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HomeMy Public PortalAboutORD15943BILL NO. 2019-034 SPONSORED BY Councilman Hussey ORDINANCE NO. 156/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HDR, INC, IN THE AMOUNT OF $79,115 FOR THE MISSOURI RIVER BANK STABILIZATION PROJECT. WHEREAS, HDR, Inc. has been selected as the firm best qualified to provide professional services related to the Missouri River Bank Stabilization project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. HDR, Inc. is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with HDR, Inc. for the Missouri River Bank Stabilization project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Presiding Officer ATTEST: AIL.. J111 City 'erk Approved: Mayor Carrie Tergin APPROVED AS TO FORM: City Counselor EXHIBIT A CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as the "City", and HDR Engineering, Inc., hereinafter referred to as the "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render services for Missouri River bank stabilization near Wear's Creek, hereinafter described in Exhibit A. WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. The City agrees to engage the services of the Contractor to render services for the Missouri River bank stabilization near Wear's Creek, hereinafter described in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Compensation. The total amount for professional services rendered under this shall not exceed Seventy -Nine Thousand One Hundred Fifteen Dollars ($79,115.00) for all services. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 3. Term. Contractor agrees with the City to perform said work within five hundred forty-five (545) calendar days from the date Contractor is ordered to proceed. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the Director of Public Works and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 6. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 7. Notice to Proceed. The services of the Contractor shall commence as directed in the Notice to Proceed, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 8. Failure to Perform, Cancellation. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract after providing Contractor with an opportunity to cure, by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Contractor may without cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 9. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as 2 provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 10. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 11. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of consultant or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 12. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 13. Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City. 14. Liability. The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those directly or approximately caused by the City arising out of or in any way connected with this contract. b. The Contractor shall indemnify and hold the City harmless from and against all claims, losses and liabilities arising out of personal injuries, including death, and damages to property to the extent caused by any negligent act or omission on the part of the Contractor related to the services performed under this contract. 15. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A-," that shall protect from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, 3 employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 16. Documents. Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 17. Nonsolicitation. The Contractor warrants that they had not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 18. Books and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 19. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages. 20. Illegal Immigration. 4 Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 21. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the City of Jefferson Department of Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and the HDR Engineering, Inc., 2139 E. Primrose, Suite E, Springfield, Missouri, 65804. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. CITY OF JEFFERSON, MISSOURI HDR ENGINEERING, INC. Carrie Tergin, Mayor Date: • • l9 ATTEST: f1Q,i—d 4-4 Y Y Emil Don son Cit Clerk APPROVED AS TO FORM: Ry . o • man, City Counselor ATTEST: Sr Vico Presidenk Title: 5 EXHIBIT A BASIC SCOPE OF SERVICES Missouri River Bank Stabilization near Wears Creek GENERAL PROJECT DESCRIPTION A 36" RCP sanitarysewergravity line was installed in 1966 between Union Pacific rail road tracks and the Missouri River at Wears Creek in Jefferson City, Missouri. The Missouri River bank has eroded at this location and the pipe is believed to be exposed; however, duetothe currentflooding a visual assessment cannot be made. The City has submitted a 404 permit application to the USACE regulatory branch for an emergency bank repair. At the time of the original construction, the top of the Missouri River banks were approximately 35'to 60' away from the Missouri River based on the plans. The Wears Creek aerial crossing was rebuilt in 2007 and the new crossing is approximately 30' closerto the Missouri River. The new aerial crossing tied intothe older line a short distance from the crossing. Access to the bank will either be by barge or will require crossing the four Union Pacifictracks near BolivarStreet. The USACE has rock rip rap structures along this reach of the Missouri Rive rand the bank of concern is located downstream of USACE structure 151.9 and upstream of structure 151.0. It does not appearthis bank was originally armored. There is an approximately 90' wide notch in structure 151.9 and a 65' notch in structure 151.0 which are visible in aerial photographs after March 2006. The City desires HDR's assistance in designing and helpingtocoordinate the construction of an emergency pipe stabilization and a Tong -term bank stabilization approach. A. Emergency Pipe Stabilization Assistance 1. Bathymetric Survey HDR will use a sub-contractorto perform a bathymetric and velocity survey. The bathymetric survey will use a boat mounted, multi -frequency, acoustic Doppler profilingSonT€ck RiverSurveyor M9 with a real-time kinematic (RTK) global positioning system (GPS) base station. This instrumentation is capable of measuring flowvelocities, depth to bottom substrate and survey location. It is assumed that a nearby surveyed reference point (manhole) is available for establishinga known elevation and mountingthe RTK GPS base station. This work will need to be performed while the river stage is above the wing dikes so thatthe boat will be able to navigate through the study area. The proposed Missouri Rivertransects and bathymetricsurvey location are shown in Exhibit B. There are approximately 10transect locations that extend from right bank to left bank and will incorporate two passes across the Missouri River. The bathymetric points includes approximately 33 cross-sectional (perpendicularto riverflow) transects and 13 longitudinal (parallel to riverflow) transects. The extent of the horizontal transects is approximately450feet upstream and 1,500 feet downstream of the Site, and rive rward approximately800 feet or just beyond the navigation 1 flow control structures (wing dikes) adjacent to the Site. Cross-sectional transect spacing will range from 25 feetto 100 feet apart and focus on higher resolution closerto the anti cipated exposed pipe location. The extent and spacing of the longitudinal transects are the same as the horizontal transects and will focus on higher resolution data adjacenttothe Site. 2. Topographic Survey A topographic survey will be performed to locate tracks, power poles, the existing sanitary pipe and the existing Missouri Rivertop of bank. The toe of slope will be approximated from the bathymetricsurvey. The topographicsurvey will be performed from the north bank of Wears Creekto the BolivarStreet rail crossingtothe north and the top of the Missouri River bank on the east and nearesttrack on the west (approximately 4.5 acres). The survey crew will not cross the tracks except at the existing vehicle crossing location near BolivarStreet. Manhole lids will be removed (if they are not the lockingtype) and the invert elevation determine d. Two (2) control points will be established at the site forthe contractor's reference during construction. Aboundary survey will not be performed. The property lines will be estimated based on the assessor's GIS records and the UPRR track maps. The City will provide any existing survey, as-builts, record drawings, utility, and design information within and nearthe project area. The Drawings will be produced in AutoCAD. Survey work will be performed to the following specifications: a. Horizontal Control: Establish accurate horizontal control on the proposed worksite. Physical monuments such as large nails, iron pins, or other durable materials must be set and accurate horizontal positions established on them. Apositional tolerance error between two (2) points in the control network will not exceed 0.05'. A positional tolerance error between adjacent pairs of control monuments will not exceed 0.02'. If conventional traverse measuring methods are used, the traversewill be closed, balanced, and adjusted. b. Vertical Control: Establish accurate vertical control on the proposed worksite. The North American Vertical Datum of 1988 will be used, propagated from NGS benchmarks. The Benchmark used to establish vertical will be listed on the plans. Elevations will be established on the same monuments used for horizontal control as well as two (2) temporary benchmarks located in areas where they will not be disturbed by construction. A vertical tolerance error between adjacent pairs of control monuments will not exceed 0.01'. Overall the errorshall not exceed 0.05' in 5000'. Some form of differential leveling with a spirit level will be used; trigonometric leveling or GPS derived elevations are not acceptable for establishing elevations on control monuments. c. Topography: Topography shall include significant surface features within the limits of the project such as buildings,curbs, trees, watervalves, walls, etc. This may also include painted markings for subsurface utilities as well as utilities that are exposed by excavation for more accurate locations. Sizes of pipes, culverts, and conduits shall be noted. Elevations and horizontal positions of critical topographicfeatures such as flow lines of box culverts, 2 flow lines of sewer manholes, curbs and other hard surfaces must be accurate to within 0.05' or better. d. Contours: The vertical accuracy of contours shown on plans will be +/-0.5' forcontour intervals of 1 -foot or more. The vertical accuracy of contours of less than 1 -foot intervals will be +/- one half (1/2) the contour interval. 3. Project Site Visual Assessment Once the Missouri River has retreated below the sanitary sewer manhole elevations and the bank is visible, the project manager will perform a visual site walk through with City staff. The intent is to develop a better understanding of the bank location followingthe flood and better approximate the length of pipe that might be exposed. The City will coordinate with local UPRR contacts forsite access approval. It is assumed hard hats, safety glasses, high visibilityvests and hearing protection will be required duringthe site visit. 4. Emergency Pipe Stabilization Evaluation It is anticipated the Missouri River will remain elevated forthe remainder of the summer and pipe stabilization may be needed when the pipe is still submerged. The bathymetric and topographic survey will be reviewed to help identify if the pipe bedding material has eroded. In the eventthe pipe appears to be free spanning (no pipe bedding remains) HDR will work with the City on two (2) short-term options that are likelyto consist of: a. The City will develop a pump around plan that would isolate the anticipated portion of the pipe that may break. This pump around plan would require above ground pipingto be laid between manholes and a temporary pump at the upstream manhole. The piping and pump would be maintained by the City (ortheircontractor) until the pipe repair is completed. The pump around plan would be part of the City's developed emergency action plan and the components would need to be identified and readily available should the pipe fail. b. A rock rip rap containment dike could be constructed that would isolatethe pipe from the river. Granular pipe bedding material could then be placed around the pipe and adequate cover installed above the pipe. HDR will develop standard details and construction specifications for construction of an emergency rock rip rap containment dike that will isolate the sewer pipe from the river. It is anticipated the rock containment dike will be constructed from the current bank by end dumping and bull dozing rock. It is anticipated the top of the containment dike will be 10' wide and about 3' above the river level (measured atthe time of construction) to accommodate the construction method. i. This style of construction requires buildingthe containment dike below the flowing watersurface. As such, there is uncertainty on the amount of quantities required for the construction and it will be difficult to anticipate the costs priorto construction. Also, with the riveral ready at an elevated stage, additional significant runoff events could submerge the work site requiringthe contractorto demobilize to a dry site. These risks, uncertainty and potential cost impacts, should be understood bythe City priorto consideringthis type of approach. c. The anticipated sheets include: 3 i. CoverSheet ii. General Notes iii. Topographicand BathymetricSurvey (Plan View) iv. Containment Dike Alignment(including benchmark descriptions) v. Construction Access and Erosion Control Plan vi. Detail Sheets (2) d. The construction documents will be prepared fora public bid letting using a unit price bid approach. The City's contract forms (front end documents) and technical specifications will be used. HDR will add special provisions to coverwork elements not addressed in the City's standard specifications. 5. Railroad Coordination The Missouri River is parallel to the UPRR Jefferson City Subdivision near MP 126 and the bank repair location of the project site will not be accessible from the land side of the project without access across the UPRR property. HDR and the Contractor will require right -of -entry agreements with the UPRR to cross and travel on UPRR property. HDR will apply forthe access permit and request rush delivery from the railroad forthe initial phase of engineering evaluation. The Contractorwi l l be responsible for applying forthe UPRR right -of -entry and for meetingthe Railroad's requirements. HDR will coordi nate and facilitate the discussions between City staff, sub -contractor's collection bathymetric data, and the local UPRR staff for the access across UPRR right-of-way and the bank stabilization improvements including possible rail delivery of rock rip rap. HDR will work with the Railroad to obtain theircurrent property maps through Jefferson City. HDR will review the recommended short-term and long-term bank stabilization approaches with the Railroad for theircomments and consideration. This coordination will include potential rail delivery of rock rip rap. HDR will coordinate one (1) plan review meeting with UPRR to explain the emergency bank stabilization plans and specifications. HDR will coordinate the UPRR representation at the pre -construction meetingto review the Contractor's access plan across the UPRR right-of-way. HDR will discuss with the Railroad their potential financial contribution to this project. This could come in the form of providing services such as flagging protection, right -of -entry, or funding of the bank stabilization improvements. 6. US Army Corps of Engineers Kansas City District Coordination HDR will coordinate a meeting with the Kansas City District to discuss the emergency pipe stabilization approach as well as the requirements forthe long-term bank stabilization approach. Since the emergency phase of the project is limited to repairs nearthe pipe, HDR anticipates the USACEwill be supportive of the project and there will not be extended reviews, modeling, or prohibitive habitat considerations. HDR will request plans for 151.9 and 151.0 4 structures as well as the recommended rock rip rap gradation the USACE has been using on the Missouri River bank repair projects. HDR will review the rock sizing and develop a recommended gradation based on the site specific bathymetricand velocity measurements. This coordination meeting will also discuss the expectations and considerations the USACE would anticipate being needed fora long-term stabilization approach. These considerations could include navigation and habitat impacts as part of the section 408 and 404 permits. 7. FEMA Floodplain Development and No -Rise Documentation a. Existing Conditions Hydraulic Model HDR will contact FEMA and requesta digital copy of the currently effective HEC -RAS hydraulic model and review the current effective FEMA floodplain mapping and Flood Insurance Study (FIS). HDR will perform hydraulic modeling on the FEMA -provided model in HEC -RAS version 5.0.7 or previous versions where needed for model compatibility purposes and generate the duplicate -effective model. HDR will confirm the model outputs agree within 0.5' tolerance with the published FIS data tables. Itis assumed the model will run without errors and will be used as the Corrective Effective Model. HDR will add additional Missouri River cross section data obtained from the topographic and bathymetric survey to create new cross sections at the project site. HDR will review the best available information such as aerials, as -built records and othertopographic information forthe location of the bank prior to the scour and will modifythetopographic and bathymetric survey data to best represent the geometry priorto the bank scour. The pre -scour model will be used as the Existing Conditions Model. Publically available LiDAR data will be used to extend the cross section beyond the survey limits when needed. b. Proposed Condition Model HDR will develop the proposed conditions model by modifyingthe geometric properties of the existing conditions model. Modifications will be based on a proposed emergency pipe stabilization approach developed in Task4. HDR will calculate if the project creates a rise in the floodway and will evaluate minorgradingchanges needed to mitigate the rise. It is anticipated, since this project is intended to re -construct the previous scoured bank, the amount of floodway mitigation gradingwill be minimal. c. Documentation HDR will prepare a brief technical memorandum to document the hydraulicanalysis approach, procedures, and results. Technical memorandum is expected to be approximately 3-5 pages in length. The HEC -RAS summary outputtables and water surface profile will be included as attachments. The technical memorandum will include a floodplain development permit application and a signed and sealed no -rise certification, assuming the proposed conditions result in the no -rise with minimal grading. 8. Bidding and Construction Phase Services a. Resident Project Representative and Construction Administration: The City will provide a resident project representative and will administerthe construction phaseservices. City assumes all responsibility forthe application and interpretation of the Contract Documents, 5 review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, reviewof payment applications, and all other necessary Construction Phase engineering and professional services. City waives all claims against HDR that may be connected in any way to Construction Phase engineering or professional services. b. Pre -Construction Conference: HDR shall participate in a Pre -Construction Conference prior to commencement of Work at the Site. c. Clarifications and Interpretations; Field Orders: HDR shall notify the City with necessary clarifications and interpretations of the Contract Documents when requested by the City. Such clarifications and interpretations will be consistent with the intent of, and reasonably inferable from, the Contract Documents. d. Shop Drawings and Samples: HDR shall review Shop Drawings and Samples and other data which Contractor is required to submit as requested by the City. It is anticipated most of the shop drawings will be reviewed and approved bythe City. HDR will be contacted if changes in the design are needed arising from Contractorsubmitted shop drawings, unknown subsurface conditions, or utility conflicts that were not identified duringthe design process. Shop drawings and samples will be reviewed for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews will not extend to means, methods, techniques, sequences, or procedures of construction, orto safety precautions and programs incident thereto. e. Visits to Site and Observation of Construction: Up to five (5) visits, each consisting of one (1) hour on-site and three (3) hours off-site has been budgeted. Such visits and observations by HDR are not intended to be exhaustive orto extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to HDR in this Agreement and the Contract Documents, but rather are to be limited to spot checking, and similar methods of general observation of the Work based on HDR's exercise of professional judgment, as assisted bythe Resident Project Representative. Based on information obtained during such visits and observations, HDR will determine in general if the Work is proceeding in accordance with the Contract Documents. f. HDR shall not, during such visits oras a result of such observations of Contractor's Work in progress, supervise, direct, or have control overContractor's Work, norshall HDR have authority over or responsibilityforthe means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security orsafety at the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, HDR neitherguarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. 6 g. Limitation of Responsibilities: HDR shall not be responsible forthe acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals orentities performing or furnishing any of the Work, for safety orsecurity at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. HDR shall not be responsible forthe failure of any Contractorto perform or furnish the Work in accordance with the Contract Documents. 9. Deliverables, Assumptions and Limitations Deliverables will include: a. Meeting minutes from the UPRR and USACE meetings. b. Access permit application to UPRR. c. Topographic and bathymetric survey in AutoCADformat. d. FEMA floodplain development permit application technical memorandum. e. Construction plans and technical specifications for a public bid letting. f. Shop drawing review comments. g. Observation logs when the engineer performs a Site visit. Assumptions: a. The topographicsurvey will be performed once the river levels have receded and the Site is accessible. The bathymetric survey will be performed while the river is at flood stage and before the conceptual design begins. b. The City has already applied fora 401/404 permit and only minor revisions to the application are anticipated. HDR will prepare the stabilization exhibits and the City will update the application as necessary. c. Hydraulicanalysis will be conducted in HEC -RAS Version 5.0.7 or previous versions where needed for model compatibilitypurposes. The model will be understeady-state, standard -step, backwaterconditions. Two-dimensional hydraulic analysis is not included. Steady flowdatawill be limited to the 100-yeardischarge with and without floodways data as contained within the FEMA -provided model. Flood conveyance mitigation activities are anticipated to be minimal and localized to the improvement area. Limitations: a. The emergency pipe stabilization will be performed with limited data and is not intended to perform long-term bank stabilization. The emergency repairs could be subject to additional erosion from additionalflood events or additional bankfailures upstream or downstream of the stabilization. Due to the limited data, performing work duringa minorflood event and through flowing water, the anticipated construction costs and as -built dimensions are difficultto predict. 7 b. There isa real riskthat the pipe may fail duringthe course of the emergency stabilization effort. As indicated, an emergency action plan is recommended that includes the availability of adequate piping and pumps to by-pass the eroded area. c. The study, design and construction will be developed by HDRforthe client's sole and exclusive use on this project. The work products are not for the benefit of any third party and may not be distributed to, disclosed in anyformto, used by, or relied upon by, any third party without prior written consent of HDR, which consent may be withheld in its sole discretion. Use of this work product by others is at their own risk and the user assumes all liability for its use. d. The content included in the work products are correctto the best of our knowl edge and has been developed in accordance with the standard of care that is customarily followed by a practitioner in this industry. The standard of care was followed for collection and analysis of data, and for calculations or modeling performed in support of and emergency repair where limited site data is available and the work may be completed through standing wate rwith the Missouri River at a flood stage. e. The design alternatives are not meantto contain an exhaustive or complete evaluation of all potential or possible design alternatives. Any decisions made on the basis of this report are the responsibility of the Owner. Decisions bythe Owner should take into account the limitations and residual risks identified or documented in this report. HDR does not warrant or guarantee our work or recommendations. The HDR staff who performed the site assessment are not attorneys; therefore this report is not a legal representation or interpretation of environmental laws, rules, regulations, or policies of local, state, or federal governmental agencies. f. Some of the information will be developed or provided by others. Except as specifically identified within this report, HDR has not performed independent validation or verification of exploration data, modeling data, orotheranalysison data provided by others. While HDR has used its best efforts in preparingthe work products, HDR has assumed thatthird party or client data is accurate, complete, reliable, and current. Visual observations and site visits are not able to detect hidden, covered, inaccessible or internal structural or material defects, hidden orsubsurface corrosion ordamages in components, embedment, reinforcing, anchorages and parts of equipment, structures or mechanisms being inspected that are not readily discernible byvisual inspection through reasonable efforts. g. B. Long-term Bank Improvements Duringthe initial coordination with the USACE, long-term stabilization approaches will be discussed. Potentially, the USACE will be able to perform the bank stabilization improvements as part of their Missouri River operations or partner with the City on the study and/or improvements. These options will be discussed and, depending on the recommended approach, HDR will prepare an amendmenttocoverthe additional work. 8 EXHIBIT B Bathymetric Survey Location Missouri River Bank Stabilization near Wears Creek 9 The redlines represent proposed bathymetric rivertransects that will include river bottom elevations and velocity measurements. The yellow lines are the proposed bathymetricsurvey locations to obtain river bottom elevations and velocities. The bathymetricsurvey will be collected by a sub-contractorto HDR from a boat while the river is above the elevation of the wing dikes. The survey data will be collected priortothe emergency pipe stabilization evaluation phase. 10 HDR, INC. MISSOURI RIVER BANK STABILIZATION SCOPE OF SERVICES FEE Bathymetric Survey: $7,435 Topographic Survey, Coordination and Design: $46,770 No Rise Modeling and FEMA floodplain development permit application: $17,210 On-call Observation Support: $7,700 TOTAL CONTRACT COST = $79,115.00 time and material not -to -exceed