Geopacific Engineering, Inc ~ C200027 CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM
(THTS FORM MUST ACCOMPANY EVERY CONTRACT)
Contract Title: Frewing Street Stormline Replacement Number:
Contractor: GeoPacific Engineering,Inc. Contract Total: $3,000
Contract Overview Conduct field explorations and provide an engineering analysis of subsurface
conditions encountered,including fill placement recommendations,soil bearing
capacity.and settlement for structures tnclucnng storm culvert headwalls,
InitialRisk Level: ❑'Extreme ❑ High Moderate Q Low
Risk Reduction Steps: Contract requires professional ltabiltty insurance
Risk Comments:
Rusk Signature:
Contract Manager:Jeff Peck Ext: 2466 Department: PW Engineering
Type:'❑ Personal Svc ® Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc
Engineering Svc ❑ Other: Start Date: 9/18/19 End Date: ,12/01/20
Quotes/Bids/Proposal; FIRM AMOUNT/SCORE
GeoPacific,Inc. (Direct AprT inti 53,,000.00
Account String. Fund-Divisagn gMtt Work Order—Activity I=e Amount
FY 20 510-8000-56005 94041-130 $3,000.00
FY
FY
FY
FY
Approvals LCRB Date:n/a
Department Comments:
Department Signature: 42
"/�M� F
Purchasing Comments: 1
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
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICEs AGREEMENT
FREWING STREET STORMLINE REPLACEMENT—
THIS AGREEMENT, made and entered into this 29' day of August, 2019, by and between the
City of Tigard, a municipal corporation, hereinafter referred to as the "City," and GeoPacific
Engineering,Inc., hereinafter referred to as the "Contractor."
RECITALS
WHEREAS, the City's Fiscal Year 2020 budget provides for geotechnical services for the Frewing
Street storinline replacement project; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the program of the City;and
WHEREAS,the City desires to engage the Contractor to render professional engineering services for
the project described in this Agreement, and the Contractor 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. Scope of Services
Contractor will perform professional engineering services in accordance with the terms and
conditions set forth herein, and as provided in Exhibit A, which is attached hereto and by this
reference made a part of this Agreement.
2. Effective Date and Duration
This Agreement is effective upon the date of execution and expires on December 1,2020 unless
otherwise terminated or extended. All work under this Agreement must be completed prior to
the expiration of this Agreement.
3. Compensation
A. The maximum that Contractor may be paid on this Agreement is Three Thousand and
No/100 Dollars($3,000.00) (hereafter the"not to exceed"amount.). The"not to exceed"
amount includes all payments to be made pursuant to this Agreement, including
reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for
work that does not meet the standard of care that would ordinarily be used by similar
professionals in this community in similar circumstances or other requirements of the
Agreement. The actual amount to be paid to Contractor may be less than the "not to
exceed" amount.
B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement
as provided below. The City will pay Contractor based on these invoices for acceptable
work performed and approved until the "not to exceed" amount is reached. Thereafter,
Contractor must complete work based on the Agreement without additional
compensation unless there is a change to the scope of work.
C. Any estimate of the hours necessary to perform the work is not binding on the City.
Contractor remains responsible if the estimate proves to be incorrect, Exceeding the
number of estimated hours of work does not impose any liability on the City for additional
payment.
D. Payment will be made upon receipt of billings based on the work completed. Contractor
will submit billings to City periodically, but not more frequently than monthly. Payment
by the City releases the City from any further obligation for payment to Contractor for
service or services performed or expenses incurred as of the date of the statement of
services. Payment will be made only for work actually completed as of the date of invoice.
Payment Will not be considered acceptance or approval of any work or waiver of any
defects therein.
E. Contractor must furnish certified cost records for all billings to substantiate all charges.
Contractor's accounts are subject to audit by the City. Contractor will submit billings in a
form satisfactory to the City. At a minimum,each billing will identify the task order under
which such work is performed,work completed during the billing period, percentage of
work completed to date, and percentage of budget used to date for each task. Billings
must also include Contractor's employer identification number or social security number,
as the City deems applicable.
F. General Terms:
1) Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the work provided for in this Agreement.
2) Contractor may not permit any hen or claim to be filed or prosecuted against the City
on any account of any labor or material furnished.
3) Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
4) Contractor will pay all contributions or amounts due the Industrial Accident Fund
from the contractor or any subcontractor.
5) 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 does not relieve Contractor or their surety from obligation with
respect to any unpaid claims,
6) Contractor will 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
Contractor, of all sums that Contractor agrees to pay for the services and all moneys
and sums that Contractor collectcd or deducted from the Wages of employees pursuant
to any law,contract,or agreement for the purpose of providing or paying for services.
7) 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.
8) Contractor must obtain, prior to the execution of any performance under this
Agreement, a City of Tigard Business License. The Tigard Business License is based
2020 PSA—Freving Stonnhnc Geotech 2
on a calendar year with a December 31st expiration date. New businesses operating
in Tigard afterjune 30th of the current year will pay a pro-rated fee though the end of
the calendar year.
9) The City certifies that sufficient funds are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard's City Council.
4. Ownershin of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service, are the property of Contractor; however, the City may request, at
no additional cost,one set of previously approved reproducible drawings,as well as storage
device such as thumb drive or SD card in "DWG" or "DXF" format, of the original
drawings of the work. The City has unlimited authority to use the materials received from
Contractor in any way the City deems necessary,
B. The City may make copies,for the use of and without cost to Contractor,of all of its maps,
records, laboratory tests, or other data pertinent to the work to be performed by the
Contractor 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 Contractor will furnish to the City, copies of all snaps, 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 Contractor at no additional expense to the City, except as provided
elsewhere in this Agreement.
5.
Neither party may assign,sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment has any force or effect unless and until the
other party has consented. If City agrees to assignment of tasks to a subcontract,Contractor is
fully responsible for the acts or omissions of any subcontractors and of all persons employed by
them. Neither the approval by City of any subcontractor nor anything contained herein creates
any contractual relation between the subcontractor and City. The provisions of this Agreement
are binding upon and will inure to the benefit of the parties to the Agreement and their respective
successors and assigns.
6. Status of Contractor as Indetaendent Contractar
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is 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 is 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
2020 PSA—Fre\xing Storn-i1ine Gcotech 3 1 1 „ , �
required to make (to Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30,265.
7. Conflict of Interest
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.
8. Indemnification
A. City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that an of 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 will not operate as a waiver or release. Acceptance
of documents by City does not relieve Contractor of any responsibility for design
deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Contractor agrees to indemnify,defend,save,
and hold harmless the City of Tigard, its officers, employees, agents, and representatives
from all claims,suits,or actions and all expenses incidental to the investigation and defense
thereof, of whatsoever nature, including intentional acts resulting from or arising out of
the activities of Contractor or its subcontractors, sub-consultants,agents or employees in
performance of this contract at both trial and appeal level,whether or not a trial or appeal
ever takes place including any hearing before federal or state administrative agencies. If
any aspect of this indemnity is found to be illegal or invalid for any reason whatsoever,
such illegality or invalidity does not affect the validity of the remainder of this
indemnification.
C. Claims for Professional Liability. Contractor agrees to indemnify, defend, save, and hold
harmless the City of Tigard, its officers, employees, agents, and representatives from all
claims,suits,or actions and all expenses incidental to the investigation and defense thereof,
arising out of the professional negligent acts, errors or omissions of Contractor or its
subcontractors, sub-consultants, agents or employees in performance of professional
services under this agreement. Any work by Contractor that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities will be considered
a professionally negligent act,error,or omission.
D. As used in subsections B and C of this section, a claim for professional liability is a claim
made against the City in which the City's alleged liability results directly or indirecdy, in
whole or in part, from the quality of the professional services provided by Contractor,
2020 PSA—Frewing Stottriline Geotech 4 1 P a , ,
regardless of the type of claim made against the City in performance of this Agreement.
A claim for other than professional liability is a claim made against the City in which the
City's alleged liability results from an act or omission by Contractor unrelated to the quality
of professional services provided by Contractor in performance of this Agreement.
9. Insurance
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
.subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Commercial eneral�Liabifi�Jn Insurance
Contractor will 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 (C(3 2010 1185 or equivalent). This coverage must
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
CoveraLre 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
B. Professional Liability
Contractor must obtain, at Contractor's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by any actual or
alleged negligent act, error,or omission in the rendering of or failure to render Professional
Services. Combined single limit per claim may not be less than$2,000,000,or the equivalent.
Annual aggregate limit may not be less than$3,000,000 and filed on a"clairns-made" form.
C. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's expense, and keep in effect during the term
of the contract, Commercial Automobile Lability coverage including coverage for all
owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single
Limit per occurrence may not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor will obtain, at Contractor's expense, and keep in effect during the term of the
contract,business automobile liability coverage for all owned vehicles on an"occurrence"
form. The Combined Single Limit per occurrence may not be less than $2,000,000.
2020 PSA—Frewing Stone Geotech 5 1 11
D. 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 must 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 must
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
E. Additional Insured Provision
All required insurance policies, other than Workers' Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
F. Extended Reporting Coveraee
If any of the required 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, if less than 24 months, the maximum time-period Contractor's insurer will
provide, Contractor 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
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
H. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
evidence of such self-insurance. Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract,Contractor will furnish a
Certificate of Insurance to the("try. No contract is effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
2020 PSA—Frewing Stormline Geotech 6 1 !' :i �� �
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
J. Primga CoverWe Clarification
The parties agree that Contractor's coverage is primary to the extent permitted by law.
The parties farther agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
VL Crass-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
Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance
will be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company, may be required to be
forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance will not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance,Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. Method & Place of Submitting Notice,Bills.and Payments
All notices,bills and payments will 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 will be used to transmit notices, bills,payments,and other information:
Attn: _Jeff Peck,Project Manager Attn: James D.Imbrie,G.E.
Address: 13125 SW Hall Blvd Address: 14835 SW 72nd Avenue
Tigard,OR 97223 Portland,OR 97224
Phone: (503) 718-2466 Phone: (502) 598-8445
Email: i(,,--ff
12(24igard-or.gov Email:
Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when
so faxed,upon successful fax. In all other instances,notices,bills and payments will 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
2020 PSA—Frewing Stormline Geotech 7 1 1' ;) g e
to this paragraph.
11. Survival
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
12. Merge
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 will be effective unless and until it is made in
writing and signed by both parties.
13. Termination Without Cause
At any time and without cause, City has the right in its sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph, City will pay Contractor for services rendered to the date of termination.
14. Tertnination for 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,of if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph (A)will 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,or
2) If Contractor fails to perform any of the other provisions of this Agreement, or fads
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.
2020 PSA—Frewing Stom-dine Gcotech 8 1 1)
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor arc not 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 will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages,if any, sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. Access to Records
City will 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.
16. Hazardous Materials
Contractor will comply with all federal Occupational Safety and Health Administration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSI]A and Oregon OSI IA I lazard Communication Rules, if any goods or services provided
under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical
under normal conditions of use(for example,employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheet, the identity of the chemical/s, how Contractor
will inform employees about any precautions necessary,an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
17. Force Majeure
Neither City nor Contractor will 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 will 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 will not be the basis for a claim for
additional compensation. Each party will,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
18. Mon-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.
2020 PSA—Frewing Storrnlinc Geotech 9
19. Hours_Q[j&h9LjPAy Equity
In accordance with ORS 27913,235, the following arc hereby incorporated in full by this
reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week,except as provided by law. For contracts for personal services,as
defined in ORS 279A.055,Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
employees who are excluded under ORS 653.010 to 653-261 or under 29 U.S.C. 201 to
209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract,either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the
employee's rate of wage, salary,benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee's
rate of wage, salary, benefits or other compensation with another employee or another
person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and'failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause,
20. Non-Discrimination
—
Contractor will comply with all federal,state,and local laws,codes,regulations,and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VT of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973-1
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub 1,No 101- 336);and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
21. Errors
Contractor will 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.
2020 PSA—Frewing Stormline Geotech 10 1 1) ;1 �, (
22. Extra World Changes
Only the City's Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
23. Warranties
Contractor will guarantee work 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 are the best available unless otherwise specified in the profession. Neither
acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property nights delivered to the City under this Agreement and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement,will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims,
mortgages, security interests,liabilities,charges, and encumbrances of any kind.
24. Attorney's Fees
In the event an action, suit of proceeding, including appeal, is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party's own attorney
fee-,, expenses, costs and disbursements for the action, suit,proceeding, or appeal.
25. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S. District Court for Oregon,Portland.
26. Comnliance with State and Federal Laws/Rules
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
27. CQnffict Between Terms
In the event of 2 conflict between the terms of this Agreement and Contractor's proposal,this
Agreement will control. In the event of conflict between a provision in the main body of the
Agreement and a provision in the Exhibits,the provision in the main body of the Agreement will
control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will
control.
28. Audit
Contractor will 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 ("try, 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.
2020 PSA—Frewing Stormline Gcotech
29. 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 will
not be impaired unless the illegal or unenforceable provision affects a significant right or
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and,if negotiations fail,may terminate the Agreement.
30. CompfiiMcc with Tax Laws
Contractor represents and warrants that Contractor is, to the best of the undersigned's
knowledge,not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316,317,and 318. Contractor's failure to comply with the tax laws of this
state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
IN WITNESS WHEREOF,City and Contractor have caused this Agreement to be executed by their
duly authorized officials.
CITY OF TIGARD GeoPacific Engineedna.Inc.
Bv:,f By:
Name: 60 ri 1 , Name: Tana Bircher
Title: Lt 4-1 e,Alde ek-e Title: Director of Operations
Date: 1 Date: 8/29/19
2020 PSA—Frewing Stormline Geotech 12 P ;i u
EXHIBIT A
SCOPE OFSERVICES
Contractor agrees to provide professional services as described below:
0 Field exploration (hand auger soil borings at west and east culvert ends)
• Laboratory Testing (analyze samples for particle size, plasticity,in-situ moisture content,
field descriptions)
• Provide engineering analysis and Report(including but not limited to subsurface conditions
encountered in explorations, fill placement recommendations,soil bearing capacity, static
and differential settlement for structures)
2020 PSA—Frewing Stom-iline Geotech 13 1 1' a
EXHIBIT B
CONTRACTOR'S PROPP$AL
Schedule of Rates:
2020 PSA—Frewing Stormline Gcotech 14 J' ,
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Real-World Geotechnical Solutions
August 5, 2019 Investigation-Design.Construction Support
Proposal No. P-7028
City of Tigard
Jeff Peck
13125 SW Hall Boulevard
Tigard, Oregon 97223
Email:jeffp@tigard-or.gov
SUBJECT: PROPOSAL FOR GEOTECHNICAL INVESTIGATION
FREWING STREET CULVERT INSTALLATION
PORTLAND, OREGON 97223
In accordance with your request, GeoPacific Engineering, Inc. (GeoPacific) is pleased to present
this proposal for geotechnical engineering services for proposed culverts and headwalls located in
Portland, Oregon. We understand the scope of work consists of a geotechnical study to support
construction of the new culvert.
SITE AND PROJECT DESCRIPTION
The subject site is located at approximately 9900 SW Frewing Street in Portland, Oregon. The
proposed improvement consists of the construction of three 24-inch culverts and two headwalls on
the southwestern and northeastern end of the culverts.
SCOPE OF WORK
The main purpose of our investigation will be to conduct an evaluation of the subsurface conditions
at the site, conduct a review of available geologic literature, and provide geotechnical
recommendations for the proposed construction. Specific tasks that we will perform include field
exploration, field and laboratory testing, and report preparation.
Field Exploration:
We anticipate one day of field testing and exploration onsite. An experienced engineer will log and
sample two to three hand auger soil borings using hand equipment on the western and eastern
ends of SW Frewing Street at the approximate locations of each culvert end. While we will be
careful to limit the amount of disturbance caused by the subsurface investigation program, some
disturbance is unavoidable. At the completion of the soil boring explorations, we will backfill the
holes with loose onsite soil. This proposal does not include any costs associated with regrading or
revegetating the site following our subsurface explorations.
We will contact the public underground alert service for location of utilities within or near the public
rights-of-way. GeoPacific will not be responsible for damage caused by underground utilities not
located, or incorrectly located, by others in the field.
Laboratory and Field Testing: Selected samples may be analyzed for particle size, plasticity, in-
situ moisture content, and examined in the lab to refine field descriptions.
14835 SW 72nd Avenue Tel(503)598-8445
Portland,Oregon 97224 Fax(503)941-9281
Frewing Street Culvert Installation, Portland, Oregon
Proposal No. P-7028, Proposal for Geotechnical Services
Engineering Analysis and Report: All field, laboratory and office data will be compiled into a
geotechnical report presenting our conclusions and recommendations regarding the following
issues:
• Regional geology and site seismicity
s Observed surface geologic conditions
• Subsurface conditions encountered in explorations
• Soil index properties
• Seepage and depth to groundwater
• Thickness of organic, fill, or compressible soils and potential impacts on the proposed
development
Engineered fill placement recommendations
a Wet weather earthwork recommendations
® Anticipated foundation types and soil bearing capacity
a Estimated total static and differential settlement for structures
* Lateral earth pressures
Electronic copies of our report will be submitted, unless otherwise requested.
SCHEDULE AND COST
We are prepared to undertake the described scope of work on a lump sum basis in accordance
with the terms and conditions of the attached General Conditions for Geotechnical Services. Our
lump sum fee for the proposed geotechnical study is $3,000 based on the following itemized cost
breakdown:
Work Task Amount
Field Exploration (GeoPacific) $1,000
Lab Testing $800
Analysis and Report Preparation $1,200
Total: $3,000
Generally, the timetable for a study of this type is two weeks for field exploration, and two to three
weeks for analysis and report preparation. Post-report services can be provided at your request,
on a time and expense basis in accordance with the terms and conditions in the attached Standard
Fee Schedule.
Geotechnical Construction Inspections: GeoPacific can provide geotechnical inspections
during development and construction of the project. We anticipate that geotechnical inspections
may be required for foundation subgrade preparation, engineered fill placement, and culvert
installations. At this time site planning is preliminary. Following completion of site planning and
selection of a site contractor, GeoPacific will review project requirements and update the scope of
services according to project specifications, and anticipated construction sequencing.
We are prepared to provide geotechnical construction inspections on a time and expense basis in
accordance with the terms and conditions in the attached Standard Fee Schedule. At this time, our
estimated fee for each site visit is $400 based on the following personnel hourly rates presented in
the attached Standard Fee Schedule.
P7028-Frewing Street Culvert Replacement GRPT 2 GEOPACIFIC ENGINEERING, INC.
Frewing Street Culvert Installation, Portland, Oregon
Proposal No. P-7028, Proposal for Geotechnical Services
ACCEPTANCE OF PROPOSAL
Upon acceptance of this proposal, please sign below and return a copy to our office at your earliest
convenience. Please note the Limit of Liability section on Page 2 of the General Conditions. If you
agree with this limit, please sign below. Otherwise, please call to discuss this concept or any other
aspect of our planned scope of work.
Sincerely,
GEOPACIMC ENGINEERING,INC. Proposal Accepted By.-
Jars
y:
s
Ja s D. Imbrie, .E. Client or Authorized Agent Date
P ncipal Geotechnical Engineer
Please Print
Attachments: General Conditions for Geotechnical Services
Standard Schedule of Charges
P7028-Frewing Street Culvert Replacement GRPT 3 GEOPACIFIC ENGINEERING,INC.
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| GEOPACUFVCENGINEERING,INC.
GENERAL CONDITIONS FOR GEOTECHNICAL SERVICES
August 5,2019
GeoPacific Engineering, Inc. (GeoPacific),an Oregon Corporation,and Client agree that the following general conditions shall apply to
the services provided byGeoPoo|fio
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STANDARD OF CARE
GeuPocifioEngineering, Inc.will perform its professional services|naccordance with that degree ufcare and skill ordinarily exercised
by similarly qualified geoscience professionals currently practicing in this area under similar conditions, Nowarranties orother
representations are expressed o,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-GeuPaoifio. 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
GmoPocific The Client also must advise GeoPacific of the location and nature of any known or suspected hazardous materials that
may exist oothe property.
SITE ACCESS/RIGHT OF ENTRY
The Client must advise GeoPac, prior to commencement of our services of any special requirements for entry,work permits,security
clearances,licenses,orany other required permissions, If the property is not owned by the Client,the Client shall obtain permission for
right-of entry for the purpose ofperforming our services.
SURFACE AND SUBSURFACE DISTURBANCE
GeoPaci8nEngineering, 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 inthe scope ofservices and budget for work.
UNANTICIPATED CONDITIONS ORHAZARDOUS MATERIALS
Subsurface conditions may vary from those encountered at the locations where surveys urexplorations are made by8eoPocific.
Because the data,interpretations and recommendations vf GeoPooifinEngineering, Inc,are based solely onthe 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 nfthe scope ufservices and budget urtermination o,services. The discovery pfunanticipated hazardous materials also
may make it necessary for GeoPacific to take immediate measures to address health and safety. GeuPuci8cEngineering,Inc.shall
notify Client as soon as practically possible should hazardous materials be encountered. Client agrees hucompensate Gevpaoificfor
the additional cost ofservices necessary ioprotect the health and safety pfthe public and GenPuoificEngineering, )nc.'employees.
INDEMNIFICATION FOR HAZARDOUS MATERIALS AND RELEASE oFPOLLUTANTS
Client agrees that any hazardous materials, including asbestos, present et the work site prior tuand during the performance ofthis
Agreement were not generated,stored ordisposed byGeoPaoific. The exploration foronUanoeuomentnfhozardousmateha|auy
GuoPwcifinare done nnbehalf ofthe 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 urdamages ot 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 aresult ofnegligent
acts by GeoPacific Engineering, Inc. under this Agreement or to the extent new pollutants are introduced solely by8eoPaoi8n,
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
GeuPocihnEngineering, Inc,will be responsible for its professional activities on the job site. This will not relieve the Client,Owner,or
construction contractors nftheir obligation\omaintain esafe job site. Neither GeoPuc|ficEngineering, |no.'mprofessional 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 matedals that are regulated under federal,state,or local environmental laws will hareturned
mthe site,
INSTRUMENTS OF SERVICE
Reports,field data, laboratory data,analyses,calculations,estimates,designs and other documents preparedbyGenPacifioax
instruments ofservice shall remain the property ofGeoPeuifio. GooPacifiowill retain pertinent records relating tothe services
performed for operiod nften years following submission m/the report. Copies ofthe instruments nfservice will bemade available 10
the Client unrequest atoreasonable fee, Reuse of any instruments of service by the Client on extensions of this project or on other
—General Conditions Standard 1 8eoPAc|r/oENGINEERING,INC.
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projects without Georocmuwwritten permissions will b*outhe Client's risk. Client agrees|ndefend, indemnify and hold harmless
Geopaumcfrom claims,damages and expenses arising out ofsuch reuse.
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BILLING AND PAYMENT
Billing for services will bosubmitted monthly, Payment|sdue onreceipt ofthe invoice unless otherwise agreed inwriting. Amemkce
charge of one and one-half percent(1.5%)per month will be added to unpaid accounts due over 3Udays. Expenses incurred in
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preparation and/or foreclosure of any lien or collecting delinquent amounts including,but not limited to GeoPacific's staff time and
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attorneys'fees and costs utarbitration,trial and appeal. |finvoices are overdue by3Odays ormore,GaoPociDcreserves the right N
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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. |nthe event that
the Client requests early termination of our services,GeoPacific reserves the right to complete such analyses and records as are
necessary Voplace its files inorder and complete oreport unthe services performed tndate. Charges for these termination activities
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shall beinaddition tnall charges incurred upmthe date nftermination.
INSURANCE
GeoRacific maintains Workers'Compensation Insurance as required by state and federal laws. GeuPucifiualso maintains
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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 nf
whether such claim is based upon alleged breach of contract,willful misconduct,strict liability, breach of warranty or negligent act,error
oromission,whether professional ornonprofessional.
DISPUTES
Any dispute,controversy orclaim arising t of or relating 0othis Agreement shall bemediated. Oregon law shall apply and jurisdiction
for this disputes shall beinthe courts ufOregon.
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 ofthe 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|nforce, 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 nothird party beneficiaries. GaoPucific'uservices are provided solely for the Client.
NO FIDUCIARY DUTY
There ionofiduciary responsibility from GooPeci8ohothe Client.
LIMIT OF LIABILITY
General Lin the performance of this Agreement and subject to the limits,terms and conditions of property damage and
public liability coverage,GeuPoui8uagrees 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. Genpaoi0ushall not bwresponsible for any loss,damage,mrliability beyond GemPmc)fic`savailable
insurance proceeds.GeoPacific shall not be responsible for Client's negligence nor the negligence of third parties.
Professional L&*bifflyr In consideration 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 orthe amount wfGmmPacifio'wfees for the services provided under this Agreement,whichever is more,
unless a higher limit with commensurate compensation is specifically negotiated.
-General Conditions Standard 2 Geo9AomoEwa/wesn|wG.INC.
STANDARD SCHEDULE OF CHARGES- 2019
PERSONNEL HOURLY RATE
Principal Engineer $ 165
Senior Engineer 135
Senior Geologist 125
Environmental Scientist or Technical Staff 105
Supervisory Technician 95
Senior Technician 85
Technician or Administrative Assistant 75
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) 200
Per Diem Expense(per day) Cost
Outside Laboratory Services Cost+ 10%
Drilling, Excavator&Other Outside Services Cost+ 10%
LABORATORY TESTING RATE(PER TEST)
Moisture Content(ASTM D2216) $20
Moisture Content/Dry Density(ASTM D2216) 40
Grain Size Distribution with No. 200 Wash(ASTM D1140, D422) 140
No. 200 Wash Sieve Only(ASTM D1140, D422) 70
Combined Sieve and Hydrometer(ASTM D1140, D422) 210
Atterberg Limits(ASTM D4318) 140
Organic Content(ASTM D2974) 70
Moisture-Density Relationship(Proctor;ASTM D1557, D698) 210
Moisture-Density Relationship with Rock Correction 245
California Bearing Ratio(CBR;ASTM D1883) 700 three-point method
Sand Equivalent(ASTM D2419) 140
Oversize Sieve Only(ASTM D698) 70
Rice Density of Asphalt Concrete(ASTM D2041) 120
Concrete Compressive Strength(ASTM C39,C1231) 35
Concrete Flexural Strength-Beams(ASTM C293) 45
Consolidation Test(ASTM D2435) Hourly
Direct Shear Test(ASTM D3080) 500
pH of Soils(ASTM D4972-13) 40
Specific Gravity(ASTM D854) 140
Expansion Index(ASTM D4829) 400
Schedule of Charges 2019 Rates subject to change without notice