HomeMy WebLinkAboutItem 15 Professional Services Contract for On-Call Engineering Assistance with Various Public Works Activities: Kpff Consulting Engineers. P41009
AGENDA ITEM SUMMARY Meeting Date: July 7, 2008
Meeting Type: Regular Session
Department: Public Works
Staff Contact: Ken V ogeney V~
S P R I N G FIE L D Staff Phone No: 736-1026
C I T Y C 0 U N C I L Estimated Time: Consent Calendar
ITEM TITLE: PROFESSIONAL SERVICES CONTRACT FOR ON-CALL ENGINEERING
ASSISTANCE WITH VARIOUS PUBLIC WORKS ACTIVITIES: KPFF
CONSULTING ENGINEERS. P41009
ACTION
REQUESTED:
Approve or disapprove the following motion: AUTHORIZE THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH KPFF CONSULTING
ENGINEERS IN THE AMOUNT OF NOT TO EXCEED $60,000.00; THIS
CONTRACT EXPIRES ON JUNE 30, 2009.
ISSUE
STATEMENT:
The City of Springfield, Public Works Department has determined a need for
contract Engineering Services to supplement staff work for processing work items
such as Land Use Applications, Public Improvement Plan review, Capital Project
design, Land Surveying, Transportatio~ Review and/or Design and other
engineering-related functions of the Public Works Department.
ATTACHMENTS:
Contract with Kpff Consulting Engineers
DISCUSSION/
FINANCIAL
IMPACT:
The City of Springfield continues to experience high volumes of development
applications, Capital Projects, and other work load within the Public Works
Department. The Department has, upon occasion, experienced periods where there
has been a shortage of staff to meet the timelines of the various reviews and
projects. On these occasions, the result is a backlog of work which continues to
grow despite hard work and significant time expended by the current staff. This
increased workload may affect the turn around time of development applications
and the ability to completely meet the customer service goals of the Department.
The proposed contract for Engineering Services will provide for the ability of the
City Engineer to determine the need for additional resources and enter into a
specific "work order" contract with Kpff Consulting Engineers for work that can
reasonably be outsourced, as needed, allowing staff to catch up on the backlog.
The Public Works Department has recently filled a number of open positions, but is
continuously experiencing vacancies due to staff leaving for other positions inside
and outside of the City of Springfield or retirement. Staff will continue to work
toward filling any such vacancies and training new staff.
Kpff Consulting Engineers has been selected to perform these services based on
previous past performance in similar circumstances and contracts with the City of
Springfield. They have performed services for Public Works Engineering Division
in the recent past, and are in a position to limit conflicts of interest with other
clients and projects.
V:\development review\Contractual Review Services - 2008-2009WS - KpffConsulting Engineers 7-07-08.doc
~j. ,
, 1
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance)
Dated:
July 1, 2008
Parties:
City of Springfield
225 Fifth Street.
Springfield, Oregon 97477
("CITY")
And
Kpff Consulting Engineers
P41009
("Independent Contractor")
Additional Independent Contractor Information:
A. Type of Entity:
B. Address:
C. Telephone:
D. Fax No:
E. SSN or Fed. I.D. No:
F. Professional License(s) No:
G. Oregon Agency Issuing License:
H. Foreign Contractor DVes r8l No
(Foreign means not domiciled in or registered to do business in Oregon) See Exhibit 8(11).
o Sole Proprietorship
o Partners 0 Limited Liability Company [8J Corporation
1201 Oak Street, Suite 100 Eugene, OR. 97401
(541) 684-4902
(541) 684-4909
91-0755897
56481PE
CITY Account Number(s) To Be Charged (Include Percentages):
..........................................................................................................-...-...................-.................................................................................................................-.-.--...........................................................
. '.
i Account Number ! Percentage I
[~~QI~~~~~~~~~IiQ:Q~~:::~::~~:::::::~:::~:::::::::.:~~:::::::::::::::~::::.~:::~::::~:::~:::::::.~:~~:~:~:[~..~~~~~:::::~::~:~.::::~~:~:...m:::~~:~~::~:~::]
L.~.t1...:..~.~~.~.~:.~..t1...9..~~..........mm...m............m.m.....m._............m__mm.....mm..._...................1..m~~~_...__..-....-...........................................J
i 617-62243-611008 i 33010 I
. "
....-...-.......................................-....-..-..................-.................................................................--...-..........................................---..............-.........................................................................--................
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule
described on Attachment 2 attached hereto and incorporated herein by this reference and in an
amount not to exceed $60.000.00.
2. Services to be Performed by Independent Contractor. Independent Contractor shall perform the
services described on Attachment 1.
3. Term. This Agreement is effective as of the date first set forth above and shall continue until
June 30.2009, unless earlier terminated in accordance with the provisions of this Agreement or by
mutual consent of the parties.
June/2008 Independent Contractor Agreement for Personal Services Type 3
Page 1 of 8
~,. ~
4. Independent Contractor Status. By its execution of this Agreement, Independent Contractor'
certifies its status as an "Independent Contractor" as that term is used under the laws of the State of
Oregon, and that all performance of any labor or services required to be performed by Independent
Contractor under the terms of this Agreement shall be performed in accordance with the standards set
forth in ORS 670.600, and as more specifically set forth on Exhibit "A" attached hereto and
incorporated nerein by this reference.
5. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor
shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited
to ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as more fully set forth on
Exhibits "A" and "B" attached hereto and incorporated herein by this reference.
6. Work Performed. The work to be performed by Independent Contractor includes services generally
performed by Independent Contractor in his/her/its usual line of business.
7. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and
local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not
limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold,
pay, or in any other manner be responsible for payment of any taxes on behalf of Independent
Contractor.
8. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by
CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing.
9. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to
perform the services required unless otherwise agreed in writing.
10. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts
on behalf of CITY, it's officers, agents and employees. This Agreement shall not create a partnership
or joint venture of any sort between the parties.
11. Federal Employment Status. In the event payment made pursuant to this Agreement is to be
charged against federal funds, Independent Contractor hereby certifies that it is not currently
employed by the Federal Government and the amount charged does not exceed Independent
Contractor's normal charge for the type of services provided
12. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities
for the work, and bear all losses and damages directly or indirectly resulting to the Independent
Contractor, the City, or to others on account of negligent performance of the work. The Independent
Contractor shall indemnify and save harmless the City, its officials, agents, and employees from all
claims, liability, loss, damage and injury resulting from the negligent performance of the Contract and
the ownership, maintenance or use of motor vehicles in connection therewith. The Independent
Contractor shall not be liable for, nor be required to defend or indemnify, the City relative to claims for
damage or damages resulting from acts or omissions of the City, its officials, agents or employees.
The absence of or inadequacy of the liability insurance required in section 13 below shall not negate
Independent Contractor's obligations in this paragraph.
13. Insurance.
13.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this
agreement a Commercial General Liability insurance policy written on an occurrence basis with
limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily
injury or property damage. The policy will contain a "per project" aggregate endorsement.
Automobile Liability (owned, non-owned and hired) insurance with limits not less than
$1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents'
will be named as an Additional Insured where operations are being conducted related to this
June/2008 Independent Contractor Agreement for Personal Services Type 3
Page 2 of 8
contract, on the General Liability policy as respects to work or services performed under this
agreement to the extent that the death or bodily injury to persons or damage to property arises
out of the fault of the Independent Contractor or the fault of the Independent Contractor's
agents, representatives or subcontractors. This insurance will be primary over any insurance
the City may carry on its own.
13.2. Professional Liability. Independent Contractor shall maintain in force during the duration of
this Agreement (and, if it is a claims made policy, for a year following completion of the project)
a professional liability policy, approved by the City's Risk Manager as to terms, conditions and
limits.
13.3. Asbestos Abatement. (Only applicable to Asbestos Contracts) The Commercial General Liability
policy shall be written on a form that meets the following criteria and must be ASBESTOS
SPECI FIC as follows:
a. A full occurrence form, or
b. A limited occurrence form with at least a three-year (3) tail, or
c. A claim made form with a three-year (3) tail.
13.4. Workers' Compensation. Independent Contractor shall provide and maintain workers'
compensation coverage for its employees, officers, agents, or partners, as required by applicable
workers' compensation laws. If Independent Contractor is exempt from coverage, a written
statement signed by Contractor so stating the reason for the exemption shall be provided to the
City.
13.5. Evidence of Coverage. Evidence of the required coverages issued by a company satisfactory
to the City shall be provided to the City by way of a certificate of insurance before any work or
services commence. A 3D-day notice of cancellation or material change in coverage clause
shall be included. It is the Independent Contractor's obligation to provide the 3D days notice if
not done so by the Independent Contractor's insurance company(s). Failure to maintain the
proper insurance shall be grounds for immediate termination of this contract.
13.6. Equipment and Material. The Independent Contractpr shall be responsible for any loss,
damage, or destruction of its own property, equipment, and materials used in conjunction with
the work.
13.7. Subcontractors. The Independent Contractor shall require all subcontractors to provide and
maintain general liability, auto liability, professional liability (as applicable), and workers'
compensation insurance with coverage's equivalent to those required of the general contractor in
this contract. The Independent Contractor shall require certificates of insurance from all
subcontractors as evidence of coverage.
13.8. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review
and approval from the City's Risk Manager.
13.9 Railroad Protective Liability Coverage. If work being performed under this agreement is
near railroad tracks or a railroad right of way and the Railroad requires special insurance (for
example: Railroad Protective Liability Coverage) Independent Contractor will be responsible for
meeting the Railroad insurance requirements before any work commences. Any insurance
required to be purchased by the Railroad is in addition to the insurance required by the City.
14. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or
in part, whenever for any reason CITY shall determine that such termination is in the best interest of
CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of
Termination specifying the extent to which performance of the work under the Agreement is
terminated and the date on which such termination is effective. Upon delivery to the Independent
Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY
shall, by agreement, make an appropriate written modification to this Agreement governing completion
of portions of the independent Contractor's work and payment therefore by CITY.
15. Rights In Data. All original written material, including programs, card decks, tapes, listings, and other
documentation originated and prepared for CITY pursuant to this Agreement, shall become
exclusively the property of CITY. The ideas, concepts, know-how, ortechniques developed during the
course of this Agreement by Independent Contractor personnel can by used by either party in any way
June/2008 Independent Contractor Agreement for Personal Services Type 3
Page 3 of 8
it may deem appropriate. Material already in Independent Contractor's possession, independently
developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by
Independent Contractor from third parties, shall belong Independent Contractor. This agreement shall
not preclude Independent Contractor from developing materials which are competitive, irrespective of
their similarity to materials which might be delivered to CITY pursuant to this Agreement. Independent
Contractor shall not, however, use any written materials developed under this Agreement in
developing materials for others, except as provided in this section.
16. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent,
employees, or contractors, may receive confidential information. Independent Contractor agrees to
use its best efforts to maintain the confidentiality of such information and to inform each agent and
employee performing services of the confidentiality obligation that pertains to such information.
17. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or
sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior
written approval of CITY. No such written approval shall relieve Independent Contractor of any
obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of
Independent Contractor. Independent Contractor shall remain liable as between the original parties to
this Agreement as if no such assignment had occurred.
18. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns.
19. Compliance With All Government Regulations. Independent Contractor shall comply with all
Federal, State and local laws, codes, regulations and ordinances applicable to the work performed
under this Agreement. Failure to comply with such requirements shall constitute a breach of contract
and shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Independent Contractor.
20. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any
provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may
adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.
21. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused
by}ire, riot, acts of God and/orwar which is beyond that party's reasonable control. CITY may
terminate this Agreement upon written notige after determining such delay or default will unreasonably
prevent successful performance of the Agreement.
22. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit
against CITY on account of any alleged patent or copyright infringement arising out of the
performance of this Agreement or out of the use of any material furnished or work or services
performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and
hold CITY harmless from any and all expenses, court costs, and attorney's fees in connection with
such claim or suit. .
23. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with
any law, the validity of the remaining terms and provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
24'. Access To Records. CITY and its duly authorized representatives shall have access to books,
documents, papers and records of Independent Contractor which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts and transcripts.
June/2008 Independent Contractor Agreement for Personal Services Type 3
Page 4 of 8
25. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any
other provision of this Agreement.
26. Amendments. The terms of this Agreement shall not be waived, 'altered, modified, supplemented or
amended in any manner whatsoever, without prior written approval of CITY, No modification of this
Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered
by a Court.
27. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal
and State civil rights and rehabilitation statutes, rules and regulations.
28. Dual Payment. Independent Contractor shall not be compensated for work performed under this
contract from any CITY agency other than the agency which is a party to this contract.
29. Remedies. This Agreement shall be governed by and construed in accordance with the laws of the
State of Oregon, and any litigation arising out of this Agreement shall be conducted in the courts of the
State of Oregon, County of Lane.
30. Entire Agreement. This Agreement signed by both parties is the parties' final and entire Agreement
and supersedes all prior and contemporaneous oral or written communications between the parties,
their agents and representatives. There are no representations, promises, terms, conditions or
obligations other than those contained herein.
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first
set forth above.
CITY OF SPRINGFIELD:
INDEPENDENT CONTRACTOR
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
'. f"""'-l r'. \.......
i
Reviewed by City Contraot Officer
~ /J .uJtJv- 7/t(ot
I
~~~~ .J l~~
-"1 J 2 J Q f;'--'-
June/2008 Independent Contractor Agreement for Personal Services Type 3
Page 5 of 8
EXHIBIT "A"
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Independent Contractor Status
All performance of any labor or services required to be performed by Independent Contractor
shall be performed in accordance with the standards set forth in ORS 670.600 (2005)/ and as
follows:
A person is customarily engaged in an independently established business if any three of the
following six requirements are met:
1. The person maintains a business location:
a. That is separate from the business or work location of the person for whom the
services are provided; or,
b. That is in a portion of the person's residence and that portion is used primarily
for the business.
2. The person bears the risk of loss related to the business or the provision of services as
shown by factors such as:
a. The person enters into fixed-price contracts;
b. The person is required to correct defective work;
c. The 'person warrants the services provided; or,
d. The person negotiates indemnification agreements or purchases liability
insurance, performance bonds or errors and omissions insurance.
4. The person providescontracted.services for two or more different persons within a 12-
month period, or the person routinely engages in business advertising, solicitation or
other marketing efforts reasonably calculated to obtain new contracts to provide similar
services.
5. The person makes a significant investment in the business, through means such as:
a. Purchasing tools or equipment necessary to provide the services;
b. Paying for the premises or facilities where the services are provided; or
c. Paying for licenses, certificates or specialized training required to provide the
services.
6. The person has the authority to hire other persons to provide or to assist in providing
the services and has the author;ity to fire those persons.
June/2008 Independent Contractor Agreement for Personal Services Type 3
Page 6 of 8
EXHIBIT "A"
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Independent Contractor Status
All performance of any labor or services required to be performed by Independent Contractor shall be
performed in accordance with the standards set forth in ORS 670.600, and as follows:
A person is customarily engaged in an independently established business if any three of the following
requirements are met:
1. The person maintains a business lucation:
a. That is separate from the business or work location of the person for whom the services
are provided; or,
b. That is in a portion of the person's residence and that portion is used primarily for the
business.
2. The person bears the risk of loss related to the business or the provision of services as shown by
factors such as:
a. The person enters into fixed-price contracts;
b. The person is required to correct defective work;
c. The person warrants the services provided; or,
d. The person negotiates indemnification agreements or purchases liability insurance,
performance bonds or errors and omissions insurance.
3.. The person provides contracted services for two or more different persons within a 12-month
period, or the person routinely engages in business advertising, solicitation or other marketing
efforts reasonably c?ilculated to obtain new contracts to provide similar services.
4. The person makes a significant investment in the business, through means such as:
a. Purchasing tools or equipment necessary to provide the services;
b. Paying for the premises or facilities where the services are provided; or
c. paying for Iicen'ses, certificates or specialized training required to provide the services.
5. The person has the authority to hire other persons to provide or to assist in providing the
services and has the authority to fire those persons.
N: Oty /Contracts/1ndependentContrads/CurrentlndpendContracts/RevisedExhibitA.doc
Exhibit A
July 2006
Page 60[8
EXHmIT "B"
City of Springfield
Public Contracts
Conformance with Oregon Public Contractors Laws
Pursuant to Oregon law, every public contract shall contain the following conditions:
1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279B.220(1)
2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279B.220(2),
3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal
corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3).
4) Pay to the Deparbnent of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4).
5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle,
compost or mulch yard waste material at an approved site, iffeasible and cost-effective. ORS 279B.225.
6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital
care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279B.230.
7) A person may not be employed for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279A.055, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive
days; or
b) For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the work week is four
consecutive days, Monday through Friday; and
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
An employer 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 posting 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. ORS 279B.235(1)-(2).
8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in anyone week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 V.S.C. 201-209 from receiving overtime. ORS 279B.235(2).
9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(l)(b)(B)-(G) and for
all time worked in excess of 10 hours in anyone day or in excess of 40 hours in anyone week, whichever is greater. Employer shall
give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work
on the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the
employees may be required to work. ORS 279B.235(5).
If this agreement is for a public improvement, the contract shall contain the following conditions:
10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279C.505(l)(a).
11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279C.505(l)(b).
12) Not permit any lien or claim to be filed or prosecuted against the s~ate or a' county, school district, municipality, municipal
corporation or subdivision thereof, on account of anylabor or material furnished. ORS 279C.505(1)(c).
13) Pay to the Deparbnent of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(l)(d).
14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
June/2008 Independent Contractor Agreement for Personal Services Type 3
Page 7 of 8 .
.IS) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or
subcontractor by any person in cqnnection with the public improvement contract as the claim becomes due, the proper officer or
officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may
be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to
become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of
payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due
plus interest charges commencing at the end of the 1 O-day period that payment is due under ORS 279C.S80(4) and is subject to a
good faith dispute as.defined in ORS 279C.S80. If the contractor or a subcontractor fails, neglects or refuses to make payment to a
person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.S80. ORS 279C.S1S.
16) The payment of a claim does not relieve the contactor or the contractor's surety from obligation with respect to any unpaid claims.
ORS 279C.S1 S(4).
17) A person may not be employed for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279C.l 00, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive
days; or,
b) For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the work week is four
consecutive days, Monday through Friday; and,
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.S20(l).
An employer shall 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 posting 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. ORS 279B.520(2).
18) If the agreement is for personal services, the contractshall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in anyone week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201~209 from receiving overtime. ORS 279C.520(3).
19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in anyone day or in excess of 40 hours in anyone week, whichever is greater. An employer
shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of
work on the contract, or by posting 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. ORS 279C.520(5)
20) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have
enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural
resources that affect the performance of the contract. A solicitation document must also make special reference to known conditions
at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under
ORS 279C.525(1). If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the
successful bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the
ordinances, rules or regulations referred to under ORS 279C.52S(i), the successful bidder shall immediately give notice of the
condition to the contracting agency. The successful bidder may not cOmlnence work nor incur any additional job site costs in regard
to the condition encountered and described in ORS 279.525(3) without written direction from the contracting agency. ORS
2~9C.S25. .
21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital
care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279C.530.
22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal
prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the
specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS279C.830(1). .
If this agreement is for demolition, the contract shall also contain the following conditions:
23) Contractor must salvage or recycle construction and demolition debris, iffeasible and cost-effective. ORS 279C.S1O(1)
June/2008 Independent Contractor Agreement for Personal Services Type'3
Page 8 of 8
ATTACHMENT 1
Purpose:
The Land Development Section of the Engineering Division of the City of Springfield
Public Works Department occasionally develops a significant backlog of work during a
time when the number of Land Use Applications for development propos~ls exceeds
normal levels, or there is a demand for expedited review of these applications. The
. Capital Projects Section of the Engineering Division also experiences the need for
additional staff when work loads reach peak levels. Likewise, the Transportation and
. Land Surveying Sections may also develop the need for staffing assistance from time to
time, and in general the Public Works Department may become unable to maintain the
level of service desired in keeping with the Departments policy.
In addition, the City of Springfield does not currently employ a Licensed Geotechnical
Engineer for those proj ects which require this expertise.
The purpose of this contract is to provide the City Engineer with the ability to determine
the need for'additional staff and enter into a specific Contract for a portion of work which
can reasonably be outsourced for Engineering Services to supplement City staff and
reduce the backlog of work.
A. Scope of Work
1) Provide engineering review of developer proposed projects, which may
include some or all of the following for any given development proposal:
a. Land Use Applications: Review Land Use Application materials for
compliance with City standards and current Public Works Department
policies. Primary reference documents will be Chapter 4 of the
Springfield Development Code (SDC), City of Springfield
Engineering Design Standards and Procedures Manual (EDSPM), and
the City of Springfield Standard Construction Specifications.
Participate in Development Review Committee (DRC) proceedings,
including attending periodic meetings, providing input to City staff for
overall development permit processing data and status. Prepare one or
more Technical Memoranda for each Land Use Application reviewed
that summarizes the results of the review and provides proposed
findings and conditions of approval for incorporation by the City into
its Land Use Decision for that application.
b. Public Improvement Proiects:' Review Public Improvement Project
(PIP) plans and specifications to ensure compliance with City
standards and current Public Works Department policies. Primary
reference documents will be Chapter 4 of the Springfield Development
Code (SDC), City of Springfield Engineering Design Standards and
Procedures Manual (EDSPM), and the City of Springfield Standard
Construction Specifications.
2) Conduct field visits as needed to verify existing conditions of City facilities
and interface with proposed developments.
Page 1 of3 i
I:\wils2074\- Purchasing\- Work in Progress\PW Eng On Call FY2009\KPFF ON Call ATTACHMENT 1 FY2009.doc
3) Provide reports to City Staff covering the results of review, including
recommended conditions of approval, and noting unusual aspects of the
proposed development design.
4) Follow-up services during construction as needed.
5) Provide assistance to Public Works and Development Services Department
staff by providing status reports or input for meetings or correspondence with
development applicants. '
6) Provide monthly summary of work conducted under this contract, included
with monthly invoices for services. .
7) Provide Transportation and Surveying services, defmed in each Work Order
Contract. Transportation services may include, but are not limited to, the
following activities: traffic analysis, short range planning, concept plans and
cost estimates, street lighting studies, and multi-modal studies.
8) Provide Geotechnical Engineering Services for the review and/or design of
Public Improvement Projects (PIP) or City of Springfield project initiated
through the Capital Projects Section.
9) Provide Engineering Design and/or review services related to the City of
Springfield Capital Projects.
B. Work Order Contracts
1) City will issue Work Order Contracts (WaC) for each specific project to be
reviewed, along with detailed list of services requested in each wac and the
timeframe within which these services shall be provided.
2) Contractor shall submit separate monthly invoices for charges associated with
each wac.
3) City will include a schedule of deliverables and dates for delivery with each
wac.
C. Compensation
1) Payment for services will be made on a time and materials basis, with a "NOT
TO EXCEED" amount established with each wac. The total amount to be
paid by the City of Springfield to the Contractor under this Contract will not
exceed $60,000.00.
2) Contractor shall submit monthly invoices for each wac detailing number of
hours, name of the employee(s).conducting the work, and detailed breakdown
of any material charges.
3) Billing rates shall be in conformance with the list of rates established under
this contract in the attached schedule of values, Attachment 2. If agreed to by
the City, rates may be adjusted each calendar year, by amendment to this
contract.
Page 2 of3
I:\wils2074\- Purchasing\- Work in Progress\PW Eng-On Call FY2009\KPFF ON Call ATTACHMENT 1 FY2009.doc
'.
D. Conflict of Interest
If Contractor is a registrant (i.e., holding a license or certificate from the Oregon
State Board of Examiners for Engineering and Land Surveying), Contractor shall
not reveal facts, data or information obtained in a professional capacity in the
performance of this contract without prior written consent of City, except as
authorized or required by law. Contractor shall "avoid conflicts of interest" as
specified in OAR 820-020-0010(4) and also must disclose all known or potential
conflicts of interest in their performance of this contract to City as specified in
OAR 820-020-0030(1), and comply with the requirements of OAR 820-020(2)
regarding compensation, disclosure and agreement. ~
Contractor shall avoid real or perceived potential conflicts of interest through the
duration of each WOC by the following means:
1) Contractor shall not perform Engineering Services on any project where any
member of the Contractor's fmn has a direct or indirect financial interest.
Contractor shall notify City immediately if Contractor discovers such interest
exists.
2) Contractor shall not perform Engineering Services on any project that is
owned or managed by a developer with whom Contractor has a contractual
relationship on the same or other projects. . (
3) Contractor shall not perform Engineering Services on any project designed or
administered by an Engineer or other professional with whom any member of
the Contractor's firm has a contractual or financial relationship on the same or
other projects.
Page 3 of3
I:\wils2074\- Purchasing\- Work in Progress\PW Eng On Call FY2009\KPFF ON Call ATTACHMENT 1 FY2009.doc
Goos1JHir)} E~:Qi(lee rs
)
KPFF Consulting Engineers
Civil Engineering
HOURL Y RA TES
January 7, 2008 through December 37, 2008
DEscRIPTION RA rES
Principal---------------------------------------------------- $150
Sen ior Project Manager ----------------------,.-------.;..----- $120 - $150
Project Manager ----------------------------------------- $95 - $125
Project Engineer ~---------------------------------------- $80 - $115
Design EngineerlDesigner ------------------------------- $75 - $100
DraftspersonIT echnician -------------------------------- $60 - $85
C lerical-----'----------------------------------------------- $55 .
FIELD RA TES
Survey Manager -------------------------------7--------- $140
Project Surveyor ----------------------------------------- $85 - $115
Survey Technician ----------------------------------------- $65 - $95
Two-Person Survey Crew -----~------7------------------ $120 - $160
Two-Person Survey CrewwfTechnical.lnstruments----- $135 - $180
Three-Person Survey Crew------------------------------- $170 - $210
ExPENSES RATES
Mi leage ------------------------------------------------------ $0 .505/m i Ie
Survey Grade GPS Equipment ----------~--------------- $60/hour
Rev;sed January 2008