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Clean Water Services ~ AG203002 ~ Intergovernmental Agreement Between Clean Water Services And The City Of Tigard For Preparation Of A Red Rock Creek Sub-Basin Strategy And Implementation Planning Project No. 7044 INTERGOVERNMENTAL AGREEMENT BETWEEN CLEAN WATER SERVICES AND THE CITY OF TIGARD FOR PREPARATION OF A RED ROCK CREEK SUB-BASIN STRATEGY AND IMPLEMENTATION PLANNING PROJECT NO. 7044 This Agreement dated Mk r / V , 20 Qo, is between Clean Water Services (D' trict) a coun6 service district organized under ORS Chapter 451 and the City of Tigard, Oregon (City) an Oregon municipal corporation. A. RECITALS 1. ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary. 2. City and District intend to jointly undertake the Red Rock Creek Sub-Basin Strategy (Strategy) and Implementation Planning (Plan) Project (Project), to address stormwater management and hydromodification in the Red Rock Creek watershed including the area known as the Tigard Triangle. 3. City and District prepared a scope of services for a planning consultant to assist with development of the Strategy and Plan, and selected Otak, Inc. (Consultant)to perform those services. District and City negotiated a contract with Consultant. District entered into a contract with Consultant and District and City will share Project costs. 4. City and District agree that the Project includes administration and management of Consultant's contract, review of all Consultant prepared documents, and preparation of a final Plan document. NOW, THEREFORE, the parties do agree as follows: B. CITY OBLIGATIONS City shall: 1. Designate an individual to serve as City Project Manager. 2. Participate in Project meetings with District and Consultant. 3. Review and provide timely comments on Consultant submittals. 4. Provide access to the City-owned portions of the Project area as needed. 5. Review Consultant invoices for Project work provided by District and provide feedback or approval to District within one week. Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Pagel of 13 6. Pay quarterly invoices from District for the City's share of the cost of Consultant services associated with the Project Scope of Work attached as Exhibit A. The City's share of the Project will be 70 percent of the cost of Consultant's services. In no event shall City's payment under this Agreement exceed $160,000 without the parties entering into an amendment to the Agreement. C. DISTRICT OBLIGATIONS District shall: 1. Contract with Consultant for District and City planning services. 2. Coordinate project meetings with Consultant and City. 3. Coordinate review of Consultant submittals. 4. Review and process all Consultant invoices. District Project Manager shall confirm status of work with City Project Manager prior to paying Consultant invoices. 5. Ensure Consultant's performance of work detailed in Consultant contract and described in Exhibit A. 6. Invoice City quarterly for City's 70 percent share of Consultant costs based on invoices received by District from Consultant. 7. Make payments to Consultant. District's share of the Project costs will be 30 percent of the cost of Consultant's services. In no event shall District's contribution exceed $70,000 without the parties entering into an amendment to the Agreement. 8. Provide City with copies of Consultant's work products. 9. Obtain written approval from City prior to making any contract amendments with Consultant that would affect the scope of services or the cost for City. D. GENERAL TERMS 1. Amendment of Agreement City and District may amend this Agreement from time to time, by mutual written agreement. 2. Indemnification Clause Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the other and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement(including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law,which Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 2 of 13 arises out of, or results from,the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 3. Resolution of Disputes If any dispute arising out of this Agreement can not be resolved by the project managers from each party, the City Manager and District Chief Executive Officer will attempt to resolve the issue. If the City Manager and District Chief Executive Officer are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. If the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided by Oregon law. 4. Laws and Regulations City and District agree to abide by all applicable laws and regulations. 5. Integration tion This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. 6. Term of Agreement This Agreement is effective from the date of execution by both parties until the completion of all obligations created by this Agreement. 7. Termination This Agreement may be terminated only by mutual written agreement of both parties. 8. Interpretation of Agreement A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 9. Severability/Survival If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 3 of 13 10. Approval Required This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1) District's Chief Executive Officer or the Chief Executive Officer's designee and, when required by applicable District rules, District's Board of Directors and 2) City Manager and, when required by applicable City rules, the City Council. 11. Choice of Law/Venue This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CITY OF TIGARD, OREGON CLEAN WATER SERVICES By: By: �J/, � arty Wil , City Manager 1•io.;Apa,,> Diane Taniguchi ennis, Ctty o Tigard Chief Executive Officer APPROVED AS TO FORM P District Counsel Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 4 of 13 EXHIBIT A SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS WATER RESOURCES SERVICES FOR THE RED ROCK CREEK SUB-BASIN STRATEGY AND IMPLEMENTATION PLANNING PROJECT NO. 7044 I. PROJECT DESCRIPTION A large portion of Red Rock Creek is contained within an area known as the Tigard Triangle (Triangle) as depicted on Exhibit Al. The Triangle currently contains several big-box developments, some residential, institutional and other commercial land uses, as well as significant wetland and other natural features. This area is slated for extensive redevelopment by the City of Tigard(City) as well as TriMet's light rail extension. In order to accommodate the new development and be consistent with District's hydromodification programs, City and District are coordinating efforts to draft a Sub- Basin Strategy for Red Rock Creek and associated implementation plans. The Sub-Basin Strategy will include Red Rock Creek(I-5 to confluence with Fanno Creek) and the portion of Ball Creek within the Triangle(I-5 to OR 217) (Project Area) as shown on Exhibit Al. The Sub-Basin Strategy will determine existing and predict future flows, identify a suite of approaches to convey and manage those flows while enhancing stream ecology and preventing further degradation to the stream, and provide the City with project implementation plans for Red Rock Creek. II. SCOPE OF WORK Task 1 —Project Management Consultant shall: 1. Provide a qualified cohesive Project team to deliver a technically sound work product completed on schedule and within budget. Activities shall include planning, scheduling, communication, coordination, quality control, Project status reporting and Project invoicing. 2. Coordinate and attend a Project kick-off meeting with City and District Project management staff to discuss Project elements, background, scope, schedule, design criteria, operation and maintenance concerns, and City and District preferences and Project goals. District will provide Consultant copies of as-built or record drawings of the system, as requested by Consultant. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 5 of 13 3. Develop a schedule identifying critical tasks to meet the Project completion date. The schedule shall be updated as necessary and reflect the resources required to meet Project deadlines. 4. Perform Project management duties including regular phone updates, monthly invoicing, and monthly Project status reports, management of schedule, budget and scope to meet Project requirements. Project status reports shall list activities completed, Project challenges,proposed solutions to challenges, current schedule, goals for the coming month, and Project budget conditions. Identify and describe potential changes to the Project scope of work that occur during the reporting period that influence Project budget or schedule in the Project status report. 5. Provide technical support to stakeholder meetings with agencies such as US Army Corps of Engineers, National Marine Fisheries Service, Oregon Department of Environmental Quality, Oregon Department of State Lands, Oregon Department of Transportation, TriMet and other critical groups as defined by District. 6. Schedule and coordinate work conducted by subconsultants. Manage subconsultant billing, planning, schedule and budget management, quality control, cost tracking and invoicing. Subconsultant activities shall be detailed in the monthly Project status report. 7. Coordinate and manage the Project Team at each phase of design. Coordinate design reviews and implementation of design review comments. For each deliverable Consultant shall review and compile all review comments received and provide a response to each comment in a comment-response log. 8. Coordinate communication and work tasks with the team,District, and subconsultants to meet Project schedule. Task 1 Deliverables A. Meeting agenda and meeting minutes. Consultant will submit meeting agendas to District within five business days before each meeting and meeting minutes within five business days following each meeting documenting action items and decisions. B. Initial Project schedule in Microsoft Project format due within ten business days of District's Notice to Proceed (NTP). C. Monthly Project status reports no later than the twenty-fifth of each month for services performed the previous month. Bi-weekly e-mail Project progress updates as needed. D. Comment and Response logs to be submitted with each Task Deliverable. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 6 of 13 Task 2—Develop a Sub-Basin Strategy for Red Rock Creek 2.1 Review Existing Data Consultant shall: A. Review data provided by District and the City to support Sub-Basin Strategy development and later Project tasks. The following data will be provided by District to Consultant for review: i. Current land use in the Red Rock Creek Project Area including; property ownership, impervious surface cover(current and future), buildable lands inventory, land use history, and current and future zoning ii. Available terrestrial and aquatic habitat quality iii. Potential jurisdictional wetlands, waters, buffers, and vegetated corridors iv. Ten key stream sections that are representative of different conditions in the Project Area (Critical Reaches). v. Relevant portions of existing plans (land use, transportation, infrastructure masterplans, etc.)pertaining to Red Rock and/or Ball Creek B. Identify and provide recommendations for how critical data gaps may be addressed to enable completion of Tasks 2.3, 3.1, and 3.2. 2.2 Analysis A. Consultant shall perform further investigation and analysis of the Critical Reaches including: i. Characterization of geomorphic conditions in each Critical Reach ii. Documentation of current bank materials and channel substrate iii. Channel and floodplain structure iv. Outfall locations v. Known and potential impacts from hydromodification B. Based on District and City regulations and enhancement goals, data review, and Critical Reach analyses, Consultant shall recommend BMP performance metrics for each Critical Reach. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No.7044 Page 7 of 13 2.3 Develop Sub-Basin Strategy Consultant shall: A. Draft a Sub-Basin Strategy(Draft) to address hydromodification and other development impacts. District will define the Sub-Basin Strategy products in coordination with Consultant to include, but not limited to, format, content, level of analysis and detail. Consultant shall include the following elements in the Draft: i. Watershed characterization summary ii. Stormwater approaches including, but not limited to, low-impact development, stream corridor enhancement, and upland detention/retention. This will include: a. Locations for implementation of stormwater approaches b. Opportunities for co-location C. Specific catchments d. Design considerations e. Cost estimates (including land) f. Permitting considerations g. Other approach specific information as needed ill. Recommended policies and/or code changes iv. Opportunities to coordinate with existing plans and projects such as redevelopment, transportation,parks, etc. v. Potential funding alternatives including: a. Establishing or refining current methodology to assign a proportional cost of regional projects to development and redevelopment sites b. Overview of leverage points between City departments and other stakeholders C. Stormwater approach concepts that can be used/presented to mitigate impacts from Tri-Met/ODOT projects d. Grant and loan options e. Other innovative funding mechanisms vi. A stakeholder communication, outreach, and engagement plan including: a. Identification of key stakeholders b. Information and graphics for public and stakeholder meetings, including renderings of possible projects C. Table or graphic showing regional projects and triggers for when they need to be built (e.g., how to phase/sequence the needed projects) B. Prepare a Technical memo summarizing the data review and analysis performed in Tasks 2.1 and 2.2. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No.7044 Page 8 of 13 Task 2 Deliverables A. Technical memo summarizing data review from Task 2.1 in Word format by February 7, 2020. B. Draft Sub-Basin Strategy in Word format by March 20, 2020. C. Final Sub-Basin Strategy in Word and PDF format, incorporating District and City comments by May 22, 2020. Task 3—Develop Project Implementation Plans 3.1 Technical Analysis of Current Conditions in Red Rock Creek Basin Consultant shall: A. Apply appropriate hydrologic and hydraulic models to provide an assessment of current conditions in the Project Area. B. Determine the volume of water flowing under current development conditions in Red Rock Creek along its length and over a range of discharge events. C. Assess how well the stream channel and associated stream corridor convey flow without further impacts. i. Identify and document reference reaches, scour critical stream conditions, and hydraulic controls. Document bed and bank materials by visual inspection to estimate stable velocity thresholds. ii. Perform a limited geotechnical analysis focusing on stream corridors to identify likely areas of instability and areas of potential infiltration based on soil maps, geologic maps, and other sources of geotechnical information generated from the Tigard Stormwater Master Plan. iii. Perform cross-section surveys and create a longitudinal profile in consultation with and using District guidance at the 10 Critical Reaches identified in Task 2. These shall be suitable for use in conducting the hydraulic modeling for approximately 1.5 miles of stream channel. Where able, mowed access paths will be provided for Consultant access by the City. Channel cross sections will be taken: a. Upstream and downstream of bridges and culverts (four for each bridge and culvert plus bridge/culvert data to include bridge opening shape, abutments and low chord, and length and culvert type, size, and inverts to aid in developing the HEC-RAS model.) b. Upstream and downstream of hydraulic controls (two for each hydraulic control) C. At each Critical Reach (10 total) for an estimated total of 60 channel cross sections. A subset of 15 cross sections shall include survey of overbank areas. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 9 of 13 iv. Update the HSPF TRUST model for Project Area with revised infiltration rates, the extended period of rainfall record and basin delineation of major outfalls within the Project Area (approximately 15 outfalls). v. Re-run the HSPF model and extract flow duration curves from the updated HSPF model in the Red Rock Creek catchment for a range of desired flows to be provided by District, but not to exceed the 100-year peak stormflow. vi. Develop a 1 D steady flow model using HEC-RAS with rating curves based on HSPF TRUST flow duration model results. vii. Assess flow variables at the Critical Reaches identified in Task 2, with particular attention to stream power and shear stress conditions relative to bed and bank materials and instream structures. viii. Use rating curves to determine shear stress and velocity duration curves for design of proposed stream corridor. 3.2 Prepare Technical Memorandum No. 1 A. Technical Memorandum No. 1 (TM No. 1) shall summarize the analysis and model results from Task 3.1. TM No. 1 shall include but not be limited to maps, graphs, charts, graphics, and narrative and detailed methods used to analyze and carry out modeling that are replicable on future projects. Data generated in this Task shall be provided in Excel (where appropriate) and a format appropriate to conduct modeling and further analysis using standard HSPF and HEC-RAS models. 3.3. Model Future Conditions in the Project Area In order to predict future impacts to the streams in the Project Area, hydrologic and hydraulic analysis will be necessary to estimate future infiltration, runoff, instream and floodplain conditions when inundated with and without interventions. Using data from Tasks 2 and output from 3.1, Consultant shall: A. Develop and run a"future conditions" HSPF/TRUST model based on future land use changes provided by District to account for changes in impervious area and pervious area conditions, and anticipated water quality treatment facilities/LIDA to give a new runoff and flow duration output into Red Rock Creek. B. Use the existing channel condition data, HSPF/TRUST base hydrology with appropriate water quality facilities and HEC-RAS model, and"future conditions" land use to develop a hydraulic scenario to support Conceptual Design of instream and floodplain enhancements. 3.4 Evaluate Approach Alternatives Consultant shall: A. Use the Existing Conditions, Future Conditions, and Conceptual Design developed above to model three approach alternatives. Each alternative shall include the proposed stormwater projects outlined in the Tigard Stormwater Master Plan. The three Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 10 of 13 alternatives shall focus on additional approaches, such as upland detention/retention, outlined in Task 2.2 to address future run-off. B. Evaluate Alternatives i. Add potential stream corridor enhancements to the HEC-RAS model using District's enhancement hierarchy, considering multiple objectives in enhancement schemes. Analyze hydraulic results against existing hydraulic conditions. Determine threshold flow hydraulics at critical sections to estimate the upper limit of runoff that could be directed toward the stream corridor based on comparing existing to post-enhancement unit stream power, velocities, and/or shear stress. ii. Recommend detention storage volumes, locations and configurations using the TRUST model to manage runoff above threshold flows, with the outflow from detention storage incorporated as a component of the threshold flows. iii. Identify opportunities for infiltration including those associated with on-site water quality LIDA. 3.5 Prepare Technical Memorandum No. 2 A. Technical Memorandum No. 2 (TM No. 2) shall summarize the analysis and model results from Tasks 3.3 and 3.4. TM No. 2 shall include, but not be limited to, maps, graphs, charts, graphics, and narrative and shall include detailed methods used to analyze and model that are replicable on future projects. The memo shall also include a recommendation for a package of approaches based on the alternatives analysis. Data generated in this Task shall be provided in Excel (where appropriate) and a format appropriate to conduct modeling and further analysis using standard HSPF and HEC-RAS models. 3.6 Draft Project Implementation Plans Consultant shall: A. Use the Sub-Basin Strategy, existing City Capital Improvement Project plans and analytic results from Tasks 3.1 through 3.3 to develop up to four Project Implementation Plans documenting appropriate implementation strategies. The Project Implementation Plans shall focus on high-priority areas highlighted in the Tigard Triangle Stormwater Implementation Plan. Consultant shall work with District and City to identify the projects for implementation plan development and to define the Project Implementation Plan products. The specific components needed for each Project Implementation Plan shall include the following elements: i. Predesign (10% design)work establishing size, layout, design elements and criteria, permitability, constructability, expected property acquisition/easement needs, and costs. ii. Step-wise strategy for completing projects including but not limited to: a. Permitting approach b. Additional data collection and modeling Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 11 of 13 C. Land acquisition d. Other related steps to implement projects iii. Coordination plan to work with city parks and trails master plan efforts to accommodate expected trail alignment within restored stream, floodplain and greenway corridors. iv. Key partners and opportunities for coordination of projects. v. Phasing and sequencing of stormwater project recommendations tied to redevelopment actions. Include a table or graphic depicting regional projects and critical timing and coordination factors for scheduling and phasing construction. Project Implementation plans will include up to two 11x17 design sheets and up to four 8.5x 11 pages documenting the items from Task 3.4 in a consistent format, in both Word and PDF files. 3.7 Finalize Tigard Triangle Implementation Plan Consultant shall: A. Create a final Tigard Triangle Implementation Plan to include: i. Executive Summary ii. Implementation Triggers and Phasing iii. Basis of Approach iv. Summary Map of all Project Implementation Plans v. Attached Project Implementation Plans vi. Attached Sub-Basin Strategy vii. Incorporation of District and City comments Task 3 Deliverables A. TM No. 1 summarizing analysis and model results from Task 3.1 by April 14, 2020. B. TM No. 2 summarizing analysis and model results from Tasks 3.3 and 3.4 by April 20, 2020. C. Draft Project Implementation Plans by June 26, 2020. D. Final Project Implementation Plans by July 17, 2020. III. PROJECT MANAGMENT The Project Manager for District is Chris Faulkner. The Project Manager for Consultant is Joshua Owens. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 12 of 13 West Es E.Li E it r Jit Pal V.M T r I R D IU; c re 44., e z GK C too,,(SY.,,4, Red V.0, Trees Oak C;,..k Igard Exhibit Al C? no Cr It/creek Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 W. U-- Red Rock Creek Basin Tigard Triangle 0 025 Project Area alta Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 13 of 13 BIZ Date January 23, 2020 \� CleanWater \\\ Services File Project Red Rock Creek SubBasin Strategy and CLEAN WATER SERVICES Implementation Planning 2550 SW Hillsboro Highway Hillsboro,Oregon 97123 (503)681-3600 Subject Executed IGA To City of Tigard Attn: Lori Faha 13125 SW Hall Blvd Tigard, OR 97223 Item Copies Date Description 1 1 1/23/2020 Executed CWS-City of Tigard IGA for Red Rock Creek ❑ as you requested Remarks: Returned for your file. 0 for your information ❑ for your approval ❑ for your review ❑ return requested From Heather Speight • (503) 681-5109 • speighth@cleanwaterservices.org 41 City Council Document Transmittal To: From: Date: I'm sending you: Document Type: IGA ❑ Agreement ❑ Contract ❑ Other Between COT &: WAO- U, JU AC 01S Document Name: AOMY)uAr in C Wale Ic D 5Z,:ffi f z00kr0LV,W N n L c,k_,� x SW0 _ S n, s . ale a VAI !naUM!yd!2Ji U4 oomv�o I Kh- INLA Approved at the Council Meeting of: By: ❑ Ord. No. ❑ Res. o. Motion Number Copies Included: 3 ❑ Your document(s) have been signed by the Mayor Your document(s) have been signed by the City Managers As-aiw /Lt ❑ Your document(s) have been signed by the City Attorney Your document(s) requires an additional signature(s) — Q,; Q-r Sem C'Q-S ❑ Additional instructions: When all signatures have been obtained, file an ORIGINAL document with City of Tigard Records L•\ADM\CITY RECORDERS\FORMS\Cit}'Council Document Transinittal.docx