DECA Architecture, Inc ~ C130068 City of Tigard
13125 Ste'Hall Blvd.
CONTRACT CHANGE ORDER/ Tigard,Oregon 97223
AMENDMENT SUMMARY FORM Phone- (503) 639-4171
all I Fax- (503) 684-7297
www.tigard-or.gov
Project Title: Facade Improvement/On-retainer Project Manager: Sean Farrelly
Architectural Services
Contractor: DECA Architecture Inc. Original Contract#: C130068
Effective Dates: Chane Order/Amendment Amount: $N/A
Accounting String: 940-8000-56005 Amendment Percentage Running Total: %
AMENDMENT DETAILS
This amendment changes the contract end date from June 30, 2014 to June 30, 2015.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
There's more work to be done.
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Si e Signature
1-Z I l�
I)atj Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work 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 Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed 25%of the original contract. Date
CITY OF TIGARD, OREGON
AMENDMENT TO CONTRACT
FACADE IMPROVEMENT/ON-RETAINER 0130068
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and DECA Architecture, Inc.,hereinafter referred to as Contractor, entered into on the 1"day of
April,2013,is hereby amended as follows:
This amendment extends the termination date from June 30, 2014 to June 30, 2015.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY F IG DECA ARCHITECTURE INC.
Signa Signature
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Printed Name Printed Name
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Date Date
CITY OF TIGARD, OREGON
CONTRACT SUMMARY FORM
(FORMMUST ACCOMPANYEACH CONTRACT FOR AUTHORIZATION)
Contract Title: Facade Improvement/On-retainer Architectural Ser4-ices Numbere.1300
Contractor: DECA Architecture Inc Contract Total: $18,000
Contract Overview: Consultant will provide on-retainer architectural services for the City Center
Development At,ency's Facade Improvement Program
Type: ❑ Purchase Agreement Start.Date: April 1, 2013 End Date: Tune 30, 2014
® Personal Service
❑ Public Improvement LCRB Award: Department: Community Dev._
❑ IGA
❑ Other: Contract Manager: Sean Farrelly
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
DECA Architecture Inc.
Account String: Fund-Division-Account Project-Fund-Phase Amount
Year 1 940-8000-56005 97004-904-507 $18,000
Year 2
Year 3
Year 4
Year 5
Approvals
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signe: i
City Manager Comm
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract
CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
FACADE IMPROVEMENT/ON-RETAINER ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered into this 25"' day of March, 2013 by and between the
City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and
DECA Architecture,Inc. hereinafter called Contractor.
RECITALS
WHEREAS, City has need for the services of a company with a particular training, ability,
knowledge, and experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth:
THEREFORE, the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services upon receipt of City's notice to proceed together with an
executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit
A—Scope of Work and by this reference made a part hereof.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon signature by both parties and shall expire, unless
otherwise terminated or extended, on June 30, 2014. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not to exceed Eighteen thousand and 00/100 Dollars
($18,000) for performance of those services described in this Agreement. Payment will be made
based on Contractor's invoice, subject to the approval of the City, and not more frequently than
monthly. Payment shall be payable within thirty (30) days from the date of the Contractor's
invoice.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal delivery,
mail, or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The
following addresses and contacts shall be used to transmit notices, bills, payments, and other
information:
CITY OF TIGARD DECA ARCHITECTURE,INC
Attn: Sean FarrellAttn: David Hyman
Address: 13125 SW Hall Boulevard Address: 935 SE Alder St.
Tigard,Oregon 97223 Portland,OR 97214
Phone: 503 718-2420 Phone: 503-239-1987 x200
Fax: 503 718-2748 Fax: 503-239-6558
Email: sean@tigard-or.gov Email: hyman@deca-inc.com
CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be
deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City,
shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be
solely responsible for all payments and taxes required by law. Furthermore, in the event that
Contractor is found by a court of law or any administrative agency to be an employee of City for
any purpose, City shall be entitled to offset compensation due, or to demand repayment of any
amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or
other remuneration Contractor receives (from City or third party) as a result of said finding and to
the full extent of any payments that City is required to make (to Contractor or to a third party) as a
result of said finding.
Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an
officer,employee, or agent of the City as those terms are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to
enter into this Agreement. Contractor warrants that all its work will be performed in accordance
with generally= accepted professional practices and standards as well as the requirements of
applicable federal, state and local laws, it being understood that acceptance of a contractor's work
by City shall not operate as a waiver or release.
Contractor and City agree to indemnify and defend the other, and the other's officers, agents and
employees and hold them harmless from any and all liability, causes of action, claims, losses,
damages, judgments or other costs or expenses including attorney's fees and witness costs and (at
both trial and appeal level, whether or not a trial or appeal ever takes place) incurred by the party
being indemnified resulting from the indemnifying party's acts (or failure to act when action is
appropriate) that may be asserted by any person or entity which in any way arise from or relate to
this Agreement or the performance of obligations under this agreement, except liability arising out
of the sole negligence of the party being indemnified. The indemnification by Contractor of the
City shall also cover claims brought against the City under state or federal worker's compensation
laws. 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.
INSURANCE
Contractor 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 Contractor's
activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
1. Commercial General Liability Insurance
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of
this contract, Comprehensive General Liability Insurance covering Bodily Injury and
Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage
Personal Services Agreement—Short Form 2 1 P a g e
Revision Date: 12/20/2012
shall include Contractual Liability insurance for the indemnity provided under this
contract. The following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 500,000
Each Occurrence 500,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
2. Business Automobile Liability Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of
the contract, Commercial Automobile Liability coverage including coverage for all owned,
hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be
less than $500,000. Said insurance shall name City as an additional insured. If Contractor
hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this
paragraph.
3. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract
that are either 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 or employers that are exempt
under ORS 656.126. Out-of-state employers must provide Oregon workers'compensation
coverage for their workers who work at a single location within Oregon for more than 30
days in a calendar year. Contractors who perform work without the assistance or labor of
any employee need not obtain such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than$500,000 each accident.
4. Insurance Carrier Rating
Coverages provided by the Contractor 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.
5. Certificates of Insurance or Copies of Auto Insurance Coverage
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance or copies of their auto insurance to the City. No
contract shall be effected until the required certificates have been received and approved
by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability
hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of
any damage,injury,or loss caused by negligence or neglect connected with this contract.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before either
before the work is completed or the 30th day of June, 2014) shall be accompanied by thirty (30)
days written notice to the other party prior to the date termination would take effect. There
Personal Services Agreement—Short Form 3 1 P a g e
Revision Date: 12/20/2012
shall be no penalty for early termination. If City terminates the contract pursuant to this
paragraph,it shall pay Contractor for services rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Contractor which result from this Agreement, including any computations, plans, correspondence
or pertinent data and information gathered by or computed by Contractor prior to termination of
this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
GOVERNING LAw
Contractor shall comply with all applicable federal, state and local laws; and rules and regulations
on non-discrimination in employment because of race, color, ancestry, national origin, religion,
sex,marital status, age,medical condition or disability. The provisions of this Agreement shall be
construed in accordance with the provisions of the laws of the State of Oregon. All provisions
required by ORS Chapters 279A, 279B, and 279C to be included in a contract of this type are
incorporated into this Agreement as though fully set forth herein. Any action or suits involving any
question arising under this Agreement must be brought in the appropriate court of the State of
Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Contractor must make payment promptly as due to persons supplying Contractor
labor or materials for the execution of the work provided by this order. Contractor must pay all
contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the
performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted
against Buyer or any subdivision of City on account of any labor or material to be furnished.
Contractor further agrees to pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit 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.
Contractor, by the signature of its authorized representative, hereby acknowledges that they have
read this Agreement,understands it and agrees to be bound by its terms and conditions.
Personal Services Agreement—Short Form 4 1 P a g e
Revision Date: 12/20/2012
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly
authorized undersigned officer and Contractor has executed this Agreement on the date
hereinabove first written.
CITY OF T GARD DECA ARCHITECTURE,INC.
By: Ke ny sher, Community Development
Director By: David Hyman, Principal
4 +/Z A �
Date Date
Personal Services agreement—Short Form 5 P a g e
Revision Date: 12/20/2012
Exhibit A
Scope of Work
1. Scope of Services and Deliverables
TASK 1: FACADE IMPROVEMENT PROGRAM
1.1 Serve as an on-retainer architect for the program. Work with property/business owners and
staff to complete schematic design level drawings for building facades (10-40 hours of work
per facade.) Design work will be limited to the building's facade visible to the street including
such elements as storefronts; cornices, gutters and downspouts; signs and graphics; exterior
lighting; canopies and awnings; painting and masonry cleaning; interior window display
lighting. At the direction of staff, landscaping and paving can be addressed. Architect shall
conduct measurements sufficient to develop a schematic drawing within the allotted hours.
The fagade designs must be consistent with the Downtown Tigard Design Standards.
1.2 Provide"back of the envelope"cost estimates to assist client in decision making.
Task 2: ON-RETAINER ARCHITECTURAL SERVICES
2.1 Provide on-retainer architectural services,including marketing images and project visualizations
for Urban Renewal and streetscape projects. Provide fagade and sign design assistance to
property owners within the Urban Renewal District at the direction of staff, on an as needed
basis.
TASK 3 PUBLIC MEETINGS
3.1.Attend meetings as needed with Facade Improvement Committee,City Center
Development Agency/City Council,City Center Advisory Commission or other citizen
boards.
2.Fee Schedule
Schedule of Rates
For this contract,hourly rates are as follows:
Staff,Title Hourly Billing Rate
David Hyman,Sallee Humphrey,Principals $130
Shem Harding,Senior Architect $95
Technical/ Design Support(Arch 2) $75
Technical/Design Support(Arch 1) $55
Clerical $45
Personal Services agreement—Short Form 6 P a g e
Revision Date: 12/20/2012