Otak, Inc ~ C160051 Cny of Tigard
CONTRACT CHANGE ORDER/ 13125 SNX'Hall Blvd.
AMENDMENT Z SUMMARY Tigard,Oregon 97223
Phone- (503) 639-4171
r FIELD CHANGE ORDER FORM Fax- (503) 684-7297
yR w.t! rd-ot. nV
Project Title: ESA Stormwater Master Plan Project Manager: Lori Faha
Contractor: OTAK, Inc. Original Contract#: C160051
Effective Dates: 4/27/16—6/30/2018 Chane Order/Amendment Amount: $
Accounting Strin :510-8000-56005-94037-130 Amendment Percentage Running Total: %
AMENDMENT DETAILS
Extend contract completion date to June 30,2018
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract $250,000
Amendment 1 $25,000
Amendment 2 Change in Date Only
Total Contract $275,000
REASONING FOR CHANGE ORDER/AMENDMENT
OTAK needs to remain under contract until the Stormwater Master Plan is adopted
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER. APPROVING CITY STAFF
—�-
:-I ature SigHaVure
t /�- / a
Date Date
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 Signature
work. The unit pricing in the original contract shall apply to 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 theproject's FY budget. Date
r
ATTACHMENT C
F
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT t
ENGINEERING SERVICES AGREEMENT
STORMWATER MASTER PLAN(CONTRACT NUMBER C160051)
AMENDMENT#2
THIS AGREEMENT,made and entered into this 27"day of April,2016,by and between the City of Tigard,
a municipal corporation,hereinafter referred to as the"City,"and Otak,Inc.,whose authorized representative
is Kevin Timmins, and having a principal being a registered engineer of the State of Oregon, hereinafter
referred to as the"Engineer."
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 Dec erabKn:-4,42017 June 30,2018,whichever
comes first. All work under this Agreement shall be completed prior to the expiration of this
Agreement.
CITY OF TIGARD OTAIC, C.
a ature Signature
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Printed Name Printed Name
//3Z) i I -P - 'NIS
Date Date
Cita; of Tigard
CONTRACT CHANGE ORDER/ 13125 SHall Blvd.
a 'n te'Tigard,Oiegon 97223
AMENDMENT 1 SUMMARY Phone- (503) 639-4171
FIELD CHANGE ORDER FORM Fax- (503' 684-7297
Project Title: ESA Stormwater Master Plan Project Manager: Lori Faha
Contractor: OTAK, Inc. Original Contract#: C160051
Effective Dates: 4/27/16— 12/31/17 Chan e Order/Amendment Amount: $25,000
Accounting Strin :510-8000-56005-94037-130 Amendment Percentage Running Total: 10%
AMENDMENT DETAILS
Extend contract completion date to December 31,2017 and increase contract amount to provide for additional
work needed to complete master plan document.
CHANGE ORDER DE'T'AILS UNIT QTY UNTT$ TOTAL$
Original Contract $250,000
Amendment 1 $25,000
Total Contract $275,000
REASONING FOR CHANGE ORDER/AMENDMENT
The city has not prepared a stormwater master plan since approximately 1980.
The work necessary to compile and analyze information to prepare the
master plan is more than originally antici ated due to the lack of existing information.
BUDGET IMPACT AND REQUIRED ACTIONS
This increases total project budget. End of year FY17 impacts can be accommodated at the fund level. FY18
increased cost is included in the adopted budget Gune 13,201
REQUESTING PROJECT MANAGER APPROYIVG CITY STAFF
Signature SiRnat4te
6 - 79 - ( ,6 ,
Date Date
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 Signature
work. The unit pricing in the original contract shall apply to 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 theproject's FY budget. Date
ATTACHMENT C
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
ENGINEERING SERVICES AGREEMENT
STORMWATER MASTER PLAN(CONTRACT NUMBER 0160051)
AMENDMENT#1
THIS AGREEMENT,made and entered into this 27'day of April,2016,by and between the City of Tigard,
a municipal corporation,hereinafter referred to as the "City," and Otak,Inc.,whose authorized representative
is Kevin Timmins, and having a principal being a registered engineer of the State of Oregon, hereinafter
referred to as the"Engineer."
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 M December 31,2017,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 A 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 B of this agreement,which shall constitute fall
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`-r-wo-14u s Two Hundred
Seventy Fite and No/100 Dollars ($259s00.0 ) ($275,000.00) without prior written
authorization.
EXHIBIT A
Scope of Services:
See Additional Scope of Work and Fee Estimate
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 OTAK,INC.
Signature Signature
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Printed Name Printed Name
Date Date
SCOPE OF WORK
Task 1- Project Management
A' EIND TIII SCOPE O.F lY'ORK FOR THIS TASK TO I XTE1\ND THE ASSUMPTION\t FOR
PROJECT DURATION FROM 12 MO1\7HS TO 16 MOJNTIIS
Task 2- Define/Outline Master Plan Products
.NO CHANGES
Task 3: Background Information Review& Cataloging
AMEND THE SCOPE OF WORK TO INCLUDE THE FOLLOWING:
Consultant shall:
d Update and append Task 3 deliverables with additional information City Staff feel the project
team should know about following re;vicw of the deliverables and new problems identified
during fall and winter rain storms.
Task 4: Surface Infiltration Characterization
ATO CHANGES
Task 5: Desktop Geomorphic Assessment
A'O CIE-INIGES
Task 6- Field Work
AMEND THE SCOPE OF WORK TO INCLUDE THE FOLLOWING:
Consultant shall:
m Conduct one half-day day of follow-up Held Work to visually assess problem areas identified
during fall and winter rain storms.
Task 7—Existing Conditions Modeling
AO CIL4NGES
Task 8—Meetings and Outreach
NO CIL/L rFS
Task 9 -Values, Policies and Standards
.NO CIL IN GES
1 � aa �-' E
I:\ENG\1-Active Projects\94037 Stormwater Master Plan\Contract\Otak\Stormwater Master Plan\Amendment 1\17812-TigardSWMP-
AmendOl_ScopeOtWork-17_0605_Revised.docx
Task 10- Rating/Ranking Methodology
NO CHANGES
Task 11-Tool Kit Development
NO CHANGES
Task 12 -Draft Project List
AMEND THE SCOPE OF WORK TO REPLACE THE EXISTING BULLET (Strikethrough)
WITH THE NEW BULLETS
Consultant shall:
• Ptepa±e it list of up to twenty ewe E22) pi-aposed pir-ejeets/prograins,in additieft to the eft*
Retienejeets:
• Prepare a list of up to thirty-five (35) proposed projects.
• Prepare a list of up to twenty (20) proposed programs.
Prepare CIP Fact Sheets for up to twenty (20) proposed projects.
Prepare Program Recommendation Fact Sheets for up to thirteen (13) proposed programs.
Task 13—Modeling to Support CIP Development
NO CH.INGES
Task 14 - Rating& Ranking of Draft Projects
1\TO CF
IANGES
Task 15—Explore Funding Strategy
AMEND THE SCOPE OF Ix'ORK TO DELETE THIS T,1SK TRANSFER BUDGET TO
COT ER EXTRA EFFORT ON TASK 3 AND TASK 6.
STEP F: MASTER PLAN
Task 16—Greenways/Green Infrastructure Operations and Maintenance Plan
NO CHANGES
Task 17—Master Plan
Consultant shall:
• Prepare Study Area Fact Sheets for each of the eight Study areas,plus one for River Terrace and
one for the Tigard Triangle. The Study area Fact Sheets will be one two-sided page and contain
the following:
o Key Map of City that shows the study area boundary covered by the fact sheet
o Bullet List of CIP projects within the Study area
21 Page
I:\ENG\1-Active Projects\94037 Stormwater Master Plan\Contract\Otak\Stormwater Master Plan\Amendment 1\17812-TigardSWMP-
AmendOl_ScopeOtWork-17_0605_Revised.docx
o Brief description of Existing conditions
o Brief description of Issues and Risks related to stormy ater management
o Brief description of proposed (high-level) stormwater management strategy
o Map of the Study area showing Known Issues,Potential Projects, CIP projects
• Incorporate one round of revisions from City staff on the River Terrace Stormwater Master Plan
document previously prepared under a separate contract and provide updated files to City staff
for submittal to City Council for adoption.
Assumptions:
1. City staff will provide one consolidated set of comments on most recent version of River
Terrace Stormwater Mastcr Plan.
Deliverables:
1. Draft and Final Study Area Fact Sheets (.PDF files)
2. Updated River Terrace Stormwater Master Plan (.PDF files)
3Pa �;
I:\ENG\1-Active Projects\94037 Stormwater Master Plan\Contract\Otak\Stcrmwater Master Plan\Amendment 1\17812-TigardSWMP-
Amen d0l_ScopeOfiWork-17 0605, Revised.docx
Stormwater Master Plan
Amendment 01 -Fee Estimate
Otak,Inc.
Otak Project#17812
OTAK
Project Total
PIC?Sr,P'_14 Civil Er:gr Eng;Dsenr Administrative Total budget by
Task Description Civil Planner II IV III Assistant Hours Task
STEP A:PLANNING
1.0 Project Management
Monthl•invoices and pr,)gress reports 6 2 8 $1,240
Wt.,kly to Bi-weekly Meetings with Cit•PM 1 4 F736
2.0 Define/Outline Master Plan Products
STEP B:DISCOVERY
3.0 Background Information Review&Cataloging $7,000
4.0 Surface Infiltration Characterization
5.0 Desktop Geomorphic Assessment
6.0 Field Work $500
7.0 Existing Conditions Modeling
STEP C:VISIONP_`G
8.0 Meetin s and Outreach
9.0 Values,Policies and Standards
10.0 Rating/Ranking Rating/RankingMethodology
STEP D:SOLUTIONS
11.0 Tool Kit Development
12.0 Draft Project List
Extra Effort for Additional PrOjLCts,Programs,and Fact 20 .10 16 16 12 104 $11,816
13.0 Modeling to Support CIP Development
14.0 Rating&Ranking of Draft Projects
STEP E:FI-NDING
15.0Ex lore Funding Strategy ($7,500
STEP F:MASTER PLAN
16.0 Greenways/Green Infrastructure O&M Plan
17.0 Master Plan
Pr are 10 Stud Area Fact Shcets 2 40 40 82 $7,848
U dote River Thrace roaster Plan 2 1 20 22 $2,868
Total Hours 34 80 36 56 14 220
Billing Rate $184 $97 5125 $90 $68
Total Lebor Cost 4,256 $7,760 $4,500 $5,040 4'952 $24,508
Expenses
Project Totall $24,508
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CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORMMUSTACCOMAANYEVERYCONTRA CT)
Contract Title: ESA STORMWATER MASTER PLAN Number: C,
Contractor: Otak, Inc (_ontractTotal_ $250,000.00
Contiact Overview Cteatlon of a storinw ater masteY plan including l)rolect manager" nt, surface
infiluatton cha:actuization, desktop geomorphic assessment, field work, e_ustin
conditions modeling,ranking methodolog!%.
Initial Risk Level. ❑ Extreme ❑ High ❑ Moderate 0 Lov
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: L•on Faha, Engineer E:%:t: 2759 Department: Engineering
1)pe: ❑ Purchase.jgreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA Z Other: Engineering svc agiee Start Date: 4/27/16 End Date: 6/30/2017
Quotes/Bids/Proposal: FIRM Amoum/ScogE
Otak, Inc. 1
Brown and Coldwell 2
WOLF 3
_ MEC 4
,Account Strang Fund-Division-Account Work Order—Activit;Type Amount
FY'15-16 510-8000-56005 94037-130 $50,000.00
FY 16-17 510-8000-56005 94037-130 $200,000.00
Approvals - LCRB Date: .-to
Department Comments-
Department Signature
Purchasing Comments.
Purchasing Signature:
Citi-Manager CommExs' i
,7
Crt< Manager Signature:
After securing all required approvals, forward otiginal copy to the Contracting and purchasing Office along with a
completed Contract Checklist:
to 00-S 1
ATTACHMENT C
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
STORMWATER MASTER PLAN
THIS AGREEMENT, made and entered into this 27th day of April, 2016, by and between the City of
Tigard, a municipal corporation, hereinafter referred to as the "City," and Otak, Inc., whose authorized
representative is Kevin Timmins, and having a principal being a registered engineer of the State of Oregon,
hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's 2015-2016 fiscal year budget provides for engineering services for the development
of a stormwater master plan; 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 A, 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, 2017,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 A 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 B 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 Two Hundred Fifty Thousand and No/100
Dollars ($250,000.00) 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 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 B
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 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 as well as storage-
device such as thumb drive or sd card 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/Delegation
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. 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 shall obtain,prior to the execution of any performance under this Agreement, a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
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 agrees and shall indemnify, defend, save
and hold harmless the City of Tigard,its officers, employees, agents, and representatives 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 in performance of this
contract at both trial and appeal level, whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies.. 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 agrees and shall indemnify, defend, save and hold
harmless the City of Tigard, its officers, employees, agents, and representatives 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 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 in performance of this contract. 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 in performance of this contract.
8. Insurance
Engineer and its subcontractors shall maintain insurance acceptable to City in fiill force and effect
throughout the term of this contract. Such insurance shall cover 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 (CG 2010 1185 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
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 any actual or alleged negligent act,
error or omission in the rendering of or failure to render Professional Services. Combined single
limit per claim shall not be less than$2,000,000, or the equivalent Annual aggregate limit shall not
be less than$3,000,000 and filed on a"claims-made"form.
C. Commercial Automobile Insurance
Engineer shall also obtain,at Engineer'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$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain,at Contractor's expense,and keep in effect during the term of the contract,
business automobile liability coverage for all owned vehicles on an "occurrence" form. 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$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers, employees, agents and representatives 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. All policies of insurance must be written by companies having an A.M. Best
rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance
carner(s)with an unacceptable financial rating.
H. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If the Contractor is self-insured for commercial general liability
or automobile liability insurance the Contractor must provide evidence of such self-insurance. The
Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a
form acceptable to the City. The City reserves the right in its sole discretion to determine whether
self-insurance is adequate.
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 effective until the required Certificates of
Insurance have been received and approved by the City. The certificate will specify and document
all provisions within this contract and include a copy of Additional Insured Endorsement. A
renewal certificate will be sent to the address below prior to coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
K. 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.
L. 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.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work.
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, mai- 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 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 OTAK,INC.
Attn: Lori Faha, City Engineer Attn: Kevin Timmins, Principal
Address: 13125 SW Hall Boulevard Address: 808 SW Third Avenue, Suite 300
Tigard, Oregon 97223 Portland, Oregon 97204
Phone: (503) 718-2759 Phone: (503) 415-2340
Email: lorif@tig rd-or.Wv Email: kevin.timmins@otak.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 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 terminated pursuant to Section 10 (B-3) of this agreement.
15. Force Majeure
Neither City not 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.
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 Applicable Law
Engineer shall comply v ith 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. Severabilitv
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. Representations and Warranties
Engineer represents and warrants to the City that:
A. Engineer has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Engineer,
enforceable in accordance with its terms.
C. Engineer (to the best of Engineer's knowledge, after due inquiry), for a period of no fewer than
six calendar years (or since the firm's inception if less than that) preceding the effective date of
this Agreement, faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316,
317,and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Engineer,
to Engineer's property, operations, receipts, or income, or to Engineer's performance of or
compensation for any work performed by Engineer;
3) Any tax provisions imposed by a political subdivision of this state that applied to Engineer,
or to goods, services,or property,whether tangible or intangible,provided by Engineer;and
4) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any
of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Engineer's services rendered in the performance of Engineer's obligations under .this
Agreement, shall be provided to the City free and clear of any and all restrictions on or
conditions of use,transfer, modification, or assignment,and shall be free and clear of any and all
liens, claims,mortgages, security interests,liabilities,charges, and encumbrances of any kind.
26. Compliance with Tax Laws
A. Engineer must,throughout the duration of this Agreement and any extensions, comply with all tax
laws of this state and all applicable tax laws of any political subdivision of the State of Oregon.
For the purposes of this Section, "tax laws" includes all the provisions described in subsection
25.C. 1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Further, any violation of Engineer's warranty, in subsection 25.0 of this Agreement, that the
Engineer has complied with the tax laws of the State of Oregon and the applicable tax laws of ani-
political subdivision of this state also shall constitute a material breach of this Agreement. Any
violation shall entitle the City to terminate this Agreement, to pursue and recover any and all
damages that arise from the breach and the termination of this Agreement,and to pursue any or all
of the remedies available under this Agreement,at law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Engineer,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. The City shall be entitled to recover any and all damages suffered as the
result of Engineer's breach of this Agreement, including but not limited to direct, indirect,
incidental and consequential damages, costs of cure, and costs incurred in securing a
replacement Engineer.
These remedies are cumulative to the extent the remedies are not inconsistent, and the City may
pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.
27. Complete Agreement
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and Exhibit B,Exhibit A shall control.
No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless
in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in 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.
Awarded by Tigard's Local Contract Review Board at their business meeting on April 26,2016.
CITY OF GARD OTAKqt
�~ c
By:Marty ine, City Manager By:Authorized Contractor Representative
Z. l q- 7-7- I �0
Date Date
EXHIBIT A
SCOPE OF SERVICES
STEP A: PLANNING
Task 1-Project Management
The purpose of this task is to assist the City with completion of this project and manage the Engineer
project team resources.
Engineer shall:
• Coordinate and attend a project start-up meeting with City Staff to discuss project goals, work plan,
schedule, and expectations.
• Develop a detailed project schedule identifying critical tasks necessary to meet the project timeline.
• Prepare monthly updates to the project schedule.
• Prepare and submit monthly invoices and Monthly Project Status Reports. Progress status reports list
activities completed, upcoming work tasks, issues/needs, and a budget status summary table indicating
percent spent versus percent complete for each Task and for the overall project.
• Conduct weekly to bi-weekly check-ins with city project manager(in person or by phone).
Assut*ions.
1. The project duration is approximately 12 months.
Deliverables.
1. Attend Start-up Meeting
2. Initial Project schedule
3. Ten (10) schedule updates
4. Thirteen (13) monthly written progress reports, for the previous month
5. Forty (40), one-hour coordination meetings with City Project Manager at the City (occasionally over
the phone).
Task 2-Define/Outline Master Plan Products
The purpose of this task is to set expectations for the Products that will result from this Master Plan project.
Engineer shall:
• Attend a one-hour meeting with City GIS Staff to review and discuss City GIS resources, in-house
capabilities, and existing GIS databases.
• Setup Geodatabase (points,lines,polygons) for "Known Issues," "Potential Projects," and "Stormwater
Photos"to be populated with Existing Conditions Information.
• Attend a two-hour meeting with City GIS staff, Stormwater staff, and Outreach staff to mind-map the
Stormwater Master Plan for developing the Story Map.
• Use meeting notes and mind-map from meeting to prepare a Draft Story Map Diagram/Table of
Contents.
• Prepare a graphic layout for a Draft CIP Fact Sheet template for review and comment by the City
(includes: Description, Benefits, Rating/Ranking, Contributing Area Map, Schematic Diagram of
Concept, Standard detail/typical section,Cost Estimate,Funding Sources).
• Prepare a graphic layout for Draft Programmatic Recommendation Fact Sheets for review and comment
by the City.
• Discuss topics for Policy and standards recommendations with City Project Manager.
0 Prepare Draft Table of Contents for Greenways/Green Infrastructure O&M Plan.
Ascumplzans.
1. Otak will provide new GIS data sets. City will prepare all online GIS mapping using the GIS data.
2. City will create and host the Story Map using content provided by Otak.
Deliverables:
1. Story Map Diagram
2. Draft Table of Contents for Story Map
3. Draft Table of Contents for Greenways / Green Infrastructure 08CM Plan
STEP B: DISCOVERY
Task 3: Background Information Review& Cataloging
The purpose of this task is to assemble and review background information provided by the City and to
load that information into a GIS database for future reference and presentation to others.
Engineer shall:
Contact staffs on a list provided by the City Project Manager and schedule a time to conduct an
interview and/or field trip with each of them.
• Attend field trip for two (2) days with city staff to view key stormwater facilities, stream segments, and
problem locations.
• Interview City staff during one of three (3) days about stormwater management to identify existing
information they feel the project team should know about (e.g.-location/ condition of infrastructure,
problem areas,reference material, City management practices,project ideas, etc.)
• Record information communicated verbally on maps and on interview record form.
Make physical copies or scans of printed material.
• Save copies of electronic files or data sets.
• Review existing data,mapping,reports,models provided by the City.
• Prepare a bibliography(spreadsheet) of existing information and its use/usefulness.
• Coordinate with City GIS manager on updates to existing Storm Sewer GIS data sets.
• Create a record in the Existing Conditions geodatabase, setup in Task 2, for each piece of useful
information recorded. Define the geographic limits (quantity, quality, erosion, program, maintenance,
safety), and populate attribute fields (source,date,hyperlink, etc.) with the detailed information.
* Create a GIS Geodatabase for the Stormwater Subbasin Study Areas shown in the RFP.
• Work with City GIS staff to support the creation of online Stormwater Subbasin Study Area Maps of
Existing Conditions that include the following data sets:
o Aerial photograph
o Stream centerlines
o Existing storm sewer pipes/inlets/manholes
o Existing culverts
o Other key storm/stream elements (e.g.-water quantity/quality management facilities)
o Properties owned by Public entities (e.g.-City, State,Metro,Federal, school district,private).
e Work with City GIS staff to support the creation of online Stormwater Subbasin Study Area Maps of
Known Issues similar to the CWS map for the Fanno watershed that builds on the Existing Conditions
maps,but includes the following additional data sets:
o Georeferenced stormwater photos accessible via the GIS map.
o Other georeferenced background information related to known issues.
• Work with City GIS staff to support the creation of online Stormwater Subbasin Study Area Maps of
Potential Projects that builds on the Existing Conditions maps, but includes the following additional
data sets:
o Potential Projects
• Create an Atlas of Maps that present the datasets from the online version of the Stormwater Subbasin
Study Area Maps of Known Issues at a fixed scale in a PDF format for download and printing.
• Create an Atlas of Maps that present the datasets from the online version of the Stormwater Subbasin
Study Area Maps of Potential Projects at a fixed scale in a PDF format for download and printing.
• Prepare a draft Field Work Plan and Map(s) based on gaps in existing information.
• Prepare a memo summarizing compiled information, recommendations by subbasin for further field
work and technical analysis,and revisions to the scope of work that stay within the authorized budget.
Deliverables:
1. Bibliography(spreadsheet) of existing information
2. Existing Conditions geodatabase
3. Stormwater Subbasin Study Areas Geodatabase
4. Known Issues Atlas of Maps
5. Potential Projects Atlas of Maps
6. Draft Field Work Plan and Memo
Task 4: Surface Infiltration Characterization
The purpose of this task is to characterize near surface soil conditions and the potential use of Low Impact
Development (LID) for stormwater management throughout the study area.
Engineer shall:
Compile Geographic Information Systems (GIS) soil datasets and analysis, and summarizing geologic
information related to soil thickness and depth to bedrock (basalt).
• Use available GIS format soil maps with infiltration characteristics available from the Natural Resources
Conservation Service (MRCS) in combination with available geologic information related to depth-to-
basalt to estimate soil thickness.
• Summarize infiltration characteristics graphically as either poor,moderate,or good.
• Prepare a draft technical memorandum summarizing the findings related to stormwater recharge and
surface infiltration potential in Tigard.
® Incorporate response to review comments in a final technical memorandum.
Deliverables:
1. Draft and Final Surface Infiltration Characterization Memorandum
Task 5: Desktop Geomorphic Assessment
The purpose of this task is to evaluate and rate the condition of stream channels throughout the study area
using desktop methods to minimize and focus the field work efforts and provide a useful assessment of the
type,location, and severity of existing channel erosion and bank failures.
Engineer shall:
• Review oblique aerial photographs provided of the stream corridors.
• Process LiDAR data into manageable data size and format for use in this assessment.
• Compile GIS data sets describing physical characteristics of the watersheds and stream channels in the
study area (such as the following) for analysis and comparison to rate severity of existing channel
erosion and bank failures:
o Riparianwidth
o Vegetation density in riparian corridor
o Channel width vs reach-average width
o NRCS Soil series
o Locations of hillslope and bank erosion
o Percent imperviousness of contributing basin
o USGS Surficial Geologic Units
o Channel slope
o Known issues identified through review of background information
o Presence and connection to a floodplain
o Channel width to depth ratio
• Compile GIS data sets describing factors that represent increased concern for and consequences
resulting from stream channel erosion in the study area (such as the following) for analysis and
comparison to rate relative risk of existing channel erosion and bank failures:
o Proximity to infrastructure
i. Storm outfalls
ii. Other utilities (i.e.—sanitary sewer,power poles)
iii. Road crossings
iv. Private buildings
v. Trails/walkways
o Private land versus public property
o Developed versus undeveloped land
• Create a Draft map describing the relative severity(i.e.-good, fair,poor) of existing channel conditions at
a reach scale.
Create a Draft map describing the relative risk (i.e.-low, medium, high) associated with existing channel
conditions at a reach scale.
• Review Draft maps and weighting factors used to calculate severity and risk with the City Staff (at
meeting from Task 8).
• Adjust weighting factors based on City staff feedback,recalculate severity and risk, and a combined data
set representing a Prioritization for addressing channel erosion.
• Update the Field Work Plan and Map(s) based on understanding gained from the Desktop geomorphic
assessment.
• Update the memo summarizing compiled information, recommendations by subbasin for further field
work and technical analysis,and revisions to the scope of work that stay within the authorized budget.
Assumptions:
1. City will provide copies of all available City GIS data sets to be used in this analysis.
Deliverables:
1. Draft map showing relative severity of existing channel conditions
2. Draft map describing relative risk associated with existing channel conditions
3. Draft map describing relative priority for addressing issues due to existing channel conditions
4. Updated Field Work Plan and Memo
Task 6 -Field Work
The purpose of this task is to investigate conditions in the field to fill gaps in background data,
calibrate/verify interpretations made from the GIS data, and study locations already known to need a
solution.
Engineer shall:
• Conduct two (2) days of Field Work to observe and rate the general condition (good, fair, bad) of key
culvert crossings (60" diameter and smaller) to identify those that need an immediate condition
assessment, and to collect basic measurements for improving the storm sewer GIS data records.
• Conduct two (2) days of Field Work to visually assess key public stormwater facilities for O&M needs
and retrofit opportunities.
Conduct two (2) days of Field Work to visually assess locations for potential new or retro-fit
facilities/solutions.
• Conduct two (2) days of Field Work to visually assess creek channel and riparian corridor conditions.
o Conduct two (2) days of Field Work with a geotechnical engineer to visually assess stormwater outfall
and bank stability problem areas.
• Compile and update or add new data to the Existing Conditions Geodatabases.
• Re-run the Desktop Geomorphic Assessment calculations for Severity, Risk, and Prioritization of
channel conditions using updated information regarding existing conditions learned through field work.
Deliverables:
1. Updated version of Existing Conditions geodatabase
2. Updated version of Known Issues Atlas of Maps
3. Updated version of Potential Projects Atlas of Maps
4. Updated map showing relative severity of existing channel conditions
5. Updated map describing relative risk associated with existing channel conditions
6. Updated map describing relative priority for addressing issues due to existing channel conditions
Task 7—Existing Conditions Modeling
The purpose of this task is to assist in evaluating scope of specific problems. Modeling of existing
conditions will make use of existing hydrologic and hydraulic models.
Engineer shall:
• Review hydrologic results predicted by the calibrated Fanno Creek HSPF model created to support
development of the Tualatin River Urban Stormwater Tool (TRUST).
• Prepare a schematic diagram of the Fanno Creek HSPF model in GIS to assist in understanding the
model results.
• Calculate and export flow duration curves for all of the subbasins defined in that model that are located
in Tigard, as well as locations where flow enters Tigard from neighboring jurisdictions.
• Calculate and export flood frequency results for all of the subbasins defined in that model that are
located in Tigard, as well as locations where flow enters Tigard from neighboring jurisdictions.
• Load results into a Geodatabase.
Deliverables-
1. Hydrologic model results Geodatabase
STEP C:VISIONING
Task 8—Meetings and Outreach
The purpose of this task is to define the scope and level of effort expected from the consultant project team
resources to support meetings with staff, planning committee, City Council, and the public to solicit input,
present information,and gather feedback throughout the master plan process.
Engineer shall:
• Support the City Project Manager in developing a communication plan that defines the agenda topics
and preliminary schedule for each of the staff,planning committee,and Open House meetings.
• Prepare for, attend, and lead up to. six (6) two-hour meetings with City staff invited by the City Project
Manager, at a location in Tigard to be scheduled by the City Project Manager. Agenda topics will be
developed in collaboration with the City Project Manager.
o Prepare for, attend, and lead up to four (4) two-hour meetings with the Stormwater Planning
Committee, at a location in Tigard to be scheduled by the City Project Manager. Agenda topics are
anticipated to include the following:
o Project purpose,Background information,Any issues that were missed
o Rating/ranking methodology,Tool kit,Potential Projects
o Programmatic recommendations
o Preliminary Draft Master Plan
• Provide up to twenty (20) hours of time assisting the City Project Manager in preparing for City Council
Meetings.
• Attend one (1) City Council Meeting with the City Project Manager to present the Draft Stormwater
Master Plan.
a Provide up to twenty (20) hours of time assisting the City Project Manager in preparing materials for
two Open House Meeting agendas, one during the Discovery Step, and one during the Solutions Step.
The materials may be used for multiple meetings.
* Attend up to four (4), 2-hour Open House Meetings at a location in Tigard to be scheduled by the City
Project Manager.
Assumption -
1. City will develop and execute the Communication Plan.
Deliverables:
1. Attendance at six (6) City Staff Meetings
2. Attendance at four (4) Stormwater Planning Committee Meetings
3. Attendance at four (4) Open Houses
Task 9-Values,Policies and Standards
The purpose of this task is to support City staff in a process to discuss key topics related to values,priorities
and level of service needs/desires related to stormwater, streams and greenway systems that will result in
Master Plan recommendations.
Engineer shall:
• Work with the city project manager to identify three (3) key policy areas for discussion.
• Provide support to a City Staff Meeting (from Task 8), led by the City Engineer, focused on Key Topic
#1 including the following.
o Up to eight(8) hours preparing meeting materials
o Up to eight(8) hours of follow-up research or investigation
o A Draft White Paper (2-4 pages) on Key Topic #1 that summarizes background,
internal/external stakeholders and implications identified, options, benefits and costs/impacts,
relationship to identified values and city strategic plan goals
o A Final White Paper (2-4 pages) on Key Topic #1 that incorporates review comments
• Provide support to a City Staff Meeting (from Task 8), led by the City Engineer, focused on Key Topic
#2 including the following:
o Up to eight (8) hours preparing meeting materials
o Up to eight(8) hours of follow-up research or investigation
o A Draft White Paper (2-4 pages) on Key Topic #2 that summarizes background,
internal/external stakeholders and implications identified, options, benefits and costs/impacts,
relationship to identified values and city strategic plan goals
o A Final White Paper (2-4 pages) on Key Topic#2 that incorporates review comments
• Provide support to a City Staff Meeting (from Task 8), led by the City Engineer, focused on Key Topic
#3 including the following:
o Up to eight (8) hours preparing meeting materials
o Up to eight(8) hours of follow-up research or investigation
o A Draft White Paper (2-4 pages) on Key Topic #3 that summarizes background,
internal/external stakeholders and implications identified, options, benefits and costs/impacts,
relationship to identified values and city strategic plan goals.
o A Final White Paper (2-4 pages) on Key Topic#3 that incorporates review comments
Assumptions
1. City will schedule and lead the discussions.
Deliverables.-
1. Draft and Final White Paper on Key Topic#1
2. Draft and Final White Paper on Key Topic#2
3. Draft and Final White Paper on Key Topic#3
Task 10 -Rating/Ranking Methodology
The purpose of this task is to develop a repeatable methodology for the City to apply to stormwater projects
and establish a priority for implementation. Ranking shall be based upon a cost to benefit ratio. The rating
system will focus on a methodology to quantify the benefits.
Engineer shall:
• Propose criteria & methodology for rating the benefits of stormwater project or program
recommendations that considers the following:
o Severity of problem
o Land ownership
o Opportunities for partnerships/outside funding
o Natural resources benefits/impacts
o Operations and Maintenance
o Sustainability
o Ability to prevent degradation
o Benefits to other infrastructure (trails, sanitary sewer,roads, etc.)
o Benefits to private property
o Anticipated ability to address future regulatory requirements
o Public comment
Prepare Draft White Paper (2-4 pages) and spreadsheet calculator for rating stormwater project or
program recommendations.
• Present to City Staff and Stormwater Planning Committee at meetings (meetings defined in Task 8).
Revise to includes staff and committee comments and prepare Final Draft White Paper (2-4 pages) and
spreadsheet calculator for rating stormwater project or program recommendations.
Deliverables:
1. Draft and Final White Paper and spreadsheet calculator for rating and ranking projects and
programs
STEP D: SOLUTIONS
Task 11 -Tool Kit Development
The purpose of this task is to develop and describe project or program solutions to be applied individually
or in combination at various locations throughout the study area as recommendations in the Master Plan.
Engineer shall:
Develop a list of up to sixteen (16) Stormwater Management Tools for the Tool Kit.
• Prepare a 2-page (front and back of 1 page) Stormwater Tools Summary Sheet template that presents
the following information in a simple format:
o Name of Tool
o Description
o Precedent Image
o Schematic Detail (plan, section, or other)
o Use and Applicability
o List of Benefits
o Define a Unit of Measurement for Design that estimates a quantity/size for this tool based upon
a physical feature in the watershed like area or flow rate. For example, vegetated swale footprint
based upon contributing impervious area or spacing of grade control structures based upon
channel slope.
o Define a Unit Price per Unit of Measurement for each tool to be used for Cost Estimating.
o Relative effort for Permitting.
o Relative effort for Implementation.
o Relative effort for On-going Maintenance.
• Prepare a Draft Stormwater Tools Summary Sheet for each of the Stormwater Tools on the list.
• Prepare a Draft Stormwater Tool Kit Summary Table
• Prepare a Final Stormwater Tool Kit Summary table and Final Stormwater Tools Summary Sheet for
each of the Stormwater Tools to address one round of comments and feedback from review
Deliverables:
1. Draft and Final Stormwater Tools Summary Sheets
2. Draft and Final Stormwater Tool Kit Summary Table
Task 12- Draft Project List
The purpose of this task is to identify specific draft recommendations for the Master Plan and actions that
will define the Stormwater Capital Improvement Plan.
Engineer shall:
• Prepare a list of up to ten (10) early action projects for use in the city's capital improvement program
process.
o Prepare a list of up to twenty-two (22) proposed projects/programs, in addition to the early action
projects.
a Prepare descriptions (including subbasin and reach), cost information, and details necessary for rating
each project or program and tabulate information in a spreadsheet/table.
• Load information into a Geodatabase for Proposed Projects and Programs.
• Utilize the CIP Fact Sheet template and Programmatic Recommendation Fact Sheet template to present
the summary information for each of the proposed projects and programs.
Create Stormwater Subbasin Study Area Atlas of Maps of Proposed Projects and Programs that builds
on the Existing Conditions maps,but includes the following additional data sets:
o Proposed Projects
o Proposed Programs
Deliverables:
1. List of up to ten (10) early action projects
2. Geodatabase for Proposed Projects and Programs
3. CIP fact Sheets
4. Projects and Programs Fact Sheets
5. Proposed Projects and Programs Atlas of Maps
Task 13—Modeling to Support CIP Development
The purpose of this task is to perform modeling and calculations needed to estimate size and scope of
proposed solutions to inform the planning level cost estimates, and to verify or revise the estimated benefits
rating.
Engineer shall:
• Perform hydrologic and hydraulic calculations using TRUST to estimate sizing of proposed projects for
quantity management.
• Perform hydrologic and hydraulic calculations using GIS, spreadsheets, and other methods as proposed
and agreed to by City to estimate sizing of proposed projects for water quality.
• Perform hydrologic and hydraulic calculations using GIS, spreadsheets, and other methods as proposed
and agreed to by City to estimate sizing of proposed projects for addressing stream erosion and stability.
• Perform hydrologic and hydraulic calculations using GIS, spreadsheets, and other methods as proposed
and agreed to by City to assist in evaluating proposed projects and programs to establish planning level
cost estimates.
• Format calculations and model output into an Appendix of Calculations
• Prepare a Draft White Paper (2-4 pages) to summarize calculations performed and reference the
Appendix of Calculations.
• Prepare a Final White paper (2-4 pages) to incorporate comments from City staff and/or updates to
calculations made following the Draft White Paper.
Deliverables:
1. Draft and Final White Paper summarizing calculations
2. Appendix of Calculations
Task 14-Rating& Ranking of Draft Projects
The purpose of this task is to apply the agreed upon rating methodology to the Draft Project and Programs
to suggest preliminary prioritization of Master Plan recommendations.
Engineer shall:
• Determine preliminary ratings for draft projects and programs by subbasin,and citywide.
• Prepare materials for presentation of the Draft Projects, Programs, and preliminary prioritization results
to city staff and Planning Committee (at meetings defined in task 8) and lead a process to review the
results.
• Revise rating methodology based upon comments from staff and committee feedback and re-apply
ratings for draft projects and programs by subbasin, and citywide.
• Prepare materials for presentation of the draft projects, programs, and preliminary prioritization results
at open houses (defined in task 8) to gather input from the public on draft projects and priorities.
• Compile and document public comments.
• Incorporate public comments into scores produced by the rating methodology and re-calculate final
prioritization of projects and programs by subbasin, and citywide.
Deliverables
1. Spreadsheet Calculator populated with Draft Projects and Programs and showing Prioritization
results
STEP E: FUNDING
Task 15—Explore Funding Strategy
Engineer shall:
• Attend one City staff meeting(defined in task 8) to discuss funding options for stormwater.
• Prepare Draft White Paper (4-6 pages) to summarize possible funding strategies and steps needed to
evaluate the funding strategies (i.e.-SDC Analysis,Utility Rate Study,etc.).
• Attend one City staff meeting (defined in task 8) to discuss Draft White Paper and recommended steps
for developing and quantifying funding solutions.
• Prepare Final White Paper (4-6 pages) on possible funding strategies and steps needed to evaluate the
funding strategy that incorporates responses to review comments from City Staff.
Assut*fions
1. This specific scope of work will be revisited with FCS Group as we get further into the project and
know more about the types of projects and programs that need funding.
Deliverables:
1. Draft and Final White Paper on possible funding strategies
STEP F: MASTER PLAN
Task 16—Greenways/Green Infrastructure Operations and Maintenance Plan
The purpose of this task is to develop and Operations and Maintenance (O&1) Plan for Greenways.
Engineer shall:
• Assemble a collection of images of Greenways provided by the City, Clean Water Services, and the
Consultant Team for presentation and discussion with City staff.
• Review the images at a meeting with City Staff (defined in task 8) and sort them into examples of
aesthetically "Good" and `Bad" examples of greenway conditions to define a desirable level of service.
The group will brainstorm the attributes of each that contributed to the designation of a Greenway as
"Good"or`Bad."
Compile results of the meeting into a draft narrative offering level of service (LOS) guidelines for
greenway maintenance.
• Organize a subset of images for presentation as precedent examples to accompany the narrative.
• Review information provided by City staff on current maintenance practices and costs.
• Develop a set of three (3) to five (5) different levels of service with respect to O&M efforts and needs
along with cost/acre for each.
• Work with City staff to define a GIS dataset of the land area to be included as greenway in the O&M
Plan.
• Calculate total cost to the City if all greenway areas were maintained at each of the LOS.
• Recommend a LOS for different greenways around the City using evaluation criteria such as utility
access,volume of users, public safety, access for emergency response, stormwater uses, and recreational
uses.
® Re-calculate total costs for the recommended LOS.
Assumptions:
1. City will prepare the Draft and Final Greenways/Green Infrastructure O&M Plan
Deliverables.
1. Level of Service narrative
2. LOS for Greenway Maintenance Cost Estimate calculations spreadsheet
Task 17—Master Plan
The purpose of this task is to develop a Stormwater Master Plan that is easy to understand by a wide range
of audiences but includes the supporting details for those that want or need it. The project team proposes
to develop a Story Map online that tells the Stormwater Master Plan "Story," accompanied by interactive
map products, and links to technical documents that contain more detailed information.
Engineer shall:
• Prepare Draft White Paper (2-4 pages) to summarize unit prices and methodology used for developing
cost estimates for projects and programs.
• Present to City Staff at meeting (meeting defined in Task 8)
• Revise to include staff comments and prepare Final White Paper (2-4 pages) on unit prices and cost
estimating methodology.
• Prepare Preliminary Draft Master Plan content in a PowerPoint file following the Story Map
Diagram/Table of Contents developed in STEP A.
• Incorporate response to review comments and prepare Draft Master Plan content in a PowerPoint file
with proposed revisions to the Story Map.
• Incorporate response to review comments and prepare Final Master Plan content in a PowerPoint file
with proposed revisions to the Story Map.
• Coordinate with City GIS staff on format and content of the interactive GIS mapping included online as
part of the Stormwater Story Map.
Assumptions:
1. City staff will build and host the Story Map using content developed and provided by the Project
team.
Deliverables:
1. Draft and Final White Paper (2-4 pages) on unit prices and cost estimating methodology
2. Preliminary Draft Master Plan content in a PowerPoint file
3. Draft Master Plan content in a PowerPoint file
4. Final Master Plan content in a PowerPoint file