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
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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
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