Mackenzie ~ C160030 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT) n
Contract Tide: Tigard Police Locker Room Expansion Project Number:
Contractor: Mackenzie Contract Total: $25,000
Contract Overview: The project will entail adding on to the backside of the existing building to expand
the men's and women's locker rooms. The extent of the addition will be determined
during the first phase of the project but is anticipated to be up to 15 feet wide by 50
feet long (length of the current men's and women's locker rooms).
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps:
Risk Comments: Indemnification language was changed,consultant has been informed that the city will
not be able to chane the same formation in future contracts.
Risk Signature:
Contract Manager: Kim McMillan Ext: 2642 Department: PW/Engineering
Tvpe: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ® Other: Architectural Svs Agr Start Date: 11/5/15 End Date: 6/30/16
Quotes/Bids/Proposal: FIRM AmouNT/ScORE
Mackenzie $25,000
Account String: Fund-Division-Account Work Order—Activity Tyge Amount
FY 2015 16 400-8000-56005 91014-130 $25,000
100-4100-54001 (is funding thin
Approvals - LCRB Date:
Department Comments: OBS Direct Appoint
Department Signature: / �lr 0 f k2- /21 /1-r
Purchasing Comments:
LX.,—
Purchasing Signature:
City Manager Commen
City Manager Signature: Z Z%'0
After securing all required approvals,fo6ard original copy to the Contracting and Purchasing Once along with a
completed Contract Checklist.
Contract I C)
CITY OF TIGARD,OREGON
ARCHITECTURAL SERVICES AGREEMENT
TIGARD POLICE LOCKER ROOM EXPANSION PROJECT
THIS AGREEMENT,made and entered into this St"day of November,2015,by and between the
City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Mackenzie,whose
authorized representative is Jeff Rhys Humphreys,and having a principal being a registered architect
of the State of Oregon,hereinafter referred to as the "Architect."
RECITALS
WHEREAS, the City's 2015-2016 fiscal year budget provides for the services of an Architect for the
conceptual design of an expansion of the Tigard Police Department's Locker Room,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;and
WHEREAS,the City will utilize the information gathered in the conceptual design to determine the
possibility of budget request in future years for the completion of the project;
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 and shall expire, unless
otherwise terminated or extended, on completion of the work under Phase 1 or June 30,2016
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 the Basic Services under this project 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 B 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 Conceptual Design phase
shall not exceed the amount of Twenty Five Thousand and No/100 Dollars
($25,000.00) without prior written authorization and includes projected reimbursable
expenses incurred during the work.
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 B 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.
4) The City certifies that sufficient funds are available in fiscal year 2015-2016 for the
2 1 1' age.
Conceptual Design phase of this Agreement and authorized for expenditure to
finance costs of this phase of the Project. Funding for future fiscal years and the
additional phases shall be depended upon budget approval by Tigard's City Council.
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 drawings,
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. Howeverm in the event the City uses these
materials for future work without the Architect's involvement, the City to the extent
permitted by law, shall hold harmless, defend, and indemnify the Architect from any
claims or damages resulting from such use.
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
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.
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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 not 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
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contractor for all purposes and shall be entitled to no compensation other than the
compensation provided for under Section 3 of this Agreement.
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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
6 coverage for its employees and all other payments and taxes required by law.
G 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.
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
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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 to the extent they arise 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
i from all claims, suits, or actions and all expenses incidental to the investigation and
defense thereof, to the extent they arise 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.
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
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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 any actual or
alleged negligent act, error or omission in the rendering of or failure to render Professional
Services. Combined single limit per claim shall not be less than $2,000,000, or the
equivalent. Annual aggregate limit shall not be less than$3,000,000 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
Emits of not less than$1,000,000 each accident.
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,
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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.
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:
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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.
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
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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:
p:GITy oFTIGARD MACKENZIE
Attn: Kim McMillan,Asst City Engineer Attn: Jeff Rhys Humphreys
Address: 13125 SW Hall Blvd. Address: 1515 SE Water Avenue,#100
Tigard, Oregon 97223 Portland,Oregon 97214
Phone: (503) 718-2642 Phone: (503) 224-9560
Email: )dm @tigard-or.gov Email: jhLjm e-sCa>,mcknze.com
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.
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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 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.
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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 M12licable 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.
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. Representations and Warranties
Architect represents and warrants to the City that:
A. Architect has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of
Architect,enforceable in accordance with its terms.
C. Architect (to the best of Architect's knowledge, after due inquiry), for a period of no
fewer than six calendar years (or since the firm's inception if less than that) preceding the
effective date of this Agreement, faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS
chapters 316,317,and 318;
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2) Any tax provisions imposed by a political subdivision of this state that applied to
Architect, to Architect's property, operations, receipts, or income, or to Architect's
performance of or compensation for any work performed by Architect;
3) Any tax provisions imposed by a political subdivision of this state that applied to
Architect,or to goods, services, or property,whether tangible or intangible, provided
by Architect;and
4) Any rules, regulations, charter provisions, or ordinances that implemented or
enforced any of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Architect's services rendered in the performance of Architect's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or
conditions of use, transfer, modification, or assignment, and shall be free and clear of
any and all liens, claims, mortgages, security interests, liabilities, charges, and
encumbrances of any kind.
26. Compliance with Tax Laws
A. Architect must, throughout the duration of this Agreement and any extensions, comply
with all tax laws of this state and all applicable tax laws of any political subdivision of the
State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions
described in subsection 25.C. 1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this
Agreement. Further, any violation of Architect's warranty, in subsection 25.0 of this
Agreement, that the Architect has complied with the tax laws of the State of Oregon and
the applicable tax laws of any political subdivision of this state also shall constitute a
material breach of this Agreement. Any violation shall entitle the City to terminate this
Agreement, to pursue and recover any and all damages that arise from the breach and the
termination of this Agreement, and to pursue any or all of the remedies available under
this Agreement,at law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff,and withholding of amounts otherwise due and owing
to Architect,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory
or injunctive relief. The City shall be entitled to recover any and all damages
suffered as the result of Architect's breach of this Agreement, including but not
limited to direct, indirect, incidental and consequential damages, costs of cure, and
costs incurred in securing a replacement Architect.
These remedies are cumulative to the extent the remedies are not inconsistent, and the City
may pursue any remedy or remedies singly, collectively, successively, or in any order
whatsoever.
121Pagc.
27. Co=lete 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.
i 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 TI 11D MACKENZIE
A I/;r
By: Mar Ji e,City Manager y: horiz Contractor Representative
Date Date
13 1 Page
EXHIBIT 1
SCOPE OF SERVICES
The Architect shall render professional architectural services as described below:
BASIS OF DESIGN
The project will entail adding on to the backside of the existing building to expand the men's and
women's locker rooms. The extent of the addition will be determined during the first phase of the
project but is anticipated to be up to 15 feet wide by 50 feet long (length of the current men's and
women's locker rooms). Improvements will be limited to inside the rooms themselves with
connection to existing domestic water and shall tie into existing mechanical and electrical services as
required. On-site work will be limited to a new sanitary line routed as a separate discharge point
from the existing building, relocation of the existing emergency generator fuel tank, the possible
shifting or relocation of an electrical transformer, and a new sidewalk. A possible new fitness room
and two exterior accessed shower rooms will be included as part of the conceptual design as add
alternate components for the City to evaluate for consideration of inclusion in the project. No other
iimprovements are included as part of the conceptual design.
i
BASIC SERVICES
Conceptual Design—Duration:4 to 8 weeks
This phase will include the development of a floor plan,building from the sketches prepared by City
of Tigard Police. Up to three (to scale) floor plan schemes will be developed for consideration by
City of Tigard Police. Upon selection of a preferred scheme, Architect will develop drawings to
define the Conceptual Design. The Conceptual Design will include the following for the selected
scheme for pricing (if additional schemes are desired we can expand the scope to include the added
effort):
o Conceptual architectural floor plan (partial floor plan showing improvements at locker rooms).
• Conceptual finish floor plan (noting floor and wall finish locations as applicable).
o Provide up to two finish schemes for client review consisting of floor, cabinetry, and wall
material options as applicable. It is assumed that finish will integrate with existing finish
elements to remain.
• Conceptual architectural elevations (partial exterior elevations depicting extent of new addition,
materials, doors and new glazing).
• Conceptual interior wall elevations to convey finish intent only and cabinetry elevations.
• Conceptual structural foundation plan (partial floor plan showing improvements at locker
rooms).
• Conceptual framing plan(partial floor plan showing improvements at locker rooms).
• Conceptual site plan (showing extent of new addition, relocation of fuel tank and transformer,
and sanitary sewer routing as well as a new sidewalk).
• Conceptual electrical plan (partial floor plan showing power distribution at locker rooms).
• Conceptual lighting plan (partial plan showing lighting at locker rooms).
0 Conceptual plumbing plan (partial plan showing plumbing fixtures and domestic water and
sanitary sewer routing at locker rooms).
• Conceptual HVAC plan (partial plan showing heating,ventilation, and air conditioning at locker
rooms).
14 1 Page
• Construction cost estimate (forecasting anticipating construction cost and forecasting soft costs
for entire project). The showers and fitness room will be priced as a separate line item from the
lockers.
• Meet with City to review finish options.
SCHEDULE
It is anticipated that the work will require approximately 6 to 8 weeks in order to complete the
Conceptual Design Phase. At the conclusion of this effort, the conceptual design and cost forecast
will be used by City staff to establish the budgetary requirements .... T,,ee ftf lbet 2015.
FEE
Architect has set our fee as a fixed fee billed on a percent complete basis for the following phases.
Phase/Element Lockers Exterior Showers Fitness Room Total
Conceptual Design $21,500 included included $21,500
Total $21,500 included included $21,500
C
Reimbursable expenses (printing, copying deliveries, mileage, etc.) are not included in the fee
outlined above. Reimbursable expenses will be invoiced at cost plus 10% and are estimated to be
between $3,000 and $4,500. Reimbursable expenses will not be exceeded without the City's prior
approval.
ASSUMPTIONS
In addition to the scope of work outlined above,Architect shall assume the following:
• City will provide current electronic files of land survey (ALTA/Boundary/Topographic),
including legal description,geotechnical and environmental reports if required, any other reports
and/or surveys that are available, and other studies and/or reports as may be necessary for
completion of the project.
• City will not be pursuing sustainability certification for the project.
• City will approve the documents at the conclusion of each phase prior to proceeding with the
next phase. Redesign efforts after prior Client/Owner approvals, including but not limited to
City-driven design modifications,value engineering, cost reduction alternatives to the approved
design, or other such changes, will be provided as an additional service, with scope, schedule,
and fees to be evaluated on a case-by-case basis.
• City is responsible for all fees paid to public bodies having jurisdiction over the project.
• Improvements requiring on and off-site land use entitlements processes, such as Design Review,
and related services, such as meetings with Authorities Having Jurisdiction (AHJ),
neighborhood/community meetings, public hearings, and other related processes, are not
anticipated,and therefore are not included within the scope of this proposal.
• Design will be based on conditions identified through existing building documents, provided by
the City, or readily visible on project walkthroughs. Such impacts will be evaluated at the time
of discovery and addressed via additional services as necessary.
• Architect will rely on City provided existing facilities information for project, including but not
limited to type of construction,building area,occupancy classification and other such parameters
affecting design,construction documents,and permitting.
15 1 Page
i
• Seismic upgrades of existing facilities may be triggered by Code or other jurisdictional
requirements, including, but not limited to, change of use/occupancy classification or
modification of existing structural systems, and unless specifically included in the defined scope
of services above, seismic upgrades are not anticipated to be required, except for the portion of
the lateral system affected by the addition, and as such are not included in our scope of services
and fees. If it is determined throughout the course of the project that a seismic upgrade is
required,impacts will be evaluated and added via additional services.
• Square footage calculations will be provided as required to confirm compliance with building
and zoning code requirements only. Calculations of gross, net, and rentable square footages are
not included.
• Architect will utilize Revit as the documentation platform for the project. Architect's proposed
scope/fee is based on the Revit model being developed to Level 200-250 standard. The model
will be graphically represented with specific systems for primary building components, but as
generic systems for non-primary components with configuration and interfaces. It is anticipated
that City's consultants/vendors will also utilize Revit for their documentation, will be
responsible for modeling and detailing their respective components, and will comply with
Architect's expectations for document control standards. Architect will manage the base model
file for the consultant team.
• Architect anticipates that the City will enter into contract with a select General Contractor based
on a negotiated price, as such Architect will assist in issuing addenda during the subcontractor
bidding period, but the selected General Contractor will oversee the bid process.
EXCLUSIONS
In addition to any exclusions outlined within the proposal above, the architect has excluded the
following from the scope:
• Reimbursable expenses.
• Building permit fees, design review fees, or any other fees paid to public bodies having
jurisdiction over the project.
• Land survey, topographic survey, tree survey, or metes and bounds descriptions and related
specifications (to be provided by the City)
• Soils investigations/testing and related specifications (geotechnical services to be provided by
City)
• Appeals,variances,public hearing,land use approvals.
• Meeting with public agencies or other meetings other than those specifically identified above.
• Environmental review.
• Sensitive lands and/or wetlands delineation and/or mitigation design/approvals.
• Hazardous materials mitigation design.
• Traffic analysis.
• Pavement design and related specifications (geotechnical services to be provided by City)
• Off-Site improvements (such as roads,half street improvements,and utilities).
• Special foundation systems (e.g.,piles and structural slabs).
• Landscape design services and related specifications (to be provided by City as part of current
exterior improvements of building).
• Presentation-level 3D renderings.
16 1 Page
• Disables access compliance design other than that required by the current editions of the
Oregon Structural Specialty Code and the Americans with Disabilities Ace — Accessibility
Guidelines (ADAAG) for new construction,whichever is more stringent.
• Permits other than those identified within the proposal identified above (e.g., phase permitting,
trade permits, separate demolition permit).
• LEED Certification services.
• Construction cost estimating(beyond conceptual design).
• Materials testing/special inspections (to be provided by City).
• As-built certification to local jurisdiction.
• Fire protection design,layout(Architect will provide specifications for a design-build system).
• Franchise utility coordination for services or revised connections (to be provided by City or
CMGC)
j' • Graphics and/or signage design,permitting and related coordination and permitting.
• Acoustical engineering design and/or services.
• Data,telephone or low voltage design.
• Marketing materials.
C
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17 Pagc:
EXHIBIT B
ARCHITECT'S SCHEDULE OF RATES
181 '
Exhibit B
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HOURLY BILLING RATE SCHEDULE*
PRINCIPALS $ 115—$ 200
ARCH ITECTU R E/LAN DSCAPE
Project Architect I—III $ 80—$150
Architectural Designer III-IV $ 65—$ 115
Architectural Designer 1—II $ 50—$ 75
Designer/Drafter $ 45—$ 70
ENGINEERING
Project Engineer I—III $ 90—$ 150
Designer I--III $ 50—$ 105
Transportation Analyst I—11 $ 65—$ 80
Designer/Drafter $ 50—$ 90
PLANNING
Project Planner I—III $ 65—$ 145
Permit Coordinator $ 50—$ 65
Assistant Planner $ 50—$ 75
INTERIOR DESIGN
Interior Designer IV—V $ 80—$ 135
Interior Designer I--III $ 50—$ 125
Intern $ 30—$ 45
ADMINISTRATION
Administrator $ 50—$ 130
Word Processor $ 60—$ 80
Secretary/Records Clerk $ 30—$ 65
Expeditor $ 35—$ 50
*Subject to change May 1,2016
O:\WP\WP Library\ADMIN-GENERAL OFFICE\Rate and Reimbursable Schedules\2015-2016 Hourly Billing Rate Schedule.docx