Shannon & Wilson Inc ~ C170005 CITY of TIGARD.OREGON-CONTRACT SjapLARY FARM
(THISPORMMUSTACCOAW.&wL-;ERYCON7X4CT) -,
Contract Tide: 113`'Outfall—Woodspring Apartments Number 1::N
C.:onuactor. Shannon&Wilson I ContractTotal. $30.M7
Contract Ov err.tea- Shannon&1Xi;]icon.is being hired to wform ier tech tfeum and to
complete a pipe and outfall repair dcstgL„f �hz 113'`` outfall oto d nr net
Ilk,pa=ents.
Initial Risk Level: ❑Extreme ❑ High Moderate ❑ I.uw
Risk Reduction.Steps: _
Risk Comments: .' f
Risk Signature. ^✓ ''= ------
Contract Manager:Andrew Newburg- Lsxt. 2172 DeparrmcntPV'/RnWgCd0g_
Tvc. ❑ Purchase Agreement ❑ Personal Service ❑ General Service ® Public Improvement
[] IGA ❑ Other:
Start Date: _]illy 7 2016 15nd Date: November 30,2016
Quotes/Bids/Proposal! FIRM AmotTNT jS oRF
r_ on&Wilson $30,447
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Account Strung: and-Division-.Account Work Orrim-Acti�ITWe Amount
FY 16-17 510-8000-5GOU5 94001-130 $30,447
FY
Approvals - LCRB Date:
Department Comments
Departmcrnt Signature:
Purchasing Comments:
Purchasing Signaaare:
City Manager Comments:
City Manager Signature: L2�
I
Aftr securing all required approvals, forward original copy to the Contrectrng and Peuchasiug Office aAmg with a
completed Contract Checklist.
Contract�C—n ows
v
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
SW 113TH AVENUE OUTFALL REPAIR DESIGN AND CONSTRUCTION SUPPORT
THIS AGREEMENT,made and entered into this 6`'day of July, 2016,by and between the City of
Tigard, a municipal corporation, hereinafter referred to as the "City," and Shannon & Wilson, Inc.,
hereinafter referred to as the "Consultant."
RECITALS
WHEREAS, the City's 2016-2017 Fiscal Year budget provides for design and construction support
services for the SW 113`'Avenue Outfall Repair project;and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the program of the City;and
WHEREAS,the City desires to engage the Consultant to render professional services for the project
described in this Agreement,and the Consultant is willing and qualified to perform such services;
THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby
agree as follows:
1. Consultant's Scope of Services
The Consultant shall perform professional services relevant to the Project in accordance v-ith the
terms and conditions set forth herein,and as provided in Exhibit A,which is attached hereto and
by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or e.-,--tended,on completion of the work or June 30,2017 whichever comes
first. All work under this Agreement shall be completed prior to the expiration of this Agreement.
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit A of this Agreement, and
for services required in the fulfillment of Paragraph 1,the Consultant shall be paid on
an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement,
which shall constitute full and complete payment for said services and all expenditures
which may be made and expenses incurred, except as otherwise expressly provided in
this Agreement. The Basic Fee shall not exceed the amount of Thirty Thousand Four
Hundred Forty Seven and No/100 Dollars ($30,447.00) without prior written
authorization.
2) The Parties hereto do expressly agree that the Basic Fee is based upon the Scope of
Services to be provided by the Consultant and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual construction
cost differs from the estimated construction cost,the Consultant's compensation will
not be adjusted unless the Scope of Services to be provided by the Consultant changes
and is authorized and accepted by the City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings
shall be submitted by the Consultant periodically, but not more frequently than monthly.
Payment by the City- shall release the City from any further obligation for payment to the
Consultant for service or services performed or expenses incurred as of the date of the
statement of services. Payment shall be made only for work actually completed as of the
date of invoice. Payment shall not be considered acceptance or approval of any work or
waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Consultant shall furnish or acquire for the
City the professional and technical services based on the hourly rate schedule as described
in Exhibit B of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Consultant shall furnish certified cost records for all billings pertaining to other than
lump sum fees to substantiate all charges. For such purposes,the books of account of the
Consultant shall be subject to audit by the City. The Consultant shall complete work and
cost records for all billings on such forms and in such manner as will be satisfactory-to the
City.
E. Contract Identification
The Consultant shall furnish to the City its employer identification number,as designated
by the Internal Revenue Service, or social security number,as the City deems applicable.
F. Payment—General
1) Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
2) Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one 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.
3) Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical and 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.
4) The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
5) Consultant shall make payments promptly,as due,to all persons supplying services or
materials for work covered under this contract. Consultant shall not permit any lien
or claim to be filed or prosecuted against the City on any account of any service or
materials furnished.
6) If Consultant fails,neglects or refuses to make prompt payment of any claim for labor,
materials, or services furnished to Consultant, sub-consultant or subcontractor by any
person as such claim becomes due,City may pay such claim and charge the amount of
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the payment against funds due or to become due to the Consultant. The payment of
the claim in this manner shall not relieve Consultant or their suret; from obligation
with respect to any unpaid claims.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service,are and shallremain,the property of the Consultant;however, the
City shall be furnished,at no additional cost,one set of previously approved reproducible
drawings, on 3 mil minimum thickness mylar as well as diskette in "DWU' or "DXF"
format, of the original drawings of the work. The City shall have unlimited authority to
use the materials received from the Consultant in any way the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Consultant, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by
the Consultant pursuant to this _agreement, and also make available any other maps,
records, or other materials available to the City from any other public agency or body.
C. The Consultant shall furnish to the City, copies of all maps, records, field notes, and soil
tests which were developed in the course of work for the City and for which compensation
has been received by the Consultant at no additional expense to the City except as provided
elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign,sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect whatsoever
unless and until the other party has so consented. If City agrees to assignment of tasks to a
subcontract,Consultant shall be fully responsible for the acts or omissions of any subcontractors
and of all persons employed by them,and neither the approval by City of any subcontractor nor
anything contained herein shall be deemed to create any contractual relation between the
subcontractor and City.
6. Consultant is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Consultant's work product is satisfactory and consistent with this agreement, but
Consultant is not subject to the direction and control of the City. Consultant shall be an
independent contractor for all purposes and shall be entitled to no compensation other
than the compensation provided for under Section 3 of this Agreement.
B. Consultant is an independent contractor and not an employee of City. Consultant
acknowledges Consultant's status as an independent contractor and acknowledges that
Consultant is not an employee of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Consultant to
provide services under this contract are employees of Consultant and not of City.
Consultant acknowledges that it is not entitled to benefits of any kind to which a City
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law. Furthermore,
in the event that Consultant is found by a court of law or an administrative agency to be
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an employee of the City for any purpose,City shall be entitled to offset compensation due,
or to demand repayment of any amounts paid to Consultant under the terms of the
agreement, to the full extent of any benefits or other remuneration Consultant receives
(from City or third party) as a result of said finding and to the full extent of any payments
that City is required to make (to Consultant or to a third party) as a result of said finding.
C. The undersigned Consultant hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest,has or will receive
any remuneration of any description from the Consultant, either directly or indirectly,
in connection with the letting or performance of this Agreement,except as specifically
declared in writing.
D. If this payment is to be charged against Federal funds,Consultant certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his/her normal charge for the type of service provided.
E. Consultant and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more
in the calendar year by any public employer participating in the Retirement System.
F. Consultant shall obtain, prior to the execution of any performance under this
Agreement, a City of Tigard Business License. The Tigard Business License is based
on a calendar year with a December 31 st expiration date. New businesses operating
in Tigard after June 30th of the current year will pay a pro-rated fee though the end of
the calendar year.
G. Consultant is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training of the Consultant as a
material inducement to enter into this Agreement. Consultant represents to the City that
the work under this contract will be performed in accordance with the professional
standards of skill and care ordinarily exercised by members of the Consultant's profession
under similar conditions and circumstances as well as the requirements of applicable
federal, state and local laws, it being understood that acceptance of an Consultant's work
by the City shall not operate as a waiver or release. Acceptance of documents by City does
not relieve Consultant of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Consultant agrees and shall indemnify,
defend, save and hold harmless the City of Tigard, its officers, employees, agents, and
representatiz es from all claims, suits, or actions and all expenses incidental to the
investigation and defense thereof, of whatsoever nature, including intentional acts
resulting from or arising out of the activities of Consultant or its subcontractors, sub-
consultants, agents or employees in performance of this contract at both trial and appeal
level,whether or not a trial or appeal ever takes place including any hearing before federal
or state administrative agencies.. If any aspect of this indemnity shall be found to be illegal
4l Page
or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity
of the remainder of this indemnification.
C. Claims for Professional Liability. Consultant agrees and shall indemnify, defend, save and
hold harmless the City of Tigard,its officers,employees,agents,and representatives from
all claims, suits, or actions and all expenses incidental to the investigation and defense
thereof, arising out of the professional negligent acts, errors or omissions of Consultant
or its subcontractors,sub-consultants,agents or employees in performance of professional
services under this agreement. Any work by Consultant that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities shall be
considered a professionally negligent act, error or omission.
D. As used in subsections B and C of this section, a claim for professional responsibility is a
claim made against the City in which the City's alleged liability results directly or indirectly,
in whole or in part, from the quality of the professional services provided by Consultant,
regardless of the type of claim made against the City in performance of this contract. A
claim for other than professional responsibility is a claim made against the City in which
the City's alleged liability results from an act or omission by Consultant unrelated to the
quality of professional services provided by Consultant in performance of this contract.
8. Insurance
Consultant and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall corer risks arising directly or
indirectly out of Consultant's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is primary
insurance with respect to the interests of City and that any other insurance maintained by City is
excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Consultant and its subcontractors 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(CG 20101185 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 $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
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B. Professional Liability
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by any actual or
alleged negligent act, error or omission in the rendering of or failure to render Professional
Sen-ices.Combined single limit per claim shall not be less than$2,000,000,or the equivalent.
Annual aggregate limit shall not be less than$3,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of
the contract (Symbol l or Symbols 8 and 9 as applicable) Commercial Automobile Liability
coverage on an"occurrence" form including coverage for all owned,hired, and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
D. Workers'Compensation Insurance
The Consultant, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are 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. Out-
of-state employers must protide 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 coy erage. This shall include Employer's Liability Insurance with coverage limits
of not less than$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers,employees,agents and representatives as additional insureds
with respect to this contract. Coverage will be endorsed to provide a"per project"aggregate.
F. Extended Repording Coverage
If any of the aforementioned liability insurance is arranged on a "claims-made" basis,
Extended Reporting coverage will be required at the completion of this contract to a duration
of 24 months or the maximum time period the Consultant's insurer will provide such if less
than 24 months. Consultant will be responsible for furilishing certification of Extended
Reporting coverage as described or continuous "claims-made" liability coverage for 24
months following contract completion. Continuous "claims-made" coverage will be
acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract. Coverage will be endorsed to provide a "per
project"aggregate.
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G. Insurance Carrier Rating
Coverage provided by the Consultant must be undem-ritten by an insurance company
deemed acceptable by the City. _Ull policies of insurance must be written by companies having
an A.M.Best rating of"A VII" or better, or equivalent. The City reserves the right to reject
all or any insurance carder(s)with an unacceptable financial rating.
H. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reser es the right in its sole discretion to determine whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall famish
a Certificate of Insurance to the City. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the address below prior to
coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
K. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause utill be included in all general liability
and commercial automobile policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will
be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard,Oregon 97223
At the discretion of the City, a cop; of each insurance policy, certified as a true copy by an
7 1 Page
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work.
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.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Consultant. If City terminates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to Consultant,
or at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law or regulation to be held by Consultant,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Consultant,if a receiver or trustee is appointed for Consultant,or if
there is an assignment for the benefit of creditors of Consultant.
Any such termination of this agreement under paragraph (A) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Consultant, may
terminate the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this agreement in accordance
with its terms,and after receipt of written notice from City,fails to correct such failures
within ten days or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 14 of this agreement.
8 ' Page
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Consultant shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
seri-ices satisfactorily rendered by Consultant bear to the total services otherwise required
to be performed for such total fee; provided, that there shall be deducted from such
amount the amount of damages, if any, sustained by City- due to breach of contract by
Consultant. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Consultant of any of the
terms of this Agreement or to exercise any rights hereunder,should not be construed as a waiver
or relinquishment to any e::tent of its rights to assert or rely upon such terms or rights on any
future occasion.
12. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery,
mail, or by 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:
Cfn-OF TIGARD SHANNON &WILSON,INC.
Attn: Andrew Newbury,Sr.Project Eng. Attn: David Higgins
Address: 13125 SW Hall Boulevard Address: 3990 Collins Way, Suite 100
Tigard, Oregon 97223 Lake Oswego, Oregon 97035
Phone: (503) 718-2472 Phone: (503) 210-4750
Email: andrewn0a?dWd-or.gov Email: DIHnshanwil.com
and when so addressed, shall be deemed given upon deposit in the United States mail,postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to who notices,bills and payments are to be
given by giving written notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional Services
The City-requires that services provided pursuant to this agreement shall be provided to the City
by an Consultant,which does not represent clients on matters contrary to City interests. Further,
91Paoe
Consultant shall not engage services of an Consultant and/or other professional who
individually, or through members of his/her same firm, represents clients on matters contrary-
to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the
services of an Consultant and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Consultant shall
consult with the appropriate City representative regarding the conflict.
After such consultation,the Consultant shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10 (B -3) of this agreement.
15. 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, an act of God or of a
public enemy,civil unrest,volcano,earthquake,fire,flood,epidemic,quarantine restriction,area-
vide strike,freight embargo,unusually severe weather or delay of subcontractor or supplies due
to such cause;provided that the parties so disenabled shall within ten 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.
16. 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 659A.142, and all regulations and administrative rules
established pursuant to those laws. All facilities designed by Consultant under this contract shall
be designed to be readily accessible to and usable by individuals with disabilities as required by
the Americans v ith Disabilities Act.
17. Errors
Consultant shall perform such additional work as may be necessary-to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra (Changes)Work
Only the City's Project Manager may authorize extra (and/or change) work. Failure of
Consultant to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
Consultant thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
10 1 Page
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Consultant shall comply u7th all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,279B,and 279C.
21. 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 said terms of said
proposal conflicting herewith.
22. 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.
23. Audit
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract
period. Consultant agrees to permit City, the State of Oregon,the federal government, or their
duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
24. 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.
25. Representations and Warranties
Consultant represents and warrants to the City that:
A. Consultant has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of
Consultant, enforceable in accordance with its terms.
C. Consultant (to the best of Consultant's knowledge, after due inquiry), for a period of no
fewer than six calendar years (or since the firm's inception if less than that) preceding the
effective date of this Agreement, faithfully has complied with:
11 Pale
1) All to-:laws of this state,including but not limited to ORS 305.620 and ORS chapters
316,317, and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant, to Consultant's property, operations, receipts, or income, or to
Consultant's performance of or compensation for any work performed by Consultant;
3) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant,or to goods,services,or property,whether tangible or intangible,provided
b;Consultant;and
4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Consultant's services rendered in the performance of Consultant's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or
conditions of use,transfer,modification, or assignment,and shall be free and clear of any
and all liens, claims,mortgages,security interests,liabilities,charges,and encumbrances of
any kind.
26. Compliance with Tax Laws
A. Consultant must, throughout the duration of this Agreement and any extensions, comply
with all tax laws of this state and all applicable tax laws of any political subdivision of the
State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions
described in subsection 25.C. 1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this
Agreement. Further, any violation of Consultant's warranty, in subsection 25.0 of this
Agreement,that the Consultant has complied with the tax laws of the State of Oregon and
the applicable tax laws of any political subdivision of this state also shall constitute a material
breach of this Agreement. Any violation shall entitle the City to terminate this Agreement,
to pursue and recover any and all damages that arise from the breach and the termination of
this Agreement,and to pursue any or all of the remedies available under this Agreement,at
law, or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing
to Consultant,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory
or injunctive relief. The City shall be entitled to recover any and all damages suffered
as the result of Consultant's breach of this Agreement, including but not limited to
direct,indirect,incidental and consequential damages,costs of cure,and costs incurred
in securing a replacement Consultant.
These remedies are cumulative to the extent the remedies are not inconsistent, and the City
may pursue any remedy or remedies singly, collectively, successively, or in any order
whatsoever.
12 ! Page
27. 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
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall,control.
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 he/she 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 O TIGARD SHANNON&WILSON,INC. / 410(
By: a Wine, City Tanager By:Authorized Contractor Representative
�f 7Z7Z ° r6
Date Date
13 1 Page
EXHIBIT A
SCOPE OF SERVICES
BACKGROUND
The SW 113`'Avenue Outfall is located in the Woodsprings Apartments property in Tigard, Oregon.
The existing outfall consists of a 42-inch corrugated steel culvert within a 15-foot wide City of Tigard
(City) right-of-way, which discharges to an open channel, emptying into the Tualatin River,
approximately 2,000 feet south of the culvert outlet. During heavy rainfall in December 2015, scour
at the outlet of the 42-inch culvert caused a bank failure at the head of the open channel in the area
surrounding the culvert.
The bank failure was through the culvert and caused the end section of the corrugated steel culvert to
separate and fall into the open stream channel; the remaining portion at the end of the culvert bent
down into the open channel. There is now a kink in the culvert at the face of the bank failure. The
scour also more deeply incised the open channel and over-steepened the adjacent bank slopes in the
area within approximately 75 feet of the culvert outlet. Silt soil is exposed in the face of the incised
bank slopes. The west bank of the open channel within this area is near-vertical and approximately
15 feet high,with top of bank approximately 15 feet from an apartment building structure. The bank
slopes are unstable and the apartment building structure west of the channel mai-be at risk of damage
due to bank failure. Additional scout at the base of the channel could further decrease bank stability.
PROJECT SCOPE
Task 1—Existing Conditions Survey and Explorations
Wetland and Waters Determination/ Delineation
Consultant or subconsultant shall conduct a site visit to confirm that wetland conditions are not
adjacent to the tributar;-. The methodology used for determining whether wedand conditions exist
and delineating wedand boundaries will be conducted in accordance with guidance in the Western
Mountains, Fallqs, and Coast Regional Supplement(Vernon 2.0)and the 1987 U S.Army Corps of Engineers
(Corps) Wetlands Delineation Manual used by the Corps and the DSL.
Consultant or subconsultant shall collect data at select locations to document the presence and/or
absence of wedand conditions on the site. Any on-site wedand boundaries, plot locations, and the
OHW1\1 for the tributary vEtill be flagged in the field for surveying.
Consultant or subconsultant shall assess the condition of the vegetated corridor according to CWS
standards (good, marginal, or degraded).
Geotechnical Literature Review, Reconnaissance, and Explorations
Consultant shall perform a geologic literature search including review of relevant and available
geologic mapping,previous geotechnical reports,well logs, digital aerial photos, and LiDAR.
Consultant shall perform a site reconnaissance to map geologic features, erosion, and bank failures,
and to observe soil types in the channel sidewalls and mark hand-auger boring locations for utility
locates.
Consultant shall perform two hand-auger boxings: one at the base of the outfall channel and one at
the top of the outfall channel bank slope. Both hand augers will be bored to a depth of 15 feet or
refusal to evaluate subsurface soils.
14 1 Page
Topographic Survey
Consultant or subconsultant shall complete a topographic survey of the project area beginning at the
southerly edge of curb of the existing apartment complex: drive aisle and extending south along the
stream channel to a point 100 feet below- the existing culvert outlet and positioned east/west to the
faces of the existing apartment building structures. The survey must include:
➢ Notification to the Oregon Utility Notification Center (locate services) to ensure underground
utilities in the area will be located and the surface markings can be field tied.
➢ Subcontracting with a private utility locating services for locating private underground utilities
(irrigation systems,private power/communications lines,and private plumbing).
ie Surrey of located utilities,existing ground elevations,major vegetation,trees greater than 6 inches
in diameter at breast height,driveways,structures,wetland flags and other physical improvements.
i' The topographic/site map will show all of these features and be prepared in a computerized
format that can be used for design purposes. The topographic/site map will have a one-foot
contour interval.
Task 2—Design Phase
Geotechnical Laboratory Testing
Consultant shall perform up to eight moisture content tests and one Atterberg limits test.
Geotechnical Engineering Evaluation and Geotechnical Design Letter
Consultant shall evaluate static and seismic slope stability of the existing outfall bank slope at the
critical section based on surface observation, hand auger explorations, and topographic contour
mapping from site survey. The slope stability analysis will be performed to determine the stability of
the existing slope and the current risk to the nearby apartment building structure due to bank failure.
Consultant shall perform a conceptual evaluation of potential temporary slope stability mitigation
alternatives for the outfall bank slopes that do not require natural resource permitting. Final design
of temporary bank slope stabilization mitigation alternatives are not included in this scope of services
but can be provided for the preferred alternative if requested by the City.
Consultant shall prepare preliminary geotechnical design recommendations for manhole and scour
pad construction and conceptual recommendations for temporary mitigation of slope stability.
Consultant shall prepare a geotechnical design letter presenting the results of our field and office
studies,including geotechnical design recommendations. An electronic copy of the draft geotechnical
design letter will be prepared and submitted for review and comments. Review comments will be
incorporated in the final letter.
Consultant shall review subconsultant-developed plans and specifications.
Consultant shall assist subconsultant with development of the engineers' estimate by evaluating the
geotechnical aspects of construction.
Consultant shall attend one plan design review meeting with subconsultant and the City.
15 � Page
Civil Engineering Services
Consultant or subconsultant shall prepare Civil Engineering Construction plans, including the
following sheets:
y Cover sheet with vicinity and site maps
iO General Notes Sheet
Existing Conditions Plan
i' Grading and Erosion Control Plan
i> Plan and Profile of Piping and Channel Improvements
y' Construction Details
The plans will be developed to limit work to less than 25 CY of fill/removal within the wetland,
providing temporary repair.
In addition to the plans, Consultant or subconsultant shall perform the following:
i= Prepare hydraulic calculations for sizing the rip-rap outfall
Prepare an.Engineer's Construction Cost estimate for Civil Improvements
Y Review construction bid documents prepared by City
y' Attend one plan review meeting with the representatives of Consultant and the City
Arborist Services
Consultant or subconsultant shall provide arborist services to prepare a tree plan, as required by the
City of Tigard's Urban Forestry Manual. The tree plan will include the following information on trees
equal to or greater than 6 inches in diameter:
i> Horizontal location of each tree
y' Species
i' Diameter
:o*-, Condition
y' Wind throw potential
y Trees to be removed
r Trees to be saved,with protection measures
Natural Resource Permitting Services
Consultant or subconsultant shall prepare and submit a notification for "No State Permit
Authorization" to DSL to obtain authorization that planned repairs meet DSL requirements and do
not require natural resource permitting.
Task 3 —Construction Support Services
Construction of Temporary Repairs
Construction Support
■ Consultant and subconsultant shall review contractor material submittals.
• Consultant and subconsultant shall respond to contractor Requests for Information (RFIs).
■ Consultant and subconsultant shall attend a construction kickoff meeting.
■ Consultant and subconsultant shall complete two site visits during construction.
• Shannon&Wilson shall complete two site visits during construction.
16 � Page
■ Consultant and subconsultant shall complete one final walkthrough site visit.
j' Construction Staking
■ Consultant and subconsultant shall provide construction stakes for disturbed limits and the
storm outfall scour pad.
Arborist Services
■ Consultant and subconsultant shall provide one arborist inspection during the course of
construction and one final inspection.
Task 4—Project Management
r Consultant shall manage all repair design services and coordinate with subconsultant and the City.
r Consultant shall perform all project invoicing and accounting and provide progress reports.
i> Consultant shall manage subcontract with subconsultant.
i' Consultant shall manage the flow of information between Consultant,subconsultant,and the City.
Assumptions
i> City shall be responsible for assembling the project general specifications, contract documents,
and contractor bidding and selection.
Y Scope of services does not include scour protection or slope stability mitigation of outfall channel
bank slopes.
i' Final design of proposed conceptual temporary mitigation alternatives to improve bank stability
are not included in this scope of services.
j' No tree mitigation will be required for the project.
y Monitoring of plant establishment for vegetated corridor enhancements will be completed by City.
Jo- Corps and DSL permit support will not be performed.
i' Surrey will not include property boundaries.
i' Construction materials testing will not be required.
r' City of Tigard Permits will not be needed.
The City will provide site access.
PI This scope of services does not include bioengineering of stream channel enhancements.
y' Assume site soils and groundwater are not contaminated.
r' Fees or bonds required by affected governmental bodies for review, filing, and submission of
plans, drawings,and surveys are not included in the cost.
Title company fees are not included in the cost.
SCHEDULE
Consultant shall begin services immediately upon receipt of Notice to Proceed (NTP. Tasks 1 and 2
shall be performed concurrently; complete draft plans ready by early August 2016. Final plans and
specifications anticipated to be completed by mid-August 2016.
17 1 Page
EXHIBIT B
CONSULTANT'S PROPOSAL
June 29,2016 SHANNON 6 WI LSON, INC.
Mr.Andrew Newbury,PE
City of Tigard
Public Works Department
13125 SW Hall Boulevard
Tigard,Oregon 97223
RE: REVISED PROPOSAL FOR DESIGN AND
CONSTRUCTION SUPPORT SERVICES
SW 113TH AVENUE OUTFALL REPAIR
TIGARD, OREGON
Dear Mr.Newbury:
This revised proposal is for design and construction support services for the SW 113th Avenue
Outfall repair. Services will include wetland delineation, survey, geotechnical and civil design,
arborist, natural resource permitting, and geotechnical and civil construction support. Shannon
&Wilson, Inc., will perform the geotechnical services and all other services will be
subcontracted by Shannon&Wilson to AKS Engineering&Forestry(AKS). Shannon&
Wilson will support and review services to be performed by AKS.
The SW 113th Avenue Outfall is located in the Woodsprings Apartments property in Tigard,
Oregon. The existing outfall consists of a 42-inch corrugated steel culvert within a 15-foot wide
City of Tigard(City) right-of-way, which discharges to an open channel, emptying into the
Tualatin River, approximately 2,000 feet south of the culvert outlet. During heavy rainfall in
December 2015, scour at the outlet of the 42-inch culvert caused a bank failure at the head of the
open channel in the area surrounding the culvert. The bank failure was through the culvert and
caused the end section of the corrugated steel culvert to separate and fall into the open stream
channel; the remaining portion at the end of the culvert bent down into the open channel. There
is now a kink in the culvert at the face of the bank failure. The scour also more deeply incised
the open channel and over-steepened the adjacent bank slopes in the area within approximately
75 feet of the culvert outlet. Silt soil is exposed in the face of the incised bank slopes. The west
bank of the open channel within this area is near-vertical and approximately 15 feet high, with
top of bank approximately 15 feet from an apartment building structure. The bank slopes are
unstable and the apartment building structure west of the channel may be at risk of damage due
to bank failure. Additional scour at the base of the channel could further decrease bank stability.
18 � Page
Project Understanding
Our project understanding is based on a site visit with the City of Tigard on February 16, 2016,
follow-up email and phone correspondence with the City, a City request for a proposal for outfall
repair design issued June 15, 2016, and a June 28, 2016 request by the City that we revise our
proposal to include only construction that does not require natural resource permitting. Shannon
&Wilson and AKS both made a site visit on June 20, 2016 to observe the current condition of
the outfall. After returning from the site visit,AKS Natural Resource personnel spoke with
regulatory agencies regarding permitting of outfall repairs.
Based on AKS' discussions with regulatory agencies, we understand that the outfall is within a
jurisdictional tributary to the Tualatin River which is regulated by the Oregon Division of State
Lands (DSL) and the Portland District US Army Corps of Engineers (Corps). Fill and/or
removal exceeding 50 cubic yards (CY) of material within waters of the State will require an
Individual Permit (IP) from DSL. Fill and/or removal exceeding 1 CY per running foot below
the Ordinary High Water Mark(OHWM) or 25 CY requires a Pre-Construction Notification
Permit to the Corps in order to receive Nationwide Permit(NWP) authorization. The timeline
for review of the NWP is approximately 60 days and the review timeline for the IP is 120 days.
Work within waters is limited to an in-water work period which extends from July 15th to
September 30th. Clean Water Services (CWS) will require a 50-foot wide vegetated corridor
adjacent to the tributary. Ground disturbance (either temporary or permanent) will require a
Service Provider Letter from CWS.
We understand that the City has requested we provide plans and specifications for outfall
channel repairs to replace the damaged portion of the 42-inch steel culvert outlet and mitigate
scour and bank stability at the head of the open channel within approximately 100 feet of the
culvert outlet. We understand the plans and specifications will be used to request contractor bids
for the repairs to be performed this fall. We also understand that the City will be responsible for
assembling the project general specification, contract documents, and contractor bidding and
selection. The plans and specifications will require topographic survey of existing conditions
and arborist services. Our original June 24, 2016 proposal to the City included scope items
pursuinge natural resource permitting to place greater than 25 CY of fill for channel sidewall
scour protection and increased slope stability. After receiving our original proposal,we
understand that the City determined that funding was not available to pursue natural resource
permitting. On June 28, 2016,the City requested we revise our proposal to not include Corps
and DSL natural resource permitting and to limit temporary repair design to only repairs that do
not require Corps and DSL permitting. We understand that the City has requested we continue
to provide wetland delineation and natural resource assessment for submittal to CWS as part of
this scope of services. The City has requested Shannon &Wilson and AKS provide geotechnical
and civil support services during construction.
19 1 Page
Project Approach
Due to a lack of available funding to pursue the permitting required for placing more than 25 CY
of fill in the open outfall channel, our approach will be to develop temporary measures that will
repair the outfall and mitigate scour at the base of the channel. The temporary repairs will be
limited to less than 25 CYs of fill/removal and can potentially be performed without Corps and
DSL permits. The bent and damaged outlet of the 42-inch culvert will be repaired and scour
resistance fill material at the outlet will be installed,but the stability of the open channel outfall
bank slopes will not be improved. Placement of rip-rap fill material greater than 25 CY will be
required to mitigate both scour and slope stability. This will involve placing rip-rap fill as a
scour pad at the base of the channel and as buttress fill to support bank slopes in the area within
approximately 100 feet of the outlet. Our temporary repairs approach is limited to repairing the
damaged outlet pipeline and placing a scour pad at the base of the channel. They are described
as follows:
Y Culvert outfall modifications and temporary scour mitigation measures resulting in less
than 25 CY of fill/removal within the tributary (potentially no NWP or IP required).
Temporary improvements may include the addition of a manhole over an existing 42-inch
storm line,the extension of the 42-inch storm line, and a rip-rap energy dissipater(less
than 25 CY). AKS will prepare and submit a notification for"No State Permit
Authorization"to DSL to provide written notification to the agency of planned fill
placement; we will then receive agency clarification that planned construction activities
meet regulatory requirements. Temporary repairs will include repair of the 42-inch outlet
and improve the scour resistance at the outlet,but will not improve bank slope stability
and will not provide additional scour protection for exposed outfall bank slopes. We will
provide recommendations for conceptual temporary slope stability mitigation alternatives
that do not require natural resource permitting.
Based on the results of our engineering evaluation, we may also recommend that temporary
stabilization improvements be made until additional placement of rip-rap fill for buttress support
of the open channel outfall banks can be permitted and constructed.
We will begin services immediately upon receiving notice to proceed, first performing the
existing conditions survey and explorations including literature review, site reconnaissance,
wetland delineation, geotechnical explorations, and topographic survey. We will then begin the
design phase, including geotechnical and civil engineering services as well as arborist services.
We will provide the City with support during bidding and once a contractor is selected we will
provide construction support services.
Our scope of services, schedule, and estimated fee is discussed in detail herein.
201Page
Scope of Services
Task 1 — Existing Conditions Survey and Explorations
Wetland and Waters Determination / Delineation
AKS will conduct a site visit to confirm that wetland conditions are not adjacent to the
tributary. The methodology used for determining whether wetland conditions exist and
delineating wetland boundaries will be conducted in accordance with guidance in the Western
Mountains, Valleys, and Coast Regional Supplement(Version 2.0) and the 1987 U.S. Army
Corps of Engineers (Corps) Wetlands Delineation Manual used by the Corps and the DSL. AKS
will collect data at select locations to document the presence and/or absence of wetland
conditions on the site. Any on-site wetland boundaries, plot locations, and the OHWM for the
tributary will be flagged in the field for surveying. AKS will assess the condition of the
vegetated corridor according to CWS standards (good, marginal, or degraded).
Geotechnical Literature Review, Reconnaissance, and Explorations
Shannon &Wilson will perform a geologic literature search including review of relevant
and available geologic mapping, previous geotechnical reports, well logs, digital aerial photos,
and LiDAR. Shannon&Wilson will perform a site reconnaissance to map geologic features,
erosion, and bank failures, and to observe soil types in the channel sidewalls and mark hand-
auger boring locations for utility locates. Shannon &Wilson will perform two hand-auger
borings: one at the base of the outfall channel and one at the top of the outfall channel bank
slope. Both hand augers will be bored to a depth of 15 feet or refusal to evaluate subsurface
soils.
Topographic Survey
AKS will complete a topographic survey of the project area beginning at the southerly
edge of curb of the existing apartment complex drive aisle and extending south along the stream
channel to a point 100 feet below the existing culvert outlet and positioned east/west to the faces
of the existing apartment building structures. The survey will include:
Y Notification to the Oregon Utility Notification Center(locate services)to ensure
underground utilities in the area will be located and the surface markings can be field
tied.
i� Subcontracting with a private utility locating services for locating private
underground utilities (irrigation systems, private power/communications lines, and
private plumbing)
i> Survey of located utilities, existing ground elevations, major vegetation, trees greater
than 6 inches in diameter at breast height, driveways, structures, wetland flags and
other physical improvements.
211 Page
i' The topographic/site map will show all of these features and be prepared in a
computerized format that can be used for design purposes. The topographic/site map
will have a one-foot contour interval.
Task 2 — Design Phase
Geotechnical Laboratory Testing
Shannon&Wilson will perform up to eight moisture content tests and one Atterberg
limits test.
Geotechnical Engineering Evaluation and Geotechnical Design Letter
Shannon&Wilson will evaluate static and seismic slope stability of the existing outfall
bank slope at the critical section based on surface observation, hand auger explorations, and
topographic contour mapping from site survey. The slope stability analysis will be performed to
determine the stability of the existing slope and the current risk to the nearby apartment building
structure due to bank failure. Shannon &Wilson will perform a conceptual evaluation of
potential temporary slope stability mitigation alternatives for the outfall bank slopes that do not
require natural resource permitting. Final design of temporary bank slope stabilization
mitigation alternatives are not included in this scope of services but can be provided for the
preferred alternative if requested by the City. Shannon&Wilson will prepare preliminary
geotechnical design recommendations for manhole and scour pad construction and conceptual
recommendations for temporary mitigation of slope stability. Shannon&Wilson will prepare a
geotechnical design letter presenting the results of our field and office studies, including
geotechnical design recommendations. An electronic copy of the draft geotechnical design letter
will be prepared and submitted for review and comments. Review comments will be
incorporated in the final letter.
Shannon&Wilson will review AKS-developed plans and specifications. Shannon&
Wilson will assist AKS with development of the engineers' estimate by evaluating the
geotechnical aspects of construction. Shannon &Wilson will attend one plan design review
meeting with AKS and the City.
Civil Engineering Services
AKS will prepare Civil Engineering Construction plans, including the following sheets:
Cover sheet with vicinity and site maps
i� General Notes Sheet
Existing Conditions Plan
)o- Grading and Erosion Control Plan
i> Plan and Profile of Piping and Channel Improvements
22 1 Page
Construction Details
The plans will be developed to limit work to less than 25 CY of fill/removal within the
wetland,providing temporary repair.
In addition to the plans, AKS will perform the following:
i> Prepare hydraulic calculations for sizing the rip-rap outfall
Prepare an Engineer's Construction Cost estimate for Civil Improvements
i> Review construction bid documents prepared by City
i> Attend one plan review meeting with the representatives of Shannon &Wilson and
the City
Arborist Services
AKS will provide arborist services to prepare a tree plan, as required by the City of
Tigard's Urban Forestry Manual. The tree plan will include the following information on trees
equal to or greater than 6 inches in diameter:
i> Horizontal location of each tree
i> Species
Y Diameter
i- Condition
r Wind throw potential
Trees to be removed
y Trees to be saved, with protection measures
Natural Resource Permitting Services
AKS will prepare and submit a notification for"No State Permit Authorization"to
DSL to obtain authorization that planned repairs meet DSL requirements and do not
require natural resource permitting.
Task 3 — Construction Support Services
Construction of Temporary Repairs
Construction Support
■ Shannon &Wilson and AKS will review contractor material submittals.
■ Shannon&Wilson and AKS will respond to contractor Requests for
Information (RFIs).
23 1 Page
■ Shannon &Wilson and AKS will attend a construction kickoff meeting.
■ AKS will complete two site visits during construction.
■ Shannon&Wilson will complete two site visits during construction.
■ Shannon &Wilson and AKS will complete one final walkthrough site visit.
i> Construction Staking
■ AKS will provide construction stakes for disturbed limits and the storm outfall
scour pad.
Arborist Services
■ AKS will provide one arborist inspection during the course of construction
and one final inspection.
Task 4 — Project Management
Shannon&Wilson will manage all repair design services and coordinate with AKS and the City.
We;rill perform all project,in and accounting and provide progress repo ts. .':'e-.ill
manage our subcontract with AKS. We will manage the flow of information between Shannon
&Wilson and AKS and the City.
assumptions
> City will be responsible for assembling the project general specifications, contract
documents, and contractor bidding and selection.
y Our scope of services does not include scour protection or slope stability mitigation of
outfall channel bank slopes.
i> Final design of proposed conceptual temporary mitigation alternatives to improve bank
stability are not included in this scope of services.
i> No tree mitigation will be required for the project.
v Monitoring of plant establishment for vegetated corridor enhancements will be completed
by City.
Y Corps and DSL permit support will not be performed.
it Survey will not include property boundaries.
Construction materials testing will not be required.
y City of Tigard Permits will not be needed.
i> The City will provide site access.
y This scope of services does not include bioengineering of stream channel enhancements.
24 1 Page
We assume site soils and groundwater are not contaminated.
Y Fees or bonds required by affected governmental bodies for review, filing, and
submission of plans, drawings, and surveys are not included in the estimate. Title
company fees are not included in the estimate.
Schedule
We are prepared to begin services immediately upon receipt of your notice to proceed (NTP)
which we assume will be by July 1, 2016. We will perform Tasks 1 and 2 concurrently; we plan
to complete draft plans by July 22, 2016. We anticipate final plans and specifications will be
completed August 5, 2016.
Estimated Fee
Our services will be performed on a time-and-materials basis in accordance with the attached
cost estimate table and 2016 Shannon &Wilson and AKS Fee Schedules. We estimate that the
cost to complete the scope of services described herein will be$30,447. This estimate will not
be exceeded without prior written authorization. The breakdown of costs for each task is shown
on the cost estimate table. If additional services, site visits, meetings, analyses,permit
applications, or consultation outside the scope defined herein are deemed appropriate, we will so
recommend and seek your authorization for the additional costs before proceeding.
Potential future tasks not included in this scope of services may include monitoring of bank
slopes during the winter months and final design of temporary bank slope stabilization preferred
alternative.
Sincerely,
SHANNON&WILSON,INC.
David J.Higgins,CEG
Associate I Engineering Geologist
DJH/RPP:aeb
Enclosures: Cost Estimate Table
Shannon&Wilson 2016 Schedule of Fees
AKS Standard Fee Schedule
25 1 Page