Shannon & Wilson - 0632003 CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
FANNO CREEK TRAIL—HALL To FANNO CREEK
FILE No.0632
THIS AGREEMENT made and entered into this 27th of January, 2009 by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called City, and Shannon & Wilson, Inc. 3990
Collins Way,Suite 203,Lake Oswego,OR 97035,hereinafter called Consultant.
RECITALS
WHEREAS, Consultant has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Consultant is in the business of providing specific services and is aware of the purposes for
which City requires the services; and
WHEREAS, City and Consultant wish to enter into a contract under which City shall purchase the
services described in Consultant's bid or proposal;
THEREFORE, The parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant agrees to provide services related to Fanno Creek Trail (Hall to Fanno Ck) as detailed in.:
Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Consultant shall initiate services upon receipt of City's notice to proceed, together with an executed.
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on June 30, 2009. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Consultant an amount of Six Thousand Five Hundred and 00/100 dollars
($6,500.00) with a not to exceed amount of $10,000 as approved by project manager for
performance of those services described herein, which payment shall be based upon the following
applicable terms:
A. Payment will be made in installments based on Consultant's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subconsultant by any person as such claim becomes
General Services Agreement—Shannon&Wilson,Inc
Fanno Creek Trail—Hall Blvd.to Fanno Creek—file No.0632 Page 1 of 6
due, City may pay such claim and charge the amount of the payment against funds due or
to become due the Consultant. The payment of the claim in this manner shall not relieve
Consultant or their surety from obligation with respect to any unpaid claims.
G. Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
H. Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical, hospital care or other needed care
and attention incident to sickness or injury to the employees of Consultant or all sums
which Consultant agrees to pay for such services and all moneys and sums which
Consultant collected or deducted from the wages of employees pursuant to any law,
contract or agreement for the purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to fmance
costs of this contract.
5. ASSIGNMENUDELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal_delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments, and other information:
Contract Manager for City Contract Manager for Consultant
City of Tigard Company: Shannon&Wilson,Inc.
Attn:Vannie T.Nguyen Attn:Yuxin Lang,P.E. Senior Principal EniinW777
13125 SW Hall Blvd.,Tigard,Oregon 97223 Address:3990 Collins Way Suite 203 LO,OR 97035
Phone: 503-718-2460 Phone: 503-223-6147
Fax: 503-624-0752 Fax: 503-223-6140
Email Address: vannie@tigard-or.gov Email Address:
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30 of June,
2009 shall be accompanied by thirty (30) days written notice to the other party prior to the date
termination would take effect. There shall be no penalty for early termination. If City terminates
the contract pursuant to this paragraph, it shall pay Consultant for services rendered prorated to the
date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
9. FORCE MAJEURE
Neither City nor Consultant shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
General Services Agreement—Shannon&Wilson,Inc
Fanno Creek Trail—Hall Blvd.to Fanno Creek—file No.0632 Page 2 of 6
unusually severe weather or delay of subConsultant or supplies due to such cause; provided that the
parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis
for a claim for additional compensation. Each party shall, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall,upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
10. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
11. INDEMNITY/HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands,judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Consultant
or its subconsultants, agents, or employees under this contract, except, however, that the foregoing
shall not apply to liability that arises out of City's negligence.
12. INSURANCE
Consultant shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Consultant's
activities or work hereunder.
The policy or policies of insurance maintained by the Consultant shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
B. Business Automobile Liability Insurance
If Consultant will be delivering any goods or services which require the use of a vehicle,
Consultant shall provide City a certificate indicating that Consultant has business automobile
liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit
per occurrence shall not be less than $1,000,000. Said insurance shall name City as an
additional insured and shall require written notice to City thirty (30) days in advance of
General Services Agreement—Shannon&Wilson,Inc
Fanno Creek Trail—Hall Blvd.to Fanno Creek—file No.0632 Page 3 of 6
cancellation. If Consultant hires a carrier to make delivery, Consultant shall ensure that said
carrier complies with this paragraph.
C. Workers' Comnpensation Insurance
The Consultant and all employers providing work, labor or materials under this Contract
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers or employers that are
exempt under ORS 656.126. Out-of-state employers must provide Oregon workers'
compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Consultants who perform work without the
assistance or labor of any employee need not obtain such coverage. This shall include
Employer's Liability Insurance with coverage limits of not less than $500,000 each
accident.
D. Insurance Carrier Ratinl?
All coverage provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s) with an unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any
damage, injury,or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees(expert and non-expert), attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and
subConsultants and income tax withholding contained in ORS Chapter 279, the provisions of
which are hereby made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
General Services Agreement—Shannon&Wilson,Inc
Fanno Creek Trail—Hall Blvd.to Fanno Creek—file No.0632 Page 4 of 6
24. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. No modification of this Agreement
shall be effective unless and until it is made in writing and signed by both parties. No waiver,
consent, modification, or change of terms of this Agreement shall bind either party unless in writing
and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective
only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Consultant, by the signature of its authorized representative, hereby acknowledges that Consultant
has read this Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
Approved by Tigard's Local Contract Review Board on: N/A
By: Ronald B.Bunch, Date
Director of Community Development
CONSULTANT
Shannon &Wilson,Inc
Print N ne&T'tl of Authorized Representative
3W
Sign N Date
1
General Services Agreement—Shannon&Wilson,Inc
Fanno Creek Trail—Hall Blvd.to Fanno Creek—file No.0632 Page 5 of 6
EXHIBIT A
SCOPE OF SERVICES
Scope of Services to perform Geotechnical Evaluation cost proposal as outlined in proposal letter dated January
7,2009 from Shannon& Wilson,Inc.—Please note that your Standard General Terms and Conditions have been
removed to avoid any conflicts with the agreement.
General Services Agreement—Shannon&Wilson,Inc
Fanno Creek Trail—Hall Blvd.to Fanno Creek—file No.0632 Page 6 of 6
ALASKA
SHANNON &WILSON., INC. CGLLORADO
S GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS FLORIDA
MISSOURI
OREGON
WASHINGTON
January 7,2009
City of Tigard
13125 SW Hall Blvd
Tigard,OR 97223
Attn:Vannie Nguyen,P.E.
CIP Engineering Manager
RE: GEOTECHICAL EVALUATION COST PROPOSAL
PROPOSED FANNO CREEK TRAIL CROSSING&BOARDWALK
HALL BLVD TO FANNO CREEK,TIGARD, OREGON
Dear Ms.Nguyen:
We are pleased to submit this cost proposal for a geotechnical investigation and evaluation of
the proposed Fanno Creek Trail between Hall Blvd and Fanno Creels in Tigard,Oregon. Based
on the preliminary design drawing'provided,we understand that the project will consist of a 60
foot long pedestrian bridge crossing over the Fanno Creek and a boardwalk of approximately
100 feet in length extended from the bridge to Hall Blvd. Also we understand that the preferred
foundation supports are spread footings for the bridge and diamond pier pin foundations for the
boardwalk, and the geotechnical investigation proposed here is primarily for providing soil
shear strength values,bearing capacity,lateral earth pressure and resistance parameters.
ASSUMPTIONS
We understand and assume the following:
a The Utility Notification Center(One-Call)will be used-to clear the exploration Iocations.
• City of Tigard will obtain approval and permits necessary for site access and drilling.
• The planned geotechnical borings do not include an environmental site assessment,and the
site is assumed to be relatively"clean"regarding hazardous or contaminated materials.
0 Soil cuttings (drilling spoils)will be left on-site and will be disposed of by the owner.
• One mobilization is assumed to perform and complete the drilling work.
• No piezometers will be installed ori the site,and groundwater levels will be recorded during
drilling,if encountered.
3SW COLLINS WAY,SUITE 203
LAKEOSWEGO,OREGON 97035
?HON?503•223.5147
FAX 503-M-."40
m.m.shannomvllson.cem
City of Tigard SHANNON 6 ILSON,1NC.
January 7,2009
Page 2
SCOPE OF WORK
Shannon&Wilson,Inc. proposes to complete the following work items as part of the
development and completion of the Geotechnical Report deliverable,
Task 1. Site Reconnaissance and Project Management: Conduct a site reconnaissance to
check the site access and to visually assess the creek bank stability in the proposed bridge
crossing area. During the site visit,the potential exploration locations will be identified on
site. We assume that City of Tigard will provide the site access permit for the investigation and
surveyed site plans to facilitate the investigation and construction. We will coordinate and
manage the field investigation including utility checks,access preparation and scheduling
Shannon&Wilson field staff.
Task 2.Field Explorations: We propose to explore the site with one deep boring(30') and
three shallow hand augers. The deep boring will be conducted at one bridge abutment location
using a drill rig provided by a drilling subcontractor. The hand auger explorations will be
conducted to about 10 feet below the ground surface along the boardwalk alignment and near
the other abutment location. During the hand auger exploration,we will also perform drive-
probe soundings at various locations.
Soil samples will be obtained at 2.5-foot intervals in the upper 10 feet and 5-foot intervals
thereafter. In the deep boring,soil samples will be obtained using either a standard penetration
sampler or a Shelby tube sampler. All borings will be abandoned with bentonite chips in
accordance with State of Oregon regulations. Spoils (cuttings from drilling)will be left on-site.
For all the explorations,the samples will be labeled, sealed,and transported to our laboratory
for further evaluation and testing. The explorations will be observed full-time by a member of
our geology/engineering staff who will develop field logs. Locations of the explorations will
be tape-measured by us.
Task 3.Laboratory Testing: Testing will include standard classification tests, such as natural
water contents,unit weight determinations,and Atterberg Limits.
Task 4.Data Processing and Engineering Analysis: The subsurface soil/groundwater
conditions and laboratory testing results will be analyzed, and gINT computer logs will be
generated to summarize the subsurface characterization at the boring and hand auger locations.
Fanno Creek Trail Geo Preposal.doc 24-2-04084-002
City of Tigard SHANNON&WILSON,INC.
January 7,2009
Page 3
The subsurface conditions will be evaluated and the following engineering analysis will be
performed:
Evaluate subsurface conditions and subsoil properties, including groundwater;
Evaluate soil shear strength parameters;
• Evaluate and develop foundation recommendations, including soil static bearing.
capacity and static settlement for the proposed bridge;
Evaluate and develop lateral earth pressure parameters;
• Evaluate and develop Iateral load resistance of the foundation soil;
• Provide recommendations for use and reuse of on-site soil and imported material
for structural fill, and compaction criteria;
• Provide excavation recommendations for the construction of the bridge
foundations.
TaskSS=Geotechnical_Report_A.report wilLbe_prepared presenting the results of the various
field,laboratory, and office studies,which will include our findings,recommendations, and
conclusions. Four(4)bound copies and one(1)unbound copy of the final report will be
provided to you for your use and distribution.
ESTIMATED COSTS AND SCHEDULE
We are prepared to undertake the work described above on a time and materials basis. Our fees
for the above work and the terms and conditions under which our services are offered will be in
accordance with the attached Standard General Terms and Conditions.
We estimate that our costs to complete the design scope of work described above will be
$6,500 as summarized in the attached Table 1. This cost estimate has been prepared based on
our understanding of project and site conditions. Our understanding and project assumptions
have been outlined throughout this proposal. No work will be performed outside this scope of
work or above our estimate without your written authorization. We will notify you immediately
if we encounter circumstances or delays that would result in project delays or added fees.
Approved services beyond those described in this proposal will be performed on a time-and-
materials basis.
Fanno Creek Trail Geo Proposal.doc 24-2-04084-002
City of Tigard SHANNON WA/it..SOR INC
January 7,2009
Page 4
After your notice to proceed,we are prepared to begin our field exploratory work within two
weeks after the site reconnaissance and meeting. We have assumed that the fieldwork will
require up to one day for the drilling and one day for the hand augers. The laboratory testing
will require an additional one weeks. The engineering studies will require an additional week,
and we anticipate that our report can be prepared and submitted within four weeks of your
notice to proceed. We will provide preliminary results as they become available.
If this proposal meets with your approval,please sign in the space provided and return one
signed copy to us, which will serve as our notice to proceed. If you issue some other form of
authorization,.please include this proposal as a part of that document. After your review,if you
wish to discuss modifications to this proposal,please contact us. We look forward to working
with you on this project.
Sincerely,
SHANNON&WILSON,INC
Yuxin Lang,P.E.
Senior Principal Engineer
YWL/KFF
' Enclosures: Standard General Terms and Conditions
Table 1,S&W Geotech Estimate Costs
Important Information About Your Geotechnical/Environmental Proposal
The terms and conditions of this letter are hereby accepted and authorization's given to
proceed.
By Date
Title
Fanno Creek Trail Geo Proposal.doc 24-2-04084-002
n
o .
CITY OF TIGARD
CONTRACT SLWMARY FORM
HIS MUST ACCOMPANYEACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CANBE ACQUIRED
Title of Contract:Fanno Ck'Trail Hall to.Fanno Ck Contract#:0632003
Contractor:Shannon&Wilson,Inc Total: $6,900 + $3,100.contingency =
NTE$10;000
Brief Overview: To erform Geotechnical evaluation cost proposal-Fanno.Creek pith
Direct Hire NTE$10,000
Changes Made To None
Boilerplate Contract:
�add additional es r
Pad f..
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Type of Contract ®Purchase:A`reement; _`': ;❑Personal Serviice' >::;rr' O.Construction ❑ Other
Start Date:'1/29/09 �' ' " aEnd-Da_te '67`k-o9-, Y'';°r w°. ':`'' .;.ECRB:Award Date:N/A
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Contract Mara er:Vannie T.N'`"' en PE, Exteiisidni;2460','_;" """ 'De"artmen'•t: Communit Develo ment
Quotes/Bids/Proposals: ? _ -` _ AMOUNT SCORE
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Department Comments: 1.
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Purchasing Comments:
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Purchasing Signature: Date: pl.
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Administration: Date: 0
Certificate of Insurance Received? es. ❑No ❑ Self-Insure orm eceived
Business Tax Current? ❑Yes ❑No Contractor License Current? ❑Yes ❑No
Federal TIN/1099#: Bonds Required: ❑Yes ❑No
Accounting String: Fund Division Account Total
Springbrook No.: 225 6400 754043 y"V $10,000
. IFAS No. 90050 915 a .150
ENGINEERING DEPARTMENT
PURCHASE REQUISITION / PO & Payment Tracking
Date: XXXXXX PO#: 0632003
Vendor: Ship to:
Shannon & Wilson, Inc. City of Tigard
3990 Collins Way S-203 Project Manager Name
Lake Oswego, OR 97035 Date approved by L XXXX XXXX
Phone: 503--223-6147 Taxpayer ID: XXXX XXXX
Fax: 503-223-6140
Acct.#: 225-6400-754043 File No.: 0632
Acct.#: XXX-XXX-XXX CIP No.: XX XX-XX
Project name:
Fanno Creek Trail(Hall to Fanno Creek)
Type of contract:
CONSTRUCTION/PERSONAL SERVICE ETC.
Contract Amount
Description Dates Change Orders PO Payments PO Amt/Balance
Amendments
Contract Amount $ 6,900.00 $ 6,900.00
Contingency $ 3,100.00 $ 10,000.00
PO PAYMENTS $
Total Change orders/Amendments to Contract $ 3,100.00
Total Contract Amount $ 18000.00
NTP Issued: PO Balance $ 10,000.00
Expires:
Completion Date:
%k,contract over original amount 145%
%contract paid 0%
Total Contract Amount FY07-08 $ -
Total Contract Amount To Date: ; $ -
Authorized Signature Date
1:\ENG\2008-2009 FY CIP\Fanno Creek Trail-Hell to Fanno Creek Boardwalk Path and Bridge90950\PO&Payment Tracking-Fanno Creek Trail-Hell to Fanno Creek
2/78/2009