The meeting will discuss the permitting and design approach to the project, and the key requirements for repairing the landslide as quickly as passible, We anticipate that AMEC's project manager, project engineer, environmental permit specialist, and landscape architect subconsultant will attend this meeting and that it will be held in City offices. 2. Environmental regulatory meetings. AMEC's permit specialist will set up meetings with CWS, the US Army Corps of Engineers (USACE) and Oregon Division of State Lands (DSL) to visit the site and discuss issues that should be addressed by project design. At this time we anticipate that creek daylighting and restoration on Tract S and Tract A would require a permit from both the USACE and DSL. In addition, restoration and mitigation would be required by CWS. The product of this activity will be a brief letter report by AMEC's permit specialist outlining agency concerns, identifying which permits and supporting information would be required to successfully permit the project and an estimated agency review timeframe for each identified permit. 3. Geotechnical investigations. AMEC's geotechnical engineer, or his representative, will perform a site reconnaissance to locate borings and observe slope conditions. Two borings will be performed using a limited access tracked drill rig to depths of about 36 feet to characterize subsurface conditions. Laboratory testing of selected soil samples will be performed to estimate engineering index properties for slope stability analyses. Based on field and laboratory results the engineer will complete a slope stability analysis and develop options for bank repair. A brief letter report (estimated at 5-7 pages of text) will present up to three bank repair options, summarize the advantages and disadvantages, and provide an order of magnitude cost estimate for each. Two to three additional soil samples of channel substrate materials will be taken during this activity for characterizing channel structure. 4. Topographic surveys. The Engineer's subconsultant,Statewide Land Surveyors (SWLS), will perform topographic surveys of the site. This work will be limited to portions of Lot 21, and a portion of Tract S west of Lot 21 to the existing asphaltic cement (AC) path. A topographic survey of Tract A was already performed as part of the wetlands delineation under separate contract. Work will be done on state plane horizontal coordinates and NAVD `88 vertical datum. Complete details, including a map of the proposed topographic survey assignment are attached in Appendix A (Proposal from Statewide Land Surveying, Inc., note specifically Area 1 and Area 1 add). If the aerial extent necessary for permit requirements goes outside the field survey area then UDAR information (provided by the City) will be used for this purpose. 5. Prepare design development drawings. AMEC's project engineer will coordinate with the landscape architect, geotechnical engineer and wetland scientist to prepare schematic drawings for up to three bank stabilization schemes as described in Activity3 above. In addition,AMEC's fluvial geomorphologist will evaluate concepts for stabilizing the creek in this reach. Design hydrology will be taken from work prepared earlier by AMEC for the Clean Water Services Watersheds 2000 project. In addition this activity will require development of a hydraulic model to evaluate the design stresses on the stream banks and channel bottom. Each design concept will be advanced to approximately 30% completion to demonstrate feasibility. The design development phase will also consider the permitting alternatives required for the landslide repair and creek daylighting/restoration. We anticipate that the products of this task will include one civil and one landscape sheet for each concept. 6. Design development submittal. The products of activities 2-5 above will be submitted along with a brief letter report(estimated at 3-5 pages of text) describing each alternative and their pros and cons. An order of magnitude estimate will be provided for each concept along with permitting issues and an engineer's recommendation. All products will be submitted in portable document format (PDF). 7. Design development review meeting. AMEC's project manager will coordinate and lead a design review meeting to discuss the alternatives provided and the recommended design approach. We anticipate that this meeting will occur at City offices and that AMEC's project manager, engineer, permit specialist and landscape subconsultant will attend. AMEC will document the meeting. Deliverables: • Kick-off meeting minutes • Regulatory agency meeting notes • Brief engineering report summarizing geotechnical investigations • Topographic survey • Design development report and drawings • Design development review meeting minutes Task 2—Permitting Objective: Based on direction received from the City at the design development review meeting prepare documentation required for a Nationwide Permit#13 for bank stabilization, creek daylighting and restoration, State Removal/Fill permit application and the Clean Water Services (CWS) Standard Site Assessment. Activities: 1. AMEC's permit specialist will set up pre-application meetings with the USACE, DSL and CWS to discuss the preferred design alternative and identify any regulatory or agency concerns regarding the project. 2. Prepare the joint permit application (JPA). Prepare a JPA in accordance with the City's desired option and feedback received from regulatory agencies during the pre- application meeting. Prepare plans and details to support this permit application. 3. Prepare CWS standard site assessment. Prepare a CWS standard site assessment based on: 1) direction received at the design development meeting and 2)feedback received from the CWS reviewer during the pre-application meeting. The Standard Site Assessment will be prepared in accordance with Chapter 3 of the CWS Design and Construction Standards. Figures showing boundaries of vegetated corridors,data sheets and photographs will be included. This task will require coordination with the landscape architect to prepare the required planting plan and details. The planting scheme will be consistent with the existing plant community and hydrologic regime. It will also account for invasive vegetation control and natural plant succession to provide sustainable vegetative communities. The purpose of the site assessment is to obtain a Service Provider Letter from the agency. 4. Submit permit drafts for City review. Electronic copies of the JPA and site assessment, along with supporting documentation, will be submitted to the City for review. 5. Submit permit applications. Revisions to the draft permit applications will be made in accordance with guidance received from the City. AMEC will submit the final permit applications to the appropriate regulatory authorities. Deliverables: • JPA submitted to USACE and DSL • Standard Site Assessment submitted to CWS Task 3 — Detailed Design Objective: To advance the design from feasibility (about 30% complete)to substantial completion (about 60%complete). As noted previously this scope of work assumes that the City owns all parcels affected by this work. Activities: 1. Develop channel geometry. AMEC will refine the hydraulic model of the existing channel based on the concept design developed in Task 1. The channel will be evaluated to determine a stable cross-section, pattern, and profile under built-out conditions. We anticipate that a series of step pools will be required to protect the channel bottom from further incision. This task also.includes determining stages for various storm recurrence intervals, in particular the 2-, 5 , 10-, 25-, 50-, 100-and 500-year profiles. Prepare a brief letter report(estimated at 2-3 pages of text) describing the stable channel design process and recommendations for this project. 2. Prepare detailed design. Based on the approved bank stabilization option advance the plans to about 60%complete. Design refinements will incorporate any comments received from the City at the design development review meeting. In addition, major details will be developed for key design features including retaining walls (if any) and channel stabilization/restoration. Detailed development may lead to grading and dimensioning revisions. The detailed design submittal will require coordination with the landscape architect to update the planting plan and plant palette if required. Outline of technical specifications will be developed for the work and a detailed construction cost estimate will be prepared. Note:this scope of work assumes that City technical specifications are based on Oregon APWA standards. 3. Detailed design submittal. AMEC will submit the products of this task to the City electronically (as PDFs). The products of this task are anticipated to include: a title sheet with general notes, standard erosion control details (2 sheets), site plan/project layout (1 sheet);grading plan (1 sheet), planting plan(2 sheets), and details (2 civil sheets and up to three landscape sheets). The submittal will include a brief letter report (estimated at 1-2 pages) identifying changes from the previous (i.e. 30%) submittal and remaining key issues. As noted in Activity 2 above,the submittal will also include an outline of technical specifications (as part of the cost estimate) to be used on the project and an updated construction cost estimate. 4. Attend Detailed Design review meeting. AMEC will coordinate and lead this meeting to be held at City offices. The purpose of the meeting will be to discuss City comments to the detailed design submittal. We anticipate that AMEC's project manager and project engineer will attend this meeting, AMEC will prepare meeting minutes. Deliverables: • Stable channel design letter report • Detailed Design (60%) submittal as described above • Detailed Design meeting minutes Task 4—Final Design Objective:Advance the design and construction documentation to approximately 90% completion. Activities: 1. Incorporate city review comments. AMEC will incorporate any comments received from the City on the Detailed Design submittal. Construction documents, including permit conditions and technical specifications will be progressed to near completion including required details, general notes, and special specifications for successful plan implementation. Planting plans and plant palette will be adjusted as necessary to fit the requirements of the final project configuration and direction received from the regulatory agencies. The plans and special specifications will be reviewed internally for quality and conformance to the geotechnical engineer's recommendations. Note:this task assumes that AMEC will prepare construction drawings and technical specifications only. The City will prepare construction contract 'boiler plate'documents such as: invitation to bidders, instructions to bidders, forms for performance bond and payment bonds, general conditions and construction contract. 2. Submit final construction documents. AMEC will submit the products of this task as follows: a) plans (eight copies of 22"x34" sets as described in Task 3.3 above), b) technical specifications (eight copies, 81/2" by 11"format), c) updated construction cost estimate (one copy, 8'/2"x 11"format, submitted as PDF),d)bid tabulation (one copy, 811i'x 11"format, submitted as PDF), and e)transmittal letter. 3. Attend final design review meeting. AMEC will coordinate and lead a meeting at the City to review the final design submittal. The purpose of the meeting will be to discuss City comments to the final design submittal. It is anticipated that the AMEC's project manager and project engineer will attend this meeting. AMSC will document meeting minutes. 4. Regulatory agency coordination. Work with the regulatory agencies to respond to questions throughout the approval process. Deliverables: • Final design (90%) submittal as described above • Notes from Final Design review meeting Task 5—Final Construction Documents Objective: Submittal of Final Construction Documents (100%complete) incorporating comments received on the Final Design (90%complete) submittal to improve clarity, remove conflicts and/ or correct errors. Activities: 1. Incorporate revisions. AMSC will incorporate comments and make corrections or revisions to the Final Design submittal as requested by the City. 2. Submit final construction documents. This submittal is expected to be substantially similar to that made in Task 4.2 in terms of content and format. In addition to the physical plans and special specifications AMSC will provide electronic copies of all documentation in formats compatible with City software. This will enable the City to assemble and prepare the final bid documents package. Deliverables: • 100% complete construction documents Task 6—Bid Phase Services Objective: Construction contract award to lowest and best bidder. Activities: 1. Conduct prebid conference. AMEC will attend one prebid conference to address important construction issues and answer bidder's questions. AMSC will prepare a brief summary(estimated at 1-2 pages of text) of issues raised at the meeting and the responses provided by the City. This activity assumes the meeting will be held at City offices. 2. Prepare bid addendums. AMSC will prepare up to two bid addendums to clarify construction contract requirements. 3. Recommend contract award. AMEC will tabulate the bids and review the lowest for errors and compliance with the instructions to bidders. AMSC will also verify that the performance and payment bond forms meet City requirements. Finally, AMEC will prepare a letter recommending the lowest and best bidder for construction contract award. Deliverables: • Brief summary of issues raised at pre-bid conference • Up to two bid addendums • Letter recommending construction contract award Task 7—Construction Phase Services Objective: Project implementation in general conformance to the requirements of the plans, specifications, and environmental permits. Activities: 1. Preconstruction conference. AMEC's project engineer will schedule and lead a preconstruction conference. The purpose of the meeting will be to establish lines of communication and highlight important deadlines and contractor submittals. Engineer will prepare an informal documentation of issues discussed at the meeting. It is assumed that the City's inspector will attend this meeting. 2. Respond to RFIs. AMEC's project engineer will prepare responses for up to four requests for information (RFIs)to clarify plan intent or requirements. 3. Review contractor submittals. AMEC's project engineer will review submittals for conformance to construction contract requirements. 4. Perform occasional construction observations. AMEC's project engineer understands that the City will perform daily construction observation. In addition the project engineer will perform occasional observations to ensure that construction is proceeding in accordance with the general intent of the plans, specifications,and environmental permit. Observations will be made at milestones or at significant points in the construction process. We anticipate that up to 5 construction observations will be required. Each site visit will result in preparation of a standardized site visit form. 5. Review payment requests. AMEC's project engineer will review payment requests in conjunction with the City's inspector. The City's inspector will inform the Engineer of the types and quantities of materials installed or stored on site. If the Engineer has not visited the site during the period covered by the pay request then a site visit will be performed (estimate one visit for this purpose). The purpose of payment reviews is to verify that the work performed matches the quantities requested for payment. The Engineer will review and make informal recommendations for payment on up to four payment requests. Deliverables: • E-mail message of issues discussed at preconstruction conference. • Responses to requests for information • Responses to contractor submittals • Documentation of field observations • E-mail messages regarding approval of payment requests\ Task 8—Project Closeout Objective: Record drawings and completed improvements accepted by the City Activities: 1. Acceptance punch list. At the contractor's request and with the City's approval, AMEC's project engineer will perform a site walk with the City's inspector to review completed improvements. The purpose of this walk will be to verify completion of improvements in accordance with contract requirements. During the walk the Engineer will note deficiencies to be corrected and materials or trash to be removed. Deficiencies will be itemized and provided to the contractor in an e-mail message copied to the City. 2. Recommend project acceptance. After verification that punch list deficiencies have been corrected or removed AMEC's project engineer will prepare a letter to the City recommending that the City accept the completed improvements. This activity assumes that there are no outstanding claims or changes that have not been resolved. 3. Record drawings, AMEC's project engineer will prepare record drawings of completed improvements based on redlines to plans maintained by the contractor in accordance with construction contract requirements. Drawings will be transmitted to the City electronically in AutoCAD format. 4. Post Project Meeting. AMEC's project engineer will attend one post project meeting with the City and the contractor to evaluate the project. This meeting will be called and led by the City. Engineer will document issues raised at the meeting. Deliverables: • Acceptance punch list • Letter recommending project acceptance • Record drawings • Post project meeting notes Fee Estimate Services will begin when the services agreement is fully executed. The total of all tasks outlined above is $xxx-x . �- � CO Schedule The goal for this project shall be to prepare construction documentation and permit submittals in time for the 2014 construction season. (insert graphic here) 7 « . k § � _ . C4CLƒ « � � & � . U � � § � 0 0 R � �pw \ § - v m 0 / � « n kk \ _ \ ■ � DD , co � � \ U c % � z � ■ .. 2 m A 2 \ (D \ 0 to e m % E § S q 5 e ( o \ ƒ \ \ / \ % 2 § a e = S § / \ Q U U) 2 f b c o a Q # m © Ak c = o E E a o E �