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
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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,
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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.
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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:
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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
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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,
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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:
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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
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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,
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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.
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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.
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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