Miller Consulting Engineers r
q CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT#(NUMBER)
STRUCTURAL ENGINEERING SERVICES
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Miller Consulting Engineers, Inc., hereinafter called the Firm, entered into on the 10'h day of
July,2007,is hereby amended as follows:
EXHIBIT A
SERVICES TO BE PROVIDED/FEE SCHEDULE
1. SERVICES TO BE PROVIDED
Services to be provided by Contractor under this Agreement include, by may not be limited to, the
following:
A. ,
The Contractor shall act as stiuctural consultant to
the City.
B.
Review dans submitted to the City as part of building
permit applications for structural conformance, to the most recently published version of the
State of Oregon Structural Specialty Code. Up to three reviews of an applicant's construction
documents shall be considered part of the scope of work. Further reviews of the construction
documents shall be considered additional work.
C.
- e --' '-`- --- --, Submit reports to the City indicating code compliance or citing any
Structural deficiencies or additional information as may be required.
D.
elep--`--- nt '--=-- All work to be performed within ten (10,) business days of consultant's
receipt of plans from the City or upon City's request. City may consent to additional time
where complex or large pro-ject dans and submitted or are incomplete, but no longer than
fifteen 15) business days of receiving a corr.pleted set of plans.
E.
Services do not include review of non-structural items or non-structural work disciplines unless
such items or work disciplines are indicated in the structural sheet plans or information,and
F.
On the fifth day of each month, Contractor shall provide the City a list of
project plans reviewed within the previous month, charges for such reviews and a listing of any
authorized additional charges by Contractor to the City. Such billings will describe all work
performed with particularity„ by whom it was performed and shall itemize and explain all
expenses for which reimbursement is claimed, including the date and manner in which City
rendered its prior authorization for such reimbursement. No payment will be made for any
services performed before die beginning date after the expiration date of this contract.
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2. FEE SCHEDULE
Contractor will charge the City seventy-five percent (75°o) of the structural
plan review plan check fee
charged by
the City for the particular application plans reviewed by the Contractor. Includes review of light
gauge steel framing,window support structures,and cladding attachments.
Contractor shall charge a fifty percent (50%) of the deferred submittal fee charged by the City for
the particular application plans reviewed by Contractor.
Fees include non-labor charges which include, but may not be limited to, mileage, delivery charges,
and long distance phone charges, shall be billed a rate equaling the actual charge or cost plus ten
percent (10%) if they fall outside the contracted scope of work.
Any requested services that fall outside the scope of the services to be provided shall be billed at a
rate of One Hundred Thirty Two and No/100 Dollars per hour ($132.00/hr.)
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Firm has executed this Amendment upon signature and date listed below.
CITY OF TIGARD fi.ER CONS LTING ENGINEERS
Signature Signature
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Printed Name Printed Name
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Date Date
r CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
STRUCTURAL ENGINEERING SERVICES
THIS AGREEMENT made and entered into this 10`h day of July 2007, by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called City, and Miller Consulting Engineers, Inc.,
hereinafter called Contractor.
RECITALS
WHREAS,the City's 2007-2008 Fiscal Year budget provides for contracted structural engineering services;and
WHEREAS City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Contractor,and
WHEREAS City has determined that Contractor is qualified and capable of performing the professional
services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor shall initiate services immediately upon receipt of City's notice to proceed together with an
executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A and
by this reference made a part hereof. Any and all work assigned by the City will be contained in
subsequent scope of work as needed. This Agreement serves to outline the general services that will be
expected of the Contractor as the City's Hydrogeologist of Record.
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution and shall expire, unless otherwise
terminated or extended,on June 30,2008. The City and Contractor may agree upon four (4) additional
one-year option periods to this Agreement. The total duration of this Agreement shall not exceed five
(5)years. All work under this Agreement shall be completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outline in Exhibit A for
performance of those services described herein and in any subsequent agreements that arise from the
work under this Agreement. The annual compensation to the Contractor under this Agreement is
estimated not to exceed Fifty Thousand and No/100 Dollars ($50,000.00). Any and all payments made
to the Contractor shall be based upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes all
expenses incurred by Contractor, with the exception of expenses, if any identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor's invoice, subject to the approval
of the City Manager, or designee, and not more frequently than monthly. Payment shall be
made only for work actually completed as of the date of invoice.
2007 Structural Engineering PSA—Miller Consulting Page 1
C. Payment by City shall release City from any further obligation for payment to Contractor,
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.
D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials
for the prosecution of this work.
E. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material famished.
F. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes due,
City's Finance Director may pay such claim and charge the amount of the payment against
funds due or to become due the Contractor. The payment of the claim in this manner shall not
relieve Contractor or their surety from obligation with respect to any unpaid claims.
H. Contractor 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.
I. Contractor shall promptly, as due, make payment to any person, co-partnership, association or
corporation, famishing medical, surgical and hospital care or other needed care and attention
incident to sickness or injury to the employees of Contractor or all sums which Contractor
agrees to pay for such services and all moneys and sums which Contractor 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.
J. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Contractor
which result from this Agreement,including any computations,plans,correspondence or pertinent data
and information gathered by or computed by Contractor prior to termination of this Agreement by
Contractor or upon completion of the work pursuant to 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,
Contractor 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.
2007 Structural Engineering PSA—Miller Consulting Page 2
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is and shall
be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of
City, shall not be entitled to benefits of any kind to which an employee of City is entitled and
shall be solely responsible for all payments and taxes required by law. Furthermore,in the event
that Contractor is found by a court of law or any administrative agency to be an employee of
City for any purpose, City shall be entitled to offset compensation due, or to demand
repayment of any amounts paid to Contractor under the terms of this Agreement, to the full
extent of any benefits or other remuneration Contractor 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
Contractor or to a third party)as a result of said finding.
B. The undersigned Contractor 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 Contractor, either directly or indirectly, in connection with the letting or
performance of this Agreement, except as specifically declared in writing. If this payment is to
be charged against Federal funds, Contractor certifies that he/she is not currently employed by
the Federal Government and the amount charged does not exceed his or her normal charge for
the type of service provided. Contractor 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.
C. Contractor certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
D. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to enter
into this Agreement. Contractor warrants that all its work will be performed in accordance with
generally accepted professional practices and standards as well as the requirements of applicable federal,
state and local laws,it being understood that acceptance of a contractor's work by City shall not operate
as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them
harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or
expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a
trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise
from, during or in connection with the performance of the work described in this contract, except
liability arising out of the sole negligence of the City and its employees. Such indemnification shall also
cover claims brought against the City under state or federal worker's compensation laws. If any aspect
of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this indemnification.
2007 Structural Engineering PSA—Miller Consulting Page 3
8. INSURANCE
Contractor and its subcontractors 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 Contractors activities or work hereunder, including the operations of its subcontractors of any
tier.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor'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 2,000,000
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
t3. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of
the contract, Commercial Automobile Liability coverage including coverage for all owned,
hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less
than$1,000,000.
C. Workers'Compensation Insurance
The contractor,its Subcontractors,if any, and all employers providing work,labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
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
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. Contractors who perform
work without the assistance or labor of any employee need not obtain workers' compensation
coverage. All non-exempt employers shall provide Employer's Liability Insurance with
coverage limits of not less than$500,000 each accident.
D. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile Insurance policies
and other policies the City deems necessary shall include the City,its officers, directors, and
employees as additional insureds with respect to this contract.
2007 Structural Engineering PSA—Miller Consulting Page 4
E. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate limits or intent not
to renew insurance coverage without 30 days written notice to the City. Any failure to
comply with this provision will not affect the insurance coverage provided to the City. The
30 days notice of cancellation provision shall be physically endorsed on to the policy.
F. Insurance Carrier Ratine
Coverages provided by the Contractor 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.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor 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 certificate will specify and
document all provisions within this contract. A renewal certificate will be sent to the above
address 10 days prior to coverage expiration.
H. 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.
I. Primary Coverage Clarification
The parties agree that Contractor'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.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy,
certified as a true copy by an authorized representative of the issuing insurance company, or at the
discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of
such insurance shall be forwarded to:
City of Tigard
Attn: Carissa Collins,Management Analyst
13125 SW Hall Blvd.
Tigard,Oregon 97223
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 contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
2007 Structural Engineering PSA—Miller Consulting Page 5
9. METHOD&PLACE OF SUBMITTING NOTICE,BILLS AND 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:
City of Tigard Miller Consulting Engineers
Attn: Mark VanDomelen,Plans Exam Super. Attn: Eric Watson,Principal
Address: 13125 SW Hall Blvd. Address: 9570 SW Barbur Blvd,Suite 100
Tigard, Oregon 97223 Portland, Oregon 97219-5412
Phone: 503) 718-2759 Phone: 503 246-1250
Fax: 503 624-3681 Fax: 503) 246-1395
Email Address: mark-N-@OpLd-or.gov Email Address: eric milleren . s.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.
10. 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.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City by a
Contractor that does not represent clients on matters contrary to City interests. Further, Contractor
shall not engage services of an attorney and/or other professional who individually, or through
members of his/her same firm,represents clients on matters contrary to City interests.
Should the Contractor represent clients on matters contrary to City interests or engage the services on
an attorney and/or other professional who individually, or through members of his/her same firm,
represents clients on matters contrary to City interests, Contractor shall consult with the appropriate
CITY representative regarding the conflict.
After such consultation, the Contractor 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 13 (B) (3) of this agreement
12. 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 Contractor. If City terminates the contract pursuant to this paragraph,it
shall pay Contractor for services rendered to the date of termination.
2007 Structural Engineering PSA—Miller Consulting Page 6
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,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 Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
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 Contractor, may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Contractor 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 (10) days or such other period as City may authorize.
3) If Contractor fails to eliminate a conflict as described in Section 11 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Contractor 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),Contractor shall be entitled to receive as
fall 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 services satisfactorily
rendered by Contractor 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 Contractor. 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
2007 Structural Engineering PSA—Miller Consulting Page 7
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
15. FORCE MNEURE
Neither City nor Contractor 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-wide strike, freight
embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided-
that
rovidedthat 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.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor 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 extent of its rights to assert or rely upon such terms or rights on any future
occasion.
17. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor 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.
18. ERRORS
Contractor 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.
19. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement, Brian Rager, Asst. Public Works Director, may
authorize extra (and/or change) work. Failure of Contractor 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 Contractor thereafter shall be entitled to no compensation whatsoever for
the performance of such work.
20. WARRANTIES
All work shall be guaranteed by Contractor for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures, workmanship and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance of
the work nor payment therefore shall relieve Contractor from liability under warranties contained in or
implied by this Agreement.
2007 Structural Engineering PSA—Miller Consulting Page 8
21. 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 attorney's fees and court costs on appeal.
22. 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.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor 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 subcontractors
and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby
made a part of this agreement.
24. 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.
25. AUDIT
Contractor 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.
Contractor 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.
26. 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.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must make payment promptly as due to persons supplying Contractor labor or
materials for the execution of the work provided by this order. Contractor must pay all contributions or
amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order.
Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of
City on account of any labor or material to be furnished. Contractor further agrees to pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than eight (8) hours in
any one day,or forty (40) hours in any one week,except in cases of necessity, or emergency or where the
2007 Structural Engineering PSA—Miller Consulting Page 9
public policy absolutely requires it, and in such cases, except cases of contracts for personal services as
defined in ORS 279A.055,the labor shall be paid at least time and a half for all overtime in excess of eight
(8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS
279C.540. In cases of contracts for personal services as defined in ORS 279A.055,any labor shall be paid at
least time and a half for all hours worked in excess of forty (40) hours in any one week, except for those
individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
29. MEDICAL CARE AND WORKERS'COMPENSATION
Contractor 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 such Contractor, of all sums which the Contractor agrees to pay for such
services and all moneys and sums which the Contractor collected or deducted from the wages of the
employees pursuant to any law, contractor agreement for the purpose of providing or paying for such
service.
30. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the 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.
Contractor,by the signature of its authorized representative, hereby acknowledges that he 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 Contractor has executed this Agreement on the date hereinabove first written.
CITY II CPNSULTING NGINEERS,INC.
/L��Y.� V t
By: Craidprosser, City Manager By: Authorized Agent Xf Contractor
Date Date
2007 Structural Engineering PSA—Miller Consulting Page 10
v '
EXHIBIT A
SERVICES TO BE PROVIDED / FEE SCHEDULE
1. SERVICES TO BE PROVIDED
Services to be provided by Contractor under this Agreement include, by may not be limited to, the
following:
A. Examining blueprints, specifications, and structural calculations submitted with building permit
applications for commercial construction,
B. Ensuring that plans and specifications meet all required State of Oregon Structural Specialty
Code,and the Tigard Municipal Code,
C. Submitting all required documentation to the City detailing code compliance and/or citing any
structural deficiencies,
D. Contractor shall have 10 working days to review submitted plans. Any plans that require more
than the 10 working day maximum must have the approval of the Building Official and/or the
department designee,
E. Contractor must be willing to pick up designated plans within 48 hours of notification by COT
staff,or the City will deliver the plans to contactor via the mail service of its choosing,and
F. Contractor must be a registered engineer with the State of Oregon with necessary credentials to
perform said work.
2. FEE SCHEDULE
Contractor will charge the City eighty five percent (859/6) of the structural plan review fee for
primary and secondary structures for both vertical and lateral with review of deferred structural
submittals and responses to questions from field inspectors. Includes review of light gauge steel
framing,window support structures,and cladding attachments.
Contractor shall charge a fifty percent (50%) of the deferred submittal fee.
Fees include non-labor charges which include, but may not be limited to, mileage, delivery charges,
and long distance phone charges.
Any requested services that fall outside the scope of the services to be provided shall be billed at a
rate of One Hundred Thirty Two and No/100 Dollars per hour ($132.00/hr.)
2007 Structural Engineering PSA—Miller Consulting Page 11
0-
F-71
CITY OF TIGARD
CONTRACT SUMMARY FORM
THIS MUST ACCOMPANYEACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BE ACQUIRED
Title of Contract:Structural Engineering Services Contract#: (Assigned after execution
Contractor:Miller Consulting Engineers,Inc. I Total: $60,000
Brief Overview. Award of structural engineering contract from the Building Division.
Changes Made To
Boilerplate Contract
Type of Contract: ❑ Purchase Nreement 0 Personal Service ❑ Construction ❑ Other
Start Date:July 1,2007 1 End Date:June 30,2008 LCRB Award Date:
Contract Manager:Mark VanDomelen Extension:2759 Department: Community Development
Quotes/Bids/Proposals: COMPANY AMOUNT/ SCORE
Miller Consulting Engineers,Inc. 96
AS Engineering 90
PWUEngineering,Inc. 96
Clair Company id not select for interview n/a
Department Comments: Miller Consulting Engineers,Inc.was selected due to their experience and specialty in
performing structural plans review for complex commercial and residential structures,
in addition to their close proximity to our offices.
Department Signature � 7 ' Date: j�, 017
Purchasing Comments: Staff chose to ' iew 3 final candidates for this contract.
Purchasing Signature: Date:
Administration: Date:
Certificate of Insurance Received? ❑ Yes ❑ No ❑ Self-Insured FormReceiud
Business Tax Current? ❑ Yes ❑ No Contractor License Current? ❑ Yes ❑ No
Federal TIN/1099#: Bonds Required: ❑ Yes ErNo
Accounting String: Fund Division Account Total
245 2220 601000 $60,000