Woodblock Architecture ~ C210044 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUSTACCOMPANYEVERYCONTRACT)
Contract Title: Architectural Design Services —PW Building&Niche Number: C210044
Contractor: Wood Block Architecture Contract Total: $20,000
Contract Overview: Schematic Design pahse documents at the Niche. Permit level document, 12ermitting
and construction admin as needed for office remodel at PW Building. PW Tent
structure for permit level document, permitting and construction administration.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager:Tustin James Ext: Department:
Type: ❑ Personal Svc ® Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
❑ Other: Start Date: 11/12/2020_End Date: 06/30/2021
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Wood Block Direct Appointment
Account String: Fund-Division-Account Work Order—ActivitXTT=e Amount
FY 20-21 600-2300-54001 3,270
FY 20-21 TBD PW Remodel 10,200
FY 20-21 TBD PW Tent Structure 5,800
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract# C210044
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
ARCHITECTURAL DESIGN SERVICES
PUBLIC WORKS BUILDING AND NICHE
THIS AGREEMENT, made and entered into this 26`' day of October, 2020, by and between the City of
Tigard, a municipal corporation, hereinafter referred to as the "City," and Wood Block Architecture,
hereinafter referred to as the "Contractor."
RECITALS
WHEREAS,the City's Fiscal Year 2020-2021 budget provides for architectural design services for the Public
Works Building and Niche project; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and
essential to the program of the City; and
WHEREAS, the City desires to engage the Contractor to render professional architectural services for the
project described in this Agreement, and the Contractor is willing and qualified to perform such services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree
as follows:
1. Scope of Services
Contractor will perform professional architectural services in accordance with the terms and conditions
set forth herein, and as provided in Exhibits A and B, which are attached hereto and by this reference
made a part of this Agreement.
2. Effective Date and Duration
This Agreement is effective upon the date of execution and expires on June 30, 2021, unless otherwise
terminated or extended. All work under this Agreement must be completed prior to the expiration of
this Agreement.
3. Compensation
A. The maximum that Contractor may be paid on this Agreement is hereafter the "not to exceed"
amount of Twenty Thousand and No/100 Dollars ($20,000.00) without prior written
authorization. The "not to exceed" amount includes all payments to be made pursuant to this
Agreement,including reimbursable expenses,if any. Nothing in this Agreement requires the City
to pay for work that does not meet the standard of care that would ordinarily be used by similar
professionals in this community in similar circumstances or other requirements of the Agreement.
The actual amount to be paid to Contractor may be less than the "not to exceed" amount.
B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement as
provided below. The City will pay Contractor based on these invoices for acceptable work
performed and approved until the "not to exceed" amount is reached. Thereafter, Contractor
must complete work based on the Agreement without additional compensation unless there is a
change to the scope of work.
C. Any estimate of the hours necessary to perform the work is not binding on the City. Contractor
remains responsible if the estimate proves to be incorrect. Exceeding the number of estimated
hours of work does not impose any liability on the City for additional payment.
D. Payment will be made upon receipt of billings based on the work completed. Contractor will
submit billings to City periodically, but not more frequently than monthly. Payment by the City
releases the City from any further obligation for payment to Contractor for service or services
performed or expenses incurred as of the date of the statement of services. Payment will be made
only for work actually completed as of the date of invoice. Payment will not be considered
acceptance or approval of any work or waiver of any defects therein.
E. Contractor must furnish certified cost records for all billings to substantiate all charges.
Contractor's accounts are subject to audit by the City. Contractor will submit billings in a form
satisfactory to the City. At a minimum, each billing will identify the task order under which such
work is performed, work completed during the billing period, percentage of work completed to
date, and percentage of budget used to date for each task. Billings must also include Contractor's
employer identification number or social security number, as the City deems applicable.
F. General Terms:
1) Contractor must make payments promptly, as due,to all persons supplying labor or materials
for the performance of the work provided for in this Agreement.
2) Contractor may not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
3) Contractor will pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
4) Contractor will pay all contributions or amounts due the Industrial Accident Fund from the
contractor or any subcontractor.
5) If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes due,
City's Finance Director may pay such claim and charge the amount of the payment against
funds due or to become due the Contractor. The payment of the claim in this manner does
not relieve Contractor or their surety from obligation with respect to any unpaid claims.
6) Contractor will promptly,as due,make payment to any person,co-partnership,association,or
corporation,furnishing medical,surgical,and hospital care or other needed care and attention,
incident to sickness or injury, to the employees of Contractor, of all sums that Contractor
agrees to pay for the services and all moneys and sums that Contractor collected or deducted
from the wages of employees pursuant to any law, contract, or agreement for the purpose of
providing or paying for services.
7) Contractor and its employees,if any,are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
8) Contractor must obtain, prior to the execution of any performance under this Agreement, a
City of Tigard Business License. The Tigard Business License is based on a calendar year with
a December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
9) The City certifies that sufficient funds are available and authorized for this Agreement during
the current fiscal year. Funding during future fiscal years is subject to budget approval by
Tigard's City Council.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as instruments of
service, are the property of Contractor; however, the City may request, at no additional cost, one
set of previously approved reproducible drawings, as well as storage device such as thumb drive
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or SD card in "DWG" or "DXF" format, of the original drawings of the work. The City has
unlimited authority to use the materials received from Contractor in any way the City deems
necessary as it relates to the Project for which Contractor is hired through this Agreement.
B. The City may make copies, for the use of and without cost to Contractor, of all of its maps,
records, laboratory tests, or other data pertinent to the work to be performed by the Contractor
pursuant to this Agreement, and also make available any other maps, records, or other materials
available to the City from any other public agency or body.
C. The Contractor will furnish to the City,copies of all maps,records,field notes,and soil tests which
were developed in the course of work for the City and for which compensation has been received
by Contractor at no additional expense to the City, except as provided elsewhere in this
Agreement.
5. Assignment/Delegation
Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment has any force or effect unless and until the other party
has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible
for the acts or omissions of any subcontractors and of all persons employed by them. Neither the
approval by City of any subcontractor nor anything contained herein creates any contractual relation
between the subcontractor and City. The provisions of this Agreement are binding upon and will
inure to the benefit of the parties to the Agreement and their respective successors and assigns.
6. Status of Contractor as IndeVendent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is
not entitled to benefits of any kind to which an employee of City is entitled and is solely
responsible for all payments and taxes required by law. Furthermore,in the event that Contractor
is found by a court of law or any administrative agency to be an employee of City for any purpose,
City is entitled to offset compensation due, or to demand repayment of any amounts paid to
Contractor under the terms of this Agreement, to the full extent of any benefits or other
remuneration Contractor receives (from City or third party) as a result of said finding and to the
full extent of any payments that City is required to make (to Contractor or to a third party) as a
result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
7. Conflict of Interest
The undersigned Contractor hereby represents that no employee of the City, or any partnership or
corporation in which a City employee has an interest, has or will receive any remuneration of any
description from Contractor,either directly or indirectly,in connection with the letting or performance
of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently
employed by the Federal Government and the amount charged does not exceed his or her normal
charge for the type of service provided.
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8. Indemnification
A. City has relied upon the professional ability and training of Contractor as a material inducement to
enter into this Agreement. Contractor represents that all of its work will be performed in accordance
with generally accepted professional practices and standards as well as the requirements of applicable
federal, state, and local laws,it being understood that acceptance of a Contractor's work by City will
not operate as a waiver or release. Acceptance of documents by City does not relieve Contractor
of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Contractor agrees to indemnify, defend, save, and
hold harmless the City of Tigard, its officers, employees, agents, and representatives from all
claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of
whatsoever nature,resulting from or arising out of the negligent actos or omissions or willful acts
of Contractor or its subcontractors, sub-consultants, agents or employees in performance of this
agreement. This duty extends to claims presented at both trial and appeal level,whether or not a
trial or appeal ever takes place including any hearing before federal or state administrative agencies.
If any aspect of this indemnity is found to be illegal or invalid for any reason whatsoever, such
illegality or invalidity does not affect the validity of the remainder of this indemnification.
C. Claims for Professional Liability. Contractor agrees to indemnify,defend, save,and hold harmless
the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or
actions and all expenses incidental to the investigation and defense thereof, arising out of the
professional negligent acts, errors or omissions of Contractor or its subcontractors, sub-
consultants, agents or employees in performance of professional services under this agreement.
Any work by Contractor that results in a design of a facility that is not readily accessible to and
usable by individuals with disabilities will be considered a professionally negligent act, error, or
omission.
D. As used in subsections B and C of this section, a claim for professional liability is a claim made
against the City in which the City's alleged liability results directly or indirectly,in whole or in part,
from the quality of the professional services provided by Contractor, regardless of the type of
claim made against the City in performance of this Agreement. A claim for other than professional
liability is a claim made against the City in which the City's alleged liability results from an act or
omission by Contractor unrelated to the quality of professional services provided by Contractor
in performance of this Agreement.
9. Insurance
Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out
of Contractor's activities or work hereunder,including the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain,at Contractor's expense,and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (CG 2010 1185 or equivalent). This coverage must include Contractual
Liability insurance for the indemnity provided under this contract. The following insurance will
be carried:
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Coverage Limit
General Aggregate $4,000,000
Products-Completed Operations Aggregate $2,000,000
Personal &Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Professional Liability
Contractor must obtain,at Contractor's expense,and keep in effect during the term of this contract,
Professional Liability Insurance covering any damages caused by any actual or alleged negligent act,
error,or omission in the rendering of or failure to render Professional Services.Combined single limit
per claim may not be less than$2,000,000,or the equivalent. Annual aggregate limit may not be less
than$3,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and
non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence may
not be less than $2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract,the Contractor
will obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined
Single Limit per occurrence may not be less than $2,000,000.
D. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
must comply with ORS 656.017,which requires them to provide workers' compensation coverage
that satisfies Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single location within
Oregon for more than 30 days in a calendar year. Contractors who perform work without the
assistance or labor of any employee need not obtain workers' compensation coverage. All non-
exempt employers must provide Employer's Liability Insurance with coverage limits of not less
than $1,000,000 each accident.
E. Additional Insured Provision
All required insurance policies, other than Workers' Compensation and Professional Liability,
must name the City its officers, employees,agents,and representatives as additional insureds with
respect to this Agreement.
F. Extended Reporting Coverage
If any of the required liability insurance is arranged on a "claims-made" basis, Extended Reporting
coverage will be required at the completion of this contract to a duration of 24 months or,if less than
24 months, the maximum time-period Contractor's insurer will provide. Contractor will be
responsible for furnishing certification of Extended Reporting coverage as described or continuous
"claims-made"liability coverage for 24 months following contract completion. Continuous"claims-
made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive
date is on or before the effective date of this contract. Coverage will be endorsed to provide a"per
project"aggregate.
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G. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
H. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If Contractor is self-insured for commercial general liability or
automobile liability insurance, Contractor must provide evidence of such self-insurance.
Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on
a form acceptable to the City. The City reserves the right in its sole discretion to determine
whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates of
Insurance have been received and approved by the City. The certificate will specify and document
all provisions within this contract and include a copy of Additional Insured Endorsement. A
renewal certificate will be sent to the below address prior to coverage expiration.
J. Primary Coverage Clarification
The parties agree that Contractor's coverage is primary to the extent permitted by law. The parties
further agree that other insurance maintained by the City is excess and not contributory insurance
with the insurance required in this section.
K. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability, pollution, and errors and omissions policies required by this Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company, may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring
of such required insurance will not be construed to limit Contractor's liability hereunder.
Notwithstanding said insurance, Contractor is obligated for the total amount of any damage,
injury, or loss caused by Contractor's negligence connected with Contractor's work under this
Agreement.
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10. Method & Place of Submitting Notice, Bills, and Payments
All notices,bills and payments will be made in writing and may be given by personal delivery,mail, or
by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses will be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD WOODBLOCK ARCHCHITECTURE
Attn: Justin James Attn: Tyler Miller
Address: 13125 SW Hall Blvd Address: 827 SW 2nd Ave Ste 300
Tigard, OR 97223 Portland OR 97204
Phone: (503) 718-2589 Phone: (971) 420-0990
Email: Tustin j&tigard-or.gov Email: tylernwblock.com
Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so
faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed given at
the time of actual delivery. Changes may be made in the names and addresses of the person to who
notices, bills, and payments are to be given by giving written notice pursuant to this paragraph.
11. Survival
The terms, conditions, representations, and warranties contained in this Agreement survive the
termination or expiration of this Agreement.
12. Merger
This writing is intended both as a final expression of the Agreement between the parties with respect
to the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement will be effective unless and until it is made in writing and signed by
both parties.
13. Termination Without Cause
At any time and without cause, City has the right in its sole discretion to terminate this Agreement by
giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will
pay Contractor for services rendered to the date of termination.
14. Termination for Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,or at such
later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement
may be modified to accommodate a reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this Agreement is
for any reason denied, revoked, or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an
assignment for the benefit of creditors of Contractor.
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Any such termination of this Agreement under paragraph (A) will be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time specified,
or
2) If Contractor fails to perform any of the other provisions of this Agreement,or fails to pursue
the work as to endanger performance of this Agreement in accordance with its terms, and
after receipt of written notice from City, fails to correct such failures within ten (10) days or
such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of contract)
by Contractor are not exclusive and are in addition to any other rights and remedies provided by
law or under this Agreement.
If City terminates this Agreement under paragraph (B), Contractor will be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,provided, that the City
may deduct the amount of damages, if any, sustained by City due to breach of contract by
Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable
and necessary attorney fees, and other costs of litigation at trial and upon appeal.
15. Access to Records
City will have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
16. Hazardous Materials
Contractor will comply with all federal Occupational Safety and Health Administration (OSHA)
requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon
OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may
release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use
(for example, employees of a construction contractor working on-site), it is the responsibility of
Contractor to provide the City with the following information: all applicable Safety Data Sheet, the
identity of the chemical/s, how Contractor will inform employees about any precautions necessary,
an explanation of any labeling system, and the safe work practices to prevent exposure. In addition,
Contractor must label, tag, or mark such goods.
17. Force Majeure
Neither City nor Contractor will be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy,
civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided
that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and,if feasible,its probable extent. Such notification will
not be the basis for a claim for additional compensation. Each party will,however,make all reasonable
efforts to remove or eliminate such a cause of delay or default and will, upon cessation of the cause,
diligently pursue performance of its obligation under the Agreement.
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18. Non-Waiver
The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
19. Hours of Labor,Pay Equity
In accordance with ORS 279B.235,the following are hereby incorporated in full by this reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in
any one week, except as provided by law. For contracts for personal services, as defined in ORS
279A.055, Contractor must pay employees at least time and a half pay for all overtime the
employees work in excess of 40 hours in any one week, except for employees who are excluded
under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract, either at the
time of hire or before commencement of work on the contract,or by positing a notice in a location
frequented by employees, of the number of hours per day and days per week that the employees
may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate
of wage,salary,benefits or other compensation with another employee or another person and may
not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or
other compensation with another employee or another person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material
element of this Agreement and failure to comply will be deemed a breach that entitles City to
terminate this Agreement for cause.
20. Non-Discrimination
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
21. Errors
Contractor will perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
22. Extra Work, Changes
Only the City's Project Manager for this Agreement may change or authorize additional work. Failure
of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the
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contract price or contract time due to such unauthorized extra work and Contractor will not be entitled
to compensation for the performance of unauthorized work.
23. Warranties
Contractor will guarantee work for a period of one year after the date of final acceptance of the work
by the owner. Contractor warrants that all practices and procedures,workmanship and materials are
the best available unless otherwise specified in the profession. Neither acceptance of the work nor
payment therefore relieves Contractor from liability under warranties contained in or implied by this
Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's services
rendered in the performance of Contractor's obligations under this Agreement, will be provided to
the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or
assignment, and be free and clear of any and all liens, claims, mortgages, security interests, liabilities,
charges, and encumbrances of any kind.
24. Attorney's Fees
In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of
the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses,
costs and disbursements for the action, suit,proceeding, or appeal.
25. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon
Circuit Court in Washington County or the U.S. District Court for Oregon, Portland.
26. Compliance with State and Federal Laws/Rules
Contractor will comply with all applicable federal, state and local laws,rules and regulations applicable
to the work in this Agreement.
27. Conflict Between Terms
In the event of a conflict between the terms of this Agreement and Contractor's proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the Agreement
and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the
event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control.
28. Audit
Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequate performance and accurate expenditures within the contract period.
Contractor agrees to permit City,the State of Oregon,the federal government,or their duly authorized
representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of
funds.
29. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired
unless the illegal or unenforceable provision affects a significant right or responsibility, in which case
the adversely affected party may request renegotiation of the Agreement and,if negotiations fail, may
terminate the Agreement.
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30. Compliance with Tax Laws
Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge,
not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters
316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political
subdivision of this state before the Contractor executed this Agreement or during the term of this
Agreement is a default for which the City may terminate this Agreement and seek damages and other
relief available under the terms of this Agreement or applicable law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly
authorized officials.
CITY OF TIGARD WOODBLOCK Architecture
Signature- Si aturezyi
Name: Name: Brian Peters
Title: Title: Managing Principal
Date: Date: 11.12.20
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EXHIBIT A
SCOPE OF SERVICES
Contractor agrees to provide professional architectural services for 3 projects with the City.
PROTECT SITES
IT BUILDING—NICHE
The proposed project is for schematic design phase documents and a meeting with a Tigard Building Official
to determine code impacts of proposed work. The deliverables for this work will be floor plans of the existing
building and proposed alterations, coordination with IT department on proposed alterations, a meeting with
a building official to review plans and outline all project impacts with attention to previously identified exiting
and accessibility conditions. Architectural services will be provided based on the following understanding of
project scope. If any project or scope change a change order and/or amendment will be issued.
Project Program:
• Create floor plans of new proposed work in existing building
• Coordinate alterations with client
• Participate in a meeting with a building official to review proposed plans and identify project impacts
to existing building
Assumptions:
• Contractor will arrange meeting with City's Building Official
Contractors fees are estimated based on the assumed program and are subject to adjustment should the
program or design change. Significant modifications to the scope will be provided in a timely manner to be
approved by City's project manager.
A. Architectural Scope of Services—IT Building
a. Floor Plans of proposed work:
i. Model the work in Revit
ii. Coordination through email and calls as needed to confirm desired layout
iii. Produce documents to submit to building official
b. Deliverables
i. Floor plans of proposed work
c. Cost
i. $2,150
B. Meeting with plans examiner
a. Review proposed plans with a city building official either in person or virtually.
b. Discuss project impacts and known code conformance issues and receive official response from
the city to determine extent of work needed in construction documents.
c. Deliverables
i. Meeting summary report to confirm requirements associated with new work planned
d. Cost
i. Hourly Estimate: $1,120
PUBLIC WORKS BUILDING
The proposed project is for permit level documents, permitting and construction administration as needed
for the office remodel work in the Public Works Building. Revit model will be built from provided CAD files
12 1 Page
instead of field survey measurements. Deliverable will be permit level documents required for Tenet
Improvement (TI) building permit. Contractor will submit all necessary documents and forms to the city and
make revisions as necessary during plan review to obtain building permit. The awarded General Contractor
from designed plans will coordinate all Mechanical Electrical and Plumbing(MEP) subcontractors for specific
plans. Architectural services will be provided based on the following understanding of the project scope,
should the scope or timelines change dramatically a change order will be issued and approved by the City.
Project Program:
• Model existing building in Revit from city provided CAD files
• Cover Sheet
• Code analysis for scope of project
• Accessibility sheets
• Create full demo plans/floor plans of new proposed work in the existing building
• Reflected ceiling plans to coordinate lighting changes
• Work with City to develop details as needed for a new counter and walk-up window.
• Participate in Bid walk through with contractors and answer scope questions prior to bid.
• Permitting
• Construction Administration as needed
Assumptions
• Provided CAD floor plan files accurately depict the built condition
• MEP will be bidder-design by General Contractor
• Project documents will be limited to approved permit level documents, with all means and methods
by General Contractor
• No modifications will be required to parking lot or exterior of building
• No land use adjustments or design review will be required
• City will select furniture and fixtures, coordinating any required shop drawings for GC.
Fees are estimated based on assumed program and subject to adjustment based on any changes in program
or design change approved by city and project manager.
A. Architectural Scope of Services—Public Works Building
a. Permit Documents of proposed work
i. Model the work in Revit
ii. Coordination through email and calls as needed to confirm desired layout
iii. Produce documents to submit for TI building permit
1. Contractor will submit all TI building permits.
iv. Deliverables
1. Cover sheet
2. Code Summary
3. Accessibility sheets
4. Floor/Demo plans
5. Reflected Ceiling Plan (RFP)
6. Details as required
7. Cost Estimate $6,000
b. Permitting
i. Submit permit documents and application forms to city
13 Page
ii. Make up to (1) subsequent correction submittal, as required, to attain a permit. Correction
responses will occur after receiving all necessary plan review comments and will be submitted
as a single package
iii. Deliverables
1. Permit Documents
2. Building permit
iv. Cost
1. Hourly estimate $1,400
c. Construction Administration
i. Provide direction as needed on any scope related issues that arise during construction
ii. Respond to BFI's
iii. Participate in pre-bid walk through
iv. Coordinate answers to all bidders questions for clarification with city.
v. Deliverables
1. Responses to RFI's as needed during construction
vi. Cost
1. Hourly Estimate $2,800
B. Reimbursable Expenses
Any reimbursable services requires, which included copying, mileage, consultants and in-house
plotting will be provided at a rate of 1.10 times cost
Total Cost Estimate for Public Works Tenant Improvement$10,200
PUBLIC WORKS TENT STRUCTURE
The proposed project is for permit level documents, permitting and construction administration as needed
for the tent structure adjacent to the lunchroom at the Public Works building. Revit model will be built from
provided CAD files instead of field survey measurements. Deliverable will be permit level documents required
for building permit. Contractor will submit all necessary documents and forms to the city and make revisions
as necessary during plan review to obtain a building permit. Required structural drawings and documents
from tent manufacturer will be under a separate contract. The GC will coordinate all bidder-design
subcontractors. Architectural services will be provided based on the following understanding of the project
scope, should the scope or timelines change listed fees may change with approval of City.
Project Program:
• Model building in Revit from city provided CAD file
• Model new tent structure
• Cover sheet
• Code analysis and FLS sheet for scope of project
• Accessibility sheets
• Floor plan of new proposed work
• Coordinate with structural and tent manufacturer
• Permitting
• Construction Administration as needed
Assumptions:
• Provided CAD floor plan files accurately depict the built condition
• MEP will be bidder-design by General Contractor
14 Page
• Project documents will be limited to permit level,with all means and methods by General Contractor
• No modifications will be required to parking or exterior
• No land use adjustments or design review will be required
Fees are estimated based on assumed program and subject to adjustment based on any changes in program
or design change approved by city and project manager.
A. Architectural Scope of Services
a. Permit Documents of Proposed Work
i. Model the work in Revit
ii. Coordination through email and calls as needed to confirm desired layout
iii. Produce documents to submit for TI building permit
iv. Deliverables
1. Cover sheet
2. Code Summary
3. Accessibility sheets
4. Floor/Demo plans
5. RCP
6. Details as required
v. Cost$3,000
b. Permitting
i. Submit permit documents and application forms to City
ii. Make up to 1 subsequent correction submittal, as required, to attain a permit. Correction
responses will occur after receiving all necessary plan review comments and will be submitted
as a single package
iii. Deliverables
1. Permit documents
2. Building permit
iv. Cost—Hourly estimate $1,400
c. Construction Administration:
i. Provide direction as needed on any scope related issues that arise during construction
ii. Respond to RFI's
iii. Deliverables
1. Responses to RFI's as needed during construction
iv. Cost—Hourly estimate $1,400
Total cost for Public Works Tent- $5,800
15 1 Page
EXHIBIT B
CONTRACTOR'S PROPOSAL
16 1 Page
WOOD
BLOCK
ARCH ITECTUKE
503.889.0604
827 SW 2ND AVE #300
PORTLAND, OREGON 97204
WBLOCK.COM
October 22, 2020
Fee and Scope Proposal for:
City of Tigard
Justin James
13125 SW Hall Boulevard
Tigard, OR 97223
Project: City of Tigard IT Offices
8720 SW Burnham St
Tigard, OR 97223
Dear Justin,
Thank you for this opportunity to provide architectural services for these 3 projects in Tigard, OR. This proposal will
cover the estimated fees for each project based on the scope as we understand it now. The projects include a
schematic design phase for the IT building remodel, an office remodel in the Public Works building, and a tent
structure adjacent to the lunchroom in the Public Works building.
IT Building
The proposed project is for schematic design phase documents and a meeting with a Tigard building official to
determine code impacts of the proposed work. The deliverables for this work will be floor plans of the existing
building and proposed alterations, coordination with IT department on proposed alterations, a meeting with a
building official to review plans and outline all project impacts with attention to previously identified exiting and
accessibility conditions. Architectural services will be provided based on the following understanding of project
scope, should the scope or timelines change dramatically, it will change the below fees.
Project Program:
• Create floor plans of new proposed work in the existing building
• Coordinate alterations with client
• Participate in a meeting with a building official to review proposed plans and identify project impacts to
existing building.
Assumptions:
• We will be able to arrange a meeting with a building official.
Our fees have been estimated based on this assumed program and are subject to adjustment should the program or
design change. Significant modifications to the scope will be provided through additional services on an as-needed
basis.
I. Architectural Scope of Services
A. Floor Plans of proposed work:
• Model the work in Revit
• Coordination through email and calls as needed to confirm desired layout
• Produce documents to present to building official in a meeting
• Deliverables
• Floor plans of proposed work
Lump Sum: $2,150.00
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B. Meeting with plans examiner:
• Review proposed plans with a Tigard building official either in person or in a virtual meeting.
• Discuss project impacts and known code conformance issues and receive official response from the
city to determine extent of work needed in construction documents.
• Deliverables
• Meeting summary report to confirm requirements associated with new work planned.
Hourly Estimate: $1,120.00
II. Reimbursable Expenses:
Any reimbursable services required, which include copying, mileage, consultants and in-house plotting
will be provided at a rate of 1.10 times cost.
Fee Estimate for Services Listed (SD): $3,270.00
III. Billing Schedule
Project billings will occur at completion of each design phase and monthly during construction.
IV. Woodblock Architecture Hourly Rates: Rates are valid for current year only and are subject to change
January 1 of next calendar year.
$17o/hr. = Principal, Architect
$15o/hr. = Sr. Designer
$14o/hr. = Designer
$13o/hr. = Jr. Designer
$12o/hr. = Intern
$95/hr. = Office Administration
V. Exclusions:
1. Construction Documents
2. Design Development
3. Permitting
4. Bidding
S. Construction Administration
6. Permit Application and Building permit fees (to be billed as a reimbursable @ 1.10 times cost if paid
by Woodblock Architecture
7. Design Review Drawings
8. Revisions to design, documents, scope following SD phase
9. Picking up permit
10. Site/Exterior modifications
11. Security design
12. Kitchen Layout and Equipment Selection
13. MEPS coordination
14. Appeals, variances, hearings, entitlements
15. Arborist Report (to be provided by owner)
16. ALTA/Topographic Survey (to be provided by owner)
17. Geotechnical Report (to be provided by owner)
18. Infiltration Test (to be provided by owner)
PAGE 2
19. Traffic Study (to be provided by owner)
20. Fire Sprinkler/Alarms design
21. Hazardous Materials Mitigation
22. Presentation 3d or Color Renderings
23. Cost Estimating
24. Value Engineering
25. Landscape/Irrigation Design
26. Coordination with any 3rd Parties
27. Lease documents/exhibits
28. Marketing Materials
29. Interior Finish/Fixture Selection
30. Signage/Graphics Design
31. Additional reports, exhibits or surveys required by AHJ or owner
32. Sustainability certifications
33. Zoning and land use approvals
34. Project Manual
35. Lighting calculations if required
Public Works Building
The proposed project is for permit level documents, permitting, and construction administration as needed for the
office remodel work in the Public Works building. Revit model will be built from provided CAD files instead of field
survey measurements. Deliverables will be permit level documents required for TI building permit. Woodblock will
submit all necessary documents and forms to the city and make revisions as necessary during plan review to obtain a
building permit. The GC will coordinate all bidder-design subcontractors. Architectural services will be provided
based on the following understanding of the project scope, should the scope or timelines change dramatically it will
change the below fees.
Project Program:
• Model existing building in Revit from client provided CAD file
• Cover sheet
• Code analysis for scope of project
• Accessibility sheets
• Create demo plans /floor plans of new proposed work in the existing building
• Reflected Ceiling plans to coordinate lighting changes
• Work with client to develop details as needed for the new counter and walk-up window
• Participate in Bid walk with contractors and answer scope questions prior to bids
• Permitting
• Construction Administration as needed
Assumptions:
• Provided CAD floor plan files accurately depict the built condition
• MEP will be bidder-design by General Contractor
• Project documents will be limited to permit level, with all means and methods by General Contractor
• No modifications will be required to parking or exterior
• No land use adjustments or design review will be required
• Client will select furniture and fixtures, coordinating any required shop drawings for GC.
our fees have been estimated based on this assumed program and are subject to adjustment should the program or
design change. Significant modifications to the scope will be provided through additional services on an as-needed
basis.
PAGE 3
VI. Architectural Scope of Services
C. Permit documents of proposed work:
• Model the work in Revit
• Coordination through email and calls as needed to confirm desired layout
• Produce documents to submit for TI building permit
• Deliverables
• Cover sheet
• Code Summary
• Accessibility sheets
• Floor/ Demo plans
• RCP
• Details as required
Lump Sum: $6,000.00
D. Permitting:
• Submit permit documents and application forms to city
• Make up to (1) subsequent correction submittal, as required, to attain a permit. Correction responses
will occur after receiving all necessary plan review comments and will be submitted as a single
package.
• Deliverables
• Permit documents
• Building permit
Hourly Estimate: $1,400.00
E. Construction Administration:
• Provide direction as needed on any scope related issues that arise during construction
• Respond to RFIs
• Participate in bid walk
• Coordinate answers to bidder questions for clarification with client
• Deliverables
• Responses to RFIs as needed during construction
Hourly Estimate: $2,800.00
VII. Reimbursable Expenses:
Any reimbursable services required, which include copying, mileage, consultants and in-house plotting
will be provided at a rate of 1.10 times cost.
Fee Estimate for Services Listed (Office TO: $10,200.00
VIII. Billing Schedule
Project billings will occur at completion of each design phase and monthly during construction.
IX. Woodblock Architecture Hourly Rates: See item IV above.
X. Exclusions:
36. Design Development
37. Design Review Drawings
38. Revisions to design, documents, scope
39. Picking up permit
40. Site/Exterior modifications
41. Security design
42. Kitchen Layout and Equipment Selection
43. MEPS coordination
44. Appeals, variances, hearings, entitlements
45• Arborist Report (to be provided by owner)
46. ALTA/Topographic Survey (to be provided by owner)
47. Geotechnical Report (to be provided by owner)
48. Infiltration Test (to be provided by owner)
49. Traffic Study (to be provided by owner)
5o. Fire Sprinkler/Alarms design
51. Hazardous Materials Mitigation
52. Presentation 3d or Color Renderings
53. Cost Estimating
54• Value Engineering
55• Landscape/Irrigation Design
56. Coordination with any 3rd Parties
57. Lease documents/exhibits
58. Marketing Materials
59. Interior Finish/Fixture Selection
6o. Signage/Graphics Design
61. Additional reports, exhibits or surveys required by AHJ or owner
62. Sustainability certifications
63. Zoning and land use approvals
64. Project Manual
65. Lighting calculations if required
Public Works Tent Structure
The proposed project is for permit level documents, permitting, and construction administration as needed for the
tent structure adjacent to the lunchroom at the Public Works building. Revit model will be built from provided CAD
files instead of field survey measurements. Deliverables will be permit level documents required for building permit.
Woodblock will submit all necessary documents and forms to the city and make revisions as necessary during plan
review to obtain a building permit. Required structural drawings and documents from tent manufacturer will be
under separate contracts. The GC will coordinate all bidder-design subcontractors. Architectural services will be
provided based on the following understanding of the project scope, should the scope or timelines change
dramatically it will change the below fees.
Project Program:
• Model building in Revit from client provided CAD file
• Model new tent structure
• Cover sheet
• Code analysis and FLS sheet for scope of project
• Accessibility sheets
• Floor plan of new proposed work
• Coordinate with structural and tent manufacturer
• Permitting
• Construction Administration as needed
PAGE 5
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Assumptions:
• Provided CAD floor plan files accurately depict the built condition
• MEP will be bidder-design by General Contractor
• Project documents will be limited to permit level, with all means and methods by General Contractor
• No modifications will be required to parking or exterior
• No land use adjustments or design review will be required
Our fees have been estimated based on this assumed program and are subject to adjustment should the program or
design change. Significant modifications to the scope will be provided through additional services on an as-needed
basis.
XI. Architectural Scope of Services
F. Permit documents of proposed work:
• Model the work in Revit
• Coordination through email and calls as needed to confirm desired layout
• Produce documents to submit for TI building permit
• Deliverables
• Cover sheet
• Code Summary
• Accessibility sheets
• Floor/ Demo plans
• RCP
• Details as required
Lump Sum: $3,000.00
G. Permitting:
• Submit permit documents and application forms to city
• Make up to (1) subsequent correction submittal, as required, to attain a permit. Correction responses
will occur after receiving all necessary plan review comments and will be submitted as a single
package.
• Deliverables
• Permit documents
• Building permit
Hourly Estimate: $1,400.00
H. Construction Administration:
• Provide direction as needed on any scope related issues that arise during construction
• Respond to RFls
• Deliverables
• Responses to RFls as needed during construction
Hourly Estimate: $1,400.00
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XII. Reimbursable Expenses:
Any reimbursable services required, which include copying, mileage, consultants and in-house plotting
will be provided at a rate of 1.10 times cost.
Fee Estimate for Services Listed (Tent): $5,800.00
XIII. Billing Schedule
Project billings will occur at completion of each design phase and monthly during construction.
XIV. Woodblock Architecture Hourly Rates: See item IV above.
XV. Exclusions:
66. Design Review Drawings
67. Revisions to design, documents, scope
68. Picking up permit
69. Site/Exterior modifications
70. Security design
71. Kitchen Layout and Equipment Selection
72. MEPS coordination
73. Appeals, variances, hearings, entitlements
74. Arborist Report (to be provided by owner)
75. ALTA/Topographic Survey (to be provided by owner)
76. Geotechnical Report (to be provided by owner)
77• Infiltration Test (to be provided by owner)
78. Traffic Study (to be provided by owner)
79. Fire Sprinkler/Alarms design
80. Hazardous Materials Mitigation
81. Presentation 3d or Color Renderings
82. Cost Estimating
83. Value Engineering
84. Landscape/Irrigation Design
85. Coordination with any 3rd Parties
86. Lease documents/exhibits
87. Marketing Materials
88. Interior Finish/Fixture Selection
89. Signage/Graphics Design
9o. Additional reports, exhibits or surveys required by AHJ or owner
91. Sustainability certifications
92. Zoning and land use approvals
93. Project Manual
94• Lighting calculations if required
XVI. Contract Documents:
The contract documents consist of this Fee and Scope Proposal along with the one-page
Attachment A Terms and Conditions.
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Attachment A: An Agreement for the Provisions of Limited Professional Services
Terms and Conditions
Agreement
The terms and conditions contained herein shall apply to the agreement between Woodblock Architecture, Inc. (hereinafter
"WAI") and the Client(hereinafter"Client") listed as such on the attached Fee Proposal (hereinafter"Proposal").
Fee
Woodblock Architecture, Inc. shall perform the services outlined in the attached Proposal according to the stated fee
arrangement.
Access to Site
Unless otherwise stated, WAI will have access to the site for the activities necessary for the performance of the services
contemplated in the attached Fee Proposal. WAI shall not be responsible for any damages which may arise due to these activities.
The remediation of any such damages shall be the sole responsibility of the Client.
Permit Expediting and Plan Check Correction Fees
Permit expediting fees are a base fee minimum which shall be stipulated in the Proposal.The base fee includes 2 trips to the
jurisdiction maximum. Base fee will not be exceeded unless authorized by the Client in writing. Excessive plan revisions due to
jurisdictional requirements will be billed on an hourly basis with written authorization by the Client.
Fee
The fee's listed in the Proposal, except when stated as a stipulated sum, shall be understood to be only an estimate, based upon
the Scope of Service, and shall not be exceeded without written approval of the Client. Reimbursable expenses will be billed at
cost times 1.10 and will include but not be limited to travel expenses in connection with the project(gas mileage to be
reimbursed at$0.565/mile), plots, consultant fees, reproductions, postage and delivery charges.
Billing/Payments
Invoices will be submitted monthly for services and are due when tendered. Invoices shall be considered PAST DUE if not paid
within 3o days after the invoice date and WAI, may,without waiving any claim or right against the Client and without liability
whatsoever to the Client,terminate the performance of the service if the invoice is more than io days PAST DUE. Retainers shall
be credited on the final invoice only and shall not be applied to progress billings. A monthly service charge of 1.5%of the unpaid
balance (18% per annum)will be added to the PAST DUE accounts. In the event any portion or all of an account remains unpaid go
days after billing, the Client shall pay cost of collection, including reasonable attorney's fees.
Indemnifications
The Client shall defend, indemnify and hold harmless WAI and all of its personnel from and against any and all claims, damages,
losses and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services,
provided that any such claims, damage, loss or expense is caused in whole or in part by the negligent act or omission and/or
strict liability of the Client, anyone directly or indirectly employed by the Client(except WAI) or anyone for whose acts any of
them may be liable.
Hidden Conditions
When advised by WAI, investigation of structural conditions concealed by existing finishes shall be authorized and paid for by the
Client. Where investigation is NOT authorized by the Client, WAI shall not be responsible for the condition of the existing
structure.
Risk Allocation
In recognition of the relative risks, rewards and benefits of the project to both the Client and WAI,the risks have been allocated so
that the Client agrees that,to the fullest extent permitted by law, WAI's total liability to the Client for any and all injuries, claims,
losses, expenses, damages or claim expenses arising out of this agreement,from any or causes, shall not exceed the total amount
of$1o,000 or the amount of WAI's fee (whichever is less). Such cases include, but are not limited to, WAI's negligence, errors,
omissions, strict liability, and breach of contract or breach of warranty. Higher limits are available at additional cost prior to
commencement of services.
Termination of Services
This agreement may be terminated by the Client or WAI should the other fail to perform their obligations hereunder. In the event
of termination, the Client shall pay WAI for all services rendered to the date of termination, all reimbursable expenses, and
reasonable termination expenses.
Ownership of Documents
All documents produced by WAI under this agreement shall remain the sole and exclusive property of WAI and may not be used
by the Client for any other endeavor without the written consent of WAI.
Governing Law
Unless otherwise specified,this agreement shall be governed by the laws of the State of Oregon.
Approved Date
Proposal By: TJM
PAGE 8