Oh Planning + Design Architecture ~ C140059 City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd
AMENDMENT #1 SUMMARY Tigard,Oregon 97223
Phone-(503) 039-4171
FIELD CHANGE ORDER FORM Fax- (513) 681-7297
t 7
Project Title: City Hall Complex EIFS Restoration— Project Manager: Kim McMillan
Project Management Consultation
Contractor: Oh Planning+ Design Architecture Original Contract#: C140059
Effective Dates: 3/12/14 Change Order/.Amendment Amount: $0
Accounting Strin :400-8000-56005-91013-130 1 Amendment Percentage Running Total: 0%
AMENDMENT`DETAILS
Extend contract completion date to June 30, 2016.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Phase 2 Contract Remainder $7,070.80
I
REASONING FOR CHANGE ORDER/AMENDMENT
Contract needs to be open through Phase 2 of the EIFS Restoration Project
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
— Signature - Signature
Date Datc
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional worlc described below in accordance with the terms ,
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Slgnatttre
all additional work. A copy of this form, once completed,is to
be forwarded to the Purchasing Office to ensure all changes to 10111
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUST ACCOMPANY EVERY CONTRACT
Contract Title: City Hall Complex EIFS Restoration Number: I qc&S
Contractor: Oh Planning + Design,Architecture Contract Total: Not to Exceed$20,000
Contract Overview: Provide Pro-ject management consulting services for the EIFS restoration project
Services include,but are not limited to, oversight and review of documents provided
by the Architect of Record,input and guidance for specification language advice
with regards to qualification of bidders,and contact point for the construction phase
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps: Risk determined as low considering advisory and management services only.
Professional Liability reduced to $2,000,000
_ r
Risk Comments:
Risk Signature:
Contract Manager: Kimberly S. McMillan Ext: 2462 Department: 6250
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ® Other: Arch. Sys. Agreement Start Date: 3/12/14 End Date: 6/30/15
Quotes/Bids/Proposal: FIRM MO nyT/S ORE
Direct Appoint not to exceed$20 000
Account Sttmg: Fund-Division-Account Work Order— Activit;Tyke Amount
FY13/14 400-8000-56005 91013-130 $15,000
FY14/15 400-8000-56005 91013-130 $5 000
Approvals - LCRB Date:
Department Comments: Direct appoint contract not to exceed$20,000
Department Signature:
Purchasing Comments: of
Purchasing Signature: C—
City Manager Commen .
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Oce along with a
completed Contract Checklist.
Contract (22,5
CITY OF TIGARD,OREGON
ARCHITECTURAL SERVICES AGREEMENT
CITY HALL COMPLEX EIFS RESTORATION-PROJECT MANAGEMENT CONSULTATION
THIS AGREEMENT,made and entered into this 12'x'day of March, 2014,by and between the
City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Oh Planning +
Design Architecture, whose authorized representative is Deb France, and having a principal
being a registered architect of the State of Oregon,hereinafter referred to as the "Architect."
RECITALS
WHEREAS, the City's 2013-2014 fiscal year budget provides for project management
consultation services of an Architect for the City Hall Complex EIFS restoration 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 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 A,
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, 2015 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 A 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 A 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 Twenty
Thousand and No/100 Dollars ($20,000.00) 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 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 Architect 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 A 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, furnishing 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.
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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.
6) If Architect fails, neglects or refuses to make prompt payment of any
claim for labor, materials, or services furnished 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 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.
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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 Architect 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. 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 shall 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.
G. Architect is not an officer, employee, or agent of the City as those terms are used
in ORS 30.265.
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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 agrees and shall 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, including intentional acts
resulting from or arising out of the activities of Architect or its subcontractors, sub-
consultants, agents or employees in performance of this contract 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 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 agrees and shall 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 Architect or its subcontractors, sub-consultants, agents or employees
in performance of professional services under this agreement. Any 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 in performance of
this contract. 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 in
performance of this contract.
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 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.
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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 (CG 2010 1185 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 $3,000,000
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
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 claim shall not be less than
$2,000,000, 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
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
$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract,
the Contractor shall 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 shall not be less than
$2,000,000.
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$1,000,000 each accident.
61Pagc
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional
Liability, shall include the City its officers, employees, agents and representatives as
additional insureds with respect to this contract. Coverage will be endorsed to provide a
"per project"aggregate.
F. Extended Reporting 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. Insurance Carrier Rating
Coverage provided by the Architect 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 the Contractor is self-
insured for commercial general liability or automobile liability insurance the Contractor
must provide evidence of such self-insurance. The 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, the Architect shall
furnish a Certificate of Insurance to the City. No contract shall be 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
address below prior to coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms
are used in ORS 30.265.
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K 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.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability and commercial automobile policies required by this contract.
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 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.
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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.
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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:
CITY OF TIGARD OH PLANNING+DESIGN ARCHITECTURE
Attn: Kim McMillan,Asst City Engineer Attn:Deb France,Principal
Address: 13125 SW Hall Blvd. Address: 115 NW First Ave,Suite 300
Tigard, Oregon 97223 Portland, Oregon 97209
Phone: (503) 718-2642 Phone: (503) 280-8000
Fax: (503) 684-7297 Fax: (503) 224-5442
Email: kimQdpard-or.gov Email: (Contact person's email)
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 seven (7) 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
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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.
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 659A.142, 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 (Changes)Work
Only the City's Project Manager may authorize extra (and/or change) work. Failure 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 279A,279B,and 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.
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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 funds.
24. 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 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, including the exhibits, is intended both as a final expression of the
Agreement between the Parties and as a complete and exclusive statement of the terms. In
the event of an inconsistency 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 shall control. In
the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
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 OHP NG DESIGN
ARCH T C U
By:Authorized City Staff By:Au oriz Contractor Representative
it
Date Date
12 1 Page
EXHIBIT A
SCOPE OF SERVICES
The City of Tigard has been in the process of identifying water infiltration issues related to the
EIFS building exterior envelope of the Tigard City Hall Complex. The areas of concern have
been tested for moisture and the results have identified specific areas of concern. The City is
currently in the process of working with LRS Architects on a repair project to the building's
existing Exterior Insulation Finish System (EIFS). LRS documentation is in process in
preparation for a bidding phase. Under this Agreement, the City requires project management
services from the Architect through the project duration on the following items:
1. Confirm the project direction
2. Offer options on the EIFS repair (specifically consideration for the Dryvit Care warranty
program)
3. Provide input on the Division 1 specification, to be provided by the City
4. Provide a QA review of the LRS documents in preparation for bidding
5. Review the LRS cost estimate
6. Attend the pre-bid conference
7. Serve as a point of contact for the construction phase attend OAC meetings, represent the
City in construction related process
8. Advise yourself and City staff of any special requirements such as testing during construction
9. Communicate project related decision by the City to LRS for inclusion in construction
documents
The timeline for this project is to be completed in the dry season of 2014. The eight week
bidding phase is expected to begin on May 1. LRS must have the bid documents ready before
May 1, 2014. The construction period is expected to begin on July 1. The overall project
schedule is expected to be completed in eight weeks. The successful bidders will be required to
prepare a construction schedule with their bids. Architect shall City with details of the steps at
each point through project communications. Jackie Gilles will be assigned as the Architect's
project manager for this effort.
Architect's Hourly Rates
INDIVIDUAL HOURLY RATE
Deb France,Principal,AEA,NCARB,LEED AP $165
Jackie Gilles,Associate; AIA,NCARB,LEED AP $99
Andrew Pearson,Associate,AIA,NCARB,LEED AP $99
John Jamiel,LEED AP,Job Captain,BIM manager $90
Bryan Thompson, Job Captain $87
Kelli Stewart,Job Captain $87
Jake LaManna,Job Captain $85
Colin McNamara,Job Captain $82
Kevin Young,Design Assist $74
Anna Miron,Interior Design Assist $74
Leslie Melin, Operations $70
Moll-Johnstone,Administrative $60
Reimbursable expenses include printing, deliveries, and travel to sites beyond 20 miles from our
office. Travel charges do not apply for City project sites.
13 1 Page
EXHIBIT B
ARCHITECT'S PROPOSAL
Architecture Planning Design LEED Consulting
115 NW First Ave, Suite 300
Portland, OR 97209 03
tel 503.280.8000
fax 503.224.5442
OH PLANNING+DESIGN, ARCHITECTURE
A woman owned firm FEIN;75-3170740
March 11,2014
Ms.Kim McMillan
Assistant City Engineer
City of Tigard
Via email: kim@tigard-or.gov
Subject: Proposal for Personal Services Contract
for City of Tigard Project Management Consulting
Dear Kim:
We are pleased to provide a scope of work for project management consulting services on the Tigard
City Hall EIFS restoration project. This scope of work is based on our meeting on February 27, 2014.
We understand that the City of Tigard has been in the process of identifying water infiltration issues
related to the building exterior envelope. The areas of concern have been tested for moisture and the
results have identified specific areas of concern. The City is currently in the process of working with
LRS Architects on a repair project to the building's existing Exterior Insulation Finish System (EIFS).
LRS documentation is in process in preparation for a bidding phase.
The City is seeking project management services through the project duration on the following items:
1. Confirm the project direction
2. Offer options on the EIFS repair(specifically consideration for the Dryvit Care warranty program)
3. Provide input on the Division 1 specification, to be provided by the City
4. Provide a QA review of the IRS documents in preparation for bidding
S. Review the LRS cost estimate
6. Attend the pre-bid conference
7. Serve as a point of contact for the construction phase attend OAC meetings, represent the City in
construction related process
8. Advise yourself and City staff of any special requirements such as testing during construction
Oh planning+design architecture has provided project oversight and documentation for a Dryvit Care
warranty project in 2013-'14 with Multnomah County on the Inverness Jail exterior restoration. We
will offer the City of Tigard options on the advantages and requirements of this program for your
consideration. Project related decisions by the City will be communicated to IRS for inclusion in
documents.
14 1 Pa ::,e
Ms. Kim McMillan March 11, 2014 Page - 2 -
City of Tigard
The timeline for this project is to be completed in the dry season of 2014. The eight week bidding phase is
expected to begin on May 1. IRS must have the bid documents ready before May 1. A select list of three
certified contractors will be listed in the bid documents.
The construction period is expected to begin on July 1. The overall project schedule is expected to be
completed in eight weeks. The successful bidders will be required to prepare a construction schedule with
their bids.
I understand that we will be working directly with you and City staff assigned to this effort. We will provide
you with details of the steps at each point through project communications. Jackie Gilles will be assigned as
the project manager for this effort. I will continue to be directly involved in oversight and to attending
meetings as needed.
I understand that these services will be initiated on a personal services contract based on an hourly time and
materials basis with a not to exceed limit of$20,000 for the period leading up to July 1, 2014. If needed,
additional funding up to another$20,000 may be available starting on July 1. We will provide an approach
that is efficient and cost effective. Our hourly rates include the following staff who are available to work on
your projects if needed:
Deb France, Principal, AEA, NCARB, LEED AP $165
Jackie Gilles , Associate, AIA, NCARB, LEED AP $99
Andrew Pearson, Associate, AIA, NCARB, LEED AP $99
John Jamiel, LEED AP,Job Captain, BIM manager $90
Bryan Thompson, Job Captain $87
Kelli Stewart,Job Captain $87
Jake LaManna, Job Captain $85
Colin McNamara, Job Captain $82
Kevin Young, Design Assist $74
Anna Miron, Interior Design Assist $74
Leslie Melin, Operations $70
Molly Johnstone, Administrative $60
Reimbursable expenses include printing, deliveries, and travel to sites beyond 20 miles from our office.
Travel charges do not apply for City of Tigard project sites.
Thank you for this opportunity to provide service to the City of Tigard. I am prepared to begin this work
immediately following authorization to proceed.
i
Sincerely,
Kim McMullen
Principal Deb France, AIA, NCARB, LEED AP City of Tigard
Principal, Oh planning+design,architecture
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