LRS Architects, Inc. ~ 7-1077 CITY OF TIGARD,OREGON
ARCHITECTURAL SERVICES AGREEMENT
BUILDING REMODEL DESIGN&CONSTRUCTION OVERSIGHT-PW FACILITIES
THIS AGREEMENT, made and entered into this 25th day of October, 2006, by and between the City
of Tigard, a municipal corporation, hereinafter referred to as the "City," and LRS .Architects Inc;,
whose authorized representative is Paul Boundy, AIA, and having a principal being a registered
architect of the State of Oregon, hereinafter referred to as the "Architect."
RECITALS
WHEREAS, the City's Fiscal Year 2Q,, .0 budget provides for the services of an Architect for the
design and construction of PW Facrhfies din Rernodel'Des ` 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 Architect to render professional architectural services for
the project described in this Agreement, and the Architect 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. Architect's Scope of Services
The Architect shall perform professional architectural services relevant to the Project in
accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, which is
attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution by the City's Local Contract
Review Board, and shall expire, unless otherwise terminated or extended, on completion of the
work or June 30, 20 whichever comes first. All work under this Agreement shall be completed
prior to the expiration of this Agreement.
3. Architect's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 of this Agreement,
and for services required in the fulfillment of Paragraph 1, the Architect shall be
paid on an hourly rate based upon the "Schedule of Rates" in Exhibit I of this
agreement, which shall constitute full and complete payment for said services
and all expenditures which may be made and expenses incurred, except as
otherwise expressly provided in this Agreement. The Basic Fee shall not exceed
the amount of FLftyFive`Thousand Nme£ undied Fire and:00%1.00 dollars
(55.15,P6154 without prior written authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope
of Services to be provided by the Architect and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual
construction cost differs from the estimated construction cost, the Architect's
Architectural Services Agreement-Page 1
Rev. -03/22/02
compensation will not be adjusted unless the Scope of Services to be provided
by the Architect changes and is authorized and accepted by the City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings
shall be submitted by the .Architect periodically, but not more frequently than monthly.
Payment by the City shall release the City from any further obligation for payment to
the engineer for service or services performed or expenses incurred as of the date of the
statement of services. Payment shall be made only for work actually completed as of
the date of invoice. Payment shall not be considered acceptance or approval of any
work or waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Architect shall furnish or acquire for the
City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Architect shall furnish certified cost records for all billings pertaining to other than
lump sum fees to substantiate all charges. For such purposes, the books of account of
the Architect shall be subject to audit by the City. The Architect shall complete work
and cost records for all billings on such forms and in such manner as will be satisfactory
to the City.
E. Contract Identification
The Architect shall furnish to the City its employer identification number, as designated
by the Internal Revenue Service, or social security number, as the City deems
applicable.
F. Payment—General
1) Architect shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Architect shall pay employees at least time and a half pay for all overtime
worked in excess of 40 hours in any one week except for individuals under the
contract who are excluded under ORS 653.010 to 653.261 or under 29 USC
sections 201 to 209 from receiving overtime.
3) Architect shall promptly, as due, make payment to any person, co-partnership,
association or corporation, famishing medical, surgical and hospital care or
other needed care and attention incident to sickness or injury to the employees of
Architect or all sums which Architect agrees to pay for such services and all
moneys and sums which Architect collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of
providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
5) Architect shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Architect shall not
permit any lien or claim to be filed or prosecuted against the City on any
account of any service or materials furnished.
Architectural Services Agreement-Page 2
Rev. -03/22/02
6) If Architect fails, neglects or refuses to make prompt payment of any claim for
labor, materials, or services fumished to Architect, sub-consultant or
subcontractor by any person as such claim becomes due, City may pay such
claim and charge the amount of the payment against funds due or to become due
to the Architect. The payment of the claim in this manner shall not relieve
Architect or their surety from obligation with respect to any unpaid claims.
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 and shall remain, the property of the Architect; however, the
City shall be furnished, at no additional cost, one set of previously approved
reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in
"DWG" or "DXF" format, of the original drawings of the work. The City shall have
unlimited authority to use the materials received from the Architect in any way the City
deems necessary.
B. The City shall make copies, for the use of and without cost to the Architect, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by
the Architect 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 Architect shall 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 the Architect at no additional expense to the City
except as provided elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect whatsoever
unless and until the other party has so consented. If City agrees to assignment of tasks to a
subcontract, Architect shall be fully responsible for the acts or omissions of any subcontractors
and of all persons employed by them, and neither the approval by City of any subcontractor nor
anything contained herein shall be deemed to create any contractual relation between the
subcontractor and City.
6. Architect is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Architect's work product is satisfactory and consistent with this agreement, but
Architect is not subject to the direction and control of the City. Architect shall be an
independent contractor for all purposes and shall be entitled to no compensation other
than the compensation provided for under Section 3 of this Agreement.
B. Architect is an independent contractor and not an employee of City. Architect
acknowledges Architect's status as an independent contractor and acknowledges that
Arcltect is not an employee of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Architect to
provide services under this contract are employees of Architect and not of City.
Architect acknowledges that it is not entitled to benefits of any kind to which a City
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law.
Architectural Services Agreement-Page 3
Rev. - 03/22/02
Furthermore, in the event that Architect is found by a court of law or an administrative
agency to be an employee of the City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Architect under the
terms of the agreement, to the full extent of any benefits or other remuneration
Architect 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 Architect or to a third party) as
a result of said finding.
C. The undersigned Architect 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 the Architect, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
D. If this payment is to be charged against Federal funds, Architect certifies that he/she is
not currently employed by the Federal Government and the amount charged does not
exceed his/her normal charge for the type of service provided.
E. Architect 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.
F. Architect certifies that it currently has a City business tax receipt or will obtain one
prior to delivering services under this Agreement.
G. Architect is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training of the Architect as a material
inducement to enter into this Agreement. Architect represents to the City that the work
under this contract will be performed in accordance with the professional standards of skill
and care ordinarily exercised by members of the architectural profession under similar
conditions and circumstances as well as the requirements of applicable federal, state and
local laws, it being understood that acceptance of an Architect's work by the City shall not
operate as a waiver or release. Acceptance of documents by City does not relieve
Architect of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability.Architect shall defend, save and hold harmless
the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and
all expenses incidental to the investigation and defense thereof, of whatsoever nature,
including intentional acts resulting from or arising out of the activities of Architect or its
subcontractors, sub-consultants, agents or employees under this contract. If any aspect of
this indemnity shall be found to be illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the validity of the remainder of this indemnification.
C. Claims for Professional Liability. Architect shall defend, save and hold harmless the City
of Tigard, its officers, agents, and employees from all claims, suits, or actions and all
expenses incidental to the investigation and defense thereof, arising out of the professional
Architectural Services Agreement-Page 4
Rev. - 03/22/02
negligent acts, errors or omissions of Architect or its subcontractors, sub-consultants,
agents or employees in performance of professional services under this agreement. Any
design work by Architect that results in a design of a facility that is not readily accessible
to and usable by individuals with disabilities shall be considered a professionally negligent
act, error or omission.
D. As used in subsections B and C of this section, a claim for professional responsibility 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
Architect, regardless of the type of claim made against the City. A claim for other than
professional responsibility is a claim made against the City in which the City's alleged
liability results from an act or omission by Architect unrelated to the quality of
professional services provided by Architect.
8. Insurance
Architect and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly or
indirectly out of Architect's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is primary
insurance with respect to the interests of City and that any other insurance maintained by City is
excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Architect and its subcontractors shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance
Architect shall obtain, at Architect'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 (1996 ISO or equivalent). This coverage
shall include Contractual Liability insurance for the indemnity provided under this
contract. The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage(Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Professional Liability
Architect shall obtain, at Architect's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by an error,
omission or any negligent acts. Combined single limit per occurrence shall not be less
than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than
$2,000,000 and filed on a"claims-made"form.
C. Commercial Automobile Insurance
Architectural Services Agreement-Page 5
Rev. - 03/22/02
Architect shall also obtain, at architect's expense, and keep in effect during the term of
the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile
Liability coverage on an "occurrence" form including coverage for all owned, hired,
and non-owned vehicles. The Combined Single Limit per occurrence shall not be less
than $1,000,000.
D. Workers' Compensation Insurance
The Architect, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are subject employers under the Oregon Workers'
Compensation Law and shall 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. Architects who perform work without the assistance or labor
of any employee need not obtain such coverage. This shall include Employer's
Liability Insurance with coverage limits of not less than $100,000 each accident.
E. Additional Insured Provision
The Commercial General Liability Insurance Policy and other policies the City deems
necessary shall include the City its officers, directors, and employees as additional
insureds with respect to this contract. Coverage will be endorsed to provide a per
project aggregate.
F. Extended Rqporting Coverage
If any of the aforementioned 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 the maximum time period the Architect's insurer will provide
such if less than 24 months. Architect will be responsible for furnishing certification of
Extended Reporting coverage as described or continuous "claims-made" liability
coverage for 24 months following contract completion. Continuous "claims-made"
coverage will be acceptable in lieu of Extended Reporting coverage, provided its
retroactive date is on or before the effective date of this contract. Coverage will be
endorsed to provide a per project aggregate.
G. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate limits or intent
not to renew insurance coverage without 30 days written notice to the City. Any failure
to comply with this provision will not affect the insurance coverage provided to the
City. The 30 days notice of cancellation provision shall be physically endorsed on to
the policy.
H. Insurance Carrier Rating
Coverage provided by the Architect must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s)with an unacceptable financial rating.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Architect shall
fiirnish a Certificate of Insurance to the City. No contract shall be effected until the
Architectural Services Agreement-Page 6
Rev. - 03/22/02
required certificates have been received and approved by the City. The certificate will
specify and document all provisions within this contract. A renewal certificate will be
sent to the address below ten days prior to coverage expiration.
J. Primary Coverage Clarification
The parties agree that Architect's coverage shall be 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 contract.
Architect's insurance policy shall contain provisions that such policies shall not be canceled or
their limits of liability reduced without 30 days prior notice to City. A copy of each insurance
policy, certified as a true copy by an authorized representative of the issuing insurance
company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City
certifying to the issuance of such insurance shall be forwarded to:
Ro��l�iurchas4n
City of Tigard Business Phone 503-639-4171,Ext. 2699
13125 SW Hall Blvd. Business Fax: 44'
Tigard, Oregon 97223 Email Address NW@tigard-or.gov
Such policies or certificates must be delivered prior to commencement of the work. Thirty
days cancellation notice shall be provided City by certified mail to the name at the address
listed above in event of cancellation or non-renewal of the insurance.
The procuring of such required insurance shall not be construed to limit Architect's liability
hereunder. Notwithstanding said insurance, Architect shall be obligated for the total amount of
any damage, injury, or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Architect. If City terminates the contract pursuant to this
paragraph, it shall pay Architect for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to Architect,
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.
Architectural Services Agreement-Page 7
Rev. -03/22/02
4 .
3) If any license or certificate required by law or regulation to be held by Architect,
its subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Architect becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Architect, if a receiver or trustee is appointed
for Architect, or if there is an assignment for the benefit of creditors of
Architect.
Any such termination of this agreement under paragraph (A) shall 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 Architect, may
terminate the whole or any part of this Agreement:
1) If Architect fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Architect fails to perform any of the other provisions of this Agreement, or so
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 days or such other period as City may authorize.
3) If Architect fails to eliminate a conflict as described in Section 14 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Architect shall not be 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), Architect shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Architect bear to the total services otherwise required
to be performed for such total fee; provided, that there shall be deducted from such
amount the amount of damages, if any, sustained by City due to breach of contract by
Architect. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Architect 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.
12. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall 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 shall be used to transmit notices,bills,payments, and other information:
Architectural Services Agreement-Page 8
Rev. -03/22/02
{I
CITY OF TIGARD
gb Marchison Business Phone: 503-639-4171 ext 2699
13125 SW Hall Blvd. Business Fax: 503-684-8840
Tigard, Oregon 97223 Email Address:robm@tigard-or.gov
CONTRACTOR
LRS Architects, Inc. Business Phone: 503-221-1121
1121 SW Salmon, Ste. 100 Business Fax: 503-221-2077
Portland, OR 972.5 Email Address:4_._v`'
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall 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.
13. 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 shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional Services
The.City requires that services provided pursuant to this agreement shall be provided to the City
by an Architect, which does not represent clients on matters contrary to City interests. Further,
Architect shall not engage services of an architect and/or other professional who individually, or
through members of his/her same firm,represents clients on matters contrary to City interests.
Should the Architect represent clients on matters contrary to City interests or engage the services
of an architect and/or other professional who individually, or through members of his/her same
firm, represents clients on matters contrary to City interests, Architect shall consult with the
appropriate City representative regarding the conflict.
After such consultation, the Architect shall have five ,( busiM days to eliminate the conflict
to the satisfaction of the City. If such conflict is not eliminated within the specified time period,
the agreement may be terminated pursuant to Section 10(B-3) of this agreement.
15. Force Majeure
Neither City nor Architect shall 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 shall within ten days from the beginning of
such delay, notify the other party in writing of the cause of delay and its probable extent. Such
notification shall not be the basis for a claim for additional compensation. Each party shall,
however, make all reasonable efforts to remove or eliminate such a cause of delay or default and
shall, upon cessation of the cause, diligently pursue performance of its obligation under the
Agreement.
Architectural Services Agreement-Page 9
Rev. -03/22/02
16. Non-Discrimination
Architect agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues,rules, and regulations. Architect also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws. All facilities designed by Architect under this contract shall be designed
to be readily accessible to and usable by individuals with disabilities as required by the
Americans with Disabilities Act.
17. Errors
Architect shall 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.
18. Extra Chan i
Work
Only the N' ob Murchison, may authorize extra (and/or change) work. Failure
..wa
of Architect to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
Architect thereafter shall be entitled to no compensation whatsoever for the performance of such
work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Architect shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279C.
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of said proposal
conflicting herewith.
22. Access to Records
City shall have access to such books, documents,papers and records of Architect as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
23. Audit
Architect shall 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. Architect 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 fiords.
24. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by
Architectural Services Agreement-Page 10
Rev. -03/22/02
any court of competent jurisdiction, the validity of the remaining terms and provisions shall not
be affected to the extent that it did not materially affect the intent of the parties when they entered
into the agreement.
25. INDUSTRIAL ACCIDENT FUND PAYMENT
Architect shall pay all contributions or amount due the Industrial Accident Fund form that
Architect or subcontractors incur during the performance of this Agreement.
26. Complete Agreement
This Agreement and attached exhibit(s) constitutes the entire Agreement between the parties. No
waiver, consent,modification, or change of terms of this Agreement shall bind either party unless
in writing and signed by both parties. Such waiver, consent, modification, or change if made,
shall be effective only in specific instances and for the specific purpose given. There are no
understandings, agreements, or representations, oral or written,not specified herein regarding this
Agreement. Architect,by the signature of its authorized representative, hereby acknowledges that
he/she has read this Agreement, understands it and agrees to be bound by its terms and
conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
APPROVED BY LOCAL CONTRACT REVIEW BOARD ON: ac,14 Lz,—
Date
By: (Ruth zed City saffpersonletting contract) Date
ARCHITECT
Print Finn Name
Print Name&Title of Architect's Authorized Representative
K6r,,:�,w 3, 2ocxv
Si iature Date
Architectural Services Agreement-Page 11
Rev. -03/22/02
EXHIBIT 1
DUTY OF ARCHITECT
The Architect shall render professional architectural services as described below:
1. Basic Services
2. Special Services
Only when directed in writing by the City, the Architect shall furnish or acquire for the City the
following professional and technical services:
3. Performance
Architectural Services Agreement-Page 12
Rev. -03/22/02
t
EXHIBIT 2
SCOPE AND SCHEDULE OF WORK
The general phases of the project will be to provide (1) the final remodel design of city buildings from the
existing conceptual designs provided by the City and remodel construction cost estimates for the 2006/07
remodel construction season, (2) the development of construction bid scope of work and drawings and
assist City with bid process, and (3) the construction management of the remodel construction
contracts/process. The City buildings being remodeled are located at:
• 8777 SW Burnham Street, Tigard,Oregon 97223 - Tigard Water Building
0 12800 SW Ash Avenue, Tigard,Oregon 97223 - Public Works Administration Facility
A. PROJECT TIMELINE
The tentative timeline (to be refined by the Architect) as of 09/06/2006) for the project is as
follows:
Date Process Step / Task
09/14/2006 Advertisement in the Daily Joumal of Commerce
09/21/2006- 9:00 AM PST Mandatory Pre-Proposal Facility Walkthrough
10/03/2006- 2:00 PM PST Proposals Due
10/04/2006- 10/05/2006 Short List Selection
10/06/2006 &10/07/2006 Short List Interviews (if necessary)
10/24/2006 Tigard LCRB Formal Action
11/01/2006 Contract Start Date
11/06/2006- 11/10/06 Consultant conducts staff interviews &site visits
11/10/2006- 11/27/2006 Consultant develops final design plans based on discussion
with staff&site visits
11/28/2006 Design options presented to Space Planning Committee
12/12/2006 City approves final design option
12/14/2006 Space Planning Committee reviews with Consultant &
authorizes final plans for construction bid
12/18/2006 Consultant submits construction estimates
12/18/2006- 12/22/2006 Consultant finalizes remodel construction documents
01/03/2007 Advertisement for invitation to bid
01/11/2007 Construction Pre-Bid Walkthrough
01/23/2007 Bid responses due at 2 PM
01/30/2007 LCRB action packet due
02/13/2007 Formal LCRB Action
02/19/2007 Construction Contract execution & Consultant serves as
City's rep for project oversight
02/19/2007 Construction work on remodel begins
06/01/2007 Staff moves into remodeled Water Building
B. SCOPE OF WORK
The major phases of the project shall be as follows:
Architectural Services Agreement-Page 13
Rev. - 03/22/02
1. Finalize Remodel Design Of City Buildings From The Existing Facility Needs
Analysis Provided By The City & Provide Remodel Construction Cost Estimates
For The 2006/07 Remodel Construction Season
Under this phase, the Proposer will finalize the remodel design of the existing water
building, and Public Works Administration Yard. Final design will be based on program
requirements keeping in mind the Space Planning Committees goals and assumptions
provided by the City. The program requirements will identify the structural system
changes that can be legally occupied and fully used for the intended functions as
remodeled, as well as mechamcal/electrical/phone/data systems, plumbing changes and
lighting system upgrades which will be anticipated to be in place to provide for efficient
and effective space use. The level of detail shall be such that subsequent construction
efforts for the remodel can commence within the timeline for the project. Any special
design constraints, opportunities, or approaches to the project that will allow the City to
construct the various components for a lower cost or avoid extra costs shall be identified
as they become apparent during this phase and each successive phase of the project.
Proposer shall prepare documents consisting of drawings, fixture and equipment schedules
and other documents illustrating the general scope, scale and relationship of project
components for approval by the City.
It is anticipated that this phase consists of evaluating the elements of the project for
integration of green building concepts to produce a building that embraces sustainable
principles. Proposer shall model the existing building with the proposed building
modifications in order to estimate the energy savings and provide economic evaluation of
such modifications. The proposer shall provide services in applying and receiving on
behalf of the City: a) Energy Tax Credits and b) Energy Trust of Oregon incentives for
energy improvements to the City's existing building.
Please Note: Under this phase and each subsequent phase, the Proposer will provide
assistance in two areas:
a. Identifying and obtaining any necessary permits including but not limited to: land use,
wetlands, etc. This task may require coordination with City departments or other
agencies. The Proposer will represent and assist the City with the preparation and
submittal of permit applications and supporting documentation such as rendering,
maps, and other documents as required by agencies for the permitting process.
Proposer shall assist the City during application processing and assist with
presentations to agencies as necessary. Proposer will coordinate its work with the City
staff and,if necessary, City's legal counsel.
b. Assuring that applicable codes are met. This may include; building, plumbing,
electrical, mechanical,telecommunication, and other federal, state and local rules which
may affect the remodel construction project.
2. Develop Scope of Work and Exhibits For An Invitation To Bid For A Contractor
And Assist City With Bid Process
Under this phase, the Proposer shall provide those services necessary to prepare from the
approved design documents, construction documents consisting of drawings, specifications
and other documents setting forth in detail the requirements for construction of the
project. Proposer shall assist the City in obtaining bids and in awarding contracts for
Architectural Services Agreement-Page 14
Rev. - 03/22/02
construction. In the case of phased construction, the City may authorize bidding and/or
negotiation of portions of the work prior to completion of the construction. The
Proposer's services during this phase shall consist of:
a. Architectural Design/Documentation
Services consisting of preparation of drawings based on approved finalized design
documents setting forth in detail the architectural construction requirements for the
Project including but not limited to seismic upgrades required by the UBC.
b. Structural Design/Documentation
Services consisting of preparation of final structural engineering calculations; drawings
and specifications based on approved finalized design documents, setting forth in detail
the structural construction requirements for the Project.
c. Mechanical Design/Documentation
Services consisting of preparation of final mechanical engineering calculations,
drawings and specifications based on approved finalized design documents, setting
forth in detail the mechanical construction requirements for the Project.
d. Electrical Design/Documentation
Services consisting of preparation of final electrical engineering calculations, drawings
and specification based on approved finalized design documents, setting forth in detail
the electrical construction requirements for the Project.
e. Civil Design/Documentation
Services consisting of preparation of final civil engineering calculations, drawings and
specifications based on approved finalized design documents, setting forth in detail the
civil construction requirements.
f. Materials Research/Specifications
Services consisting of activities in preparation of Bidding Documents which describe
the time,place and conditions of bidding, bidding forms; development and preparation
of architectural specifications describing materials, systems and equipment,
workmanship, quality and performance criteria required for the construction of the
project; coordination of the development of specifications by other disciplines;
compilation of Project Manual including Conditions of the Contract, Bidding
Documents and Specifications.
g. Project Development Scheduling
Services consisting of reviewing and updating previously established schedules for the
permitting, design, construction and final building occupancy.
h. Statement Of Probable Construction Cost
Services consisting of updating and refining the design phase estimate of Probable
Construction Budget of the project, related to the construction cost budget and taking
into consideration: availability of materials and labor; project delivery; procedures;
construction sequencing and scheduling; changes in scope of the project; adjustments
in quality standards.
i. All specified items shall be standard, cataloged, manufactured items or "off the shelf"
Architectural Services Agreement-Page 15
Rev. - 03/22/02
l
items. No custom items are to be designed or specified without prior written
authorization of the City. No proprietary or "sole source" items shall be specified.
Brand name products may be specified so long as "approved equal" is included with
their specification.
j. Recycled products shall be used where they are economically feasible. The Proposer
shallP ive reference to materials and supplies manufactured from recycled materials
g PP yc
under the following conditions:
1) The recycled product is available;
2) The recycled product meets applicable standards;
3) The recycled product can be substituted for a comparable non-recycled product;
and
4) Recycled product costs do not exceed the costs of non-recycled products by more
than five percent.
k. Bidding Materials
Services consisting of organizing and handling bidding documents for: coordination;
reproduction; completeness review; distribution; distribution records; retrieval; receipt
and return of document deposits; review, repair and reassembly of returned materials.
1. Addenda
Services consisting of preparation for distribution by the City of addenda as
supplementary drawings, specifications, instructions and notice(s) of changes in the
bidding schedule and procedure.
in. Bidding Process
Services consisting of: assistance to the City in establishing list of bidders; participation
in pre-bid conferences; responses to questions from bidders and clarifications or
interpretations of the Bidding Documents; attendance at bid opening(s);
documentation and distribution of bidding results.
n. Analysis Of Alternates/Substitutions
Services consisting of consideration, analyses, comparisons, and recommendations
relative to alternates or substitutions proposed by bidders either prior or subsequent to
receipt of bids or proposals.
o. Special Bidding
Services consisting of: attendance at bid openings, and documentation of decision for
multiple contracts or phased construction; technical evaluation of alternate building
systems;participation in detailed evaluation procedures for building systems proposals.
p. Bid Evaluation
Services consisting of: validation of bids or proposals; participation in review of bids;
evaluation of bids; recommendation on award of contract(s); participation in
negotiations prior to or following decisions on award of the Contract(s) for
Construction.
3. Construction Management Of Remodel Construction Contracts Process
In the Construction Management Phase, the Proposer shall provide those services
Architectural Services Agreement-Page 16
Rev. - 03/22/02
necessary for the administration of the Construction Contract as set forth in the Contract
for Constriction. The Proposer's services during this phase shall consist of:
a. Office Construction Administration
Services consisting of: Processing of submittals, including receipt, review of, and
appropriate action on shop drawings, product data, samples, performance data and
certifications, technical manuals submitted by the contractor and other submittals
required by the Contract Documents; distribution of submittals to City, Contractor and
Inspector as required; maintenance of master file of submittals; related
communications. Submit complete submittal files to the City upon completion of the
project.
b. Inspection Coordination
Services relating to independent inspection and testing agencies, consisting of:
Administration and coordination of field testing required by the contract documents;
recommending scope, standards, procedures and frequency of testing and inspections;
arranging for testing and inspection on City's behalf; notifying inspecting and testing
agencies of status of the work requiring testing and inspection; evaluating compliance
by testing and inspection agencies with required scope, standards, procedures and
frequency; review of reports on inspections and tests and notifications to owner and
contractor(s) of observed deficiencies in the work.
C. Coordinate Construction-Related Permit Conditions And Special
Inspections
The Contractor shall perform all work required to make permit changes and updates.
The Contractor shall submit permit changes and updates for review by the appropriate
regulatory agency, and, if approved, incorporate the changes and/or updates into the
appropriate subcontract packages) and record drawings.
d. Review progress payment requests from the Contractor for progress payments and
recommend the appropriate amount to the City for payment to the contractor.
Payment recommendations will be based upon the approved breakdown of the
contractor's lump sum contract amount.
e. Provide clarification of the contract documents to the contractor based upon the
contractor's written requests for clarifications, verbal requests or as the need otherwise
arises. Prepare written responses and drawings or sketches as necessary to the
contractor to clarify the contract documents.
f. Services Related To Change Orders
These include preparation of change order proposal description and justification
documentation, including review of the Contractor's proposals for reasonableness of
quantities and costs of labor and materials, assistance with negotiation of the change
with the contractor, making recommendations to the City regarding any change orders,
and processing the formal change order documents.
g. Prepare and submit a monthly project status report to the City. Each monthly report
by the Proposer will include schedule status, progress payment and budget status,
project photos, change order status and potential problems or claims descriptions. The
Architectural Services Agreement-Page 17
Rev. - 03/22/02
report will be presented by the Proposer to the DUST Committee, or designee,
monthly if so desired. Up to 12 copies of the report will be submitted.
h. Notify city of potential or actual claims or protests of the contractor. Coordinate with
City staff and, if required, City legal counsel regarding these matters.
i. Conduct Site Visits
Site Visits by the Proposer's project manager shall occur when significant remodel
construction is occurring. These visits will be dictated by the type of construction
activities occurring. The purpose of these visits is to answer questions regarding the
contract documents, manage resolution of project difficulties, review the progress of
the work, and review the construction work to confirm that it is proceeding in
accordance with the requirements of the contract documents. Specifically, a minimum
of one meeting per a week during any and all construction will be held by the project
manager. This meeting will be scheduled and directed by the architect's project
manager and will consist of but not limited to: (1) updated construction schedule, (2)
Est of action items, (3) review of the meeting notes from the previous weeks meeting,
(4) dictation of current meeting and (5) any other project documentation or decision
required to keep the project on schedule. It is the expectation that the architect's
project manager will be the responsible person in charge and either perform the tasks
required or delegate responsibilityto the contractor's representative.
j. Supplemental Documents
Services consisting of: Preparation, reproduction and distribution of supplemental
drawings, specifications and interpretation in response to requests for clarification by
Contractor(s) or the City and required by construction exigencies; forwarding City's
instructions and providing guidance to the Contractor(s) on the Cit/, s behalf relative to
changed requirements and schedule revisions.
k. Project Closeout
Services initiated upon notice from the Contractor(s) that the Work, or a designated
portion which is acceptable to the City, is sufficiently complete, in accordance with the
Contract Documents, to permit occupancy or utilization for the use for which it is
intended, and consisting of: a detailed inspection with the Owner's representative for
conformity of the Work to the Contract Documents to verify the list submitted by the
Contractor(s) of items to be completed or corrected; determination of the amounts to
be withheld until final completion; issuance of Certificates of Substantial Completion;
inspection(s) upon notice by the Contractor(s) that the Work is ready for final
inspection and acceptance; notification to City and Contractor(s) of deficiencies found
in follow-up inspection(s), if any; final inspection with the City's representative to
verify final completion of the Work; receipt and transmittal of warranties, affidavits,
receipts, releases and waivers of lien or bonds indemnifying the City against liens;
issuance of Final Certificate(s) for Payment.
1. Maintenance And Operational Programming
Services consisting of: assistance in the establishment by the City of in-house
program(s) of operation and maintenance of the HVAC arranging for and coordinating
instructions on operations and maintenance on equipment in conjunction with
manufacturers' representatives; assistance in the preparation of operations and
maintenance manual(s) for the City/s use.
Architectural Services Agreement-Page 18
Rev. - 03/22/02
m. Start-Up Assistance
Services consisting of: on-site observation, troubleshooting and assistance in the
operation of building systems during initial occupancy, assistance in the training of the
City's operation and maintenance personnel in proper operations, schedules and
procedures; procurement of Operation Manuals from Contractor(s) with no less than
one copy being provided to City; administration and coordination of remedial work by
the Contractor(s) after final completion.
n. Develop protocol for preparing record drawings and coordinating the preparation of
the drawings. Record drawings shall be prepared using AutoCAD, Version 12 or
higher.
o. Record Drawings
Services consisting of:preparation of record drawings on reproducible mylar, and CAD
disk including significant changes in the work made during construction including
modifying the floor plan layouts including partitions, furniture and equipment;
transmittal of record drawings and general data, appropriately identified, to the City and
others as directed.
p. Warranty Review
Services consisting of: consultation and recommendation to the City during the
duration of the twelve month warranty period in connection with inadequate
performance of materials, systems and equipment under warranty; inspection(s) prior
to expiration of the warranty period to ascertain adequacy of performance of materials,
systems and equipment; documenting defects or deficiencies and assisting the City in
preparing instruction to the Contractor(s) for correction of noted defects.
C. INNOVATIONS AND EFFECTIVENESS
1. Any service innovations Proposer is proposing.
2. The effectiveness of the proposed remodel services and how such effectiveness is measured.
3. Any unique services or special expertise your firm offers that might be of interest to the
City.
Architectural Services Agreement-Page 19
Rev. - 03/22/02
r
CITY OF TIGARD
CONTRACT SUMMARY FORM
THIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BEA COUIRED)
Title of Contract: Building Remodel Design& Construction Contract#:
Oversight - PW Facilities
Contractor: LRS Architects, Inc. Total: $55,905
Brief Overview: Contractor will provide architectural design and construction oversight for the
remodel of the Water Building.
Changes Made To none
Boilerplate
Contract
Type of Contract: ❑ Purchase Agreement ❑ Personal Service ❑ Public Improvement ® Other
Start Date: upon execution End Date: 6/30/07 LCRB Award Date: 10/24/06
Contract Manager: Rob Murchison Extension: 2699e artment: PW
Quotes/Bids/Proposals: COMPANYSCORE
LRS Architects, Inc. ;: sol
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ID cvyd,i.dee -ed-jt5y iVadl 61-4'-
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L 25ay-b" Deb.
Department Comments;
De artment Si Date:`
Purchasing Con''Imen
�a
Purchasing S' ure: Date:
04
Administration: - - Date'
Certificate of Insurance eceived? ® Yes ❑ No ❑ Self-Insured (Form Received)
Business Tax Current? ® Yes ❑ No Contractor License Current? ❑ Yes ❑ No
Federal TIN/1099 #: 93-1259453 Bonds Required: ❑ Yes ®No
Accounting String: Fund Division Account Total
300 6100 750135 $55,905