RFP 2023-105 Bear Creek Shoulders- Final~3.pdf

REQUEST FOR PROPOSALS #2023-105

FOR

Bear Creek Bridge & Molalla Ave Shoulders Project

BOARD OF COUNTY COMMISSIONERS

TOOTIE SMITH, Chair

PAUL SAVAS, Commissioner MARK SHULL, Commissioner

MARTHA SCHRADER, Commissioner BEN WEST, Commissioner

Gary Schmidt

County Administrator

Tralee Whitley

Contract Analyst

PROPOSAL CLOSING DATE, TIME AND LOCATION

DATE: February 1, 2024

TIME: 2:00 PM, Pacific Time

PLACE: https://bidlocker.us/a/clackamascounty/BidLocker https://bidlocker.us/a/clackamascounty/BidLocker

RFP# 2023-105 Bear Creek Bridge & Molalla Ave Shoulders Project Page ii

SCHEDULE

Request for Proposals Issued……...............................January 3, 2024

Protest of Specifications Deadline.............................. January 10, 2024, 5:00 PM, Pacific Time

Deadline to Submit Clarifying Questions.................. January 24, 2024, 5:00 PM, Pacific Time

Request for Proposals Closing Date and Time……...February 1, 2024, 2:00 PM, Pacific Time

Deadline to Submit Protest of Award..........................Seven (7) days from the Intent to Award

TABLE OF CONTENTS

Section 1 – Notice of Request for Proposals

Section 2 – Instructions to Proposers

Section 3 – Scope of Work

Section 4 – Evaluation and Selection Criteria

Section 5 – Proposal Content (Including Proposal Certification)

SECTION 1

NOTICE OF REQUEST FOR PROPOSALS

Notice is hereby given that Clackamas County through its Board of County Commissioners will receive sealed Proposals per specifications until 2:00 PM, February 1, 2024 (“Closing”), to provide Bear Creek Bridge & Molalla Ave Shoulders Project. No Proposals will be received or considered after that time.

Location of RFP documents: OregonBuys RFP Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address https://oregonbuys.gov/bso/view/login/login.xhtml, Document No. S-C01010- 00009060.

Prospective Proposers will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Proposers are responsible for obtaining any Addenda, clarifying questions, and Notices of Award from OregonBuys.

Submitting Proposals: Bid Locker Proposals will only be accepted electronically thru a secure online bid submission service, Bid Locker.

Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed proposal documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated in Section 1 or as modified by Addendum.

LATE PROPOSALS WILL NOT BE ACCEPTED.

C. Proposers must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

D. Proposers with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

Contact Information Procurement Process and Technical Questions: Tralee Whitley at TWhitley@clackamas.us

The Board of County Commissioners reserves the right to reject any and all Proposals not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any and all Proposals upon the finding that it is in the public interest to do so and to waive any and all informalities in the public interest. In the award of the contract, the Board of County Commissioners will consider the element of time, will accept the Proposal or Proposals which in their estimation will best serve the interests of Clackamas County and will reserve the right to award the contract to the contractor whose Proposal shall be best for the public good.

Clackamas County encourages proposals from Minority, Women, Veteran and Emerging Small Businesses.

https://oregonbuys.gov/bso/view/login/login.xhtml https://bidlocker.us/a/clackamascounty/BidLocker https://www.clackamas.us/how-to-bid-on-county-projects mailto:TWhitley@clackamas.us

SECTION 2

INSTRUCTIONS TO PROPOSERS

Clackamas County (“County”) reserves the right to reject any and all Proposals received as a result of this RFP. County Local Contract Review Board Rules (“LCRB”) govern the procurement process for the County.

2.1 Modification or Withdrawal of Proposal: Any Proposal may be modified or withdrawn at any time prior to the Closing deadline, provided that a written request is received by the County Procurement Division Director, prior to the Closing. The withdrawal of a Proposal will not prejudice the right of a Proposer to submit a new Proposal.

2.2 Requests for Clarification and Requests for Change: Proposers may submit questions regarding the specifications of the RFP. Questions must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, at the Procurement Division address as listed in Section 1 of this RFP.

Requests for changes must include the reason for the change and any proposed changes to the requirements.

The purpose of this requirement is to permit County to correct, prior to the opening of Proposals, RFP terms or technical requirements that may be unlawful, improvident or which unjustifiably restrict competition.

County will consider all requested changes and, if appropriate, amend the RFP. No oral or written instructions or information concerning this RFP from County managers, employees or agents to prospective Proposers shall bind County unless included in an Addendum to the RFP.

2.3 Protests of the RFP/Specifications: Protests must be in accordance with LCRB C-047-0730.

Protests of Specifications must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, or within three (3) business days of issuance of any addendum, at the Procurement Division address listed in Section 1 of this RFP. Protests may not be faxed. Protests of the RFP specifications must include the reason for the protest and any proposed changes to the requirements.

2.4 Addenda: If any part of this RFP is changed, an addendum will be provided to Proposers that have provided an address to the Procurement Division for this procurement. It shall be Proposers responsibility to regularly check OregonBuys for any notices, published addenda, or response to clarifying questions.

2.5 Submission of Proposals: Proposals must be submitted in accordance with Section 5. All Proposals shall be legibly written in ink or typed and comply in all regards with the requirements of this RFP. Proposals that include orders or qualifications may be rejected as irregular. All Proposals must include a signature that affirms the Proposer’s intent to be bound by the Proposal (may be on cover letter, on the Proposal, or the Proposal Certification Form) shall be signed. If a Proposal is submitted by a firm or partnership, the name and address of the firm or partnership shall be shown, together with the names and addresses of the members. If the Proposal is submitted by a corporation, it shall be signed in the name of such corporation by an official who is authorized to bind the contractor. The Proposals will be considered by the County to be submitted in confidence and are not subject to public disclosure until the notice of intent to award has been issued.

No late Proposals will be accepted. Proposals submitted after the Closing will be considered late and will be returned unopened. Proposals may not be submitted by telephone or fax.

2.6 Post-Selection Review and Protest of Award: County will name the apparent successful Proposer in a Notice of Intent to Award published on OregonBuys. Identification of the apparent successful Proposer is procedural only and creates no right of the named Proposer to award of the contract. Competing Proposers shall be given seven (7) calendar days from the date on the Notice of Intent to Award to review the file at the Procurement Division office and file a written protest of award, pursuant to LCRB C-047-0740. Any award protest must be in writing and must be delivered by email, hand-delivery or mail to the address for the Procurement Division as listed in Section 1 of this RFP.

Only actual Proposers may protest if they believe they have been adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful. The basis of the written protest must be in accordance with ORS 279B.410 and shall specify the grounds upon which the protest is based. In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must be next in line for award, i.e. the protester must claim that all higher rated Proposers are ineligible for award because they are non-responsive or non-responsible.

County will consider any protests received and:

a. reject all protests and proceed with final evaluation of, and any allowed contract language negotiation with, the apparent successful Proposer and, pending the satisfactory outcome of this final evaluation and negotiation, enter into a contract with the named Proposer; OR

b. sustain a meritorious protest(s) and reject the apparent successful Proposer as nonresponsive, if such Proposer is unable to demonstrate that its Proposal complied with all material requirements of the solicitation and Oregon public procurement law; thereafter, County may name a new apparent successful Proposer; OR

c. reject all Proposals and cancel the procurement.

2.7 Acceptance of Contractual Requirements: Failure of the selected Proposer to execute a contract and deliver required insurance certificates within ten (10) calendar days after notification of an award may result in cancellation of the award. This time period may be extended at the option of County.

2.8 Public Records: Proposals are deemed confidential until the “Notice of Intent to Award” letter is issued.

This RFP and one copy of each original Proposal received in response to it, together with copies of all documents pertaining to the award of a contract, will be kept and made a part of a file or record which will be open to public inspection. If a Proposal contains any information that is considered a TRADE SECRET under ORS 192.345(2), SUCH INFORMATION MUST BE LISTED ON A SEPARATE SHEET CAPABLE OF SEPARATION

FROM THE REMAINING PROPOSAL AND MUST BE CLEARLY MARKED WITH THE

FOLLOWING LEGEND:

“This information constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance” (ORS 192.345).

Therefore, non-disclosure of documents, or any portion of a document submitted as part of a Proposal, may depend upon official or judicial determinations made pursuant to the Public Records Law.

2.9 Investigation of References: County reserves the right to investigate all references in addition to those supplied references and investigate past performance of any Proposer with respect to its successful performance of similar services, its compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, its lawful payment of subcontractors and workers, and any other factor relevant to this RFP. County may postpone the award or the execution of the contract after the announcement of the apparent successful Proposer in order to complete its investigation.

2.10 RFP Proposal Preparation Costs and Other Costs: Proposer costs of developing the Proposal, cost of attendance at an interview (if requested by County), or any other costs are entirely the responsibility of the Proposer, and will not be reimbursed in any manner by County.

2.11 Clarification and Clarity: County reserves the right to seek clarification of each Proposal, or to make an award without further discussion of Proposals received. Therefore, it is important that each Proposal be submitted initially in the most complete, clear, and favorable manner possible.

2.12 Right to Reject Proposals: County reserves the right to reject any or all Proposals or to withdraw any item from the award, if such rejection or withdrawal would be in the public interest, as determined by County.

2.13 Cancellation: County reserves the right to cancel or postpone this RFP at any time or to award no contract.

2.14 Proposal Terms: All Proposals, including any price quotations, will be valid and firm through a period of one hundred and eighty (180) calendar days following the Closing date. County may require an extension of this firm offer period. Proposers will be required to agree to the longer time frame in order to be further considered in the procurement process.

2.15 Oral Presentations: At County’s sole option, Proposers may be required to give an oral presentation of their Proposals to County, a process which would provide an opportunity for the Proposer to clarify or elaborate on the Proposal but will in no material way change Proposer’s original Proposal. If the evaluating committee requests presentations, the Procurement Division will schedule the time and location for said presentation. Any costs of participating in such presentations will be borne solely by Proposer and will not be reimbursed by County. Note: Oral presentations are at the discretion of the evaluating committee and may not be conducted;

therefore, written Proposals should be complete.

2.16 Usage: It is the intention of County to utilize the services of the successful Proposer(s) to provide services as outlined in the below Scope of Work.

2.17 Review for Responsiveness: Upon receipt of all Proposals, the Procurement Division or designee will determine the responsiveness of all Proposals before submitting them to the evaluation committee. If a Proposal is incomplete or non-responsive in significant part or in whole, it will be rejected and will not be submitted to the evaluation committee. County reserves the right to determine if an inadvertent error is solely clerical or is a minor informality which may be waived, and then to determine if an error is grounds for disqualifying a Proposal. The Proposer’s contact person identified on the Proposal will be notified, identifying the reason(s) the Proposal is non-responsive. One copy of the Proposal will be archived and all others discarded.

2.18 RFP Incorporated into Contract: This RFP will become part of the Contract between County and the selected contractor(s). The contractor(s) will be bound to perform according to the terms of this RFP, their Proposal(s), and the terms of the Sample Contract.

2.19 Communication Blackout Period: Except as called for in this RFP, Proposers may not communicate with members of the Evaluation Committee or other County employees or representatives about the RFP during the procurement process until the apparent successful Proposer is selected, and all protests, if any, have been resolved. Communication in violation of this restriction may result in rejection of a Proposer.

2.20 Prohibition on Commissions and Subcontractors: County will contract directly with persons/entities capable of performing the requirements of this RFP. Contractors must be represented directly.

Participation by brokers or commissioned agents will not be allowed during the Proposal process. Contractor shall not use subcontractors to perform the Work unless specifically pre-authorized in writing to do so by the County. Contractor represents that any employees assigned to perform the Work, and any authorized subcontractors performing the Work, are fully qualified to perform the tasks assigned to them, and shall perform the Work in a competent and professional manner. Contractor shall not be permitted to add on any fee or charge for subcontractor Work. Contractor shall provide, if requested, any documents relating to subcontractor’s qualifications to perform required Work.

2.21 Ownership of Proposals: All Proposals in response to this RFP are the sole property of County, and subject to the provisions of ORS 192.410-192.505 (Public Records Act).

2.22 Clerical Errors in Awards: County reserves the right to correct inaccurate awards resulting from its clerical errors.

2.23 Rejection of Qualified Proposals: Proposals may be rejected in whole or in part if they attempt to limit or modify any of the terms, conditions, or specifications of the RFP or the Sample Contract.

2.24 Collusion: By responding, the Proposer states that the Proposal is not made in connection with any competing Proposer submitting a separate response to the RFP, and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of County has a pecuniary interest in this Proposal.

2.25 Evaluation Committee: Proposals will be evaluated by a committee consisting of representatives from County and potentially external representatives. County reserves the right to modify the Evaluation Committee make-up in its sole discretion.

2.26 Commencement of Work: The contractor shall commence no work until all insurance requirements have been met, the Protest of Awards deadline has been passed, any protest have been decided, a contract has been fully executed, and a Notice to Proceed has been issued by County.

2.27 Nondiscrimination: The successful Proposer agrees that, in performing the work called for by this RFP and in securing and supplying materials, contractor will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law.

SECTION 3

SCOPE OF WORK

3.1. INTRODUCTION

Clackamas County Department of Transportation and Development (“DTD”), hereafter referenced as “County”, is seeking written statements of qualifications from consulting firms with expertise in professional engineering services to provide project management, survey, environmental studies and permitting services, stormwater and hydraulic services, geotechnical services, utility coordination, public outreach, and the development of both preliminary design and final PS&E (Plans, Specifications and Estimates) design for culvert replacement, shoulder widening, asphalt pavement, temporary traffic control, striping, stormwater facilities, limited right-of-way services and bid assistance for the “Bear Creek Bridge & Molalla Ave Shoulders Project”.

Please direct all Technical/Specifications or Procurement Process Questions to the indicated representative referenced in the Notice of Request for Proposals and note the communication restriction outlined in Section 2.19.

3.2 BACKGROUND

S Molalla Avenue is identified as a Rural Minor Arterial with an average daily traffic of 2,660 (2018).

The existing shoulders are narrow and should be widened and improved for rural use and improved safety between the southerly extents of Molalla city limits and Sawtell Rd. Also, the existing elliptical corrugated metal pipe culvert conveying Bear Creek is undersized and likely nearing the end of its service life. Stormwater quality and detention upgrades will be required.

PROJECT UNDERSTANDING

This project will survey the area and identify public right-of-way through and around the culvert and along S Molalla Avenue between W 7th Street and S Sawtell Road. It is the intent of the County to utilize existing right of way for this project, but slope and temporary easements may be required.

This project will design a replacement structure for an existing culvert and the associated striping, storm facilities and asphalt pavement restoration. The project will also design aggregate shoulder widening along both sides of Molalla Ave. for approximately 0.60 mi. as necessary to accomplish the project goals.

The County has secured Community Road Funds (CRF) and System Development Charge funds for these improvements. The Community Road Funds are from the Strategic Investment Fund part of the CRF program and the project was originally requested by the City of Molalla.

Project Limits S Molalla Ave: Approximately M.P. 3.30 near Molalla city limits to S Sawtell Rd.

Lane Configuration and Geometry:

S Molalla Avenue lane configuration should remain unchanged except for increased shoulder widths through the length of the project as well as accommodation for future roadway section improvements at Bear Creek. At the location of the existing culvert, the existing roadway consists of (2) lanes of approx.

10’ width with approx. 1’ paved shoulders within 60’ public right-of-way width.

Stormwater Management:

Best Management Practices (BMP’s) utilized per Water Environment Services (WES) design standards as adopted by Clackamas County Department of Transportation and Development. This project is outside of Water Environment Services Areas, but DTD follows WES stormwater management requirements.

Conduct analysis of roadside ditches for shoulder widening and hydraulics of Bear Creek for bridge or culvert replacement.

Signals and Lighting:

No new street lighting or signals are planned for this project.

Franchise Utilities:

Relocate franchise utilities.

Natural & Environmental Resources:

Identify and delineate wetlands and Ordinary High Water Elevation and obtain U.S. Army Corps of Engineers and Oregon Department of State Lands environmental permits, develop a Oregon Department of Fish & Wildlife Fish Passage Plan, perform Stream and Wetland Functional Assessment, complete SLOPES V documentation, obtain DEQ Water Quality Certification for Bear Creek culvert replacement, and research and develop archaeological baseline report. Additional County Land Use permit requirements are expected to be a Stream Conservation Area Review and will be determined during design.

Bridge or Culvert:

Determine type, size, and location of replacement culvert or bridge structure. The replacement structure shall be sized to convey future roadway upgrade to County and City of Molalla standards.

Landscaping:

Grass seed shall be shown to match existing landscaping beyond improvements.

Public Involvement and Outreach:

Public involvement will consist of providing information for County’s website, in-person meetings with adjacent property owners, and facilitating a virtual open house.

Right-of-Way (ROW):

It is assumed that most work will be completed within existing right of way. Assume up to 5 files for ROW and temporary easement acquisition for development of descriptions, exhibit maps, and impact maps. Valuations will be sourced by the County. County ROW staff will negotiate the files. Consultant will confirm with survey and preliminary design.

3.3. SCOPE OF WORK

3.3.1. Scope: SUMMARY OF WORK

Project management, survey, environmental studies and permitting services, stormwater and hydraulic services, utility coordination, geotechnical services, public outreach, the development of both preliminary design and final PS&E (Plans, Specifications and Estimates) design, limited right-of-way services, and bid assistance up through bid award for this project based on the scope of services described herein.

Task 1.0 Project Management and Project Coordination

Task 2.0 Survey, Field Investigations and Mapping

Task 3.0 Environmental Reconnaissance and Permitting

Task 4.0 Stormwater / Hydraulics Related Services

Task 5.0 Utility Coordination

Task 6.0 Geotechnical and Geologic Services

Task 7.0 (RESERVED)

Task 8.0 Preliminary Design (30%)

Task 9.0 Public Involvement/Outreach

Task 10.0 Final Design (60%, 90%, and 100% Bid Ready)

Task 11.0 (RESERVED)

Task 12.0 Bid and Award Assistance

The duration of the design of this project is assumed to be from February 2024 through February 2026 for the completion of design. Bidding will occur in March or April of 2026. This scope of services does not include construction engineering or construction support but may be added at the discretion of the County towards the end of the design phase through a contract amendment.

Task 1.0 Project Management and Project Coordination

1.1 Project Management

Consultant shall:

• Prepare and maintain a master comment/response log to document action items from meetings, to track contract and task comments, responses, and decisions, and to log all proposed changes to the project (i.e., change orders and notices to proceed) as well as the proposed schedules and deliverables.

• Document risks, opportunities, and task decisions in individual deliverables such as meeting minutes and memoranda included within each task.

• Prepare monthly invoices and progress reports. Assume a 16-month timeframe for the project to be designed and bid for construction.

1.2 Project Coordination

The proposed approach to project coordination during design is to hold project meetings with key project team members and representatives from the County. The Consultant Project Manager shall direct all meetings and provide direction to the rest of the team as the project progresses. These meetings shall have a specific agenda with a predefined objective and outcome to address and resolve project issues as they are encountered. Agendas shall be distributed a minimum of 3 days in advance of the meeting.

• Schedule and attend a 1 1/2-hour Project Kickoff Meeting with the County, task leaders, and sub-consultants. Prepare and distribute a team member list, copies of the contract, and draft project schedule. Prepare meeting agenda and summary notes.

• Schedule and Attend Project Management Team Meetings. It is assumed in-person or virtual coordination meetings (1 hours each) shall be held during the design phase of the project (16-month time frame for up to a total of 12 meetings). Meetings to be held at County office or virtually. Up to 2 consultant personnel are expected to attend each meeting. Consultant shall prepare agenda in advance of deliverable review and other meetings as needed and provide minutes after each meeting including action items.

• A total of up to 12 monthly telephone check-in meetings with the Consultant PM (1/2 hour each).

• Consultant shall prepare a project schedule at the on-set of design. Consultant shall provide an updated project schedule, as needed, with all major deliverables (30%, 60%, 90%, and 100%) and the right of way phase.

Task 1.0 Deliverables:

• Contract/Task Decision Log

• Monthly Invoices and Progress Reports

• Project Schedule with Periodic Updates

• Meeting Agendas and Minutes for Coordination Meetings

Task 2.0 Survey, Field Investigations and Mapping

2.1 Topographic Survey

Consultant shall complete a topographic survey in English units (International feet) for the project area.

• Features to be shown include trees six inches or more in diameter (dbh), ornamental trees, utilities, utility poles, overhead wires, fences, area lights, culverts, driveways (including width and length), walks, crown line of streets, edge of pavement and shoulders, ditches, traffic and other permanent signs, and structures as accessible.

• Underground features such as utility line sizes, rim elevations, invert elevations, fuel tanks, wells, septic tanks and lift stations, and drain fields shall be shown as indicated by surface features and other information including as-built drawings and utility company data.

• Existing striping shall be located where needed to design the project striping.

• All significant features within 100 feet of the existing ROW (or up to the face of building, whichever is closer) and within 100 feet of Bear Creek at Molalla Ave. crossing shall be tied. All significant features within the existing ROW and beyond 100 feet of Bear Creek at Molalla Ave. crossing and within the project limits shall be tied.

• Photos of site conditions shall also be taken.

• The Horizontal Datum to be NAD 83(2011) epoch 2010.00 PDX Zone, utilizing the Oregon

Real Time Network. The Horizontal Network shall be resolved using differential Real Time Kinematic (RTK) GPS observations along with terrestrial ground measurements. The Vertical Datum shall be NAVD 88. Closed electronic digital differential level loop measurements shall run through all of the on-site Control.

• Collect stream cross sections as required to perform HEC-RAS modeling of Bear Creek at Molalla Ave. crossing.

• Send out survey notices a minimum of 7 days prior to survey work to the property owners along the corridor.

• Provide supplemental topographic survey as required. This could include areas outside of the identified corridor or special situations on private property. It is assumed one additional week of survey field time would be included in the Contract to be authorized if required by the County.

• The field topographic data shall be incorporated into a topographic survey base map and digital terrain model utilizing AutoCAD Civil 3D 2019 or newer.

The project limits shall include:

• Along S Molalla Avenue from W 7th Street to Molalla Avenue/Wilhoit Road/Sawtell Road intersection, 100 feet south along S Wilhout Road, and 100 feet east along S Sawtell Road.

• All features within right-of-way should be considered within project limits.

2.2 Horizontal Control, Monument Recovery, and Pre-Construction Record-of-Survey

Consultant shall:

• Retrace all existing ROW within the project corridor. Consultant shall search survey records on file with Clackamas County, to reestablish existing centerlines of each ROW.

• Research deeds and Record Surveys, including but not limited to property surveys, county road surveys, original county road resolutions, public land corner surveys, and Donation Land Claim (DLC) surveys.

• Keep copies of the research data collected, including but not limited to surveys, deeds, assessors' maps, county road maps, government corner surveys, and horizontal and vertical control data sheets Consultant’s Project file. Consultant shall provide project-related data and records to the County at the end of the project.

• Survey found property corners, property line fences and the existing edges of pavement to establish existing road centerlines and rights-of-way. Consultant shall tie at least one (1) Public Land Survey System (PLSS) corner as necessary to show a relationship to the road centerlines.

Consultant shall provide at least one (1) PLSS corner tie for ROW descriptions and the filing of a Record Survey.

• Show adjacent property lines and existing ROW on the Project Base Map using Consultant’s ROW retracement.

• Obtain preliminary title reports along all fronting properties along the entire project limit including side streets. Research existing easements and show on the overall project base map.

• Contingency Task: Consultant shall prepare and file a Pre-Construction Record of Survey, as a contingency task, conforming to applicable County standards with the County Surveyor’s office to perpetuate monument locations as required under ORS 209.155. Scale for survey map shall be 1”=40’, or as approved.

2.3 Right-of-Way Strip Map

Consultant shall develop ROW map showing existing and proposed Right-of-Way lines and permanent and temporary easement lines. ROW maps are to be provided to the ROW staff upon delivery of 60% construction plans. ROW maps are to be updated as construction plans are updated and produced. ROW maps are to be delivered with construction plans. File numbering for the acquisitions will be reviewed and approved by County Right-of-Way Manager or Designee.

• Scale for the ROW maps, shall be in English units, the scale is to be an appropriate Engineering scale such as 1”=20’, 1”=40’, 1”=60’, 1”=100’.

• For each parcel, show map and tax lot number, site address, vested owner name and deed number, and file number.

o Major improvements within the easement areas and within 20 feet of the outer most area of acquisition shall be shown. If no acquisition is being acquired for a particular parcel, then show major improvements 20 feet from the existing ROW line. (Examples of major improvements to be shown on the ROW map are: houses, outbuildings, driveways, fences and other miscellaneous features needed for determining Just Compensation.)

2.4 Right-of-Way Descriptions, Exhibit Maps, and Impact Maps

• Prepare and assemble all title documents, including vesting deeds and preliminary title reports for each impacted property.

• Consultant shall develop and provide a centerline description from one end of the project limits to the other on Molalla Ave. within the project limits. Centerline description shall describe a corridor with maximum offsets for each type of easement with corresponding station ranges.

County will provide an example if needed. County will review and provide feedback to Consultant if needed. Consultant will make any necessary changes requested by County.

• Prepare ROW Maps and Descriptions (Exhibits A and B) according to the guidelines and example provided by the County. County will review and provide feedback to Consultant if needed. Consultant will make any necessary changes requested by County. Maps and descriptions will be made on 8 1/2" x 11" paper. Written legal description should be referenced as "Exhibit A" and the map as “Exhibit B”. Each description will include the following:

o Exhibits shall be dated and stamped by a professional land surveyor licensed in the State of

Oregon.

o Descriptions for the properties shall reference the last recorded deed by type of deed, owner’s name, book and page, and date recorded. This information is to be taken from the last vesting deed.

o Descriptions shall reference easements as “Permanent” i.e. (Permanent Right of Way Easement for Road Purposes, Permanent Slope Easement, Permanent Public Utilities Easement, Permanent Slope and Public Utility Easement, Etc.) or as “Temporary” i.e.

(Temporary Construction Easement, Temporary Mitigation Easement, Etc.).

o Descriptions shall reference ROW easements as Parcel 1 and other easements as subsequently numbered parcels. Multiple easements per Parcel are acceptable (e.g. Parcel 2- Permanent Slope and Public Utilities Easement, Parcel 3 - Temporary Construction Easement).

o Descriptions shall reference centerline stations on the map. Show the distance from the centerline to existing ROW line and from centerline to proposed ROW and/or easement line(s) on the parcel map.

o On each parcel map provide a legend showing with a hatch, the areas being acquired. Give the areas for each parcel in square feet rounded up to the nearest foot. Note: Legend should be consistent from file to file. For example, a hatch used for a permanent slope easement would be the same for all files on the project.

o On each parcel map, provide tax lot numbers, last vesting deed number, owners’ name, and address if other than situs, and file number.

o Show north arrow, appropriate scale, project name, County project number and date exhibit was prepared.

o Feet are to be shown on all distances in “Exhibit B” (excluding centerline).

• Prepare Right of way Impact Maps according to the guidelines and example provided by the

County. An 8.5” x 11” or 11”x17” color Impact Map shall be prepared for each file showing the proposed right of way acquisitions overlaid upon an aerial photo, with the larger improvements (fences, hedges, trees, etc.) being noted as either protect or remove. These are to be used in conjunction with the appraisal/ADJC preparation along with the Exhibits A and B.

2.5 Right-of-Way Staking

Consultant shall stake proposed and existing ROW and easements for appraisals and acquisition process as requested by the County and ROW Agent.

Task 2.0 Deliverables:

• Base maps drawings in AutoCAD and PDF

• Pre-Construction Record of Survey (Contingency Task)

• Preliminary Title Reports and supporting documents

• Right-of-Way Strip Map (one strip map per plan submittal)

• Right-of-Way Descriptions and Maps (5 files)

• Right of Way Impact Maps (5 files)

• Right-of-way Staking (5 files)

Task 3.0 Environmental Reconnaissance and Permitting

County will obtain Rights of Entry (ROE) for environmental-related field work. The Consultant will provide a list of properties requiring ROE’s for research disciplines no less than six (6) weeks before such ROE’s are required to perform work on private parcels. Consultant shall provide County with an exhibit map for each property showing the approximate location of any invasive test sites on the property, e.g.

anything more than minor shovel sampling, test pits, etc. prior to initiating ROEs.

The following tasks will be completed by the Consultant to identify issues and ensure compliance with the regulating agencies:

• Write a memo documenting existing conditions of biological and wetland resources and draft applicable permit applications.

• Perform a Level One Hazardous Materials Corridor Assessment and provide draft and final memorandums.

• Depending on the findings of the Level One Assessment, a Level Two Assessment may be required. This activity may be added by amendment at a later date.

3.1 Wetland and Waters Delineation

Consultant shall conduct a site visit of the project’s Area of Potential Impact (API). It is anticipated that reconnaissance will determine wetlands exist within the project area. If present, Consultant shall delineate wetlands, streams, or ditches within the API as well as delineate ordinary highwater mark (OHWM). The wetland and waters delineation will be conducted in accordance with the routine on-site wetland determination methodology described in the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual: Wetlands Research Program Technical Report Y-87-1, supplemented by the Western Mountain, Valleys, and Coast Regional Supplement, the Code of Federal Register (CFR) Title 33, Part 329.11, and Oregon Administrative Rules (OAR) Chapter 141, Division 85, Section 0515.In accordance with the USACE Wetland Delineation Manual, Consultant shall:

• Obtain representative soil samples to assess hydric soil conditions and wetland hydrology.

• Determine dominant vegetation for each cover class at these sampling locations.

• Provide flags on site demonstrating wetland and waters feature boundaries to assist surveyors in mapping wetlands.

Consultant shall prepare a draft and final wetland delineation report in accordance with Oregon Department of State Lands (DSL) standards. Consultant shall submit the draft wetland delineation report to the County for review. Consultant shall submit the final, County-reviewed report to the DSL electronically for concurrence. Consultant shall address questions from DSL during concurrence review regarding the wetland delineation report to facilitate DSL concurrence of the wetland delineation.

Assumptions

• The biologist will complete the wetland field work for this task during a single day, including travel.

No other sites visits are included in this task.

• The County and Consultant will agree to the final project API prior to completion of the field work.

Consultant will provide draft and final API maps.

• The County will coordinate property access and entry approval for completion of the field work.

• Wetland/waters delineation boundary flag locations will be surveyed by a Professional Land Surveyor.

• CADD, Microstation, or GIS data provided to Consultant engineer for surveyed boundaries and sample plot locations will include projection, units (inches, feet, meters, etc.), and the coordinate system.

• The OHWM of waters/ditches within the API will be delineated based on field indicators; a hydrologic analysis of stream gage data is not included in this task. No groundwater monitoring or analysis is included in this task.

3.2 Wetland Determination Memorandum

If wetlands are not located within the potential impact area, a wetland determination memorandum will be prepared by Consultant that describes the results of the field investigation. A map(s) will be prepared that shows the study area, photo locations, and sample plot locations. The memorandum will include site descriptions, a photo log, and sample plot data forms.

Assumptions

• County shall review the draft Wetland Determination Memorandum and shall provide comments to Consultant within two weeks of receipt of the draft. Consultant shall make appropriate modifications to the draft Wetland Determination Memorandum in response to the comments and shall prepare the final for submittal.

3.3 Stream and Wetland Function Assessments

Consultant shall complete a Stream Function Assessment Methodology (SFAM) assessment of Bear Creek at Molalla Ave. within the API to quantify lost stream functions and values if project impacts exceed 0.5 acre of permanent wetland impact and/or the project cannot meet the DSL’s criteria for a Transportation-Related Structures General Permit. Consultant shall complete all required office based SFAM work prior to the site assessments. Consultant shall collect all required field data for the SFAM assessments in required DSL format during a two-day site visit for two Consultant staff.

If required, Consultant shall post-process all SFAM field data for inclusion in the Joint Permit Application (JPA) for the project (Task 3.4).

Assumptions

If required, stream functional assessments will be conducted by Consultant biologists.

3.4 Joint Permit Application (JPA)

Consultant shall prepare a draft and final JPA to apply for a USACE Clean Water Act Section 404 Nationwide Permit (NWP) and for a DSL General Permit (GP) in accordance with requirements set forth in OAR 141-085-0025. If project impacts to wetlands and waters of the U.S. and State exceed NWP and/or GP thresholds, the JPA will be used to obtain an Individual Permit (IP) from the respective agency requiring an IP.

Preparation of the JPA may include correspondence with regulatory agencies in the form of telephone calls, letters, and memorandums to document permit needs. Consultant shall:

• Prepare brief narratives and descriptions on project purpose and need, potential impacts, and project alternatives using information provided by Consultant and County, as necessary to complete the JPA.

• Provide pre-submittal coordination with representatives of the USACE and DSL to confirm permitting requirements and application procedures. This coordination will include pre-application correspondence.

• Prepare all necessary non-engineering drawings, maps, and photographs for inclusion in the

JPA.

• Evaluate potential wetland/waters impacts and methods for avoidance or minimization measures.

• Respond to questions or comments raised by the agencies during their review of the JPA. This task may include correspondence and clarification of the JPA and related tasks as necessary to clarify regulatory agency concerns and to facilitate the issuance of USACE’s and DSL’s permits for the proposed project.

• Provide the draft JPA to County for review and comment, revise the draft JPA once each per review comments and prepare the final JPA for submittal to the USACE and DSL.

• Clean Water Act Section 401 certification from the Oregon Department of Environmental Quality (DEQ) will not be required for the project as pollutant-generating impervious surfaces will not be increased a result of project implementation.

• If project impacts exceed 0.5 acre of permanent wetland impact and/or the project cannot meet the DSL’s criteria for a Transportation-Related Structures General Permit, Task 3.3 will be authorized.

• Additional fieldwork beyond the wetland/water delineation effort (Task 3.1) will not be required for this task.

• Permittee-responsible wetland mitigation or plans will not be required. If necessary, permanent wetland and/or waters impact mitigation will be satisfied through County purchase of environmental mitigation bank credits, in-lieu-fee, or payment in-lieu. If on-site restoration is required for temporary wetland impacts or for any temporary waters impacts, Consultant biologist will provide a simple restoration planting list with selected species. Any formal landscape plans required for the bid package will be provided by Consultant. No monitoring of restoration activities is included.

• USACE/DSL permit conditions will not change during the application phase.

• Engineering drawings, cross sections, details, impact calculations and project description support for inclusion in the JPA will be provided by Consultant.

• DSL may require a permit fee, depending on the type of authorization required, and the amount of fill or excavation to be performed in wetlands and/or waters. Payment of the DSL permit fees will be the responsibility of the County.

• If compensatory wetland/waters mitigation is addressed by use of a mitigation bank, in-lieu-fee, or payment in-lieu, the County is responsible for any payment required.

• The County will acquire signatures from all appropriate parties as required for completion of the JPA, including applicants, landowners, and local planning officials.

• Permit close-out inspection and reporting services will be provided under a separate contract or an amendment to this contract, if requested in the future.

• The JPA will include all impacts along the entire project corridor.

3.5 SLOPES V Endangered Species Act Compliance Documentation

Bear Creek is a seasonal stream but may be fish-bearing. This task is defined in the event Chinook salmon and Coho salmon of the Lower Columbia River (LCR) Evolutionarily Significant Unit (ESU) and steelhead of the LCR Distinct Population Segment (DPS) occur in Bear Creek downstream of the project corridor. These ESUs and DPS are listed as Threatened under the federal Endangered Species Act (ESA). The project could affect the water quality in Bear Creek as a result of project-related in-water work activities and alterations to existing local drainage patterns. The receipt of a permit from the USACE provides a federal nexus with the ESA and the regulatory need for the project to demonstrate compliance with ESA standards for avoiding or minimizing downstream effects on listed salmon and steelhead.

Consultant shall determine if programmatic ESA compliance processes such as the Standard Local Operating Procedures for Endangered Species (SLOPES V) programmatic Biological Opinion can be used for project ESA compliance. If programmatic ESA compliance cannot be obtained for the project, Consultant shall prepare of a Biological Assessment (BA) to initiate individual consultation with the National Marine Fisheries Service (NMFS).

• The project will not result in impacts on federally listed wildlife or plant species.

• Use of the SLOPES V programmatic ESA compliance process will be determined shortly after the 30% design milestone.

• SLOPES V transportation project compliance standards will not change during project design and construction.

• If the project does not qualify for SLOPES V programmatic ESA compliance, preparation of a BA and individual ESA consultation with NMFS will be required.

• Coordination with NMFS will be conducted via telephone and email transmittals. A site visit or meeting with NMFS will not be required.

• SLOPES V documentation will be submitted to the USACE with the project JPA. USACE will deliver the SLOPES V documentation to NMFS for review.

3.6 Oregon Fish Passage Plan – Bear Creek

Bear Creek is a seasonal stream but may be fish-bearing. This task is defined in the event Bear Creek supports Native Migratory Fish (NMF) per Oregon’s Fish Passage Law (OARs 635-412-0005 to 625-412-0040). The replacement of the existing culvert that conveys Bear Creek under Molalla Ave.

may trigger application of the Fish Passage Law. Crossing designs must therefore meet Oregon Department of Fish and Wildlife (ODFW) hydraulic or streambed simulation fish passage design criteria. Consultant shall prepare two fish passage plans in ODFW format that document post-project fish passage conditions in Bear Creek and compliance with applicable fish passage criteria associated with the replacement culvert at Molalla Ave.

Assumptions

• Delineation of the Bear Creek Active Channel Width (ACW) and streambed sediment grain size analysis will be required for this task in conjunction with Task 3.1.

• Culvert replacement will be designed and constructed in compliance with applicable Oregon’s Fish Passage Laws.

• The replacement crossings at Molalla Ave. will not require a fish passage exemption, waiver, or mitigation. If a fish passage waiver and mitigation is required, an amendment to the Consultant contract would be required to authorize preparation of and coordination for fish passage waiver/mitigation documentation.

3.7 DEQ Erosion & Sediment Control Approval (Contingency)

The County’s 1200-CA permit requires review and approval of erosion and sediment control plans for projects greater than 1 acre. Projects greater than 5 acres require a public notice. Consultant shall submit an Environmental Management Plan to “Your DEQ Online” portal for DEQ’s review, public notice, and approval.

Assumptions

• The existing Clackamas County DTD 1200-CA permit is applicable to address erosion control requirements and no other 1200 DEQ permit is required.

• Environmental Management plan shall include Erosion & Sediment Control Plans and special provisions, including the following:

o Location and type of Best Management Practices (BMP) for erosion prevention, sediment control and runoff control for each phase of construction, o Perimeter controls, track out controls, stabilization measures, o Maintenance procedures for each BMP type, o Schedule for installation and duration of BMPs, o Seed mix, final stabilization – include 01030 special provision with ESCP, and o Sediment basin designs shall be stamped by qualified professional and have calculations available.

o Erosion Control Plan Preparation included in Task 10.

3.8 Permits

The project will require additional local permits to comply with Clackamas County Code (Code) Section 4.3 of the County’s code discussed in this SOW. Consultant shall research local permit jurisdictional requirements and clarify the development review process with County Planning staff to confirm code compliance approval requirements and…