SERA Architects - 9-1188 zq
V()RIGINAL
CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 26th of May, 2009, by and between the CITY OF TIGARD, a
municipal corporation of the State of Oregon, hereinafter called City, and SERA Architects, hereinafter called
Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and experience
possessed by Contractor, and
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 on 26th of May, 2009 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 26th of May, 2009 and shall expire, unless otherwise terminated or
extended, on 31 st of October, 2009. 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 Thirty-four thousand, nine hundred and twen , -seven
dollars ($34,927) annually for performance of those services described in this Agreement. Payment will be
made based on Contractor's invoice, subject to the approval of Sean Farrelly, and not more frequently than
monthly. Payment shall be payable within thirty (30) days from the date of receipt by the City.
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:
Contact Manager for City: Contact Manager for Contractor:
City of Tigard Company: SERA Architects
Attn: Sean Farrelly Attn: Matthew Arnold
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: 338 NW 5` Ave., Portland, OR 97209
Phone: 503-639-4171 ext. 2420 Phone: 503-445-7340
Fax: 503-718-2748 Fax: 503-445-7395
Email Address: sean@tigard-or.gov Email Address: MatthewA@serapdx.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 fmding 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 ne lig`gent
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:
a. 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 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 1,000,000
Personal & Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, Contractor shall provide City a certificate indicating that
Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The
Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as
an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If
• Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this
paragraph.
c. 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.
d. 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.
e. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate
of 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 31 of October 31, 2009
shall be accompanied by sixty (60) days written notice to the other party prior to the date termination would
take effect. There 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 Chapter 279 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 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 Contractor has executed this Agreement on the date hereinabove first written.
CITY OFT[ R CONTRACTOR
By: Craig Ylsser, City Manager By: Authorized Agent of Contracto
Date Date
1
Exhibit A
Scope of Services and Deliverables
Tigard Downtown Urban Renewal District Circulation Plan
TASK 1. PROJECT INITIATION AND KICK-OFF MEETING
1.1 Meet with City staff to reconfirm the project objectives, scope of work, joint
responsibilities, methodology, and other elements of the project. The project initiation
will also include a guided tour of the Downtown Urban Renewal District by City staff to
provide background on the project area.
Task 1 Consultant Deliverables:
Finalized Work Plan and Schedule
TASK 2: DOWNTOWN CIRCULATION PLAN
2.1 Existing Conditions Analysis and Background Research
Review previous relevant planning documents including the Tigard Downtown
Improvement Plan, Downtown Streetscape Design Plan, Tigard Downtown Future
Vision, and proposed Downtown Tigard Code Amendments. The conceptual street
network illustrated in the Tigard Downtown Future Vision and the Downtown
Streetscape Design Plan should be used as starting points in the development of a
circulation plan.
2.2 Circulation Plan Map, Functional Classifications, and Street Sections.
Develop a map specifically identifying the recommended location of Downtown streets
and pedestrian pathways within the Downtown Urban Renewal District (down to the
parcel level). This map will be used to determine the necessary rights-of-way to
implement the Downtown circulation system. The map should take into account access
to and from the Downtown, movement within the District, the spacing of intersections,
and block sizes. The map will reflect flexible ways to achieve the goal of connectivity:
within the recommended new transportation network, some connections may be
designated as essential streets and others may have acceptable alternatives (pedestrian
pathways, and/or alleys).
Include a range of flexible street functional classifications and street cross-sections that
address the elements of lane width, on-street parking, bicycle lanes, planting strips,
sidewalks, shoulder, street trees, and medians for each functional street classification (i.e.
collectors, local streets, etc.)
2.2.1 Circulation Plan Alternatives
These alternative variations of the circulation map will be based on the review of
existing conditions and background Tigard planning documents, urban design best
practices, and the team's input from transportation engineering and real estate market
Exhibit A: Scope of Services and Deliverables
Page 1
specialists. The team will review these draft materials with City staff and'the Technical
Advisory Committee (TAC) to ensure.-both technical feasibility and consistency with
previous planning efforts for Downtown Tigaid prior to,their review by stakeholders
and the general public. The,team will present these-alternatives at a public open house
for review,.and comment-prior to formulating a, Preferred Circulation'Plan Map.
2.2.2 Preferred Circulation Plan Map, Functional Classifications, and Street Sections.
With input from City staff, the TAC, project area stakeholders'(via City staff), and the
general-public, assemble.a Preferred Circulation Map, functional classification
descriptions, and illustrative cross-sections. Final refinements to these materials will be
made.following the Transportation Engineering Review.
Task 2 Con sultant'Deliverables:
A. Alternative Circulation Plan Maps with.associated functional classification descriptions
and illustrative street sections.
B. Preferred Circulation Plan Map, Functional Classifications, and Street Sections
TASK 3: PUBLIC PROCESS
3.1 Facilitate Technical Advisory Committee meetings for duration.of project, not to exceed
four (4) meetings.
3.2 Attend two meetings of the City Center Advisory Commission to present alternatives
and preferred Circulation Plan Map, Functional Classifications, and Street Sections
3.3 Attend one open House, organized by City staff. Provide materials on alternative
Circulation Plan Map, Functional Classifications, and Street Sections for review and
comment at this meeting.
TASK 4: TRANSPORTATON ENGINEERING REVIEW
4.1 Qualitative transportation engineering review throughout the development of the new
Downtown transportation network to determine operational efficiency and connectivity
for all transportation modes. The review should take into consideration the current
update to the City's Transportation System Plan
4.2 Quantitative review including three intersection analyses and recommendations on
traffic control and lane configuration for streets these intersections necessary to meet
City and/or ODOT intersection operational standards.
Task 4 Consultant Deliverables:
A. Transportation engineering review technical memorandum
TASK 5: REAL ESTATE ASSESSMENT
Exhibit A: Scope of Services and Deliverables
Page 2
5:1 A real estate assessment to gauge the impacts anticipated to be caused by the new
downtown transportation network. This analysis will examine both the impacts to individual
properties and to the urban renewal district as a whole.
Task 5 Consultant Deliverables:
A. Real estate assessment technical memorandum
TASK 6: FINAL REPORT
6.1 Completion of report compiling the analysis, map, street sections, technical data and
graphics described above.
Task 6 Consultant Deliverables
A. Twenty-five 'hard copies and a PDF version of the comprehensive report
B. Maps, street sections and other graphics and drawings provided in•a format compatible
with Adobe In Design.
C. Any other spreadsheets, databases-or other work-performed on'.the project.
TASK 7: FINAL PRESENTATION
7.1" Preparea PowerPoint brother' slide presentation of the report findings
t
7.2 Make a presentation to Tigard City.Council
"1
Task 7 Consultant Deliverables
f. Disc with final presentation
Fees and Expenses.
The following'are the fees for the work-described in the Scope of Work by task:
Existing Conditions Analysis & Background Research $5,312
Circulation Plan $11,036
Transportation Engineering Review $3,830
Real Estate Assessment $3,830
Final Deliverables $2,830
Public Process $6;746
Reimbursable Expenses (4%) $1,343
TOTAL $34,927
Exhibit A: Scope of Services and Deliverables
Page 3
This total fee represents a not-to-exceed budget. Billing shall occur monthly at a percent
completed by task.
Schedule of Rates
For this contract, hourly rates for all personnel presented in this proposal are as follows:
Staff Hourly
Rate
SERA Architects
Marcy McInell Principal. $150
Matthew Arnold, Project.Maria er $115
Alison Wildman, Urban Designer $92
Michelle Marx,-,Urban Designer $81
T. Keller, Administrative $55
Kittelson and Associates
Beth Wem le, Principal $200
Johnson Reid
Jerry ohnson, Principal f 2 DO
:r
i
i
,
Exhibit A: Scope of Services and Deliverables
Page 4
U
ORIGINAL
CITY OF TIGARD
CONTRACT SUMMARY FORM
(THIS MUSTACCOMPANYEACH CONTRACT BEFOREAUTHORIZATION SIGNATURE CAN BEACQUIRED)
Title of Contract: Tigard Downtown Urban Renewal District Contract#:
Circulation Plan % ,�
Contractor: SERA Architects Total: $34,927
Brief Overview: A circulation plan,including a map and street cross sections for vehicle,pedestrian,and
bicycle circulation in the Downtown Urban Renewal District.
Changes Made To Page 2,Indemnification —added"negligent" to 4th line
Boilerplate Contract:
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Type of Contract: ❑ Purchase Agreement UrPersonal Service ❑ Construction ❑ Other
Start Date:May 26,2009 End Date: October 31,2009 LCRB Award Date:
Contract Manager: Sean Farrelly Extension: 2420 Department:Long Range Planning
Quotes/Bids/Proposals: I COMPANY AMOUNT / SCORE
SERA Architects $34,927/ 1
W IPacific $38,633/ 2
Crandall Arambula Proposal requested,not
submitted
Department Comments:
De artment Si afore ^,A '/�1/ Date: d
Purchasing Comments:
Purchasing Signature: Date: 05 o?(p
Administration: Date: C, p d
Certificate of Insurance ceived? 01yes ❑ No ❑ Self-Insured onm Received
Business Tax Current? ❑Yes ❑ No Contractor License Current? ❑Yes ❑ No
Federal TIN/1099 #: 93-0723380 Bonds Required: ❑Yes ❑ No
Accounting String. Fund Division Account Total
1.09--229ff-68499& $34,927.00
March 22, 2010
Matthew Arnold
SERA Architects
338 NW 5th Avenue
Portland, OR 97209
RE: City of Tigard Contract No.: 9-1188 Downtown Tigard Circulation Plan
CONTRACT NOTICE OF AWARD - EXTENSION
Dear Matt:
The City of Tigard would like to extend your current contract for the Downtown Tigard
Circulation Plan through September 30, 2010. This extension period shall be governed by
the specifications, pricing, and the terms and conditions set forth per the above referenced
contract. In accordance with these conditions, the extension of the contract will not affect
the compensation for services performed. The total amount of compensation will not
exceed $43,227.
Please acknowledge your acceptance of this extension by signing this document in the space
provided below and returning it to:
City of Tigard
Attn: Sean Farrelly
13125 SW Hall Blvd.
Tigard, OR 97223
We will send a copy of the letter to you after it is signed by the Tigard designee
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requiraments. terms, a conditions as set forth in the above referenced Contact.
Date:
Timothy Smith, SERA Architects
Date:
Sean Farrelly, City of Tigard
October 23, 2009
Matthew Arnold
SERA Architects
338 NW 5th Avenue
Portland, OR 97209
RE: City of Tigard Contract No.: 9-1188 Downtown Tigard Circulation Plan
CONTRACT NOTICE OF AWARD - EXTENSION
Dear Matt:
The City of Tigard would like to extend your current contract for the Downtown Tigard
Circulation Plan through February 28, 2010. This extension period shall be governed by the
specifications, pricing, and the terms and conditions set forth per the above referenced
contract. In accordance with these conditions, the extension of the contract will not affect
the compensation for services performed. The total amount of compensation will not
exceed $34,927 (unless additional tasks are mutually agreed upon).
Please acknowledge your acceptance of this extension by signing this document in the space
provided below and returning it to:
City of Tigard
Attn: Sean Farrelly
13125 SW Hall Blvd.
Tigard, OR 97223
We will send a copy of the letter to you after it is signed by the Tigard designee
joAge- V�����
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms, and conditions as set forth in the above referenced Contact.
Date:
Marcy McInelly, SERA Architects
Date: 0 3 v U T
SQq,, FAP,i �,City of Tigard