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Wolf Water Resources ~ C170054 Citi-of'Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Bind. AMENDMENT #2 SUMMARY 'Tigard,Oregon 97223 Phone-(503) 631-4171 r FIELD CHANGE ORDER FORM Fax- (503) 684-"7297 www.ti d-ur. ov Project Title: Slope Stabilization Derry Dell Cr.At SW Project Manager: Carla Staedter 118 h Ct. Streambank Stabilization and Outfall Repair Contractor: Wolf Water Resources Original Contract#:C170054 Effective Dates: 1/30/17—6/30/18 Change Order/Amendment Amount: $40,065 Accounting String: 510-8000-56005-94016-130 Amendment Percentage Running Total: 24% AMENDMENT DETAILS Fluvial geomorphology and beaver analog training and assistance for Tigard crews to address erosion on Derry Dell Creek. CHANGE ORDER DETAILS UNIT QTY UNIT$ NOTAL$ Original Contract Amount 167,615 Amendment 2 Amount 1 1 LS 40,065 Total Contract 207,680 REASONING FOR CHANGE ORDER/AMENDMENT Stream restoration to repair erosion on Derry Dell creek was initially assumed to be completed as part of environmental mitigation for landslide repair. However, stream channel mitigation was not required by permitting agencies leaving eroded areas un-repaired. This amendment will train Tigard crews in methods to repair stream erosion allowing them to complete stabilization along Derry Dell Creek and in other areas of the city. BUDGET IMPACT AND REQUIRED ACTIONS This amendment is within the current fiscal year project budget. 41 QUES G 1ROJEUMINAGER APPRoviwr.CITY STAFF Signature Signature 'V 1.9 q 13&LOUK 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 work. The unit pricing in the original contract shall apply to all Signature additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember— the cumulative total of Amendments cannot exceed the project's FY budget. Date CITY OF TIGARD,OREGON ENGINEERING SER vic SAGREEYE 11T DERRYDEu CREEKAT lle COURT SMEAMSANK STABIMATIONAND O=AU REPAIR C1700S4 AMENDMEIPrr#2 THIS AGREEMENT is hereby amended as follows:made and entered into this 26'dap of January,2017, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the"Cit;," and Wolf 7✓ater Resources, Inc.,whose aur.orized repsesentative is Marjorie Wolfe, PE, and having a principal being a registem-d 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 June 30, 2018, 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 is this Agreement The Basic Fee shall not exceed the amount of �1:►i� -� = r?��e'-=s'��► �� -�����- _1rt AX Two d'SstT�^-e Seven l.s7.�ii.7Ssai' d Si dreg, �i' vy� ; � N6/100 Dollars Six ri*sn s.s4s �,i .a5, and $ r51r5 jet i,ft 0.!)0,'without prior written authorization. IN FITNESS 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 VOLF WATER iRESOURCEs Signature Signature Printed Name Printed ame Date f Date Scope of Work P;P.OJEC f T 17LE: FLT.JVLkL GE QMORl ITOLO �'►'Y AND. ii+rAVER DANT A iLO riTES CCINTRACTOR: Wolf Water Resources,Inc.(W2r) PROJECT. DURATION: March 22, 2017 through June 30,2017 or prior to this date when Contractor's completed performance has been accepted by the City of Tigard. PR01TEE C T T)ESCTaPT10N Over the past couple of years,the City of Tigard has been installing a.perimental beaver dam analogues in an et7jort to mitigate for urban stream degradation,including channel incision and bark instability.The:Public Works department is responsible for the installations and any further BDA deployment.These installations have not been formally assessed for prolonged stability,potential risks,or overall effectiveness.Tie City Project Manager and Public iyorks cmv have expressed interest in broadening their understanding of the roles of mud based geomorphology and riparian vegetation p'ay along local,degraded reaches. To address this knowledge gap,W2r will develop an applied course addressing the fundamentals of mud based geomorphology and how these principles influence the installation of beaver dam analogues(BDAs)and reach scale dynamics.Course materials will be generated based on insights gained through observing the City's expenmenW BDA efforts and Var's professional experience implementing BDAs and knowledge of fluvial geomorphology.The course will'be structured with up to two sessions of two hours each,followed by two-three field days. SCOPE NARRATIVE.42M DELrvEkABT�Es Task 1 Progect IKnnagemant,Admidsl ntien,and Aleetings The consultant team will be working closely with City of Tigard staff throughout the project.This task includes coordination of project activities with the City Project Manager and the Public Works Department staff. Budget: 1,s55 Schedule: March 22,2013 to Jenne 30,2015 Deliverables: Monthly invoices with progress reports and any schedule updates Deliverables Due: MonVhTy Assumptions: Meetings include up to two(2)course development inview meetings with the City Project Manager.Check in phone calls will occur as needed during active project delivery.All meetings are assumed to be one(1)to two(2)hour(s).Invoicing will include a breakdown of costs per task and will give estimates of percent complete for each task and for the overall project. Task 2 Site Observations,Research,and Course Deveiopme:t The contractor will evaluate existing BDA installations for effectiveness,lateral erosion concerns,and sustainability.Suitable sites for installation during the course will also be selected during the visit.Desktop research will include reviewing before and after photos of the City experimental BDAs locations,the compilation of a literature review for course development,and the development of graphics to assist in the develop of the course presentation,handbook,and assessment.sheet. The course will include,but not limited to: Exhibit A Scope of Work PROJECT TITLE: FLUVIAL GEOMORPHOLOGY AND BEAVER DAM ANALOGUES CONTRACTOR: Wolf Water Resources,Inc.(W2r) PROJECT DURATION: March 22, 2017 through June 30, 2017 or prior to this date when Contractor's completed performance has been accepted by the City of Tigard. PROJECT DESCRIPTION Over the past couple of years,the City of Tigard has been installing experimental beaver dam analogues in an effort to mitigate for urban stream degradation,including channel incision and bank instability.The Public Works department is responsible for the installations and any further BDA deployment.These installations have not been formally assessed for prolonged stability,potential risks,or overall effectiveness.The City Project Manager and Public Works crew have expressed interest in broadening their understanding of the roles of mud based geomorphology and riparian vegetation play along local,degraded reaches. To address this knowledge gap,W2r will develop an applied course addressing the fundamentals of mud based geomorphology and how these principles influence the installation of beaver dam analogues(BDAs)and reach scale dynamics.Course materials will be generated based on insights gained through observing the City's experimental BDA efforts and W2r's professional experience implementing BDAs and knowledge of fluvial geomorphology.The course will be structured with up to two sessions of two hours each,followed by two-three field days. SCOPE NARRATIVE AND DELIVERABLES Task 1 Project Management,Administration, and Meetings The consultant team will be working closely with City of Tigard staff throughout the project.This task includes coordination of project activities with the City Project Manager and the Public Works Department staff. Budget: $ 1,855 Schedule: March 22,2018 to June 30,2018 Deliverables: Monthly invoices with progress reports and any schedule updates Deliverables Due: Monthly Assumptions: Meetings include up to two(2)course development review meetings with the City Project Manager. Check in phone calls will occur as needed during active project delivery. All meetings are assumed to be one(1)to two(2)hour(s).Invoicing will include a breakdown of costs per task and will give estimates of percent complete for each task and for the overall project. Task 2 Site Observations,Research,and Course Development The contractor will evaluate existing BDA installations for effectiveness,lateral erosion concerns,and sustainability. Suitable sites for installation during the course will also be selected during the visit.Desktop research will include reviewing before and after photos of the City experimental BDAs locations,the compilation of a literature review for course development, and the development of graphics to assist in the develop of the course presentation,handbook,and assessment sheet. The course will include,but not limited to: 1 1. Management history of urban streams 2. Influential factors which lead to urban stream degradation 3. Risks to infrastructure,recreation,private property,ecological function 4. Principles of fluvial geomorphology in mud/silt system 5. Importance and general composition of riparian vegetation 6. The beaver's role in sediment storage, flood control,water quality, etc. 7. Benefits,risks,and costs associated with BDAs 8. Assess existing BDA placements and identify why course BDA sites were chosen(introduce assessment sheet) 9. Install two(2)to three(3)BDAs with Public Works staff Budget: $ 15,300 Schedule: March 22,2018 to May 10,2018 Deliverables: Draft of Course Materials(Presentation,Handbook,and Assessment Sheet) Deliverables Due: April 30".2018 Assumptions: Previously generated materials by the City of Tigard deem useful for the development of the course will be provided to the Contractor. Such material may include,before and after pictures of experimental BDA installations, existing handbooks,etc.If applicable,The City of Tigard shall obtain permission for the Consultant to access private property. Task 3 Course Implementation The course shall be conducted over a two(2)to three(3)day period.The classroom portion of the course shall take place at City's facilities in a room arranged by the City's project manager.The initial classroom portions shall be two(2)hours in length.The applied field portion of the course will be conducted at various site previously determined by the Contractor and the City's project manager.The field portion of the course will be conducted over a two(2)day period,consisting of six(6)to eight(8)hour days. Materials required for the installation of BDAs shall be determined prior to the course by the Contractor. The City of Tigard shall provide the Contractor with two(2)suitable course date ranges consisting of a two (2)to three(3)day window. The Contractor shall pick one of these date ranges. Budget: $8,070 Schedule: April 30,2018 to June 15,2018 Deliverables: Implementation of the course materials Deliverables Due: No later than June 301,2018 Assumptions: The City of Tigard is responsible for procuring the necessary materials required for the installation of course BDAs. Task 4 Course Debrief and Future Development Meeting A meeting with the City Project Manager and involved contractor staff shall meet following the completion of the course to review the outcome and identify successful aspects and improvement areas.The course handbook will reflect meeting notes as annotations to the original text.A digital copy of the annotated document will be provided to the City Project Manager. Budget: $2,040 Schedule: June 15,2018 to June 30,2018 Deliverables: Annotated course handbook outlining successes and development areas Deliverables Due: No later than June 3011,2018 Task 5 Extra Work as Authorized 2 BUDGET DETAIL d 3 d t _ Y C .A Q. S. Y O f�0 City of Tigard WE v� ° a CL o d '� 3 Fluvial Geomoph and Urban Stream Enhancement w/BDAs Task rn N ° a No. Task Description(assumptions) `9 ,A '^ $135 $130 $185 $95 1 Project Management 10 $1,855 Meeting with City Staff 2 2 2 6 $830 Monthly Check-ins 2 2 4 $460 Reimbursable Expenses $565 2 Site Observations,Research,and Course Development 124 $15,300 Site Observations 8 8 8 24 $3,320 Literature Review 2 2 4 8 $1,020 Graphics Development(as needed) 2 16 2 20 $2,540 Assessment Sheet Development 6 10 16 $2,060 Handbook and Presentation Development 8 8 40 56 $6,360 3 Course Implementation 58 $8,070 Classroom Session 4 4 4 12 $1,660 Field Session 6 20 20 46 $6,410 4 Course Debrief and Future Development Meeting 16 $2,040 Meeting with City Staff 4 4 4 12 $1,660 Transcribed Annotated Handbook and Assessment Sheet 4 4 $380 5 Extra Work $4,000 Additional Work as Authorized $4,000 TOTALS 38 54 100 208 $31,265 Videography Services $8,800 Videography of classroom session(option 1) $3,400 Videography of Field sessions(option 1) $5,400 GRAND TOTALS $40,065 Task Budgets are provided as guidelines. Tasks 1-4 not to exceed$27,265. 4 Additional work as directed by the City of Tigard project manager. No work under this task item shall be paid unless authorized in writing by the City project manager. Budget: $4,000 Additional Videography Services The course will be documented in full by Megan Swanson Photography to develop training material. Video and audio content will serve as on-boarding content for new City crew members. Budget: $8,800 Schedule: April 30,2018 to June 30,2018 Deliverables: Professionally edited training video Deliverables Due: No later than June 3011,2018 3 City of latd CONTRACT CHANGE ORDER/ 13125 S\X'Hal Blvd. Tigard,Oregon 97223AMENDMENT # 1 SUMMARY L ti Phone- (503' 639-4171 �,`c: FIELD CHANGE ORDER FORM Fax- (503) 684-72 97 — Project Tide: Slope Stabilization Derry Dell Cr.At SW Project Manager: Carla Staedter 118 'Ct. Contractor: Wolf Water Resources O ' al Contract#:C170054 Effective Dates: 1/30/17—6/30/18 Chane Order/Amendment Amount: $0 Accounting String. 510-8000-56005-94016-130 Amendment Percentage Running Total: 0% AMENDMENT DETAILS Change in Termination Date CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ O ' al Contract Amount 167,615 Amendment 1 —change in termination date only Total Contract 167,615 REASONING FOR CHANGE ORDER/AMENDMENT Contract extended to be available to the contractor during planting period. BUDGET IMPACT AND REQUIRED ACTIONS No budget impacts 1REQUESyfkJ PROJECk XANAGER APPR ING CITY STAFF C Z Signature Signature t — t 7 (.T Date Date Contractor is hereby authorized by the City of Tigard to perform CON'T'RACTOR 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 CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT DERRY DELL CREEK AT 118TH COURT STREAMBANK STABILIZATION AND OUTFALL REPAIR C170054 AMENDMENT #1 THIS AGREEMENT, made and entered into this 26' day of January, 2017, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Wolf Water Resources,Inc.,whose authorized representative is , Marjorie Wolfe, PE, and having a principal being a registered engineer of the State of Oregon,hereinafter referred to as the"Engineer,"is hereby amended as follows: 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, upon completion of the work or Deeefnber 31, 2017 June 30, 2018, whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 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 TIGAIRD WOLF WATER RESOURCES :��Z Signature Signature 1 AAv�' a L. It)toe 1�reo tcc, lit./®f -L— Printed Name Printed ame Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUST ACCOMPANY EVERY CONTRACT Contract Title: Slope Stabilization Derry Dell Cr. at SW 118`'Ct. Number: -Q(M Contractor: Wolf Water Resources Contract Total: 167,615.00 Contract Overs iev.: This contract designs a slope stabilization and out al repair on Dem Dell Creek in the 3X=t3:of S\X' 118th Court Initial Risk Level: ❑Extreme ❑High ❑ Moderate X Low Risk Reduction Steps; based on the love risk assessment our insurance reauu'ements are adequate to reduce our risk. "This has been verbally reviewed math Jerimfer Risk Comments.- Risk omments:Risk Signature: Contract Manager: Andy Newbury/Carla Staedter Ext: 2417/2788 Department Pix-Engineering— Type: ❑ Purchase.Agreement ❑ Personal Seri ice ❑ General Sen ice ❑ Public Improvement ❑ IGA X Other: Engineering Services Start Date- 1-30-17 End Date: 19t 3. 6bJ'7 Quotes/Rids/Proposal-, FIRM AMOUNT/ OR Wolf Water Resources 291 OTAK 290 AAIEC 286 HHPR 281 Henderson 265 Account String: Fund-Division-Account Work Order– A twit. Tae Amount FY 2017 510-8000-56005 94016-130 $153144 FY 2018 510-8000-56005 94016-130 S14 4''1 FY FY FY Approvals - LCRB Date:January 10,2017 Department Comments- Department Signature, Purchasing Comments: 'Purchasing Signature: Citi :Manager Comments: Citi-Manager Signature.; After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract Numbe S CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT DERRY DELL CREEK AT 118TH COURT STREAMBANK STABILIZATION AND OUTFALL REPAIR THIS AGREEMENT, made and entered into this 26`' day of January, 2017, by and between the City of Tigard,a municipal corporation,hereinafter referred to as the"City," and Wolf Water Resources,Inc., whose authorized representative is Curtis Loeb, PE, and having a principal being a registered engineer of the State of Oregon,hereinafter referred to as the "Engineer." RECITALS WHEREAS, the City's 2016-2017 fiscal year budget provides for engineering consulting services for the Derry Dell Creek at 118`'Ct project; and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the public works improvement program of the City; and WHEREAS, the City desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer is willing and qualified to perform such services; THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth herein,and as provided in Exhibit 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 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 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 One Hundred Sixty Seven Six Hundred Fifteen and No/100 Dollars ($167,615.00) 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 fixrnish 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. 2017 QBS—Derry Dell Creek at 1181hCourt Streambank Stabilization and Outfall Repair 2 17') ,.:-: .. 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 "DNX'G" 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 Cit;-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. 2017 QBS—Derry Dell Creek at 118th Court Streambank Stabilization and Outfall Repair 3 1 '.' c 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 2017 QBS—Derry Dell Creek at 11811'Court Streambank Stabilization and Outfall Repair 4 F <. ._ 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 requited 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 Liabilit; 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 S)mbols 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. 2017 QBS—Derry Dell Creek at 11 81hCourt Streambank Stabilization and Outfall Repair 5 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 v.-ill be endorsed to provide a"per project"aggregate. F. Extended Reportin=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 Rath 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 tight to reject all or any insurance carrter(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. 2017 QBS—Derry Dell Creek at 118d,Court Streambank Stabilization and Outfall Repair 6 1 P t; 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,%ithin 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-liabilit;� 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 map 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: 2017 QBS—Derry Dell Creek at 118th Court Streambank Stabilization and Outfall Repair 7 1 F 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Engineer, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed for Engineer, or if there is an assignment for the benefit of creditors of Engineer. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Engineer, may terminate the whole or any part of this Agreement: 1) If Engineer fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 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: 2017 QBS—Derry Dell Creek at 118th Court Streambank Stabilization and Outfall Repair 8 rr c, CITY OF TIGARD WOLF WATER RESOURCES,INC. Attn: Carla Staedter Attn: Marjorie Wolfe,PE Address: 13125 SW Hall Blvd. Address: 1001 SE Water Ave Ste 180 Tigard, Oregon 97223 Portland OR 97214 Phone: (503) 718-2788 Phone: (503)207-6688 Email: carla a,tiggd-oror.gov Email: mwolfea wolfwaterresources.cotn 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 nor Engineer shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 2017 QBS—Derry Dell Creek at 11811'Court Streambank Stabilization and Outfall Repair 91 i` y 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 with all federal,state,and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279A,279B, and 279C. 21. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 22. Access to Records City shall have access to such books, documents, papers and records of Engineer as are directly pertinent to this Agreement for the purpose of making audit, examination,excerpts and transcripts. 23. Audit Engineer shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Engineer agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 24. Severabiliity 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. 2017 QBS—Derry Dell Creek at 118thCourt Strearnbank Stabilization and Outfall Repair 10 1 I 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 any 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 2017 QBS—Derry Dell Creek at 118d,Court Strearabank Stabilization and Outfall Repair 111 P of Engineers 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 January 17,2017 meeting. CITY OF TIGARD WOLF WATE RESOURCES,INC. 7-Marjorie Wolfe-President By: Marty Wine, City Manager By: ot&d Contractor Representative ( ' 3G • 2a 1/25/2017 Date Date 2017 QBS—Derry Dell Creek at 118th Court Streambank Stabilization and Outfall Repair 12 Exhibit A Scope of Work PROJECT TITLE: Derry Dell Creek at 118`'Court Streambank Stabilization and Outfall Repair Engineering, Stream Restoration,and Construction Management Services CONTRACTOR:Wolf Water Resources,Inc. (Consultant) Subconsultants:AKS,Shannon&Wilson, Willamette Cultural PROJECT DURATION: January 31, 2017 through June 30`'',2018 or prior to this date when Contractor's completed performance has been accepted by the City. PROJECT DESCRIPTION The purpose of this project is two-fold. First the project will repair two severely eroding and sliding streambanks on Derry Dell Creek,one below a stormwater outfall 85 feet upstream of 118`'Court and one 215 feet downstream of 118''Court. Second,and equally as important is to evaluate stream conditions between 115th Avenue and 118th Court.This includes identifying and inventorying significant channel incision and streatnbank instability issues,identify g threatened sanitary, stormwater,and trail infrastructure,evaluating risks to private property,and using this information to choose stream channel mitigation sites that will address the most serious of these problems.The project should also provide a report that identifies,prioritizes,and describes projects needed to stabilize channel incision and eroding streambanks which threaten public and privately owned infrastructure along the creek between 118th Court and 115th Avenue. SCOPE NARRATIVE AND DELIVERABLES Task 1 Project Management,Administration, and Meetings The consultant team will be working closely with City staff throughout the project.This task includes coordination of project activities with subconsultant staff and the City. Consultant will attend one public meeting and perform administrative services necessary for completion of project. Includes periodic check in meetings with City Project Manager,a start up meeting,and at least four design review meetings. Budget: $ 10,919.00 Schedule: January 31,2017 to June 30, 2018 Deliverables: Monthly invoices with progress reports,updated schedule, Meeting Notes. Deliverables Due: Meeting Notes due within one week of meeting Assumptions: Meetings include a start-up meeting, and up to three (3) design review meetings with AKS &Consultant. Shannon&Wilson will attend the start-up and 50% design review meeting. Check in phone calls will occur weekly during active project delivery.The Public meeting is assumed to be two (2) hours. All other meetings are assumed to be one (1) hour. Invoicing will include a breakdown of costs per task and will give estimates of percent complete for each task and for the overall project. Task 2 Research,Data Collection, and Survey 2017 QBS—Derry Dell Creek at 11811,Court Streambank Stabilization and Outfall Repair 13 e This tasks includes field work and desktop research to prepare a base map and preliminary data collection for the design and permitting of the bank stabilization and outfall repair. The wetland delineation and geotechnical investigations will be scheduled immediately ahead of the survey to facilitate mapping. Shannon&Wilson will review their previous geotechnical reports on the landslide area and the most recent available LIDAR imagery. Shannon&Wilson will perform a reconnaissance of the landslide and outfall near 118`'court and mark exploration locations and features of geotechnical significance in the field to be recorded by the site survey. Shannon&Wilson will perform two hand auger borings to a depth of 15 feet or refusal at the outfall near 118` court. No additional explorations will be performed within the landslide. Geotechnical laboratory testing will include up to six moisture content tests and one Atterberg limits test. Geologic cross sections will be developed for both the landslide and outfall using the survey and previous and current explorations. Shannon&Wilson will perform geotechnical engineering evaluations including static and seismic slope stability analysis of both geologic cross sections. Shannon&Wilson will prepare a geotechnical report summarizing explorations, testing,and engineering evaluation's. The report will include geotechnical design recommendations for a rock buttress repair of the landslide and outfallrepair options including both a rock lined channel and buried pipeline The survey work shall include obtaining existing as built information from the City and Clean Water Services and utility locates.The survey shall include all trees over 6inches in diameter, topography sufficient to produce accurate one (1) ft contours,utilities,property lines,inverts and diameters of all outfalls and culverts, stream channel profile and cross sections at 50ft intervals.AKS shall establish horizontal and vertical survey control,tie in existing monumentation necessary to establish the existing right-of-ways,property lines,and easement locations within the project limits. AKS shall run vertical control from nearest City/County bench mark.Local control shall include at least 3 temporary benchmarks within visual line of site of project areas and outside the projected areas of disturbance to facilitate construction stake out and as built survey. Survey to be on City datum.The extent of the survey is shown in figure 1. Previous survey data shall be utilized to the extent feasible. Budget: $ 24,979.00 Schedule: January 31,2017 to February 9,2017 Deliverables: Base map of project sites, Geotechnical Investigations Memo Deliverables Due: February 9',2017 Assumptions: The City shall obtain permission for the consultant team to access any private property included in the work area.AKS will complete the surveying service as outlined in scope of work.AKS will tie existing survey monuments within the project limits.Preparing the pre/post- construction survey is not included in the scope of work or fee estimate.The one-call utility locating center will be notified to clear exploration locations and private utility locates will not be performed. Soil removed from the hand-auger borings will be used as backfill and soil and groundwater is not contaminated.The geotechnical report recommendations will be limited to the landslide and outfall. Task 3 Reach Scale Reconnaissance of Derry Dell Creek: 115th Avenue to 200'Upstream of 118th Court This task includes field work, desktop research,and review of data from the City of Tigard Stormwater Master Plan to prepare a reach scale assessment of stream instabilities. It will involve review of geologic literature (i.e. geologic mapping,well logs,landslide database,geotechnical 2017 QBS—Derry Dell Creek at 118111 Court Streambank Stabilization and Outfall Repair 14 J PiU e reports, and LIDAR imagery of the project areas). Based on reconnaissance and geologic literature review Shannon&Wilson will work with Consultant to identify areas of instability. Consultant shall identify key watershed characteristics and drivers as well as specific areas of current instability along the creek including potential future areas of concern i-ithin the creek.The field work shall be summarized in a technical memo that also develops a prioritized plan to address key areas of stream instability that are or will impact public sanitary and park infrastructure, and private property. Potential stream and wetland mitigation sites shall be identified. Budget: $ 14,821.00 Schedule: January 31,2017 to February 17,2017 Deliverables: Technical Memo and Maps of prioritized recommendations to address erosion Deliverables Due: February 17,2017 Assumptions: The City-shall provide LiDAR data,and GIS shapefiles for the sanitary and storm sewer systems through this reach.The City shall also provide information on previous vegetated corridor enhancement activities. Task 4 Reports,Permitting and Mitigation This task includes documentation and reports to complete all wetland delineation,vegetated corridor and natural resources assessments, and environmental permit applications and associated mitigation plans. The wedand delineation report will include mapping of ordinary high water for the streams and wetlands within the project areas and shall be submitted for concurrence to the Oregon Department of State Lands (DSL).AKS shall determine the Vegetated Corridor condition based on the Natural Resource Assessment guidelines contained in the Clean Water Services (C\X'S) Design and Construction Standards.AKS shall prepare and submit a Natural Resource Assessment Report to CWS and if necessary, the report will include a Tier 2 Alternatives Analysis for buffer encroachment meeting Design and Construction Standards to obtain a Service Provider Letter (SPL). The Natural Resource Assessment will include a required vegetated corridor enhancement plan and replacement mitigation plan for unavoidable permanent vegetated corridor encroachment. Significant Habitat is mapped in the study area on the City's Sensitive Lands Overlay District map. AKS will prepare a technical memorandum addressing Chapter 18.775.140 for Significant Habitat Areas Map Verification.AKS will also prepare a Joint Permit Application GPA) for submittal to the Oregon DSL and USACE.The JPA shall include quantities of removal/fill resulting from the project and the types of habitat impacted.The JPA will also include a function and value assessment for impacted wetlands/waters and an.alternatives analysis. Consultant will prepare the compensatory wetland and/or non-wetland waters mitigation plan for inclusion in the JPA. Consultant and AKS shall attend a pre-application meeting with the City and jurisdictional agencies at the beginning stages of the project to discuss agency requirements and approximate timelines for the project. Ongoing permit negotiations shall include coordination with other state and federal agencies, including the State Historic Preservation Office, the National Marine Fisheries Service (NMFS) and the Department of Environmental Quality (DEQ) during informal or formal consultation, to obtain necessary approvals and authorizations for the project.AKS shall provide permit application forms to the City in draft format for review and comment. Comments received from the City will be incorporated in the final version for submittal to DSL and USACE. If required,Willamette Cultural shall provide an historic and archaeologic resources report. 2017 QBS—Derry Dell Creek at 118th Court Streambank Stabilization and Outfall Repair 15 1 P .1 4;L Budget: $ 29,607.00 Schedule: February 10,2017 to March 1,2017 Deliverables: -X'etland Delineation Report, CWS Natural Resources Assessment and Tier II Alternatives Analysis,JPA and Compensatory Mitigation Plan,Notes from pre-application meeting Deliverables Due: Wetland Delineation Report due February 17`' and all other deliverables due March 15`''. Assumptions: The City shall pay all permit fees. Local land use permitting shall be completed by City staff.City shall review drafts within 3 business days.AKS will provide 50%drawings of the outfall and slope failure repairs for use in the natural resource permit applications. Permit exhibits will be prepared by Consultant and AKS. Task 5 Engineering Design This task includes 50%permit level design plans, and preliminary cost estimates followed by (PS&E) design sets at 90% and 100% design. Design and Layout shall include design development drawings in one submittal for both project sites and any recommended mitigation sites. Shannon&Wilson will provide detail sketches for rock buttress landslide repair and stabilization of the outfall for development civil design plans by AKS. The design development drawings will utilize all field information obtained from the previous activities and will also carefully evaluate issues surrounding environmental permitting and access for construction. Consultant and AKS shall prepare combined 50%construction documents to include: Title sheet; existing conditions plans,bank stabilization and outfall retrofitting plan and profile sheets, and any needed details. Plans will include outfall retrofitting design, slide stabilization design and any needed structure design,grading and erosion control plans and details as needed. Shannon&Wilson shall review all plans prior to submittal to the City and will provide special provisions for geotechnical elements.The plan set shall include vegetated corridor, stream,and wetland mitigation plans and details as required by all permits.The 5001% submittal shall include a construction cost estimate. Consultant and AKS shall prepare combined 90%construction documents, specifications and cost estimate: Include revisions to the 50%plans based on comments received from the City followed by 100% construction documents, specifications and cost estimates incorporating revisions to the 90% plans based on comments received from the City. Budget: $ 52,816.00 Schedule: February 10,2017 to May 5,2017 Deliverables and Due Dates: 50%Plans and Cost Estimate March 16`h 90%PS&E due April 21st 100°%PS&E due May 5' Assumptions: The City shall review submittals within 3 business days. • AKS will prepare a stormwater analysis to determine the 25-year peak flow to the existing outfall (03C172F) 2017 QBS-Derry Dell Creek at 118thCourt Streambank Stabilization and Outfall Repair 16 1 1' a U e • AKS will prepare construction drawings for the outfall and slope failure repairs including notes and details. Consultant will be responsible for assembling the construction plans. • The scope repair will be based on design parameters provided by Shannon&Wilson. • Consultant will be responsible for preparing contract specifications.AKS will review the standard specifications and provide recommendations for revisions and special provisions related to the civil design. • AKS will prepare a quantity take-off for civil items • AKS will prepare and engineer's estimate for civil items Task 6 Bidding and Construction Services This task includes services provided to facilitate bidding, construction oversight and record drawings at project completion. Consultant shall conduct a Pre-bid meeting at the City,respond to bidder inquiries, and prepare addenda during the bidding process as necessary.AKS and Shannon and Wilson shall be available to answer civil and geotechnical specific questions as required. Consultant shallreview bid pricing with City project manager during the protest period. Construction Services shall include submittal review, comments, and approval to the City within 3 business days of receipt of submittal. Consultant shall respond to RFI's during construction process and provide responses to BFI's within 3 business days of submittal. Construction Administration/Site Observation shall include: (1) Review contractor pay requests, quantity verification, and provide recommendations to the City project manager; (2) Review change orders and provide recommendations to the City project manager; (3) Provide periodic construction consultation on on-call basis; (4) Final walk through with City staff and contractor Record Drawings shall show the as constructed facilities and any mitigation sites in PDF and AutoCAD format. Budget: $14,473.00 Schedule: May 26,2017 to November 30,2017 Deliverables and Due Dates: Written response to RFIs Construction notes and written recommendations Record Drawings Assumptions: The City shall provide daily construction inspection services. Consultant review shall be required on average once per week during the construction period.AKS will respond to contractor civil questions during bidding and Consultant will respond to all other questions.AKS will respond to contractor RFIs and review civil submittals during construction. Shannon&Wilson will observe all prepared subgrade for the landslide and outfall repair and assumes a total of four construction site visits. 2017 QBS—Derry Dell Creek at 118th Court Streambank Stabilization and Outfall Repair 17 1 P a „u Task 7 Extra Work as Authorized Additional work as directed by the City project manager. No work under this task item shall be paid unless authorized in writing by the City project manager. Budget: $ 20,000.00 BUDGET DETAIL Task 1 Project Management,Administration, and Meetings $ 10,919.00 Task 2 Research,Data Collection, and Survey $ 24,979.00 Task 3 Reach Scale Reconnaissance of Derry-Dell Creek $ 14,821.00 Task 4 Reports,Permitting and Mitigation $ 29,607.00 Task 5 Engineering Design $ 52,816.00 Task 6 Bidding and Construction Services $ 14,471.00 Task 7 Extra Work as Authorized $ 20,000.00 Total $ 167,615.00 Task Budgets axe provided as guidelines. Overall project not to exceed$ 167,615.00 2017 QBS—Derry Dell Creek at 118t1'Court Streambank Stabilization and Outfall Repair 18 P a`,