Loading...
LRS Architechts - "' �I ' t! W CITY OF TIGARD, OREGON PERSONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st of September, 2009, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and LRS 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 1st of September, 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 1st of September, 2009 and shall expire, unless otherwise terminated or extended, on 30th of June, 2010. 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 twelve thousand dollars ($12,000.00) 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, Senior Planner, 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: LRS Architects Attn: Sean Farrelly, Senior Planner Attn: Paul Frank, Principal 13125 SW Hall Blvd., Tigard, Oregon 97223 Address: 720 NW Davis Street, Suite 300, Portland, OR 97209 Phone: 503- 639 -4171 ext. 2420 Phone: 503- 265 -1513 Fax: 503-718-2748 Fax: Email Address: seangtigard- or.gov Email Address: 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: 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 30th of June, 2010 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. CIT OF TIGARD CONTRACTOR E , ! A 111141" AL .713.441544/1jC„, By: Authorized City staff By: Authorized Agent of Contractor 1 ‘1(5r'r- . ZCor . 01 Date Date Exhibit A Scope of Services and Deliverables TASK 1. PROJECT INITIATION AND KICK -OFF MEETING 1.1 Meet with City staff and Facade Improvement Subcommittee to reconfirm the project objectives, scope of work, joint responsibilities, methodology, and other elements of the project. TASK 2: FACADE IMPROVEMENT PROGRAM 2.1 Serve as an on- retainer architect for the program and complete schematic design level drawings for up to four small building facades (30 -40 hours of work per facade.) Design work should be limited to the building's facade visible to the street. Examples of elements that would be eligible for reimbursement from the grant are: storefronts; cornices, gutters and downspouts; signs and graphics; exterior lighting; canopies and awnings; painting and masonry cleaning; interior window display lighting. Architect shall conduct measurements sufficient to develop a schematic drawing within the allotted hours. The facade designs must also be consistent with the Downtown Tigard Design Standards (currently in final draft form, scheduled to be adopted by December, 2009.) TASK 3 PUBLIC MEETINGS 3.1. Attend one meeting with the City Center Advisory Commission and up to two other meetings with City Council or citizen advisory bodies (if needed). Form W '9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Sery lce Name (as shown on your income tax return) LRS Architects, Inc r Business name, if different from above a c 0 o e Check appropriate box: ❑ Individual /Sole proprietor Corporation ❑ Partnership Exempt T ❑ Limited liability company. Enter the tax classification (D =disregarded entity, C= corporation, P .=-partnership) ► ❑ payee `p 2, ❑ Other (see instructions) ■ c c Address (number, street, and apt. or suite no.) Requester's name and address (optional) 0 720 NW Davis Street Suite 300 • O • City, state, and ZIP code to Portland OR 97209 ( List account number(s) here (optional) rn Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box, The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or - Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 93 1259453 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). • Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN, See the instructions on page 4. H i r Signature of 2 ^ , 1, • ,bL r ��f 13 1 Q Here U.S. person 11. ck V r VC/ �� CX � �`� k�T Date II. General Instructions Definition of U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • Section references are to the Internal Revenue Code unless otherwise noted. • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or to report, for example, income paid to you, real estate • A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701 -7). • abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W -9 only if you are a U.S. person (including a pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W -9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1. Certify that the.T1N you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is ,a partner in a 2. Certify that are not subject to backup withholding, or partnership conducting a trade or business in the United States, y you subject p provide Form W -9 to the partnership to establish your U.S. 3. Claim exemption from ' backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W -9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W -9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W -9. • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W -9 (Rev. 10 -2007) 08- 13 —'09 02:42 FROM— ZAPOSINSEKI— LEAVITT 5036394449 T -210 P001/001 F -183 - .e L4,, i..tK I II'It0/-1 I t Ut LIRbSILI I Y INbUKHNteh ` 08/13/2009 ¢ODUCER (503)639 - 4220 FAX (503)639 - 4449 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION :arosinski - Leavitt Insurance Agency of Oregon ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3285 SW Nimbus Ave. #120 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3eaverton, OR 97008 INSURERS AFFORDING COVERAGE NAIC # suRso LRS Architects, Inc. INSURER A: Hartford Casualty Ins. Co. .; 720 NW Davis INSURERS; Sentinel - Ins. Co., Ltd. i I Suite 300 INSURER C: Lexington Ins. Co. (AIG) Aly Portl and, OR 97209 INSURER 0: INSURER E OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R ADD'L TYPE OF INSURANCE POLICY hUMBSR + POLICY EXPIRATION LIMITS R INsRn F(MMtOrYYY) GENERAL LIABILITY 52S8AI25691 10/05/2008 10/05/2009 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 PRFMISFS (Fa nrsurnnrn) _ 1 CLAIMS MADE f X 1 OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL G ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS . COMP /OP AGG $ 2,000,000 . I POLICY n PRO - ICI LOC JEC i i AUTOMOBILE LIABILITY 52UEC704362 10/05/2008 10/05/2009 COMBINED SINGLE LIMIT X ANY AUTO (Es accidan1) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X (Per accident) S NON -OWNED AUTOS X Comp Ded $100 PROPERTY DAMAGE X Collision Ded $ 500 . (Par accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY 525BA1I5691 10/05/2008 10/05/2009 EACH OCCURRENCE ffi 3 000,000 TI OCCUR CLAIMS MADE AGGREGATE $ 3,000 , 000 $ DEDUCTIBLE $ 1 RETENTION $ $ WORKERS COMPENSATION AND I T OTH TO RY J 1 I MIY' --� �__ ER • EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ w OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ It yes, describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ orH�- 7879634 11/15/2008 11/15/2009 $2,000,000 each claim Prot. Liability for Architects and $2,000,000 policy aggregate Engineers SCRIPTION OP OPERATIONS 1 LOCATIONS! VEHICLES! EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS ERTIFICATIE_HOLDE_R CANCELLATION _ . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Tigard, OR 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Downtown Urban Renewal /Long Range Planning Sean Farrell y BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 13125 SW Hall Blvd . OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. Tigard, OR 97223 AUTHORIZED REPRESENTATIVE Joanne Taylor /JOTAYL :ORD 25 (2001108) FAX: (503)718-2748 CbACORD CORPORATION 1988 Hartford Casualty Insurance Company Print this page (a member of Hartford Insurance Group) This rating is assigned to Financial Slxmngth Rating A.M.Best #: 02229 NAIC #: 29424 FEIN #: 060294398 companies that have, in our opinion, an excellent ability to ' ( "k Address:One Hartford Plaza Phone: 860 - 547 -5000 meet their ongoing obligations Hartford, CT 06155 Fax: 860 - 547 -6343 to policyholders. A Ekcellsnt Web: www.thehartford.com Best's Ratings Financial Strength Ratings view Definitions Issuer Credit Ratings View Definitions Rating: A (Excellent) Long -Term: a+ Affiliation Code: p (Pooled) Outlook: Negative Financial Size Category: XV ($2 Billion or greater) Action: Downgraded Outlook: Stable Date: February 27, 2009 Action: Downgraded Effective Date: February 27, 2009 • Sentinel Insurance Company Ltd ! Print this page (a member of Hartford Insurance Group) This rating is assigned to Furancial Strength Rating'' A.M.Best#: 02234 NAIC #: 11000 FEIN #: 061552103 companies that have, in our Address: One Hartford Plaza Phone: 860 - 547 -5000 opinion, an excellent ability to meet their ongoing obligations A F5[ GelCent Hartford, CT 06155 Fax: 860 - 547 -6343 to policyholders. Web: www.thehartford.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating: A (Excellent) Long -Term: a+ Affiliation Code: p (Pooled) Outlook: Negative Financial Size Category: XV ($2 Billion or greater) Action: Downgraded Outlook: Stable Date: February 27, 2009 Action: Downgraded Effective Date: February 27, 2009 Lexington insurance Company Print this page (a member of American International Group) This rating is assigned to Financial strength Rating A.M.Best #: 02350 NAIC #: 19437 FEIN #: 251149494 companies that have, in our opinion, an excellent ability to ti )'": Address: 100 Summer Street Phone: 617 - 330 -1100 meet their ongoing obligations A &cannt Boston, MA 02110 Web: www.aiuholdings.com to policyholders. Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating: A (Excellent) Long -Term: a Affiliation Code: p (Pooled) Outlook: Negative Financial Size Category: XV ($2 Billion or greater) Action: Affirmed Outlook: Negative Date: November 10, 2008 Action: Affirmed Effective Date: November 10, 2008 • w A 1�L,i U ag_�R o CITY OF TIGARD CONTRACT SUMMARY FORM (THIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BE ACQUIRED) Title of Contract: Facade Improvement Program Contract #: '1BD Contractor: LRS Architects Total: $ 12,000 Brief Overview: Consultant will provide on- retainer services for the City's 1 Facade Improvement Program for Main Street business. Changes Made To Boilerplate Contract: 6 1,./:/}(1/4/;.?;,',1-,.,,,'„,:1;,,,.,. .. - . - - ItY'ii'I) Type of Contract: ❑ Purchase Agreement 2 Service ❑ Construction ❑ Other Start Date: 9/1/09 End Date: 6/30/10 LCRB Award Date: Contract Manager: Sean Farrelly - - Extension: 2420 Department: Community Dev Quotes /Bids /Proposals: COMPANY AMOUNT / SCORE LRS Architects / Ankrom Moisan Z Merryman Barnes 3 John Annand 4 Department Comments: . 1 /Mk ' / Department Signature f-2/0/01/W6)161 ' Date: - LS - 0 9 Purchasing Comments: Purchasing Signature: Date: O f3 4,1 Administration: Date: Certificate of Insurance Received? U'Yes ❑ No ❑ Self- Insured (Form Received) Business Tax Current? ❑ Yes ❑ No VI✓ Contractor License Current? ❑ Yes ❑ No ✓1-\ ( ' Federal TIN /1099 #: 93- 1259453 , Bonds Required: ❑ Yes a'No Accounting String: Fund Division Account Total ry 5 `4 O G I 4. 1 o a L) g 0 Do