GeoPacific Engineering, Inc ~ C140021 CITY OF TIGARD,OREGON
CONTRACT SUMMARY FORM
(FOR. MUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION)
Contract Title: Fanno Creek Trl Geotechnical Obs. &Tesg Svs. Number: P'-;�
tin )r �
Contractor: GeoPacific Engineering, Inc. Contract Total: $4,270
Contract Overview: GeoPacific Engineering, Inc.will provide geotechnical construction monitoring
services,including installation of a new retaining Nall and trail,wall backfill, and
concrete testing for new drivewa�Ts
Type: ❑ Purchase Agreement Start Date: _8/1/13 End Date: _6_/30/14
❑ Personal Service
❑ Public Improvement LCRB Award: Direct Appt. Department: PW Engineering_
❑ IGA
® Other: Eng. Sys. Agreement Contract Manager: Kim McMillan
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
GeoPacific $4,270.00
Account String: Fund-Division account '10�ork Order Number—Activio, Ti-2e Amount
420-8000-56005 92024-140 $4,270.00
Approvals
Department Comments: Direct A tract under$20,000
Department Signature: 4�
Purchasing Comments ( .
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number(2,M002 I
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
GEOTECHNICAL OBSERVATION AND TESTING SERVICES—FANNO CREEK TRAIL AND WALL
THIS AGREEMENT, made and entered into this 1" day of August, 2013, by and between the
City of Tigard, a municipal corporation, hereinafter referred to as the "City," and GeoPacific
Engineering,Inc.,whose authorized representative is Scott Hardman,and having a principal being a
registered engineer of the State of Oregon,hereinafter referred to as the "Engineer."
RECITALS
WHEREAS,the City's Fiscal Year 2013-2014 budget provides for geotechnical engineering services
for the Fanno Creek Trail and Wall project;and
WHEREAS,the accomplishment of the work and services described in this Agreement is necessary
and essential to the public works improvement program of the City;and
WHEREAS,the City desires to engage the Engineer to render professional engineering services for
the project described in this Agreement, and the Engineer 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. Engineer's Scope of Services
The Engineer shall perform professional engineering services relevant to the Project in
accordance with the terms and conditions set forth herein, and as provided in Exhibit 1,
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 extended,upon completion of the work or June 30,2014,whichever
comes first. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 of this
Agreement, and for services required in the fulfillment of Paragraph 1, the
Engineer shall be paid on an hourly rate based upon the "Schedule of Rates"
in Exhibit 1 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 Four Thousand Two Hundred
Seventy and No/100 Dollars ($4,270.00)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 Engineer 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
Engineer's compensation will not be adjusted unless the Scope of Services to
be provided by the Engineer changes and is authorized and accepted by the
City.
B. Paiment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed.
Billings shall be submitted by the Engineer periodically,but not more frequently than
monthly. Payment by the City shall release the City from any further obligation for
payment to the engineer 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 Engineer shall furnish or acquire for
the City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer 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 Engineer shall be subject to audit by the City. The Engineer 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 Engineer 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) Engineer shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Engineer 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) Engineer 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 Engineer or all sums which Engineer agrees to pay for
such services and all moneys and sums which Engineer collected or deducted
21Page
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) Engineer shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Engineer 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 Engineer fails, neglects or refuses to make prompt payment of any claim
for labor, materials, or services furnished to Engineer, sub-consultant or
subcontractor by any person as such claim becomes due, City may pay such
claim and charge the amount of the payment against funds due or to become
due to the Engineer. The payment of the claim in this manner shall not
relieve Engineer or their surety 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 shall remain, the property of the Engineer; 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
"DWG" or "DXF" format, of the original drawings of the work. The City shall
have unlimited authority to use the materials received from the Engineer in any way
the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Engineer,of all of
its maps, records, laboratory tests, or other data pertinent to the work to be
performed by the Engineer 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 Engineer 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 Engineer 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, Engineer 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.
31Page
6. Engineer is Independent Contractor
A. The City's project director,or designee, shall be responsible for determining whether
Engineer's work product is satisfactory and consistent with this agreement, but
Engineer is not subject to the direction and control of the City. Engineer 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. Engineer is an independent contractor and not an employee of City. Engineer
acknowledges Engineer's status as an independent contractor and acknowledges that
Engineer 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 Engineer to
provide services under this contract are employees of Engineer and not of City.
Engineer 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 Engineer is found by a court of law or an
administrative agency to be 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 Engineer under the terms of the agreement, to the full extent of any benefits or
other remuneration Engineer 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
Engineer or to a third party) as a result of said finding.
C. The undersigned Engineer 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 Engineer, 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,Engineer 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. Engineer 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. Engineer certifies that it currently has a City business tax receipt or will obtain one
prior to delivering services under this Agreement.
G. Engineer is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
4 1 P a g c
A. The City has relied upon the professional ability and training of the Engineer as a
material inducement to enter into this Agreement. Engineer 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
engineering 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 Engineer's work by the City shall not operate as a waiver or release.
Acceptance of documents by City does not relieve Engineer of any responsibility for
design deficiencies,errors or omissions.
B. Claims for other than Professional Liability. Engineer shall defend, save and hold
harmless the City of Tigard,its officers, agents,and employees 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 Engineer or its subcontractors, sub-consultants, agents or employees
under this contract. 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.
C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the
City of Tigard, its officers, agents, and employees 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 Engineer or its subcontractors,
sub-consultants, agents or employees in performance of professional services under
this agreement. Any design work by Engineer 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 Engineer,regardless of the type of claim made against the City. 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 Engineer unrelated to the quality
of professional services provided by Engineer.
8. Insurance
Engineer 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 Engineer'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 Engineer and its subcontractors shall
provide at least the following limits and coverages:
51Page
A. Commercial General Liability Insurance
Engineer shall obtain, at Engineer'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 $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
Medical Expense (Any one person) 5,000
B. Professional Liability
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of
this contract, Professional Liability Insurance covering any damages caused by an
error, omission or any negligent acts. Combined single limit per claim shall not be
less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than
$2,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Engineer shall also obtain, at architect's expense, and keep in effect during the term
of the contract(Symbol 1 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.
D. Workers'Compensation Insurance
The Engineer,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 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. Engineers 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
$100,000 each accident.
61Pagc
E. Additional Insured Provision
All policies aforementioned, other than Professional Liability, shall include the City
its officers, directors, and employees as additional insureds with respect to this
contract. Coverage will be endorsed to provide a per project aggregate.
F. Extended Reporting 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 Engineer's insurer will
provide such if less than 24 months. Engineer will be responsible for furnishing
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.
G. Insurance Carrier Rating
Coverage provided by the Engineer 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.
H. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Engineer 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 address below ten days prior to coverage expiration.
I. Primary Coverage Clarification
The parties agree that Engineer'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 and commercial automobile policies required by this contract.
The City reserves the right to request 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. If the City requests such copies they shall be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard,Oregon 97223
71Pagc
Such policies or certificates must be delivered prior to commencement of the work. Thirty
days cancellation notice shall be provided City by certified mail to the name at the address
listed above in event of cancellation or non-renewal of the insurance.
The procuring of such required insurance shall not be construed to limit Engineer's liability
hereunder. Notwithstanding said insurance,Engineer 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 Engineer. If City terminates the contract pursuant to this
paragraph,it shall pay Engineer 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
Engineer, 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
Engineer, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied, revoked, or not
renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Engineer,if a receiver or trustee is appointed
for Engineer, or if there is an assignment for the benefit of creditors of
Engineer.
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 Engineer, may
terminate the whole or any part of this Agreement:
1) If Engineer fails to provide services called for by this agreement within the
time specified herein or any extension thereof,or
81Page
2) If Engineer 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 Engineer fails to eliminate a conflict as described in Section 14 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Engineer 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),Engineer 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 services satisfactorily rendered by Engineer 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 Engineer. 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 Engineer 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.
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:+
CITY OF TIGARD GEOPACIFIC ENGINEERING,INC.
Attn: Kim McMillan,Engineering Mgr. Attn:Scott Hardman
Address: 13125 SW Hall Blvd. Address: 14835 SW 72"d Avenue
Tigard,Oregon 97223 Portland,Oregon 97224
Phone: (503) 718-2642 Phone: (503) 598-8445
Fax: (503) 684-7297 Fax: (503) 941-9281
Email: kitn@—tio_ard-oL.gov Email: (Contact person's email)
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 whom notices,bills and payments are to
be given by giving written notice pursuant to this paragraph.
91Pagr
13. McWer
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 Engineer, which does not represent clients on matters contrary to City interests.
Further, Engineer shall not engage services of an engineer and/or other professional who
individually, or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Engineer represent clients on matters contrary to City interests or engage the
services of an engineer and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Engineer shall
consult with the appropriate City representative regarding the conflict.
After such consultation,the Engineer 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 Engineer 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 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
Engineer agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Engineer 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.
17. Errors
Engineer 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.
10 1 Page
18. Extra(Changes)Work
Only the City's Project Manager may authorize extra (and/or change) work. Failure of
Engineer 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
Engineer thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
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
Engineer shall comply with 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 Engineer as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
23. Audit
Engineer 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. Engineer 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. Industrial Accident Fund Payment
Engineer shall pay any and all contributions or amount due the Industrial Accident Fund form
that Engineer or subcontractors incur during the performance of this Agreement.
26. Complete Agreement
This Agreement and attached exhibit(s) constitutes the entire Agreement between the parties.
No waiver,consent,modification,or change of terms of this Agreement shall bind either party
111 Page
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. Engineer,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 Architect has executed this Agreement on the date hereinabove first written.
CITY OF T GARD G OP I N E I G, NC.
A' l
By W' By:Authorized Contractor Representative
Date Date
121 Page
I
j EXHIBIT 1
DUTY OF ENGINEER
The Engineer shall render professional engineering services as described below:
1. Preconstruction Meetings,Submittal Review,Engineering Consultation Services
2. Subgrade Observations—Retaining Wall and Trail
3. Retaining %all Backfill
4. Concrete Field Sampling,Slump,Air Content(Assumes Four Separate Pours)
5. Laboratory Testing
6. Administration and Reporting
13 P a g c
EXHIBIT 2
ENGINEER'S PROPOSAL
14
G Ps
Real-World Geotechnical Solutions
Investigation•Design •Construction Support
July 31,2013
Proposal No. P-4588
Jeff Peck
City of Tigard
Public Works Department
13125 SW Hall Boulevard
Tigard, Oregon 97223
Via email with hard copies mailed
Subject: Proposal for Geotechnical Observation and Testing Services
Fanno Creek Trail and Wall
Tigard, Oregon
GeoPacific Engineering, Inc. (GeoPacific) is pleased to present this proposal for geotechnical
construction monitoring services on the project. The project involves installation of a new retaining
wall and trail, wall backfill, and concrete testing for new driveways.
We estimate the cost for geotechnical monitoring services for the project will be as summarized on
the following page. We prepared this cost estimate to reflect our understanding of the project
requirements and GeoPacific's anticipated role in geotechnical-related project elements. However,
uncertainty exists as to the construction phasing, construction methods and sequence the contractor
will follow in performing the work, all of which have a direct effect on the construction schedule
and the cost for geotechnical services during construction. The costs for various tasks outlined
herein could vary from those estimated, in the event that actual conditions differ significantly from
those assumed herein. If the construction schedule requires that our representative be on-site for
time durations other than those estimated herein,we will contact you immediately to discuss
potential budget impacts.
Based on the above-described level of effort, we estimate a budget for geotechnical construction
monitoring of$4,270 (see attached cost estimate). This estimate is based on an assumed cost for
each site visit. However, our invoicing will be in accordance with the attached Standard Fee
Schedule, and we will bill on a time and expense basis, only for work performed.
Upon acceptance of this proposal,please sign below and return a copy to GeoPacific Engineering,
Inc. at your earliest convenience. Please note the Limit of Liability section on Page 2 of the General
Conditions. If you agree with this limit and the other conditions outlined,please sign below.
Otherwise,please call to discuss this concept or any other aspect of our planned scope of work.
14835 SW 72"d Avenue Tel(503)598-8445
Portland,Oregon 97224 Fax(503)941-9281
July 31, 2013
Proposal No. P-4588
Cost Estimate—Construction Monitoring Services
Fanno Creek Trail and Retaining Wall
Tigard,Oregon
Total
Task Units Estimated Average Cost Estimated
Numberper Unit Cost
Preconstruction meeting, Engineer 6 140 840
submittal review, engineering Hours
consultation
Subgrade Observations— Engineer 1 350 350
Retaining Wall and trail Visits
Technician 3 180 540
Visits
Retaining Wall Backfill Technician 5 180 900
Visits
Concrete Field Sampling, Technician 4 200 800
Slump,Air Content(Assumed Visits
4 Separate Pours
Laboratory Testing Proctor 1 200 200
Concrete 12 20 240
Admin/Reporting Each 1 400 400
Totall $4,270
P4588-Fano Creek Trail_CMS proposal—Tigard 3 GEOPACIFIC ENGINEERING,INC.
GEOPACIFIC ENGINEERING, INC.
GENERAL CONDITIONS FOR GEOTECHNICAL SERVICES
July 31,2013
GeoPacific Engineering, Inc.(GeoPacific),an Oregon Corporation,and Client agree that the following general conditions
shall apply to the services provided by GeoPacific.
STANDARD OF CARE
GeoPacific Engineering,Inc.will perform its professional services in accordance with that degree of care and skill
ordinarily exercised by similarly qualified geoscience professionals currently practicing in this area under similar
conditions. No warranties or other representations are expressed or implied.
CLIENT FURNISHED INFORMATION AND OBLIGATIONS
The Client is responsible to provide GeoPacific a description of the property, its location,and the locations of any
underground utilities,facilities or structures on or adjacent to the property which could impact our work.GeoPacific,its
owners,employees,subcontractors and agents will not be responsible for any damages to buried utilities or
subterranean structures which are not specifically identified to GeoPacific. The Client also must advise GeoPacific of
the location and nature of any known or suspected hazardous materials that may exist on the property.
SITE ACCESWRIGHT OF ENTRY
The Client must advise GeoPac,prior to commencement of our services of any special requirements for entry,work
permits,security clearances, licenses,or any other required permissions. If the property is not owned by the Client,the
Client shall obtain permission for right-of entry for the purpose of performing our services.
SURFACE AND SUBSURFACE DISTURBANCE
GeoPacific Engineering, Inc.will take reasonable precautions to minimize surface and subsurface disturbance. In the
normal course of exploratory work some surface disturbance may occur,the restoration of which is not part of this
Agreement, unless specifically provided in the scope of services and budget for work.
UNANTICIPATED CONDITIONS OR HAZARDOUS MATERIALS
Subsurface conditions may vary from those encountered at the locations where surveys or explorations are made by
GeoPacific. Because the data,interpretations and recommendations of GeoPacific Engineering, Inc.are based solely
on the information available to GeoPacific Engineering, Inc.,limitations on the available data will result in some level of
uncertainty,and therefore risk,with respect to the interpretation of environmental,geologic and geotechnical conditions,
despite the use of due professional care.
The discovery of unanticipated conditions or hazardous materials constitutes a changed condition mandating an
appropriate renegotiation of the scope of services and budget or termination of services. The discovery of
unanticipated hazardous materials also may make it necessary for GeoPacific to take immediate measures to address
health and safety. GeoPacific Engineering, Inc. shall notify Client as soon as practically possible should hazardous
materials be encountered. Client agrees to compensate GeoPacific for the additional cost of services necessary to
protect the health and safety of the public and GeoPacific Engineering,Inc.'employees.
INDEMNIFICATION FOR HAZARDOUS MATERIALS AND RELEASE OF POLLUTANTS
Client agrees that any hazardous materials, including asbestos,present at the work site prior to and during the
performance of this Agreement were not generated, stored or disposed by GeoPacific. The exploration for and
assessment of hazardous materials by GeoPacific are done on behalf of the Client. To the fullest extent permitted by
law,the Client shall defend,indemnify and hold harmless GeoPacfic, its owners,employees,subcontractors and agents,
from any and all liability, loss,costs, damage or expenses(including attorneys'fees and costs upon mediation,trial,
arbitration and appeal)arising out of or in connection with(1)any-pollution-related claims or damages at the site,and
(2)the performance of any professional services of GeoPacific Engineering, Inc.that result in alleged exacerbation of
existing environmental pollution or contamination,or result in any newly caused or created pollution or contamination.
This indemnification will not apply to claims, damages, losses or expenses to the extent they are a result of negligent
acts by GeoPacific Engineering, Inc_under this Agreement or to the extent new pollutants are introduced solely by
GeoPacific.
REPORTING OF HAZARDOUS SUBSTANCE RELEASES
The Client is responsible for reporting releases of hazardous substances when such reports are required by government
agencies. The Client agrees to defend,indemnify and hold GeoPacific harmless for any claims due to Client's failure to
comply with hazardous substance release reporting requirements.
JOB SITE CONDUCT AND SAFETY
GeoPacific Engineering, Inc.will be responsible for its professional activities on the job site. This will not relieve the
Client,Owner,or construction contractors of their obligation to maintain a safe job site. Neither GeoPacific Engineering,
Inc.'s professional activities nor the presence of its employees or subcontractors shall be construed to imply
responsibility for job site safety.
SAMPLE RETENTION AND DISPOSAL
Non hazardous samples will be discarded 30 days after they are obtained unless prior arrangements are made to store
or deliver the samples. Samples containing hazardous materials that are regulated under federal,state,or local
environmental laws will be returned to the site.
_General Conditions Standard 1 GEOPACIFIC ENGINEERING,INC.
INSTRUMENTS OF SERVICE
Reports,field data, laboratory data, analyses,calculations,estimates,designs and other documents prepared by
GeoPacific as instruments of service shall remain the property of GeoPacific. GeoPacific will retain pertinent records
relating to the services performed for a period of ten years following submission of the report. Copies of the instruments
of service will be made available to the Client on request at a reasonable fee. Reuse of any instruments of service by
the Client on extensions of this project or on other projects without GeoPacific's written permissions will be at the
Client's risk. Client agrees to defend, indemnify and hold harmless GeoPacific from claims,damages and expenses
arising out of such reuse.
BILLING AND PAYMENT
Billing for services will be submitted monthly. Payment is due on receipt of the invoice unless otherwise agreed in
writing. A service charge of one and one-half percent(1.5%)per month will be added to unpaid accounts due over 30
days. Expenses incurred in preparation and/or foreclosure of any lien or collecting delinquent amounts including,but
not limited to GeoPacific's staff time and attorneys'fees and costs at arbitration,trial and appeal. If invoices are
overdue by 30 days or more,GeoPacific reserves the right to temporarily halt services and/or hold work products.
GeoPacific will not be responsible for delays or damages resulting from cessation of services or withholding of work
products, in cases where invoices are overdue.
TERMINATION OF SERVICES
This Agreement may be terminated by either party upon at least seven(7)days written notice in the event of substantial
failure by the other party to perform in accordance with the terms and conditions through no fault of the terminating
party. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period
specified in the written notice. In the event that the Client requests early termination of our services,GeoPacific
reserves the right to complete such analyses and records as are necessary to place its files in order and complete a
report on the services performed to date. Charges for these termination activities shall be in addition to all charges
incurred up to the date of termination.
INSURANCE
GeoPacific maintains Workers'Compensation Insurance as required by state and federal laws. GeoPacific also
maintains comprehensive general,auto,and professional liability insurance. Certificates are available upon request.
CONSEQUENTIAL DAMAGES
GeoPacific shall not be liable for consequential damages, including loss of use or loss of profits,or indirect damages,
regardless of whether such claim is based upon alleged breach of contract,willful misconduct,strict liability,breach of
warranty or negligent act,error or omission,whether professional or nonprofessional.
DISPUTES
Any dispute,controversy or claim arising out of or relating to this Agreement shall be mediated. Oregon law shall apply
and jurisdiction for this disputes shall be in the courts of Oregon.
ASSIGNS
Neither the Client nor GeoPacific may delegate,assign, sublet or transfer the duties,interests or responsibilities set forth
in this Agreement without the written consent of the other party.
SEVERABILITY
The Client and GeoPacific have entered into this Agreement of their own free will,to communicate to one another
mutual understandings and responsibilities. Any element of the Agreement later held to violate a law or regulation shall
be deemed void,and remaining provisions shall continue in force. Client and GeoPacific shall in good faith attempt to
replace any invalid or unenforceable provision with one that is valid and enforceable,and which comes as close as
possible to expressing the intent of the original provision.
THIRD PARTY BENEFICIARIES
There are no third party beneficiaries. GeoPacific's services are provided solely for the Client.
NO FIDUCIARY DUTY
There is no fiduciary responsibility from GeoPacific to the Client.
LIMIT OF LIABILITY
General Liability: In the performance of this Agreement and subject to the limits,terms and conditions of property
damage and public liability coverage,GeoPacific agrees to indemnify and hold Client harmless from GeoPacific's
proportional share of liability resulting from its negligence and any breech of contract compared to that of other persons
or entities which results in damage to the Client. GeoPacific shall not be responsible for any loss,damage, or
liability beyond GeoPacific's available insurance proceeds. GeoPacific shall not be responsible for Client's
negligence nor the negligence of third parties.
Professional Liability. Inconsideration of relative opportunities for financial reward from this project for the parties
to this Agreement,Client agrees that the maximum aggregate amount of its recovery from GeoPacific or its employees
due to any and all claims of professional negligence and breach of contract arising out of GeoPacific's performance
under this Contract shall be limited to$50,000 or the amount of GeoPacific's fees for the services
provided under this Agreement,whichever is more, unless a higher limit with commensurate compensation is
specifically negotiated.
General Conditions Standard 2 GEOPACIFIC ENGINEERING,INC.
�Pff it
STANDARD SCHEDULE OF CHARGES—2013
PERSONNEL HOURLY RATE
Principal Engineer $ 140
Senior Geologist 95
Environmental Scientist 80
Staff Geologist/Engineer 75
Senior Technician 65
Technician 59
Administrative Assistant 60
Support Staff 50
Hours worked in excess of 8 per day, in excess of 40 hours per week, or that are worked on a Saturday, Sunday
or national holidays will be billed at 140% of the regular rates when these overtime hours are requested by the
Client or are reasonably necessary to meet job schedules. Expert witness, deposition, or trial services provided
at two times the standard hourly rate,with 4-hour minimum. Time spent in either local or inter-city travel, when in
the interest of this contract,will be charged in accordance with the foregoing schedule.
EQUIPMENT AND OUTSIDE SERVICES RATE
Automotive Mileage $0.60/mile
Nuclear Density Gauge Included in Technician Hourly Rate
Slope Inclinometer(per day) 150
Asphalt/Concrete Coring Machine(per day) 150
Per Diem Expense(per day) 100
Outside Laboratory Services Cost+ 10%
Drilling, Excavator and Other Outside Services Cost+ 10%
LABORATORY TESTING RATE(PER TEST)
Moisture Content(ASTM D2216) $ 15
Moisture Content/Dry Density(ASTM D2216) 35
Grain Size Distribution(ASTM D1140, D422) 135
No. 200 Wash Sieve Only(ASTM D1140, D422) 50
Combined Sieve and Hydrometer(ASTM D1140, D422) 180
Atterberg Limits(ASTM D4318) 110
Organic Content(ASTM D2974) 60
Moisture-Density Relationship(Proctor;ASTM D1557, D698) 200
California Bearing Ratio(CBR;ASTM D1883) 200 one-point method
California Bearing Ratio(CBR; ASTM D1883) 350 three-point method
Sand Equivalent(ASTM D2419) 85
Unconfined Compression(ASTM D2166) 110
Rice Density of Asphalt Concrete(ASTM D2041) 100
Asphalt Extraction/Gradation 240
Concrete Compressive Strength(ASTM C39, C1231) 20
Sample Preparation Hourly
Schedule of Charges 2012 Rates subject to change without notice