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MATHCOUNTS a huge success

VIEWS: 93 PAGES: 10

									                                           MATHCOUNTS a huge success
                                           By Roger Kuhlman, PE
                                           CORVALLIS, OR — Twelve
                                           teams and 18 individuals
                                           from the 10 statewide re-
                                           gions competed March 5
                                           at Oregon State University
                                           to determine who would
                                           represent Oregon in the
                                           National MATHCOUNTS
                                           competition. The top-scor-
                                           ing competitors, named
                                           “Oregon’s Team,” are:
                                           eighth-graders Eric Larson
                                           and Xu Moor of Roosevelt
                                           Middle School in Eugene;
                                           Avi Levy of Athey Creek
                                           Middle School in West
                                           Linn; and Valerie Chia of
                                                                                            The “Oregon Team” heads to Detroit
                                           Stoller Middle School in
                                           Portland. They will be coached by Marna Knoer, from ting 12 OSU students to help with the competition.
                                           Roosevelt Middle School in Eugene. The team and One of the students is an alumnus of the
                                           their coach will travel to the national competition in MATHCOUNTS program.
                                           Detroit for the National Competition on May 5.             Thanks again to this year’s state MATHCOUNTS
                                              PEO members Ron Polvi, Roger Kuhlman, Al Pierce, sponsor, Bend Research. Their significant contribu-
                                           Michael Hardy, Ron Buckingham, David Morris, Bob tion is greatly appreciated. Major sponsors included
                                           Gantenbein and his wife, Sandy, spent most of the Salem Electric, Portland General Electric, NW Natu-
                                           day taking care of the various tasks that need to be ral, and the Oregon Chapter of the American Public
                                           done to conduct this competition. College of Engi- Works Association. Significant contributions were
                                           neering Associate Dean James Lundy was also on received from Evergreen Engineering, Georgia-Pa-
                                           hand. Assistant Dean Roy Rathja and Darlene Perkins cific, BMGP Engineering, each of the local chapters
                                           coordinated the use of the facilities and lunch for of PEO, and many individual members. A big thank
                                           all involved. Darlene was also instrumental in get- you to everyone for your support!

       Spring 2005
www.oregonengineers.com
                                                MATHCOUNTS National News
                                                Executive director announces retirement
                                                 By Joe Bremner                                   along with the seventh- and eighth-grade
                                                 ALEXANDRIA, VA — MATHCOUNTS Foun-                participants, who form the historical base of
President’s Message ................. 2          dation Executive Director Peggy Drane an-        MATHCOUNTS. She has overseen a substantial
                                                 nounced on March 18 her retirement from the      growth in corporate partnerships, many in-
Pending Bills in the                             nation’s premier math coaching, competition      novations in the MATHCOUNTS web site and
Oregon Legislature .................. 3          and enrichment program. The program en-          information delivery systems, and furthered
Proposed Bylaw Changes ......... 5               courages and rewards middle-school math          the hosting of MATHCOUNTS National Compe-
                                                 achievement. Her retirement will be effective    titions in regions outside the nation’s capital.
PEO Annual Conference
                                                 July 8, 2005.                                    Her personal commitment and enthusiasm for
Registration Form .................... 6
                                                    “Peggy has been instrumental in leading the   the MATHCOUNTS program are infectious and
Risk Management .................... 7           growth and excitement around MATHCOUNTS.         will be sorely missed by the staff and the board
                                                 Under her leadership, the MATHCOUNTS pro-        of directors. I have truly enjoyed working with
                                                 gram has expanded to include sixth-graders,                             Continues on page 3


                                                                                                                                                     1
THE OREGON PROFESSIONAL ENGINEER



President’s Message by Michael Hardy, PE, PEO President
                        Writing this message      in the leadership and dedication of the state        In closing, I would like to thank all of the
                     will be one of my last of-   officers who will follow me.                       members and officers who have supported
                     ficial duties as President        Throughout the last year, there has been a    PEO this year. It is only through their willing-
                     of PEO. Even though this     very contentious debate over whether to al-       ness to commit their time and resources that
                     is my second term and        low other state societies the option of having    our organization continues. I would also like to
                     many of the official du-      state-only members. Some of the more senior       thank Belinda Holcombe-Rasmussen, our new
ties came much easier this year, there were       members in the organization can tell you that     executive director. She has done a wonderful
still plenty of unique situations with which      this issue comes up about every 10 years. Since   job while settling into her new role. Her energy
we had to deal. In the end, I believe I will be   PEO is the only state society to have openly      and enthusiasm have been much appreciated.
handing off the reins of an organization in       offered the alternative since our inception,
reasonable condition, in spite of the turmoil     we have been drawn into the discussion once
that has resulted from the ongoing reorgani-      again. With the support of the PEO board, I             PROFESSIONAL
zation at the regional and national levels.       have actively represented PEO in the debate,         ENGINEERS OF OREGON
    We saw a preview of the new national          and as I write, I am preparing to attend the           Belinda Holcombe-Rasmussen,
governance model at the summit meeting a          spring NSPE Board meeting where the propos-                  Executive Director
                                                                                                            19363 Willamette Dr, #243
few months ago, however, the timetable for        al for state-only membership will be voted on.
                                                                                                              West Linn, OR 97068
the changes is not clear. What I do know is       No matter what happens at the meeting, PEO
                                                                                                                 503-655-2229
that the chapter and state societies still need   will be keeping our PEO-only membership cat-                   800-919-9552
active members in order to remain viable.         egory. We have seen the benefit these mem-                    Fax: 503-650-2779
                                                                                                            peo@oregonengineers.com
I am honestly looking forward to being able       bers bring to our organization, and without               www.oregonengineers.com
to focus more of my efforts on issues that are    their participation and support, we would be
facing my local chapter, with full confidence      a very different, more limited, organization.




2
                                                                                                                            SPRING 2005


Pending Bills May Affect MATHCOUNTS retirement
Professional Engineers Peggy and sharing challenges eral MotorsFoundation, the Gen-
                                                    the ADC                 Continued from page 1
                                                                Foundation, Lockheed
EDITOR’S SUMMARIES                    assigned to the House Commit- and accomplishments with her,”            Martin, National Aeronautics and
Summarized below are bills that       tee on Business, Labor, and Con- said Gary McDonald, chair of the       Space Administration, Raytheon
are in the Oregon House which         sumer Affairs.                     MATHCOUNTS board of directors.       Company, Shell Oil Company,
may affect your interests as a pro-         House Bill 2725:                “MATHCOUNTS is a wonderful        Texas Instruments Incorporated,
fessional engineer. The following             Limits design              program and I feel privileged to     3M Foundation and Xerox Cor-
summaries are not prepared by          professionals’ liability have had the opportunity to work              poration.
the sponsors of the measure and       Sponsored by the Committee on with our many dedicated volun-               Hosted by General Motors,
are not a part of the body there-     Business, Labor and Consumer teers, talented staff and outstand-        the 2005 MATHCOUNTS National
of or subject to consideration by     Affairs (at the request of the ing board of directors. I extend         Competition will take place at the
the legislative assembly. They are    American Council of Engineering my heartfelt appreciation to them       GM Headquarters and Detroit
an editor’s brief statements of       Companies of Oregon                and to the individual donors and     Marriott at the Renaissance Cen-
the essential features of the mea-       A bill was introduced in early corporate sponsors committed to       ter on May 7.
sures as introduced. If you have      April that limits the liability of enriching students’ math educa-         For additional information on
any comments or interest in any       construction design professionals tion. Seeing the Mathletes’ excite-   MATHCOUNTS, please visit www.
of these bills, please contact the    for injuries occurring to workers ment and growth has made every        mathcounts.org.
PEO office at 800-919-9552.            while on a construction project. day rewarding,” said Drane.
                                      The bill, H.B. 2725, defines a con-    MATHCOUNTS’ Founding Spon-
       House Bill 3092:                                                                                            PEO ANNUAL
                                      struction design professional as sors are the CNA Foundation, the
    Exempts compliance
                                      an architect, registered landscape National Society of Professional
                                                                                                                   CONFERENCE
     review on work by                                                                                              May 19-21
  professional engineers              architect, professional engineer, Engineers and the National Coun-
                                      or a professional land surveyor. cil of Teachers of Mathematics.
                                                                                                                    See page 6
Sponsored by Representative
Brown (at the request of the Or-      The bill was introduced at the re- National Sponsors also include
egon Association of Plumbing,         quest of ACEC of Oregon.
Heating, & Cooling Contractors                House Bill 2369:
    A bill introduced on March                   Re-wording
14 in the Oregon House, H.B.                Fire Protection Bill
3092, exempts complex structure           The Professional Engineers of
plumbing systems from having to       Oregon is watching a fire protec-
go through a plumbing specialty       tion bill, H.B. 2369, which estab-
code compliance review if the         lishes a Fire Sprinkler Contractor
system plans have been designed       Board within the Building Codes
and stamped by a professional         Division. The bill was submitted
engineer or registered architect.     by the sprinkler contractors with-
The bill prohibits the Depart-        out any input from the Society of
ment of Consumer and Business         Fire Protection Engineers. The bill
Services and municipalities from      also allows sprinkler contractors
charging a fee for reviewing          to plan and design fire protection
plans for plumbing specialty code     systems. Although the bill does
compliance. The bill also prohibits   not specifically address what
the Department of Consumer and        the design of sprinkler systems
Business Services or municipalities   entails, the licensing board of Or-
from halting work on plumbing         egon has determined that the de-
systems based on noncompliance        sign of sprinkler systems and the
with the plumbing specialty code      associated hydraulic calculations
if the system is being installed in   required to meet National Fire
accordance with plumbing sys-         Protection Association codes is
tem plans designed and stamped        defined as being part of the prac-
by a professional engineer or         tice of engineering. PEO is work-
licensed architect. It also speci-    ing to amend this bill or to block
fies exception. The bill has been      it if the language is not changed.

                                                                                                                                              3
4
                                                                        SPRING 2005



Changes Proposed
to PEO Bylaws
These proposed bylaws amend-         Associate Member or Affiliate...
ments will become official unless     (f) Life Membership may be
there is a petition in opposition    accorded to a Licensed Mem-
of these changes. (Changes to        ber, Surveyor Member, Senior
the Bylaws are in bold.)             Associate Member, Associate
Revised March 5, 2005                Member...
BYLAW I – Admissions and             (g) A Student Member is a full-
Membership                           time student in an undergradu-
                                     ate or graduate engineering or
Section 1. Membership                surveying student program
(a) A Licensed Member shall be       accredited by ABET or an
a person holding a valid license     engineering or pre-engineer-
or certificate or registration as a   ing program that can lead
professional engineer, issued...     to licensure or international
                                     equivalent.
(c) Section Deleted
                                     (h) An Affiliate Member is an
(d) An Associate Member is a         individual who by reason of
person of high moral character       employment or interest in the
who is: (1) a certified engineer-     application of engineering prin-
ing intern (EI)/engineer-in-train-   ciples...
ing (EIT) or; (2) a certified land    No person shall be accepted
surveyor-in-training, or; (3) has    as an Affiliate Member under
graduated from an engineer-          provisions of (h) after January
ing curriculum accredited by         1, 2005.
the Accreditation Board for
Engineers and Technology; or         (i) Honorary Membership… Hon-
has recently graduated from          orary members may be proposed
an engineering curriculum            by the Nominating Committee,
prior to the establishment           or by petition to the Board of
of professional accreditation        Directors, such petitions bear-
procedure by ABET; or had            ing the sponsorship of no less
graduated from an engi-              than ten Licensed Members, or
neering curriculum which is          Surveyor Members or Senior
accredited by ABET within six        Associate Members. A person
years after his/her gradua-          Proposed for Honorary Member-
tion; or has been awarded a          ship…
graduate engineering degree          Section 2. Admissions
from a college or univer-
                                     Charter Members are registered
sity which has one or more
                                     professional engineers who
undergraduate engineering
                                     where were tentatively elected
curricula accredited by ABET;
                                     at the January 16,1929 meet-
a graduate engineer or land
                                     ing...
surveyor pursuing an engi-
neering or surveying career or       If at any time, an Associate
engaged in post graduate engi-       Member wishes to transfer
neering or surveying study.          to Affiliate Member, he shall
                                     submit an application which
(e) Privileged Membership may
                                     complies with the foregoing
be accorded to a Licensed Mem-
                                               Continues on page 8
ber, Senior Associate Member,
                                                                                 5
                             PEO Annual Conference
    May 19-21, 2005 • Seven Feathers Hotel & Casino Resort • 800-548-8461
                    Hosted by the Umpqua Chapter of PEO
                                 PROGRAM
Thursday, May 19                                                            11:30 am to ! pm .................Lunch and PEO Business Meeting
6 pm to 8 pm .......................Welcome Reception. Join old friends     1:15 pm to 1:30 pm..............Break — Visit Exhibits
                                    and new acquaintances for an informal   1:30 pm to 3:15 pm .............Chris Higgins, PE,
                                    welcome and networking reception.                                            Oregon State University
4 pm to 8 pm .......................Registration & Exhibitor Setup                                             Cracked Bridge Report
                                                                                                               Load Rating Bridges
Friday, May 20 (Earn 6 Professional Development Hours)                      3:15 pm to 3:30 pm .............Break — Visit Exhibits
6 am to 7 am .......................Exhibitor Set Up                        3:30 pm to 4:30 pm .............Sue Kupillas
7 am to 8 am .......................Registration & Breakfast                                                   Healthy Forests after Fire
8:30 am to 10:15 am ...........Terry Bounds, PE,                                                               Biscuit Fire Update
                                      Orenco Systems, Inc.                                                     Reforestation after Fire
                                    New On-Site Systems                     7 pm to 9 pm ......................Annual Awards Banquet
                                    AdvanTex Treatment                                                         & Installation of Officers
                                    VeriComm Monitoring
 10:15 am to 10:30 am.........Exhibits Open with Break                      Saturday, May 21
10:30 am to 11:30 am..........Serge Yanez                                   8 am to Noon ......................PEO Board Meeting
                                    Applied Digital Technology                                                 (Members are welcome to attend)

              Deadline for registration & payment is Thursday, May 12
         Contact Belinda H. Rasmussen, Executive Director at the PEO office 800-919-9552


                                                   REGISTRATION FORM
  Name: ____________________________________Company: _______________________________________________

  Address: _________________________________ City/State/Zip: ___________________________________________

  E-mail: _____________________________________ Phone: __________________________ Fax: __________________

  Name of Guest:______________________________________________________________________________________

               REGISTRATION CATEGORIES                                                         Amount Enclosed
               PEO Member .............................. $160 ........................ $ _____________________________
               Non-PEO Member ....................... $240 ........................ $ _____________________________
               PEO Member Partial Reg................$130 ........................ $ _____________________________
               (Excluding Annual Banquet with Reception and Entertainment)
               Non Member Partial Reg. ............. $210 ........................ $ _____________________________
               (Excluding Annual Banquet with Reception and Entertainment)
               Exhibitor Fee ................................ $ 80 ........................ $ _____________________________
               Additional Friday Breakfast ............ $ 12 ........................ $ _____________________________
               Additional Friday Lunch ................. $ 17 ........................ $ _____________________________
               Additional Friday Dinner ................ $ 30 ........................ $ _____________________________
               TOTAL AMOUNT ENCLOSED..................................... $ _____________________________


                                                  Make checks payable to:
                          Professional Engineers of Oregon
                   19363 Willamette Dr., #243, West Linn, OR 97068
                   503-655-2229 800-919-9552 www.oregonengineers.com
                                                                                                                                   SPRING 2005



Risk Management:
an Engineering Must                                                                      Thank You to
An important aspect of profes-
sional engineering is the practice
                                        to propose on a project and
                                        whether to agree to contract                        the PEO
of risk management, defined as
any calculated action to reduce
                                        terms and conditions, you need to
                                        first determine what are the proj-
                                                                                          Supporting
the severity, frequency and unpre-
dictability of damages, losses and
                                        ects your firm wishes to perform,
                                        what is the nature of the services
                                                                                         Organizations
claims. Reducing these liabilities      your firm is best qualified to per-               Without support, PEO would not be able
involves a number of wise actions:      form, and what is the limit of               to accomplish its goals. Please contact these
                                                                                         organizations for your next project.
           Avoid risk                   risk acceptable to your firm. With
                                                                                       Let them know that you support them!
Don’t sign a bad contract. If the       this knowledge, you will have a
                                        baseline point from which to de-       ATech Northwest, Inc.            Multi Tech Engineering Svcs, Inc.
terms and conditions of the con-                                               www.atechnorthwest.com           www.multitech.ws
tract are so onerous that you will      termine whether a project and
be assuming a high risk for a rela-     contract are acceptable, and if        BMGP                             NECA & IBEW
                                        acceptable, how you should price       BMGP@qwest.net                   www.necaibew48.com
tively small return, the most pru-
dent risk management decision           the work for any increased risks       CDS Technology                   Northwest Engineering
                                        that may be identified.                 www.cdstech.com                  Service, Inc.
may be to decline to offer a pro-                                                                               www.nwesi.com
posal to provide services under             As obvious as this point is, it    ChemMet LTD PC
that contract. Avoid the tempta-        is surprising how many firms do         www.chemconsult.org              NW Natural
                                        not require their proposal prepa-                                       www.nwnatural.com
tion to work without a contract                                                College of Engineering – OSU
under these circumstances. Al-          ration staff to use a formal check-    www.engr.oregonstate.edu         OBEC Consulting Engineers
though it may appear more pru-          list for evaluating risks before                                        www.obec.com
                                                                               Corporate Planning Research
dent to proceed with no written         submitting a proposal. If you do       www.thegleason-group.com         Operating Engineers Local 701
contract rather signing a bad one,      not have such a checklist, you                                          & Union Contractors of AGC
                                        should develop one immediately.        Dyrnes Engineering Services      www.operators701.com
the lack of a contract causes many                                             dyrnes@ieee.org
problems, including disputes over       The next step, after developing it,                                    OSBEELS
                                        is to make sure that it is routinely   Epsilon Engineering, Inc        www.osbeels.org
the intent of the parties, scope of                                            mvanduser@epsilon-ee-oregon.com
services to be rendered, and pay-       used. If you have branch offices,
                                                                                                               PDHengineer.com
ment for services.                      make sure that they are likewise       Evergreen Engineering           www.PDHengineer.com
                                        using the form.                        www.evergreenengineering.com
   If the contract calls for services                                                                          Precision Images
beyond those which you normally                   Allocate risk                Ferguson Pump Division          www.precisionimages.com
                                                                               800-611-7317
provide, you may choose to sub-         Through contract language you                                          Precision Structural
contract those services to another      can allocate risk between the par-     Fishman Environmental            Engineering, Inc.
consulting firm. This will provide       ties. Negotiate to allocate the risk    Services, LLC                  www.structure1.com
                                                                               www.fishermanenvironmental.com
you with the benefit of the ser-         to the appropriate parties. The                                        Rose Technical Graphics, Inc.
vices, knowledge, experience and        question is: Who is the appropri-      Hilfiker Retaining Walls         cmrose@rosetechnicalgraphics.com
risk management abilities of an-                                               www.hilfiker.com
                                        ate party to bear the risk for vari-
                                                                                                               Talbott Associates Inc.
other design professional for that      ous matters? Unless you know           International Code Council      www.talbottassociates.com
aspect of the project. You will still   which party reasonably should          www.iccsafe.org
                                                                                                               Tye Engineering & Surveying, Inc.
have liability exposure for the         bear a risk under the contract, it     LLM Publications, Inc.          www.tyeengineering.com
performance of these services           is rather difficult to argue during     www.llm.com
since you may have vicarious li-        contract negotiations that one                                         Value CAD
                                                                               Logging Engineering             www.valuecad.com
ability for the acts, errors and        party or the other should assume        International, Inc.
omissions of those for whom you         the risk. A simple key to deter-       www.lelinc.com                  W&H Pacific
are legally responsible. You will                                                                              www.whpacific.com
                                        mining who should own the risk         LZB, Inc. dba Earth Anchors
have the benefit, however, of that       is first to determine who can best      www.lzb-earthanchors.com        Waterlab Corp.
professional’s insurance for errors     manage that risk by their day-to-                                      503-363-0473
                                                                               Marquess & Associates, Inc.
and omissions arising out of that       day activities. If you are not in a    www.marquess.com
aspect of the project.                  position to manage a particular
   In order to evaluate whether                    Continues on page 9

                                                                                                                                                    7
THE OREGON PROFESSIONAL ENGINEER



                   PEO Bylaws: Proposed Changes
                  Continued from page 8               tices committee shall consist of a    with the Board by any...
                  requirements.                       chairman to be appropriated to a
                                                                                            No person whose case is before
                                                      one...
                  When an Associate Member                                                  the Board of Engineering
                  becomes registered as a Profes-     The committee is to work closely      Examiners OSBEELS for inves-
                  sional Engineer or Surveyor, the    with the State Board of Engi-         tigation or revocation of license
                  Secretary shall automatically       neering Examiners OSBEELS.            shall...
                  change the membership grade
                                                      Section 3. Grounds For Disci-           BYLAW III – Fees and Dues
                  to Licensed Member or Survey
                                                      pline. Any member of PEO may
                  Member….                                                                  Section 2. Exclusive of such dues
                                                      be disciplined by PEO for any
                                                                                            as may be assessed due to affili-
                  Each newly registered Profes-       cause mentioned in Section 1...
                                                                                            ation with NSPE, the annual dues
                  sional Engineer, Land Surveyor or
                                                      the Secretary, upon being ordered     shall not exceed the following:
                  Engineering Intern/Engineer-in-
                                                      to do so by the Board of Directors,
                  Training or Surveyor-in...                                                Licensed Members .... $80 $90
                                                      shall turn such report over to the
                                                                                            Surveyor Members ...$80 $90
                  The introductory membership         Board of Engineering Examin-
                                                                                            Associate Members
                  plan shall entitle a new mem-       ers OSBEELS with the recom-           30 yrs of age or older:$80 $90
                  ber to PEO membership for the       mendation that further action         Affiliate Members: .......... $80
                  remainder if the calendar of the    be taken. The Board of Directors
                  year during which the application   shall cooperate with the Board
                  is accepted and for the entire      of Engineering Examiners                 NPSE Task force
                  following year.                     OSBEELS in such action as they           to study ethics of
                       BYLAW II – Discipline
                                                      wish taken.                              Management
                                                      Section 7. Findings by the
                                                                                               Overrulings
                  Section 1. Authority. The PEO,
                                                      Board of Directors. If the               NSPE President Bobby E.
                  through its Board of Directors
                                                      board of directors shall find, on         Price has named a task force
                  shall have the power to investi-
                                                      the basis of the Trial committees        to address the issue of com-
                  gate and pass upon the...
                                                      report, that...                          pany management overrul-
                  The PEO, through its Board of                                                ing engineering judgment.
                                                      A copy of the findings of the
                  Directors, shall also have the                                               The task force is charged
                                                      board of directors, in the case
                  power to make recommendations                                                to study the problems in
                                                      of any person so suspended or
                  to the Board of Engineering                                                  large and small technical
                                                      expelled, shall be forwarded
                  Examiners Oregon State Board                                                 programs where engineer-
                                                      to the Board of Engineering
                  of Examiners for Engineering                                                 ing judgments affecting the
                                                      Examiners OSBEELS and to the
                  and Land Surveying (OSBEELS)                                                 public health and safety
                                                      person suspended or expelled.
                  relative to the matter...                                                    have been overruled by
                                                      Section 8. Reinstatement of a            non-engineer managers.
                  Section 2. Ethical Practices
                                                      Member. A petition for reinstate-
                  Committee. The ethical prac-
                                                      ment to membership may be filled


                                                                                                To advertise
                                                                                                 in the PEO
                                                                                                 newsletter,
                                                                                                   contact
                                                                                               Jan Stickrod at
                                                                                              503-445-2223
8
                                                                                                                            SPRING 2005


Some risks best borne
by clients or builders
Continued from page 7                       the contract document require-
risk, it is inappropriate for you to        ments
agree upon language making you           • Warranties and guarantees
responsible for that risk.               • Timeliness of performance
   Risks best controlled                 • Site safety
            by clients                     If, as the design professional,
   Certain risks will more natu-        you agree to assume the risk for
rally belong to the client. These       any of these tasks, you will be
may include:                            agreeing to accept responsibility
• Responsibility for obtaining in-      for something you have little or
   formation about the site             no ability to control. Moreover, by
• Obtaining rights-of-way and           assuming responsibility to control
   easements                            these matters, you may create le-
• Obtaining permits and govern-         gal responsibility beyond what
   mental approvals                     you would otherwise have.
• Site Safety                              Risks best controlled
• Coordinating services and work         by design professionals
   between multiple prime con-          Design professionals are responsible
   tractors.                            for their professional services such
   If you, as the design profes-        as plans, drawings, specifications,
sional, agree to accomplish the         and reports. The design professional
above-identified tasks, you may          or firm can manage how it performs
bring liability upon yourself for       its services in order to reduce the
matters you had very little ability     risk. By implementing sound risk
to influence and control. In fact,       management practices, the design
by attempting to influence and
control some of these items, you
                                        professional may avoid committing
                                        negligent acts, errors and omissions.
                                                                                PSU Spends $44.5
might even create legal liability
to third parties that you would
                                        As the design professional, however,
                                        you cannot avoid every error and
                                                                                Million to Attract
not otherwise have.
   The client is also generally the
                                        omission and should not, therefore,
                                        agree to assume responsibility for
                                                                                Top Students
                                                                                By Pamela Gesme Miller, Director of External Relations
most logical party to take respon-      damages caused by those errors
sibility for pre-existing site condi-   and omissions that did not result          Portland State University’s Maseeh College of
tions — particularly with regard        from negligence.                        Engineering and Computer Science is constructing
to environmental conditions. For            Through insurance you can shift     a $44.5 million building that, along with the Fourth
this reason, it may be appropri-        responsibility for damages arising      Avenue Building (FAB), will house the Northwest Center
ate to have the client indemnify        out of your negligence to a profes-     for Engineering, Science and Technology. This facility is
the consultant for liability result-    sional liability insurance company.     expected to enable PSU to better attract top students
ing from the release of pollution       Note, however, that insurance           and faculty.
arising out of a pre-existing con-      generally protects only against            When it opens in January 2006, the five-story,
dition, provided that the release       negligence. It will not protect you     130,000-square-foot tower will house the departments
was not caused by the negligence        against claims based on breach of       of Civil and Environmental Engineering, and Me-
of the consultant.                      warranty or based on contractual        chanical and Materials Engineering. The adjacent FAB
                                        liability, such as an agreement to      contains the departments of Computer Science;
 Risks best controlled by
construction contractors                cover damages not caused by your        Electrical and Computer Engineering; and Engineering
  The construction contractor           negligence.                             and Technology Management.
has the best ability to manage              The agreement should provide           Watch the progress of this exciting project on the live
and control other risks, such as:       that the consultant is not respon-      webcam at www.cecs.pdx.edu.
• Means, methods and proce-             sible to the owner for liability for
   dures of construction to satisfy     damages and costs resulting from
                                        force majeure events.
                                                                                                                                             9
THE OREGON PROFESSIONAL ENGINEER


           Professional Engineers of Oregon
           19363 Willamette Dr, #243
           West Linn, OR 97068
           peo@oregonengineers.com
           www.oregonengineers.com




                                       ,
                              May 19–21 2005
                              PEO Annual Conference
                              Seven Feathers Hotel & Casino Resort
                              Make your reservations today!
                              800-548-8461
                              You are the stakeholder who will benefit! Gaining Knowledge
                              and Making New Contacts! What do you have to lose?
                              Set your sights on Canyonville, Oregon
                              DISCOVER: Wild Life Safari ♠ Myrtle Creek Golf Course
                              ♠ Free Lounge Show & Entertainment ♠ 1000 Slot Machine
                              For more information go to www.oregonengineers.com




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