03/27/2000 - Packet • SUMMER LAKE TASK FORCE
MEETING NOTICE
MONDAY MARCH 27, 2000
6:30 — 8:30 PM
Tigard Water District Building
Lobby Conference Room
8777 SW Burnham Street
(Map Attached)
v6:30 PM Introductions- Gus Duenas
6:45 PM Council Objectives- Gus Duenas
x"7:10 PM Election of Task Force Chair
7:20 PM Review of Procedure and Schedule- Gus Duenas
7:40 PM Consideration of draft Request for Proposals (Attached)
Please review for discussion.
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8:20 PM Next Meeting-Monday May 1, 2000
8:25 PM Adjourn
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SUMMER LAKE TASK FORCE •
TENTATIVE SCHEDULE
March 27 Agenda attached
May 1 Select Consultants to be interviewed
May 8 Interview Consultants
June 12 Develop the criteria to be used to evaluate proposed alternatives
June 26 Select alternatives to be evaluated
July 10 Evaluate alternatives by Criteria
July 31 Select Preferred alternative
August 22 Present to Council
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f�
. MEMO
March 27, 2000
TO: SUMMER LAKE TASK FORCE
FROM: GREG BERRY, ADVISORY COMMITTEE
Howard Banta, Task Force member, has offered the following
definitions of key project management terms. Our productivity
can be improved by keeping them in mind so I urge your review.
-----------------------------------
alternatives--the different means by which objectives or goals can be
attained.
concept (conceptual) --an abstract notion or idea (of or pertaining to a
concept)
consensus--a collective agreement; an accord.
criteria--measurements which are used to examine relative degrees of
desirability among alternatives or degree to which a course of action
meets an intended objective. The quality level of a resource necessary
for it to be acceptable for a specific beneficial use. A rule, or
test, by which something can be judged. .
evaluation--an examination and judging concerning the worth, quality,
significance, amount, degree or condition of something.
endangered species--any species which is in danger of extinction throughout
all or a significant portion of its range other than species of the
Class Insecta. (Endangered Species Act)
enhance--to make higher or greater, as in reputation, cost, beauty, quality,
etc.
goal--a broad, general statement, not usually quantifiable, and is timeless
in that it usually has no specific date by which it is to be completed. The
"goal" is the principal statement from which objectives must be developed.
habitat--the natural place of abode of a plant or other organism. The
locality where the organism may generally be found, and where all essentials
for its development and existence are present. A geographical niche.
issue-- a point in question of law or fact; a controversial subject or topic;
a point of debate or controversy.
objective--a clear and specific statement of planned results to be achieved
within a stated time period. The results indicated in the statement of
objectives are those which are designed to achieve the desired state or
process represented by the goal.
An objective must include four essential elements: 1- It must state the
desired outcome-i.e. , what is to be accomplished. 2- It must indicate the
time period within which the expected outcome is to be achieved. 3- It
must include measurement factors, such as quantity, quality or cost, so
that the fact that the objective has been accomplished can be verified, 4-
It must indicate who is responsible for achieving the indicated results.
. option--an alternative; that which is offered for choice.
standard--the terms "standards" and "objectives" can be used interchangeably. (
. 2) An authoritative origin does not necessarily mean that a "standard"
is fair, equitable, or based on sound scientific knowledge, (e.g. , of the
functional cause- effect relationship between specific pollutant
concentrations and the resulting levels of damage) for it may have been
established somewhat arbitrarily on the basis of inadequate technical
data tempered by a cautious factor of safety. (3)
threatened species-any species which is likely to become an endangered
species within the foreseeable future throughout all or a significant
portion of its range. (Endangered Species Act)
1 Wildland Planning Glossary, Schwarz, Thor & Elsner, Pacific Southwest
Forest and Range Experiment Station, U.S. Dept.of Agriculture, Technical
Report PSW- 13, 1976
2 U.S. Federal Water Pollution Control Administration, 1968. Water quality
criteria. Report. of the National Technical Advisory Committee to the
Secretary of the Interior, p. 234
3 McKee, Jack H. and Harold Wolf, 1963. Water quality criteria. 2nd ed.
California State Water quality Control Board, p. 548
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City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
Phone: (503) 6394171
Fax: (503) 684-7297
Request for Proposal
Engineering Design Services
for
Summer Lake Water Quality Project
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File No. xxx
Proposal Submittal Deadline: April 19, 2000
Summer Lake Water Quality Project RFP
1
CITY of - •
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TABLE OF CONTENT
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Section 1 Request for Proposal
Section 2 Scope of Services
Section 3 Evaluation Criteria
Section 4 Administrative Information
Attachments
Attachment A Statement of Proposal
Attachment B Vicinity Map
Attachment Q Supplemental Information
Attachment D (Reserved)
Attachment E Contract for Engineering Services Sample
Summer Lake Water Quality Project RFP
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SECTION 1
Request for Proposal
Engineering Design Services for
Summer Lake Water Quality Project
The City of Tigard invites proposals from qualified consultants to provide Engineering
Design Services to improve water quality of Summer Lake. The scope of services includes
development of a conceptual design, final design, preparation and submittal of permits for
the construction of the project, preparation of contract and bid documents, and construction
staking and inspection.
Request for proposal documents are available at:
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Telephone: (503)639-4171 ext. 369
Monday through Friday between 8:00 AM and 4:45 PM.
The original and five copies of the proposal must be received by 2:00 PM on April 19,
2000. Neither late nor faxed submittals will be accepted. The proposal shall be submitted in
a sealed envelope entitled"Proposal for Engineering Design Services—Summer Lake Water
Quality Project and shall be sent to the City at the above address, Attn: Greg N. Berry, PE,
Utilities Engineer.
DJC &TT Publish date - xxx
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Summer Lake Water Quality Project RFP
SECTION 2
Scope of Services
BACKGROUND
On November 12, 1996, Council heard the concerns of nearby residents that the appearance of
the lake was deteriorating and directed staff to find options available to improve its appearance.
Council received the report on September 23, 1997 and directed staff to request proposals from
consulting firms to prepare a preliminary lake management plan to improve the appearance of the
pond and appointed an Advisory Committee to guide the effort. The resulting Summer Lake
Management Plan-September 1998, recommended that the appearance of the pond could be best
improved by mechanical harvesting of the weeds and the placement of mats on the bottom of the
lake to retard weed growth in areas inaccessible to the mechanical harvester. Weed harvesting
has been completed several times, however dissatisfaction with the appearance of the pond
remains.
The City of Tigard, along with the other jurisdictions within the Tualatin River Basin, are
currently under a compliance order to reduce the amount of discharge of certain nutrients as
required by the Federal Clean Water Act. Additional standards for temperature and dissolved
oxygen are also expected. The Unified Sewerage Agency is responsible for preparing plans that
j N will result in compliance. The Fanno Creek Watershed Management Plan provides the planning
for Summer Creek. In addition to water quality, the plan also recommends actions to reduce
flooding problems and degradation of fish habitat.
The Fanno Creek Watershed Management Plan reports that in addition to not meeting standards
for the discharge of certain nutrients, anticipated standards for dissolved oxygen and temperature
all also not being met. Summer Creek's dissolved oxygen levels were below the water quality
standard 92% of the time and temperatures exceeded the standard of 64'F for 44% of the
samples. Among the recommendations to correct this,was the recommendations that there be no
new in-stream ponds and that existing ponds be made"off-stream by adding a berm, island or
other feature to separate the stream and pond during the summer". The Plan further recommends
that additional islands be created in Summer Lake to increase shade, that native vegetation be
planted along the edge of the lake, and other habitat improvements.
With the listing of Upper Willamette Spring Chinook and Winter Steelhead as threatened, the
Endangered Species Act is increasing concern for fish passage, dissolved oxygen and water
temperature.
The combined effect of these regulations and plans is to discourage continuation of stream
impoundments throughout the Fanno Creek Basin. The goals of the project are as follows:
(1) Provides a free-flowing, shaded stream during periods of low flow to avoid
• increased water temperature.
(2) Provides for fish passage.
Summer Lake Water Quality Project RFP
f
(3) Is acceptable to regulatory agencies and is consistent with the Fanno Creek
Watershed Management Plan.
(4) Is easily maintained. •
(5) Provides diverse habitat and improved water quality.
(6) Presents an off-line water feature(s)consistent with the City's Parks Master Plan to
enhance Summerlake Park and provide an attraction for the surrounding
neighborhoods.
To guide this effort,Council has appointed a Task Force composed of citizens and staff.
Membership and duties of the Task Force are shown in the Resolution establishing the Task Force
at Attachment C.
SCOPE OF SERVICES
The proposal submitted by the Consultant shall include all phases of the project as outlined
within this sub-section. Consultant will be responsible for conducting meetings, and
9' preparing materials, including agendas and announcements. City will be responsible for
copying and mailing materials to Task Force members and the public.
1. Develop Evaluation Criteria- Conduct a meeting with the Task Force and prepare a
statement that identifies the values and objectives to evaluate the merits of proposed
R11�1 alternatives. The statement should reflect the consensus of the Task Force.
2. Create Alternatives- Conduct a second meeting with the Task Force. Present and
receive comments on alternatives that will accomplish the project goals. Identify
issues that arise. Present three options to provide an offline water feature(Goal 6).
J
3. Evaluate Alternatives by Criteria-Apply each evaluation criteria to alternatives.
Assess available resources provide planning level construction cost estimates for all
proposals. Present to Task Force and receive comments. Modify alternatives as
required.
4. Select Preferred Alternative- Prepare a recommendation and meet with Task Force to
reach consensus on the option to be recommended to City Council.
5. Present recommended option to City Council. Revise as directed.
6. Prepare design drawings.
�b� ( 7. Apply for and obtain required permits.
8. Complete final design drawings, incorporating all regulatory agency and other
comments, ready for bid.
9. Assist City with bidding and award of project.
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Summer Lake Water Quality Project RFP
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10. Provide construction inspection, staking, and contract administration.
. 11. Provide as-built drawings and any required maintenance and operation information.
PROJECT SCHEDULE
A detailed project design schedule shall be submitted to the City for review and approval in
the project orientation meeting. The schedule shall include submittal milestones in the
preliminary design and the final design phases and other milestones in the construction-
staking phase.
Monthly progress reports including the planned project schedule versus the actual progress
shall accompany billings to be submitted to the City. These reports and schedules shall be
approved by the City as a condition of payment.
DOCUMENTS SUBMITTED BY CONSULTANTS
• All documents, including construction plans, calculations, topographic survey notes,
photos and photographic negatives, shall become the property of the City and may be
used by the City only. The following shall be submitted to the City for review and
approval:
1. Recommended Option
• Prepare materials to be distributed and displayed to City Council for
presentation of the recommended option.
2. Preliminary Design:
• 50% designsubmittal: Six paper copies of the plans, size 24" x 36" cost
PP p p >
estimate, and specifications, and one copy of design calculations.
3. Final Design:
• 95% design submittal: Six paper copies of the plans size 24" x 36", cost
estimate and specifications and one copy of design calculations.
• Final design submittal: Upon approval of the 95% submittal, the Consultant
shall submit the originals and one electronic copy of the construction plans
and all documents related to the project to the City. Electronic copy shall be
in a format consistent with the versions of AutoCAD R14, Softdesk S8 and
Microsoft Word 97.
All other related documents shall also be submitted to the City at the same time with the
final design submittal.
Summer Lake Water Quality Project RFP
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DESIGN MANUALS
The Consultant will be required to obtain copies of the following manuals/information to
assist them in the design of the project:
• Unified Sewerage Agency Design and Construction Standards.
• Standard Specifications of the American Public Works Association, Oregon
Chapter.
• Fanno Creek Watershed Management Plan,USA—June 1997.
DOCUMENTS PROVIDED BY THE CITY
The City will provide the following items to the Consultant:
• Control monuments and elevations of Bench Marks in the project area.
• City of Tigard, Public Improvement Design Standards.
• Tax maps.
Summer Lake Water Quality Project RFP
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SECTION 3
Evaluation Criteria
1. Proposal instructions and conditions:
The Consultant must study carefully and conform to this section so that its proposal
will be regular, complete and acceptable. Attention is also directed to Section E
(Contract for Engineering Services Sample) which the Consultant shall conform
to when awarded the contract with the City.
The proposals received shall be kept confidential until the contract is awarded.
Thereafter, all proposals will be available for public inspection at the City office.
The City will be the sole judge in determining award of contract and reserves the right
to reject any or all proposals. Any proposal, which is incomplete, obscure or irregular,
will be rejected.
Proposals may be withdrawn by written request prior to the deadline of submittal.
Negligence on the part of the Consultant in preparing the proposal confers no right for
the withdrawal of the proposal after it has been opened. All proposal documents shall
become the property of the City and will not be returned and are considered a matter of
public record.
. Proposals will be evaluated on the completeness and quality .of content as
described in sub-section 3 and within this sub-section. Interviews may be
conducted with the top ranked firms. The evaluation committee's recommendation
will be submitted to the Department Head for approval.
Consultants selected for interviews must submit a detailed fee schedule consisting of
hourly rates for all assigned personnel and cost breakdown by task, to complete the
project. Overhead cost and direct non-labor costs must also be included. This fee
schedule shall include all fees for performing the'engineering services for all phases
listed under sub-section, "Scope of Work," of Section 2. Refer to item no. 2 of the
Attachment E concerning the Engineer's fee for the contract.
The City shall have no obligation to compensate any team, firm, or individual for any
cost they may incur relative to the preparation and submittal of their proposal.
Payment of the City of Tigard Business Tax is required. Chapter 5.4 of the Tigard
Municipal Code states that any business doing business in the City of Tigard shall pay
the City of Tigard Business Tax. Payments will not be made until the City of Tigard
Business Tax is paid.
The selected Consultant shall furnish Certificate(s) of Insurance to the City prior to the
issuance of a Notice to Proceed. The certificate(s) will specify all of the parties who
• are ADDITIONAL INSUREDS (or Lost Payees). Insurance coverage required under
this contract shall be obtained from acceptable insurance companies or entities. The
Summer Lake Water Quality Project RFP
Consultant shall be,financially responsible for all deductibles, self-insured retentions
and/or self-insurance hereunder.
Refer to sub-sections, "Project Schedule" and "Documents Submitted by Consultants,"
of Section 2 regarding submittal and design schedule requirements.
Questions or comments that arise prior to the submittal of proposal shall be directed to:
Greg Berry
City of Tigard
Engineering Department
13125 SW Hall Blvd.
Tigard, OR 97223
Phone: (503) 639-4171
2. Format and length:
All proposals shall be typed with a minimum font size of 12 point for the main text
and must be signed in ink in the blank spaces provided in the Statement of Proposal
(Attachment A). Consultants may use their own discretion for the font size of other
materials, e.g. graphics, charts.
Each proposal must not exceed 18 pages, which include all attachments and
appendixes, and must be organized in accordance with the "Proposal Contents" within
this section. Double sided sheets and 11" x 17" size of paper used for charts and
graphs are counted as two pages. Cover letter and Attachment A are not counted as
pages.
3. Proposal Contents:
Consultants shall describe qualifications and resources required to perform the
activities.
Each proposal must contain the following criteria:
3.1 The original and 5 copies of the proposal
3.2 Statement of Proposal (Attachment A)
3.3 Proposal format and length
3.4 Project understanding and approach, project schedule and project cost.
Consultant is requested to provide estimated fees for Tasks 1 —6 only as
described in the Scope of Services. (Estimated fees for the remaining tasks, 7
—9, will be requested following selection of the preferred alternative.)
Project understanding and approach 30 points
Project schedule 10 points •
Project cost 15 points
Summer Lake Water Quality Project RFP
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This relates to the firm's ability to understand the required scope of services,
to clearly define the desired action to be taken, and to perform the tasks
identified in the scope of work. It should include the proposed schedule for
the design, development and delivery as well as major tasks, milestones,and
staff assignments. Show how your firm can accomplish the project in the
allotted time frame. Also indicate if the time frame established in Section 4
would require extraordinary effort and cost beyond that typically expected in a
project of this type.
Project cost shall be based on the effort required to accomplish the scope of
work.
The project schedule and cost shall include all phases of the scope of work.
However, award of the final design, construction staking, and construction
management phases are contingent upon the availability of funding.
3.5 Firm capabilities 15 points
This relates to the firm capabilities in performing the requested services.
References listed on the Statement of Proposal or additional references may be
included in the evaluation of this criterion. The response should address the
following:
• Similar projects, by type and location, performed within the last three
. years, that best characterize the work quality and cost control.
• Internal procedures and/or policies related to work quality and cost
control.
• Management and organization structure.
• Other on-going projects.
• Availability to perform the work during the duration of the contract.
3.6 Project Team/Project Management 20 points
This relates to the project principal, the project manager, key staff, and sub-
consultants. This response should address the following:
• Extent of project principal and project manager involvement.
• Names of key members/sub-consultants who will perform the work on this
project, their extent of involvement and responsibilities.
• Qualifications and relevant individual experience, including sub-
consultants.
• Project manager's experience with similar projects and interdisciplinary
teams.
Summer Lake Water Quality Project RFP
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Quality control program.
• Method of liaison and communication with the City.
3.7 Resources 5 points
This relates to the total resources allocated to each given task of the scope of
work(e.g. computer equipment, survey equipment).
3.8 Supportive information 5 points
Supportive material may include graphs, charts, photos and other information
related to the project.
Summer Lake Water Quality Project RFP
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SECTION 4
Administrative Information
The City will review the proposals and select the most qualified firm to perform the
required services. Firms that made the shortlist will be notified by mail or FAX on
May 2, 2000. Final selection is expected to be completed by May 9, 2000. Other
milestones for the project are:
• Advertisement March 31
• Proposal submittal deadline April 19
• Consultants shortlisted and notified May 1 - 2
• Interview May 8
• Consultant selected and notified May 9
• City Council approval May23
• Notice of Award May 24
• Notice to Proceed May 31
It should be noted that the above schedule is only an estimate. The activities may take
more or less time than they are shown.
Summer Lake Water Quality Project RFP
ATTACHMENT A
STATEMENT OF PROPOSAL
Summer Lake Water Quality Project RFP
Statement of Proposal
Name of Firm
Mailing Address
Contact Person
Telephone Fax
accepts all the terms and conditions contained in the Summmer Lake Water Quality Project
Request for Proposal and the attached sample contract(Attachment E):
Signature of authorized representative Date
Type or print name of authorized representative Telephone No.
Type or print name of person(s) authorized to negotiate contracts Telephone No.
References
Reference# 1 Telephone Number
Project Title Consultant Contact Person
Reference# 2 Telephone Number
Project Title Consultant Contact Person
Reference# 3 Telephone Number
Project Title Consultant Contact Person
Summer Lake Water Quality Project RFP
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ATTACHMENT B
VICINITY MAP
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Summer Lake Water Quality Project RFP
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ATTACHMENT C
SUPPLEMENTAL INFORMATION
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Summer Lake Water Quality Project RFP
CITY OF TIGARD,OREGON
RESOLUTION NO.00-
A RESOLUTION TO ESTABLISH A TASK FORCE AND ADVISORY COMMTME TO DEVELOP
AND IMPLEMENT A PROJECT'FOR IMPROVEMENTS TO SUMMER LAKE.
WHEREAS,the City of Tigard,along with other jurisdictions within the Tualatin River Basin,are currently
under a compliance order to reduce the amount of discharge of certain nutrients as required by the Federal
Clean Water Act;and
WHEREAS,stream impoundments degrade water quality,cause the heating of water beyond temperatures
that desired species of fish could survive,and reduce the amount of oxygen in the water, and
WHEREAS,the regulatory climate and.current regulations discourage continuation of stream
impoundments throughout the Fanno Creek Basin;and
VVI[EREAS,Summer Lake at Summerlake Park is one such impoundment;and
WHEREAS,the condition of Summer Lake has been steadily deteriorating over time with algae and weeds
readily visible during the summer months;and
WHEIZEAS,the Summer Lake Management.Plan prepared at Council direction to address the problems
with the lake recommended mechanical harvesting supplemented with alum treatment and placement of
membrane to deter woad growth, and
mechanical harvesting has not significantly improved the condition of the lake,alum treatment
has been strongly discouraged.by DEQ,and placement of membrane has been held in abeyance pending
discussion of further action that maybe required;and
WHEREAS,a prime method to promote fish passage,enhance water quality, improve habitat in Summer
Lake,and enhance Summerlake Park is to reduce the lake to a.stream while providing a water feature(s)for
the park; and
WHEREAS,the Tigard City Council finds that the development of a project to provide these improvements
could best be accomplished if directed bya' Task Force whose members represent the interests of the
various stakeholders in the area
NOW,TIMREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: A Summer Lake Task Force is hereby established. Its membership shall consist of
individuals representing the various stakeholders as listed on the attached Exhibit"A."
An Advisory Committee is likewise hereby established to provide assistance and advice
to the Task Force. Its membership shall be as designated in"Exhibit A."
RESOLUTION NO. 001J
Page 1
SECTION 2: . The overall objective of the Task Force is to develop and implement a project that would
enhance water quality, improve habitat in Summer Lake,promote fish passage,and
enhance Summerlake Park
SECTION 3: The goals of the project are as follows:
(1) Provides a free-flowing,shaded stream during periods of low flow to avoid
increased water temperature.
(2) Provides for fish passage.
(3) Is acceptable to regulatory agencies and is consistent with the Fanno Creek
Watershed Management Plan.
(4) Is easily maintained.
(5) Provides diverse habitat and improved water quality.
(6) Presents an offline water feature(s)consistent with the City's Parks Master Plan to
enhance Summerlake Park and provide an attraction for the surrounding
neighborhoods.
SECTION 4: The duties of the Task Force include the following:
(1) Select and work with a consulting firm to develop design options.
(2) Present the design options to the neighborhoods and receive comments.
(3) Select a preferred option and present it to the neighborhoods for further comments.
(4) Present a consensus recommendation to.City Council for approval. r
(5) Review the consultant's work in the preparation'of construction contract documents
for the approved option.
(6) Coordinate and act as liaison to the neighborhoods during the construction of-the. -
project.
(7) Monitor the project until completion of construction and acceptance ofthe project:
(8) Make periodic reports to City Council on the progress of the Task Force towards
achieving the objectives.
SECTION 5: The'Task Force shall present its consensus recommendation to the City Council no later
than the end of July 2000.
SECTION 6: At the first meeting the Task Force shall select a chair and vice-chair to preside over the
meetings and ensure that the Task Force is progressing towards accomplishment of.the
objectives.
SECTION 7: The Task Force and Advisory Committee shall be deactivated after construction
completion and acceptance of the project.
RESOLUTION NO. 00-j2�
Page 2
PASSED: This day o 2000.
Mwf r City of Itard
Council President
ATTEST:
40
City Recorder-City of Tig
1. Eslabks"Sumrw Lake Task Force
RESOLMON NO. 00-0 5
Page 3
f-e to G 'lay/oD
Summer Lake Task Force
Task Force Members
Unified Sewerage Agency—Kendra Smith
Friends of the Lake—Howard Banta
Summerlake Homeowners Association—Ed Halberg
Tualatin Riverkeepers—Brian Wegener
City Parks Advocate—John Cook, Sr.(also a resident near the lake)
ResidentialRepresentative(Citywide)-Tom Rogers
Residential Representative(West of Park)-Gene McAdams
City Engineer—Gus Duenas
Public Works Director—Ed Wegner
Community Development Director—Tim Hendryx
Advisoty Committee Members/Res
ounces
Engineering Department Representative—
Greg Berry
Long Range Planning Representative—Duane Roberts
Parks Supervisor—Jeff Munro
Consultant—To be selected •
Regulatory Agencies (ESA-related, ODFW, DSL, Corps of Engineers)—To be
designated by the respective agencies as needed during the process
City Attorney's Office Representative—Dan Chandler
Sue BeAct
I_\Eng\Gus\Word Docunmts\Surrmer Lake Task Force Members
BXMBIT A
ATTACHMENT D
(Reserved)
Summer Lake Water Quality Project RFP
ATTACHMENT E
Sample- Contract for Engineering Services
Summer Lake Water Quality Project RFP
SAMPLE
CITY OF TIGARD, OREGON
CONTRACT FOR ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this day of , 2000, by and
between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and
, whose authorized representative is and having a
principal being a registered engineer of the State of Oregon, hereinafter referred to as the
"Engineer."
WITNESSETH:
WHEREAS, the Tigard City Council through Resolution 00-05, has established a Task Force to
direct the efforts to improve water quality of Summer Lake; and
WHEREAS, the accomplishment of the work and services described in this Agreement is
necessary and essential for the completion of the improvements; 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.
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 I,
which is attached hereto and by this reference made a part of this Agreement.
2. Engineer's Fee
A. Basic Fee.
(1) As compensation for Basic Services as described in Exhibit I of this
Agreement, and for services required in the fulfillment of Paragraph 1, the
Engineer shall be paid a basic fee as shown on the Exhibit I 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 dollars ($ )
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
Summer Lake Water Quality Project RFP
2
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 consultant periodically, but not more frequently
than monthly. Payment by the City shall release the City from any further
obligation for payment to the engineer for service or services performed or
expenses incurred as of the date of the statement of services. Payment shall be
made only for work actually completed as of the date of invoice. Payment shall
not be considered acceptance or approval of any work or waiver of any defects
therein.
C. Payment for Special Services.
Only when directed in writing by the City, the Engineer shall furnish or acquire
for the City the professional and technical services based on the hourly rate
schedule as described in Exhibit I 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
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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.
3. 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 reproducible
Mylar of the original drawings of the work.
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.
4. Engineer is Independent Contractor
A. Engineer's services shall be provided under the general supervision of City's
project director or his/her designee, but Engineer shall be an independent
contractor for all purposes and shall be entitled to no compensation other than the
compensation provided for under Section 2 of this Agreement.
B. In the event Engineer is to perform the services described in this Agreement
without the assistance of others, Engineer hereby agrees to file a joint declaration
with City to the effect that Engineer's services are those of an independent
contractor, as provided under Chapter 864 Oregon Laws 1979.
C. Engineer acknowledges that for all purposes related to this agreement, Engineer is
and shall be deemed to be an independent contractor and not an employee of City,
shall not be entitled to benefits of any kind to which an employee of the City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Engineer is found by a court of law or an
administrative agency to be an employee of the City for any purpose, City shall be
entitled to offset compensation due, or to demand repayment of any amounts paid
to Engineer under the terms of the agreement, to the full extent of any benefits or
other remuneration Engineer receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
• Engineer or to a third party) as a result of said finding.
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D. 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.
E. 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.
F. 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.
G. Engineer certifies-that it currently has a City of Tigard business license or will
obtain one prior to delivering services under this Agreement.
H. Engineer is not an officer, employee, or agent of the City of Tigard as those terms
are used in ORS 30.265.
5. Indemnity
The City has relied upon the professional ability and training of the Engineer as a
material inducement to enter into this Agreement. Engineer warrants that all its work will
be performed in accordance with generally accepted professional practices and standards
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.
Engineer agrees to indemnify and defend the City, its offers, agents and employees and hold
them harmless from any and all liability, causes of action, claims, losses, damages,
judgments or other costs or expenses including attorney's fees and witness costs and (at
both trial and appeal level, whether or not a trail or appeal ever takes place) that may be
asserted by any person or entity which in any way arise from, during or in connection with
the performance of the work described in this contract, except liability arising out of the
sole negligence of the City and its employees. Such indemnification shall also cover claims
brought against the City under state or federal worker's compensation laws. 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.
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6. Insurance
Engineer and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover all risks arising
directly or indirectly out of Engineer's activities or work hereunder, including the operations
of its subcontractors of any tier. Such insurance shall include provisions that such insurance
is primary insurance with respect to the interests of City and that any other insurance
maintained by City is excess and not contributory insurance with the insurance required
hereunder.
The policy or policies of insurance maintained by the Engineer and its subcontractor 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 (1986 ISO or equivalent). This
coverage shall include Contractual Liability insurance for the indemnity provided
under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
• Each Occurrence 1,000,000
Fire Damage(Any one fire) 50,000
Medical Expense(Any one person) 5,000
B. Commercial Automobile Insurance
Engineer shall also obtain, at engineer's expense, and keep in effect during the
term of the contract, "Symbol 1" Commercial Automobile Liability coverage
including coverage for all owned, hired, and non-owned vehicles. The Combined
Single Limit per occurrence shall not be less than $1,000,000.
C. 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 to obtain such coverage.
This shall include Employer's Liability Insurance with coverage limits of not less
• than $100,000 each accident.
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r
D. Additional Insured Provision
The City of Tigard, Oregon, its officers, directors, and employees shall be added
as additional insureds with respect to this contract. All liability insurance policies
will be endorsed to show this additional coverage.
E. Notice of Cancellation
There shall be no cancellation, material change, and exhaustion of aggregate
limits or intent not to renew insurance coverage without 30 days written notice to
the City. Any failure to comply with this provision will not affect the insurance
coverage provided to the City. The 30 days notice of cancellation provision shall
be physically endorsed on to the policy.
F. Insurance Carrier Rating
Coverages provided by the Engineer must be underwritten by an insurance
company deemed acceptable by the City. The City reserves the right to reject all
or any insurance carrier(s)with an unacceptable financial rating.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the contractor
shall furnish a Certificate of Insurance to the City. No contract shall be effected
until the required certificates have been received and approved by the City. The
certificate will specify and document all provisions within this contract. A
renewal certificate will be sent to the address below ten days prior to coverage
expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an
independent contractor. Engineer is not an officer, employee or agent of the City
as those terms are used in ORS 30.265.
I. Primary Coverage Clarification
All parties to this contract hereby agree that the Engineer's coverage will be
primary in the event of a loss.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all
general liability, professional liability, pollution and errors and omissions policies
required by this contract.
Engineer's insurance policy shall contain provisions that such policies shall not be
canceled or their limits of liability reduced without 30 days prior notice to City.
A copy of each insurance policy, certified as a true copy by an authorized •
representative of the issuing insurance company, or at the discretion of City, in
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lieu thereof, a certificate in form satisfactory to City certifying to the issuance of
such insurance shall be forwarded to:
(Name&Title of Person Letting Contract)
13125 SW Hall Blvd.
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the
work. Thirty days cancellation notice shall be provided City by certified mail to
the name at the address listed above in event of cancellation or non-renewal of the
insurance.
The procuring of such required insurance shall not be construed to limit
contractor'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.
7. 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.
8. Termination With Cause:
A. City may terminate this Agreement effective upon delivery of written notice to
Engineer, or at such later date as may be established by City, under any of the
following conditions:
(1) If City funding from federal, state, local, or other sources is not obtained
and continued at levels sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds
2 If Federal or State regulations or guidelines are modified changed, or
( ) g
g
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.
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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 12 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.
9. 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.
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10. 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 or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
CITY OF TIGARD
Name&Title of Person Letting Contract
13125 SW Hall Blvd.
Tigard, Oregon 97223
ENGINEERING CONSULTANT
Engineer's Name
Mailing Address
City, State,Zip Code
and when so addressed, shall be deemed given upon deposit in the United States mail,
postage prepaid. 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.
11. 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.
12. 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 attorney 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 on an attorney 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 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 8 (B - 3)of this agreement.
13. Force Majeure:
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j
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.
14. 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 659.425, and all regulations and
administrative rules established pursuant to those laws.
15. 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.
16. Extra(Changes) Work:
Only the City Engineer may authorize extra(and/or changes) 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.
17. 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.
18. Compliance With Applicable Law:
G
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 279.310 to 279.320.
19. 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.
20. Audit:
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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.
21. Severability:
In the event any provision or portion of this Agreement is held to be unenforceable or
invalid by any court of competent jurisdiction, the remainder of this Agreement shall
remain in full force and effect and shall in no way be affected or invalidated thereby.
22. Complete Agreement:
This Agreement and attached exhibits constitutes the entire Agreement between the parties.
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 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.
CITY OF TIGARD
By: (Authorized City staff person letting contract)
Date:
ENGINEER
By:
(Type in Firm's Name)
Print Name
Date:
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EXHIBIT I
Duty of Engineer
A. Basic Services: The Engineer shall render professional engineering services as described
in the attached proposal dated , titled
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