HomeMy WebLinkAboutItem 04 Award of Contract for Engineering Services for Mountaingate Phase 3B, Project P30454
AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Dep~rtment:
Staff Contact:
Staff Phone No:
Estimated Time:
April 16, 2007
Regular Meeting
Public Works ~
Ken V ogeneyV'-
736-1026
Consent Calendar
ITEM TITLE:
A WARD OF CONTRACT FOR ENGINEERING SERVICES
FOR MOUNTAINGATE PHASE 3B, PROJECT P30454
ACTION REQUESTED:
Adopt/not adopt the following motion: AUTHORIZE THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH
GEOENGINEERS, INC. IN THE AMOUNT OF $45,440.00 FOR
GEOTECHNICAL SERVICES FOR DOCUMENT REVIEW
AND CONSTRUCTION OBSERVATION.
, ISSUE STATEMENT:
Council authorization for award of this contract is required. Staff
recommends award to GeoEngineers, Inc.
ATTACHMENTS:
Attachment A: Proposed Personal Services Contract with
GeoEngineers, Inc.
DISCUSSION/
FINANCIAL IMPACT:
The award of personal services contracts such as this are
exempt from normal bidding requirements under the City's
purchasing rules.
The subject contract provides for the continuation of geotechnical engineering services from
GeoEngineers, Inc., concerning slope stability issues for a portion of the MountainGate Phase 3B
development. Staffhad previously entered into a contract with GeoEngineers, Inc., dated
January 29,2007, to review reports and correspondence prepared by K&A Engineering and
Olson & Morris Engineers, which are both fIrms employed by the developer of MountainGate
Phase 3B. The scope of services for this original contract was completed on February 23,2007,
for the contract amount of $7,500. Beginning on February 24,2007, staff verbally authorized
GeoEngineers, Inc. to continue to provide services to the City in response to the potential slope
instability, as well as construction observation, document review, and recommendations. We
have also negotiated a substantially different scope of services, which includes up to three fIeld
visits per week and additional meetings and services as needed by the City. Because of the
expanded scope of services and timeframe for the subject contract, staff opted to enter into a new
contract with GeoEngineers, Inc. for these services.
The subject contract is written on a time and materials basis and includes a maximum contract
price of $45,440, based upon the anticipated services needed by the City. The Engineering
Division budget currently has the funds to pay for this contract. Under the terms of the Public
Improvement Permit, the developer is responsible for the City's costs associated with the project.
Therefore, the actual costs for this contract and the original contract will be invoiced to the
developer for reimbursement to the City.
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance)
Dated:
April 2, 2007
Parties:
City of Springfield, Oregon
and
("CITY")
GeoEngineers, Inc.
("I ndependent Contractor")
Additional Independent Contractor Information:
A. Type of Entity:
B. Address:
o Sole Proprietorship 0 Partners 0 Limited Liability Company Ox Corporation
15055 SW Sequoia Parkway
Suite 140
Portland, Oregon 97224
C. Telephone: (503) 624-9274
D. Fax No: (503) 620-5940
E. SSN or Fed. I.D. No: 916237984
F. Professional License(s) No: 65497PE, 15648PE
G. Oregon Agency Issuing License: OSBEELS
H. Foreign Contractor DYes ~ No
(Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B(11).
CITY Account Number{s) To Be Charged (Include Percentages):
Account Number
I 201-62232-650015-P30454
Percentag~!
100
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 on a net 30-day basis after receiving
Independent Contractor's monthly invoice according to the sum and schedule described on
Attachment "1" attached hereto and incorporated herein by this reference. Total materials and
services herein described are not to exceed $45,440.00.
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
Auaust 31. 2007 , unless earlier terminated in accordance with the provisions of this
Agreement or by mutual consent of the parties.
Independent Contractor Agreement for Personal Services Type 3
Page 1 of 5
ATTACHMENTAA - Page 1 of 13
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 herein 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 2798.220, 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. To the fullest extent of the law, Independent Contractor shall
defend, indemnify and hold harmless CITY, its officials, employees, servants, and agents from and
against all claims, demands, and judgments (including reasonable attorney fees), made or recovered
against them including but not limited to damages to real or tangible personal property or for bodily
injury or death to any person, to the extent arising out of, or in any manner connected with the
negligent acts, omissions or willful misconduct in the performance of this Agreement by Independent
Contractor, its officers, employees, and agents. Independent Contractor's duty to indemnify and hold
harmless hereunder shall be in proportion to their negligence.
13. Insurance.
13.1. General Insurance. 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 that $1,000,000 per occurrence and $2,000,000 in the aggregate. Automobile
Liability (owned, non-owned and hired) insurance with limits not less than $1,000,000 per
occurrence shall be maintained. The CITY of Sprinafield. its officials. employees. servants and
aoents will be named as an additional insured as respects to work or services performed under
this agreement. This will apply to both work in progress and completed operations. This
insurance shall be primary and shall be paid and applied first in its entirety prior to any application
of insurance the CITY may carry on its own.
Independent Contractor Agreement for Personal Services Type 3
Page 2 of 5
ATTACHMENT A - Page 2 of 13
I
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 with limits of not less than $1,000,000.
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.
Evidence of Coverage. Evidence of the above coverages issued by a company satisfactory to
CITY shall be provided to CITY by way of a certificate of insurance before any work or services
commence. A 30-day notice of cancellation or material change in coverage clause shall be '
included, Failure to maintain the proper insurance shall be grounds for immediate termination of
this contract. .
Equipment and Material. Independent Contractor shall be responsible for any loss, damage, or
destruction of its own property, equipment, and materials used in conjunction with the work.
Exception or Waivers. Any exception or waiver of these requirements shall be subject to review
and approval from the CITY's Risk Manager.
13.3.
13.4.
13.5.
13.6.
14. T ennination. 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, or techniques developed during the
course of this Agreement by Independent Contractor personnel can by used by either party in any way
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 to 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, exc!:lpt as provided in this section. Independent
Contractor shall have no liability for CITY's alterations, modifications or re-use of Independent
Contractor's work product on other projects.
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 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.
Independent Contractor Agreement for Personal Services Type 3
Page 3 of 5
ATTACHMENT A - Page 3 of 13
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 of a claim, arbitration or lawsuit, the prevailing party shall be entitled to
recover reasonable attorney fees, experts' fees, and other claim related expenses.
21. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused
by fire, riot, acts of God and/or war which is beyond that party's reasonable control. CITY may
terminate this Agreement upon written notice 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 for a period of three (3) years from
completion of the services hereunder which are directly pertinent to this Agreement for the purpose of
making audit, examination, excerpts and transcripts.
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
amendeq 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.
Independent Contractor Agreement for Personal Services Type 3
Page 4 of 5
ATTACHMENT A - Page 4 of 13
31. Changed Conditions. If circumstances or conditions which were not originally contemplated or
known by Independent Contractor are revealed, to the extent that they affect the scope of services,
compensation, schedule, allocation of risks or other material terms. of this Agreement, Independent
Contractor may call for renegotiation of affected portions of this Agreement. Independent Contractor
shall notify CITY of the changed conditions necessitating renegotiation and Independent Contractor
and City shall promptly renegotiate an equitable adjustment to the affected schedule and/or
compensation; provided, however, nothing in this Section 31 shall affect the termination rights if the
CITY under Section 14.
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:
,.\, ,~. l .
Reviewed by City Contract Officer
~ AJ. ~ /.I-lrO)
~~T/\~~~=~ -=
'~.: L.: () r=~ (~~~rr v ,-.J"'i () E\"
Independent Contractor Agreement for Personal Services Type 3
Page 5 of 5
ATTACHMENT A- Page 5 of 13
Attachment 1
GEoENGINEERS CJ
March 16, 2007
City of Springfield
225 5th Street
Springfield, Oregon 97477
RECEIVED
MAR 2 0 7007
Attention: Mr. Leslie Benoy
Subject: Revised Proposal
Geotechnical Consulting Services
Mountaingate Phase III Subdivision
Springfield, Oregon
File No. 1999-004-01
INTRODUCTION
This proposal summarizes GeoEngineers scope and fee for geotechnical services related to the
Mountaingate Phase III-B subdivision in Springfield, Oregon. In accordance with our contractor
Agreement with the City of Springfield dated January 29, 2007, GeoEngineers completed a review of
geotechnical and construction documents and presented our findings in a report dated February 21, 2007.
In that report we identified a number of issues that required clarification. Subsequently we met with City
staff on February 22, 2007 to visit the site and to meet with K&A Engineering and Olson & Morris
Engineers. Based on observations during that site visit along with the information collected during our
peer review, GeoEngineers concluded that existing fill slopes at the site posed a significant hazard to
homes located downslope of the project site. We verbally expressed our concerns to all parties on
February 22 and followed up in an email to the city on February 23. Since then, the affected home
owners were notified of the hazard and negotiations have been on-going between the parties involved in
order to agree upon an acceptable solution. The City requested this proposal for additional consulting
services that we have provided and will provide beyond the initial peer review.
PURPOSE AND SCOPE
The purpose of our services is to advise the City on on-going geotechnical issues related to the project.
The following summarizes our specific scope of services:
1. Attend up to four meetings at the City of Springfield.
2. Review reports and correspondence by K&A Engineering and Olson & Morris Engineers.
3. Provide on-site construction observation services on behalf of the City of Springfield. Our
construction observation services will be provided to observe fill slope hazard mitigation at the
site.
SCHEDULE AND BUDGET
In accordance with verbal authorization by the City of Springfield, we have commenced with services
outlined in items 1 and 2 above. It is difficult to accurately estimate our total fees for document review,
and construction observation because our involvement will depend on the outcome of future negotiations
with K&A Engineering and Olson & Morris Engineers and the number of site visits required. We assume
ATTACHMENT A - Page 6 of 13
City of Springfield
March 16, 2007
Page 2
that part-time observation will be satisfactory for earthwork activities. For budgetary purposes, we have
assumed that each visit will require a total of 8 hours and will cost approximately $1,000, including
preparation and review time for daily reports, equipment, and vehicle mileage. We have budgeted for the
level of involvement and number of visits as described in Table 1. The number of site visits in Table 1
assumes 3 visits a week for a period of 3 months.
Table 1. Cost Summary
- Estimated
Task '... Units Unit Cost Fee
Associate/Principal Meeting Attendance (All Day) 4 visits $1,400 $5,600
Document Review and Correspondence 24 hours $160 $3,840
Construction Observation 36 visits $1,000 $36,000
Total $45,440
AUTHORIZATION
We propose to complete the services outlined herein on a time-and-expense basis according to the rates
presented in the attached Schedule of Charges. We will not proceed with additional services without your
prior authorization. Our services will be conducted in accordance with the terms and conditions as
outlined in the Independent Contractor Agreement between GeoEngineers and the City of Springfield
dated January 29, 2007 (#201-62232-650015-P30454). Please provide formal authorization for the
services outlined in this proposal by signing in the space provided below or by issuing an Independent
Contractor Agreement to signify your acceptance of the terms of this proposal and to complete our files.
ATTACHMENT A - Page 7 of 13
File No, 1999-004-01
GEoENGINEER~
City of Springfield
March 16, 2007
Page 3
We appreciate the opportunity to be of continued service to the City of Springfield on this project. Please
call if you have questions concerning this proposal.
Yours very truly,
GeoEngineers, Inc.
~ "~,I
'~:t
1revor N. Hoyl~, .E.\,
Associate C
TNH:gaw
PORT: P:\I\I 999004\01 \Finals\19990040J P2,doc
Attachment:
Schedule of Charges
Two copies submitted
Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any
attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc, and will serve as the official
document of record,
The scope of services and terms described herein are accepted and GeoEngineers, Inc. is authorized to
proceed.
By
Organization
"Signature
Date
Name Printed
"Individual with contracting authority and responsible for payment of GeoEngineers, mc, services,
Proprietary Notice: The contents of this document are proprietary to GeoEngineers, Inc, and are intended solely for use by our clients and their
design teams to evaluate GeoEngineers' capabilities and understanding of project requirements as they relate to performing the services proposed
for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of
GeoEngineers,
Copyrighti6> 2007 by GeoEngineers, lnc, All rights reserved,
File No, 1999-004-01
ATTACHMENT A - Page 8 of 13
GEoENGINEER~
SCHEDULE OF CHARGES
COMPENSATION
Our compensation will be determined on the basis of time and expenses in accordance with the following schedule
unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are as follows:
Professional Staff
Scientist I
Engineer I
Scientist 2
Engineer 2
Scientist 3
Engineer 3
Project Scientist I
Project Engineer I
Project Scientist 2
Project Engineer 2
Senior Engineer/Scientist ]
Senior Engineer/Scientist 2
Associate
Principal
Senior Principal
Technical Staff
Office Assistant
Project Assistant I
CAD Technician
Technician
Project Assistant 2
Senior Technician
Senior CAD Technician
Lead Technician
GIS and Information Technology
Data Entry Technician] $ 85/hour
Data Entry Technician 2 $ 105/hour
Database Analyst $ 120/hour
GIS Analyst I $ 120/hour
GIS Analyst 2 $ 140/hour
Database Administrator $ 140/hour
Applications Developer $ 140/hour
Technical Project Manager $ 140/hour
Senior Systems Administrator $ 160/hour
Senior GIS Analyst $ 160/hour
Senior GIS System Planner $ 180/hour
Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff
time spent in depositions, trial preparation and court or hearing testimony will be billed at one and one-half times
the above rates. Time spent after normal working hours, on weekends, or on holidays, at the specific request of
Client, will be charged at the above rates plus 25 percent. Time spent in either local or inter-city travel, when
travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. Rates for data
storage and web-based access will be provided on a project-specific basis.
In-House Disposable Field Supplies
Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request.
Geotechnical Laboratory Tests
In-house testing for geotechnical soil characteristics at current rates, list available upon request.
$ 80/hour
$ 85/hour
$ 97/hour
$ I03/hour
$ I IO/hour
$ I 15/hour
$ 125/hour
$ 130/hour
$ I 35/hour
$ 140/hour
$ 150/hour
$ 155/hour
$ 160/hour
$ T75/hour
$ 190/hour
$ 58/hour
$ 70/hour
$ 70/hour
$ 70/hour
$ 80/hour
$ 80/hour
$ 85/hour
$ 90/hour
Associated Project Costs (APC)
Computer hardware and software, telephone and fax communications, printing and photocopying and routine
postage via USPS will be charged at a flat rate of 6 percent ofIabor charges.
Per Diem
Per Diem may be charged in lieu of subsistence and lodging.
All rates are subject to change upon notification.
N: ISchedules _01_ Charges\2007\Schedule _Portland-2007.doc Page J of 2
ATTACHMENT A - Page 9 of 13
GEoENGINEER~
SCHEDULE OF CHARGES (Continued)
Equipment
Air Quality Equipment, per day
Air Sparging Field Test, per day
Asbestos Sample Kit, per day
Blastmate, per day
22-foot Sampling and Dive Boat (plus fue!), per day
Camcorder, per day
Concrete/Masonry Field Gear, per day
Crack Gauges, per gauge
D&M Sampler, per day (l day min.)
Data Logger - 8-channel, per day
Electrical Tape, per day
Environmental Exploration Equipment, per day
Flow Meter, per day
Gas Detection and Oxygen Meters, per day (l day min.)
Generator, per day (l day min.)
Geotechnical Exploration Equipment, per day'
GPS Unit - Professional Grade, per day
Groundwater Development and Sampling Pump, per day (1 day min.)
Groundwater Monitoring Equipment, per day
Hydrolab Multi Probe, per day
Interface Probe, per day
Nuclear Density Gauge, per day
Operations and Maintenance Equipment, per day
Peristaltic Pump, per day
PID, FID or OVA, per day
Sampling Van/Trailer, per day
Saximeter, per day
Scuba Diving, per day/per diver
Single Channel Data Logger w/Transducer, per day
Slope Indicator, per day (l day min.)
Soil Samples (in Rings), per sample
Soil Samples (in Sleeves), per sample
Spectro Photo Meter, per day
Stereoscope, per day
Strain Gauge Readout, per day
Tedlar Bags & Air Sampling Equipment, per sample
Turbidity Testing Equipment, per day
Underwater Camera - Still, per day
Underwater Camera - Video, per day
Vapor Extraction Field Test, per day
Vehicle usage, per mile, or $50/day, whichever is greater
Vehicle - 4-wheel drive truck, per day
Water Quality Equipment, per day
$ 150,00
$ 500.00
$ 25,00
$ 80.00
$ 750.00
$ 25.00
$ 15.00
$ 20.00
$ 75.00
$ 300.00
$ 25.00
$ 150.00
$ 20.00
$ 80.00
$ 80.00
$ 125.00
$ JOO.OO
$ 100.00
$ 220.00
$ JOO.OO
$ 35.00
$ 40.00
$ 250.00
$ 40.00
$ 80.00
$ 60.00
$ 15.00
$ 250.00
$ 100.00
$ 200.00
$ 4.00
$ 8.00
$ 45.00
~ 20.00
$ 40.00
$ 11.00
$ 30.00
$ 50.00
$ 125.00
$ 500.00
$ 0.65
$ 80.00
$ ]25.00
Specialized and Miscellaneous Field Equipment, at current rates, list available upon request
OTHER SERVICES, SUPPLIES AND SPECIAL TAXES
Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and
any unusual items of expense not customarily incurred in our nonnal operations, are charged at cost plus
15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous
supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and
special insurance which may be required. Taxes required by local jurisdictions for projects in specific geographic
areas will be charged to projects at direct cost.
N:\ScheduJes _ of_ Charges\2007\Schedule _Porrland-2007.doc Page 2 of 2
ATTACHMENT A - Page 10 of 13
GEOENGINEER~
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 foJlows:
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; Of,
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 epters 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 omiss.ions insurance.
4. 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 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 authority to fire those persons.
N :City/Contracts/lndependentcontracts/CurrentIndpendContracts/RevisedExhibitA.doc
ATTACHMENT A - Page 11 of 13
Exhibit A
July 2006
Page 1 of 1
EXHIBIT "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 Acddent Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279B.220(2).
3) Not permit any lien or daim to be filed or prosecuted against the state or a county, school district, munidpality, municipal corporation
or subdivision thereof, on account of any labor or material fumished. ORS 279B.220(3).
4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 2796.220(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, if feasible and cost-effective. ORS 2796.225.
6) Promptly, as due, make payment to any person, copartnership, assodation or corporation fumishing 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 2796.230.
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 hOlJrs 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 U.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(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. 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(1)(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(1)(b).
12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school oistrict, municipality, municipal corporation
or subdivision thereof, on account of any labor or material fumished. ORS 279C.505(1)(c).
13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d). '
14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
15) 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 connection 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
July 2006 Exhibit B ATTACHMENT A - flage 12 of 13 Page 1 of 2
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 lo-day period that payment is due under ORS 279C.580( 4) and is subject to a
good faith dispute as defined in ORS 279C.580. 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.580. ORS 279C.515.
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.515(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 <;:ontracts for personal services
designated under ORS 279C.100, 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 2798.020. ORS 279C.520(1).
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 2798.520(2).
18)
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 underORS 653.010 to 653.261 or under 29 U.S.c. 201-209 from receiving overtime. ORS 279C.520(3).
I
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.525(1), the successful bidder shall immediately give notice of the
condition to the contracting agency. The successful bidder may not commence 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 279C.525.
21) Promptly, as due, make payment to any person, copartnership, association or corporation fumishing 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. ORS 279C.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, if feasible and cost-effective. ORS 279C.51O(1)
July 2006
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