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HomeMy WebLinkAbout09592RESOLUTION NO. 959 A RESOLUTION APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN RECREATION PLANNING & ENGINEERING, INC. AND THE CITY FOR THE COMPLETION OF DESIGN AND CONSTRUCTION SERVICES RELATED TO THE ARKANSAS RIVER FISHERIES HABITAT PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo entered into a Project Cooperation Agreement with the Department of the Army on April 8, 2002 for the Arkansas River Fisheries Habitat Project; and WHEREAS, the City desires to have a fish passage structure designed to function for both the fishery and for recreational boating passage and a kayak course. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An Agreement dated May 13, 2002, a copy of which is attached hereto and made a part hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and Recreation Planning and Engineering, Inc., is hereby approved. SECTION 2. Funds for said professional services shall be paid from the Arkansas River Corridor Legacy Project Account No. AL 0201. SECTION 3. The President of the City Council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED: May 13, 2002 BY: Al Gurul C NCILPERSON APPROVED: P SIDENT OF CITY COUNCIL ATTESTED BY: C CLERK DATE: MAY 13, 2002 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN RECREATION PLANNING & ENGINEERING, INC., AND THE CITY FOR THE COMPLETION OF DESIGN AND CONSTRUCTION SERVICES RELATED TO THE ARKANSAS RIVER FISHERIES HABITAT PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a Professional Consulting Services Agreement with Recreation Engineering and Planning, Inc., for the completion of design and construction services related to the Arkansas River Fisheries Habitat Project? RECOMMENDATION Approval of Resolution BACKGROUND As part of the Arkansas River Fisheries Habitat Project, the City of Pueblo is planning to secure design and construction services related to a fish passage and recreational boating passage structure below the power plant diversion dam between the West 4 th Street Bridge and Union Avenue within the Arkansas River. The specific design work is required to enable the fish passage structure to function for both the fishery, as well as recreational boating passage. Recreation Planning and Engineering completed a preliminary study in 2001 that identified the capability of the structure(s) to serve both purposes and be constructed within the budget of the Fisheries Habitat Project. The design recommendations from Recreation Planning and Engineering, Inc., will be incorporated within the final design plans and specifications for the Arkansas River Fisheries Habitat Project. FINANCIAL IMPACT The funds to pay for the consulting services has already been appropriated and budgeted as part of Ordinance No. 6805 establishing the Arkansas River Corridor Legacy Project Capital Project Fund. The $34,900 consulting services fee is included within the in -kind services section of the Project Cooperation Agreement between the Army Corps of Engineers and the City of Pueblo. The payment of the consulting services will be credited toward the City's 35% matching funds for the U.S. Army Corps of Engineers Arkansas River Fisheries Habitat Project. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT is made and entered this 13th day of May, 2002, by, and between the City of Pueblo, a Municipal Corporation ( "City ") and Recreation Engineering and Planning, Inc., hereinafter referred to as "Consultant" for Consultant to complete final design and construction services related to the Arkansas River Fisheries Habitat Project hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES. (a) Consultant shall satisfactorily perform the professional final design, and construction phase services for the Project described in more detail in the Proposal for Design and Construction Administration Services attached hereto as Schedule 1 and incorporated herein by reference (the 'Basic Services "). (b) The intent of these services is to provide professional services in cooperation with the City and the US Army Corps of Engineers to complete final design, and construction phase services for the Project. The Project location is between the Southern Colorado Power Plant Diversion structure and Union Avenue. In addition, modifications to the St. Charles Diversion may be included. Such services shall include all usual and customary professional opinion poll and survey services incident to its work on the Project. (c) To the extent Consultant performs any of the Project work through subcontractors, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors as it is for services performed directly by Consultant. (d) This project is based on the conceptual design (see attached Typical Fish Passage Plan View) of the overall River restoration prepared by the U.S. Army Corps of Engineers and Tetra -Tech ISG and a preliminary design of whitewater improvements prepared by Recreation Engineering and Planning. (e) The final design will include fish passage generally based on the following criteria considering flows at the Moffat Street gage during the April- November time period. Consultant shall design recreational use boat passage proposed for incorporation within the fish passage structures. The following design criteria may be incorporated, but need not be strictly adhered to. In any event, fish passage will be maintained and the Corps of Engineers shall have final determination on incorporation of Consultant's designs into the Project. (i) The fish passage should incorporate a continuous series of pools with velocity of 0 to 2 ft. /sec. Interconnected with runs /cascades with maximum velocity of 4 to 5 ft. /sec. A few interspersed short cascades (maximum 1 ft. horizontal) with velocity up to 7 ft. /sec. are acceptable. (ii) The maximum crest differential (drop) at any point I the fish passage should be 12 inches, and minimum pool size 250 cubic feet. (iii) Where possible, changes in flow pattern direction and velocity should be gradual to lead fish from one feature to another (not exceeding 45 degree angle change or 1 ft. /sec per foot velocity change. (iv) Minimum pool depth should be 3 ft. and all features of the fish passage should be deep enough so that fish may remain hidden from view (water clarity dependent). (v) The downstream entrance(s) of the fish passage should be a non - turbulent pool with a minimum 3 ft. /sec. velocity and located within the thalweg (deepest portion or main channel) of the river. The entrance(s) should be located as close as possible to areas where fish congregate below the obstruction and should be at the farthest upstream point available to the fish. The upstream exit should be located so fish will not readily be swept back downstream over the obstruction. The exit should open into a sheltered, non- turbulent pool upstream some distance from the obstacle. SECTION 2. CONSULTANT'S RESPONSIBILITIES. (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's sub - consultants and subcontractors, irrespective of City's approval of or acquiescence in same. (b) Reserved. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 4 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay City's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, and the availability of information which must be obtained from any third parties. (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Consultant shall advise City in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by City. The compensation for such authorized work shall be negotiated. SECTION 3. FEES FOR SERVICES: PAYMENT. (a) City will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $34,900.00 computed as set forth in Schedule 1. (b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the completed tasks and expense reimbursement provisions set forth in Schedule 1 attached hereto, and shall contain appropriate documentation that such 2 services have been performed and such expenses incurred. Thereafter, City shall pay Consultant for the amount of the application within 30 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 1. (d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CITY'S RESPONSIBILITIES. (a) City agrees to advise Consultant regarding City's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to City which Consultant may reasonably require. (b) City shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of City to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind City as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the greater of $5,000 or 5% of the maximum contract price. (c) City shall examine all documents presented by Consultant, and render decisions pertaining thereto within a reasonable time. The City's approval of any design plans and specifications, questions, reports, documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. (d) City shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of City and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for City to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Consultant is not within the custody or control of City but must be procured from others. SECTION 5. TERMINATION. (a) City reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to City all data, specifications, reports, plans, calculations, summaries and all other information, documents and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Schedule 1 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or City. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by City's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the reasonable value of completed work prior to date of termination. (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. RESERVED. SECTION 7. USE OF DOCUMENTS. Data, design and specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of City, subject to applicable federal grant requirements, and City shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. City shall have access at all reasonable times to inspect and make copies of all data, design and specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with advance written consent of City and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. SECTION 8. INSURANCE AND IND EMNITY. (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims Under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No/100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (c) The parties to this agreement acknowledge that, with or without the river modifications to be provided under this agreement, the existence of a boatable river segment presents the risk of injury or death or property damage to users, who are assuming the inherent risks associated with whitewater boating/floating and all types of activities which can occur on 2 rivers. As a participant in the modification of the river, Consultant may have a liability exposure that is disproportionate to the benefits to be obtained by Consultant. Therefore, in addition to and notwithstanding any other provisions of this agreement, the City agrees, to the extent permitted by law, to indemnify and hold harmless Consultant, Consultant's employees, and Gary M. Lacy, individually from and against all damages, liabilities, and/or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with such liability exposure or arising from any aspect of the design of the entire project or the designs, plans or recommendations made or implied by any of the parties involved in this project; provided, however, that nothing in this paragraph is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or state law, including but not limited to the Federal Tort Claims Act and the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et. seq., among others. SECTION 9. SUBCONTRACTS. (a) City acknowledges that Consultant is the prime contractor and the only party with whom City has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or subcontractors, Consultant shall contractually bind each of its sub consultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of City, and City shall be a third party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend City from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the City has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to City prior to execution of this Agreement to induce City to enter this Agreement Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to City and receiving City's consent thereto. Consultant shall not assign or reassign Project work to any person to whom City has reasonable objection. SECTION 10 REQUIRED FEDERAL PROVISIONS. (a) Consultant understands that City's funding of Consultant's services is a portion if a federal project being undertaken by the Secretary of the Army. Accordingly, Consultant represents that it is aware of and understands its duty to perform all functions and services in accordance with applicable federal regulations and requirements attached hereto as Schedule 5. (b) Reserved. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by City, the Corps of Engineers, and the Inspector General of each federal department with an interest in the subject matter of this Agreement, at any time during normal business hours and as often as City, Corps of Engineers, or such Inspector General deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 11. MISCELLANEOUS. (a) Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or City by the other party 5 shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the City, Attention: Scott Hobson, City of Pueblo Planning and Community Development Department, 211 East "D" Street, Pueblo, Colorado 81003, or to Consultant at Recreation Engineering and Planning, 485 Arapahoe Avenue, Boulder, CO 80302. Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire Agreement. This instrument contains the entire agreement between Consultant and City respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either City or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and void. (c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of City. (d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Consultant and by City in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of City's governing board. (e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Equal Employment Opportunity. In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severability. If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. n IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION -ze C ATTEST: By President of the City Council City CONSULTANT: Recreation Engineering and Planning, Inc. By _ Name: Title: 7 Schedule 1 Arkansas River Fish PassageBoating Access Pueblo, Colorado Proposal for Design and Construction Administration Services By Recreation Engineering & Planning ( "REP') April 2002 The following proposal is for design and construction phase services for fish passage/boating access proposed for the Arkansas River in Pueblo. The intent of these services is to provide professional services in cooperation with the City and the US Army Corps of Engineers to complete final design, and construction phase services for the Arkansas River. The project location is between the Southern Colorado Power Plant Diversion structure and Union Avenue. In addition, modifications to the St. Charles Diversion may be included. This project is based on the conceptual design (see attached Typical Fish Passage Plan View) of the overall River restoration prepared by the USACE and Tetra -Tech and a preliminary design of whitewater improvements prepared by Recreation Engineering and Planning. The final design shall include fish passage generally based on the following criteria considering flows at the Moffat Street gage during the April- November time period. Consultant shall design recreational use boat passage proposed for incorporation within the fish passage structures. The following design criteria may be incorporated, but need not be strictly adhered to. In any event, fish passage will be maintained and the Corps of Engineers shall have final determination on incorporation of Consultant's designs into the Project. It may be possible to incorporate aspects of a recreational use boating passage in portions of the fish passage that would incorporate features not necessarily compatible with fish passage specifications, but still providing sufficient area for both uses to co -exit. 2. The fish passage should incorporate a continuous series of pools with velocity of 0 to 2 ft. /sec. Interconnected with runs /cascades with maximum velocity of 4 to 5 ft. /sec. A few interspersed short cascades (maximum 1 ft. horizontal) with velocity up to 7 ft. /sec. are acceptable. 3. The maximum crest differential (drop) at any point I the fish passage should be 12 inches, and minimum pool size 250 cubic feet. 4. Where possible, changes in flow pattern direction and velocity should be gradual to lead fish from one feature to another (not exceeding 45 degree angle change or 1 ft. /sec per foot velocity change. 5. Minimum pool depth should be 3 ft. and all features of the fish passage should be deep enough so that fish may remain hidden from view (water clarity dependent). April 2002 Schedule 1 Arkansas River Fish PassageBoating Access Pueblo, Colorado 6. The downstream entrance(s) of the fish passage should be a non - turbulent pool with a minimum 3 ft. /sec. velocity and located within the thalweg (deepest portion or main channel) of the river. The entrance(s) should be located as close as possible to areas where fish congregate below the obstruction and should be at the farthest upstream point available to the fish. The upstream exit should be located so fish will not readily be swept back downstream over the obstruction. The exit should open into a sheltered, non - turbulent pool upstream some distance from the obstacle. This proposal is being sent to the City of Pueblo ( "Client "), as requested. Work Item Estimated Cost 1. Prepare design details, plan -view modifications, alignment, plan & profile, rock size, boulder cluster and weir details, quantities, and x- sections $11,600.00 construction notes in MS Word format, and other information on the design plan. The river segment is located between the West Plains Diversion Dam and Union St. The USACE and the City will provide all basemapping, utility locations, land ownership information, surveying, and any other base information necessary to complete the design. The design will be based on the preliminary design prepared by Recreation Engineering and Planning and incorporating the fish passage design criteria listed above. The plan will be drafted using Microstation or Autocadd 2000 on mylar at the appropriate scale to be included within the overall bid package. (flood and structural analysis is not included) 2. Review the design plan and details with the City, USACE, the local paddling community and others. Make necessary changes as required. (max. 2 $3800.00 meetings) 3. Complete construction bid quantities and any technical specifications specifically related to the fish passage/boating access improvements for $2,400.00 inclusion within the overall bid document. Aide the USACE with the bid process such as answering contractor questions and clarifications related to the whitewater improvements, pre - qualifications, construction timing etc. 4. Review final design and bid document(s) related to the fish passage /boating access improvements as prepared by the USACE. Provide any comments and $1800.00 changes in a timely manner in Dr. Checks format. All permitting will be the responsibility of others. 5. Construction phase services to include: attendance to the pre - construction meeting, construction -phase layout and elevations, construction observation and documentation at critical times, field engineering and other related services. The overall project inspection, quantity and quality control, pay estimate approval, etc. will be the responsibility of the USACE. $11,400.00 (assumes a 30 calendar day construction period with 1/4 construction inspection time at $95.00/hr.) April 2002 2 Schedule 1 Arkansas River Fish Passage/Boating Access Pueblo, Colorado Subtotal $31,000.00 Plus expenses (phone, fax, copies, travel- assumes a total of 8 trips to Pueblo) $3900.00 Total Indemnification $34,900.00 The parties to this agreement acknowledge that, with or without the river modifications to be provided under this agreement, the existence of a boatable river segment presents the risk of injury or death or property damage to users, who are assuming the inherent risks associated with whitewater boating/floating and all types of activities which can occur on rivers. As a participant in the modification of the river, REP may incur liabilities that are disproportionate to the benefits to be obtained by REP. Therefore, in addition to and notwithstanding any other provisions of this agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Gary M. Lacy, REP, and REP's employees and subconsultants against all damages, liabilities, and /or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with any aspect of the entire project or the performance by any of the parties involved in this project. Payment Invoices will be sent every 30 days for work completed plus expenses. Payment is due within 30 days. April 2002 3 Schedule 4 Arkansas River Fish PassageBoating Access Pueblo, Colorado Design and Construction Administration Time Table Work Item Estimated Completion Date Prepare design details, plan -view modifications, alignment, plan & profile, rock size, boulder cluster and weir details, quantities, and x- June 28, 2002 sections construction notes in MS Word format, and other information on the design plan. The river segment is located between the West Plains Diversion Dam and Union St. The USACE and the City will provide all basemapping, utility locations, land ownership information, surveying, and any other base information necessary to complete the design. The design will be based on the preliminary design prepared by Recreation Engineering and Planning and incorporating the fish passage design criteria listed above. The plan will be drafted using Microstation or Autocadd 2000 on mylar at the appropriate scale to be included within the overall bid package. (flood and structural analysis is not included) 2. Review the design plan and details with the City, USACE, the local July 12, 2002 paddling community and others. Make necessary changes as required. (max. 2 meetings) 3. Complete construction bid quantities and any technical specifications specifically related to the fish passage /boating access improvements July 29, 2002 for inclusion within the overall bid document. Aide the USACE with the bid process such as answering contractor questions and clarifications related to the whitewater improvements, pre - qualifications, construction timing etc. 4. Review final design and bid document(s) related to the fish passage/boating access improvements as prepared by the USACE. August 23, 2002 Provide any comments and changes in a timely manner in Dr. Checks format. All permitting will be the responsibility of others. 5. Construction phase services to include: attendance to the pre - construction meeting, construction -phase layout and elevations, construction observation and documentation at critical times, field engineering and other related services. The overall project inspection, quantity and quality control, pay estimate approval, etc. will be the responsibility of the USACE. Between November, 2003 — May, 2004 (assumes a 30 calendar day construction period with 1/4 construction inspection time at $95.00/hr.)