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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.. neede(i) , 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 �' Contract Mara er:Vannie T.N'`"' en PE, Exteiisidni;2460','_;" """ 'De"artmen'•t: Communit Develo ment Quotes/Bids/Proposals: ? _ -` _ AMOUNT SCORE i.. �""�.:'''4;-i�y'.Y�7 �.`sk;" ✓jam NH: n I!!'- _,rash.. Department Comments: 1. _4'kz �,,7i_:.�%hi4::;-yr""f7i- '�ti:� :A: `i'�1:-•.�i.� .�G_Y:• .✓.r. - 1',,.::�-:i'i,a..�,�,'l: s`ri"'— i• :tits .�;--�'.:�::"���ti•^f " ryt. a, -x`�_. �-r... De artment Si nature Purchasing Comments: ���� -`r� - �``.gcti1„�sitvfr-;;✓^"- __ a.r,:'i:Py]..v,,.f}�,',7:,.,'t'""�.�-� ..._.; -�:,i bwcl Purchasing Signature: Date: pl. - r 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