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LRS Architects, Inc. ~ 7-1077 CITY OF TIGARD,OREGON ARCHITECTURAL SERVICES AGREEMENT BUILDING REMODEL DESIGN&CONSTRUCTION OVERSIGHT-PW FACILITIES THIS AGREEMENT, made and entered into this 25th day of October, 2006, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and LRS .Architects Inc;, whose authorized representative is Paul Boundy, AIA, and having a principal being a registered architect of the State of Oregon, hereinafter referred to as the "Architect." RECITALS WHEREAS, the City's Fiscal Year 2Q,, .0 budget provides for the services of an Architect for the design and construction of PW Facrhfies din Rernodel'Des ` and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the program of the City; and WHEREAS, the City desires to engage the Architect to render professional architectural services for the project described in this Agreement, and the Architect is willing and qualified to perform such services; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Architect's Scope of Services The Architect shall perform professional architectural services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution by the City's Local Contract Review Board, and shall expire, unless otherwise terminated or extended, on completion of the work or June 30, 20 whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Architect's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit 1 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 I of this agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of FLftyFive`Thousand Nme£ undied Fire and:00%1.00 dollars (55.15,P6154 without prior written authorization. 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Architect and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Architect's Architectural Services Agreement-Page 1 Rev. -03/22/02 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 engineer 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 1 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, famishing 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 and authorized for expenditure to finance costs of this contract. 5) Architect shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Architect shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. Architectural Services Agreement-Page 2 Rev. -03/22/02 6) If Architect fails, neglects or refuses to make prompt payment of any claim for labor, materials, or services fumished to Architect, sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Architect. The payment of the claim in this manner shall not relieve Architect or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Architect; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, on 3 mil minimum thickness mylar 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. B. The City shall make copies, for the use of and without cost to the Architect, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Architect pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Architect shall furnish to the City, copies of all maps, records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Architect at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Architect shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Architect is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Architect's work product is satisfactory and consistent with this agreement, but Architect is not subject to the direction and control of the City. Architect shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Architect is an independent contractor and not an employee of City. Architect acknowledges Architect's status as an independent contractor and acknowledges that Arcltect is not an employee of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Architect to provide services under this contract are employees of Architect and not of City. Architect acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Architectural Services Agreement-Page 3 Rev. - 03/22/02 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 certifies that it currently has a City business tax receipt or will obtain one prior to delivering services under this Agreement. 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 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 shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Architect or its subcontractors, sub-consultants, agents or employees under this contract. 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 shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional Architectural Services Agreement-Page 4 Rev. - 03/22/02 negligent acts, errors or omissions of Architect or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. Any design 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. 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. 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 all 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 (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 $2,000,000 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. Professional Liability Architect shall obtain, at Architect's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000 and filed on a"claims-made"form. C. Commercial Automobile Insurance Architectural Services Agreement-Page 5 Rev. - 03/22/02 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 $1,000,000. D. Workers' Compensation Insurance The Architect, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Architects who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. E. Additional Insured Provision The Commercial General Liability Insurance Policy and other policies the City deems necessary shall include the City its officers, directors, and employees as additional insureds with respect to this contract. Coverage will be endorsed to provide a per project aggregate. F. Extended Rqporting Coverage If any of the aforementioned liability insurance is arranged on a "claims-made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum time period the Architect's insurer will provide such if less than 24 months. Architect will be responsible for furnishing certification of Extended Reporting coverage as described or continuous "claims-made" liability coverage for 24 months following contract completion. Continuous "claims-made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective date of this contract. Coverage will be endorsed to provide a per project aggregate. G. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. H. Insurance Carrier Rating Coverage provided by the Architect 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. I. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Architect shall fiirnish a Certificate of Insurance to the City. No contract shall be effected until the Architectural Services Agreement-Page 6 Rev. - 03/22/02 required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the address below ten days prior to coverage expiration. J. 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. K. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution, and errors and omissions policies required by this contract. Architect's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without 30 days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Ro��l�iurchas4n City of Tigard Business Phone 503-639-4171,Ext. 2699 13125 SW Hall Blvd. Business Fax: 44' Tigard, Oregon 97223 Email Address NW@tigard-or.gov Such policies or certificates must be delivered prior to commencement of the work. Thirty days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. 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. Architectural Services Agreement-Page 7 Rev. -03/22/02 4 . 3) If any license or certificate required by law or regulation to be held by Architect, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Architect becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Architect, if a receiver or trustee is appointed for Architect, or if there is an assignment for the benefit of creditors of Architect. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Architect, may terminate the whole or any part of this Agreement: 1) If Architect fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Architect fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten days or such other period as City may authorize. 3) If Architect fails to eliminate a conflict as described in Section 14 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Architect shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Architect shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Architect bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Architect. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 11. Non-Waiver The failure of City to insist upon or enforce strict performance by Architect of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 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: Architectural Services Agreement-Page 8 Rev. -03/22/02 {I CITY OF TIGARD gb Marchison Business Phone: 503-639-4171 ext 2699 13125 SW Hall Blvd. Business Fax: 503-684-8840 Tigard, Oregon 97223 Email Address:robm@tigard-or.gov CONTRACTOR LRS Architects, Inc. Business Phone: 503-221-1121 1121 SW Salmon, Ste. 100 Business Fax: 503-221-2077 Portland, OR 972.5 Email Address:4_._v`' and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices,bills and payments are to be given by giving written notice pursuant to this paragraph. 13. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 14. Professional Services The.City requires that services provided pursuant to this agreement shall be provided to the City by an Architect, which does not represent clients on matters contrary to City interests. Further, Architect shall not engage services of an architect and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Architect represent clients on matters contrary to City interests or engage the services of an architect and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Architect shall consult with the appropriate City representative regarding the conflict. After such consultation, the Architect shall have five ,( busiM 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. Architectural Services Agreement-Page 9 Rev. -03/22/02 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 659.425, 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 Chan i Work Only the N' ob Murchison, may authorize extra (and/or change) work. Failure ..wa of Architect to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Architect thereafter shall be entitled to no compensation whatsoever for the performance of such work. 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With Applicable Law Architect shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 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 fiords. 24. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by Architectural Services Agreement-Page 10 Rev. -03/22/02 any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 25. INDUSTRIAL ACCIDENT FUND PAYMENT Architect shall pay all contributions or amount due the Industrial Accident Fund form that Architect or subcontractors incur during the performance of this Agreement. 26. Complete Agreement This Agreement and attached exhibit(s) 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. Architect,by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Architect has executed this Agreement on the date hereinabove first written. CITY OF TIGARD APPROVED BY LOCAL CONTRACT REVIEW BOARD ON: ac,14 Lz,— Date By: (Ruth zed City saffpersonletting contract) Date ARCHITECT Print Finn Name Print Name&Title of Architect's Authorized Representative K6r,,:�,w 3, 2ocxv Si iature Date Architectural Services Agreement-Page 11 Rev. -03/22/02 EXHIBIT 1 DUTY OF ARCHITECT The Architect shall render professional architectural services as described below: 1. Basic Services 2. Special Services Only when directed in writing by the City, the Architect shall furnish or acquire for the City the following professional and technical services: 3. Performance Architectural Services Agreement-Page 12 Rev. -03/22/02 t EXHIBIT 2 SCOPE AND SCHEDULE OF WORK The general phases of the project will be to provide (1) the final remodel design of city buildings from the existing conceptual designs provided by the City and remodel construction cost estimates for the 2006/07 remodel construction season, (2) the development of construction bid scope of work and drawings and assist City with bid process, and (3) the construction management of the remodel construction contracts/process. The City buildings being remodeled are located at: • 8777 SW Burnham Street, Tigard,Oregon 97223 - Tigard Water Building 0 12800 SW Ash Avenue, Tigard,Oregon 97223 - Public Works Administration Facility A. PROJECT TIMELINE The tentative timeline (to be refined by the Architect) as of 09/06/2006) for the project is as follows: Date Process Step / Task 09/14/2006 Advertisement in the Daily Joumal of Commerce 09/21/2006- 9:00 AM PST Mandatory Pre-Proposal Facility Walkthrough 10/03/2006- 2:00 PM PST Proposals Due 10/04/2006- 10/05/2006 Short List Selection 10/06/2006 &10/07/2006 Short List Interviews (if necessary) 10/24/2006 Tigard LCRB Formal Action 11/01/2006 Contract Start Date 11/06/2006- 11/10/06 Consultant conducts staff interviews &site visits 11/10/2006- 11/27/2006 Consultant develops final design plans based on discussion with staff&site visits 11/28/2006 Design options presented to Space Planning Committee 12/12/2006 City approves final design option 12/14/2006 Space Planning Committee reviews with Consultant & authorizes final plans for construction bid 12/18/2006 Consultant submits construction estimates 12/18/2006- 12/22/2006 Consultant finalizes remodel construction documents 01/03/2007 Advertisement for invitation to bid 01/11/2007 Construction Pre-Bid Walkthrough 01/23/2007 Bid responses due at 2 PM 01/30/2007 LCRB action packet due 02/13/2007 Formal LCRB Action 02/19/2007 Construction Contract execution & Consultant serves as City's rep for project oversight 02/19/2007 Construction work on remodel begins 06/01/2007 Staff moves into remodeled Water Building B. SCOPE OF WORK The major phases of the project shall be as follows: Architectural Services Agreement-Page 13 Rev. - 03/22/02 1. Finalize Remodel Design Of City Buildings From The Existing Facility Needs Analysis Provided By The City & Provide Remodel Construction Cost Estimates For The 2006/07 Remodel Construction Season Under this phase, the Proposer will finalize the remodel design of the existing water building, and Public Works Administration Yard. Final design will be based on program requirements keeping in mind the Space Planning Committees goals and assumptions provided by the City. The program requirements will identify the structural system changes that can be legally occupied and fully used for the intended functions as remodeled, as well as mechamcal/electrical/phone/data systems, plumbing changes and lighting system upgrades which will be anticipated to be in place to provide for efficient and effective space use. The level of detail shall be such that subsequent construction efforts for the remodel can commence within the timeline for the project. Any special design constraints, opportunities, or approaches to the project that will allow the City to construct the various components for a lower cost or avoid extra costs shall be identified as they become apparent during this phase and each successive phase of the project. Proposer shall prepare documents consisting of drawings, fixture and equipment schedules and other documents illustrating the general scope, scale and relationship of project components for approval by the City. It is anticipated that this phase consists of evaluating the elements of the project for integration of green building concepts to produce a building that embraces sustainable principles. Proposer shall model the existing building with the proposed building modifications in order to estimate the energy savings and provide economic evaluation of such modifications. The proposer shall provide services in applying and receiving on behalf of the City: a) Energy Tax Credits and b) Energy Trust of Oregon incentives for energy improvements to the City's existing building. Please Note: Under this phase and each subsequent phase, the Proposer will provide assistance in two areas: a. Identifying and obtaining any necessary permits including but not limited to: land use, wetlands, etc. This task may require coordination with City departments or other agencies. The Proposer will represent and assist the City with the preparation and submittal of permit applications and supporting documentation such as rendering, maps, and other documents as required by agencies for the permitting process. Proposer shall assist the City during application processing and assist with presentations to agencies as necessary. Proposer will coordinate its work with the City staff and,if necessary, City's legal counsel. b. Assuring that applicable codes are met. This may include; building, plumbing, electrical, mechanical,telecommunication, and other federal, state and local rules which may affect the remodel construction project. 2. Develop Scope of Work and Exhibits For An Invitation To Bid For A Contractor And Assist City With Bid Process Under this phase, the Proposer shall provide those services necessary to prepare from the approved design documents, construction documents consisting of drawings, specifications and other documents setting forth in detail the requirements for construction of the project. Proposer shall assist the City in obtaining bids and in awarding contracts for Architectural Services Agreement-Page 14 Rev. - 03/22/02 construction. In the case of phased construction, the City may authorize bidding and/or negotiation of portions of the work prior to completion of the construction. The Proposer's services during this phase shall consist of: a. Architectural Design/Documentation Services consisting of preparation of drawings based on approved finalized design documents setting forth in detail the architectural construction requirements for the Project including but not limited to seismic upgrades required by the UBC. b. Structural Design/Documentation Services consisting of preparation of final structural engineering calculations; drawings and specifications based on approved finalized design documents, setting forth in detail the structural construction requirements for the Project. c. Mechanical Design/Documentation Services consisting of preparation of final mechanical engineering calculations, drawings and specifications based on approved finalized design documents, setting forth in detail the mechanical construction requirements for the Project. d. Electrical Design/Documentation Services consisting of preparation of final electrical engineering calculations, drawings and specification based on approved finalized design documents, setting forth in detail the electrical construction requirements for the Project. e. Civil Design/Documentation Services consisting of preparation of final civil engineering calculations, drawings and specifications based on approved finalized design documents, setting forth in detail the civil construction requirements. f. Materials Research/Specifications Services consisting of activities in preparation of Bidding Documents which describe the time,place and conditions of bidding, bidding forms; development and preparation of architectural specifications describing materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the project; coordination of the development of specifications by other disciplines; compilation of Project Manual including Conditions of the Contract, Bidding Documents and Specifications. g. Project Development Scheduling Services consisting of reviewing and updating previously established schedules for the permitting, design, construction and final building occupancy. h. Statement Of Probable Construction Cost Services consisting of updating and refining the design phase estimate of Probable Construction Budget of the project, related to the construction cost budget and taking into consideration: availability of materials and labor; project delivery; procedures; construction sequencing and scheduling; changes in scope of the project; adjustments in quality standards. i. All specified items shall be standard, cataloged, manufactured items or "off the shelf" Architectural Services Agreement-Page 15 Rev. - 03/22/02 l items. No custom items are to be designed or specified without prior written authorization of the City. No proprietary or "sole source" items shall be specified. Brand name products may be specified so long as "approved equal" is included with their specification. j. Recycled products shall be used where they are economically feasible. The Proposer shallP ive reference to materials and supplies manufactured from recycled materials g PP yc under the following conditions: 1) The recycled product is available; 2) The recycled product meets applicable standards; 3) The recycled product can be substituted for a comparable non-recycled product; and 4) Recycled product costs do not exceed the costs of non-recycled products by more than five percent. k. Bidding Materials Services consisting of organizing and handling bidding documents for: coordination; reproduction; completeness review; distribution; distribution records; retrieval; receipt and return of document deposits; review, repair and reassembly of returned materials. 1. Addenda Services consisting of preparation for distribution by the City of addenda as supplementary drawings, specifications, instructions and notice(s) of changes in the bidding schedule and procedure. in. Bidding Process Services consisting of: assistance to the City in establishing list of bidders; participation in pre-bid conferences; responses to questions from bidders and clarifications or interpretations of the Bidding Documents; attendance at bid opening(s); documentation and distribution of bidding results. n. Analysis Of Alternates/Substitutions Services consisting of consideration, analyses, comparisons, and recommendations relative to alternates or substitutions proposed by bidders either prior or subsequent to receipt of bids or proposals. o. Special Bidding Services consisting of: attendance at bid openings, and documentation of decision for multiple contracts or phased construction; technical evaluation of alternate building systems;participation in detailed evaluation procedures for building systems proposals. p. Bid Evaluation Services consisting of: validation of bids or proposals; participation in review of bids; evaluation of bids; recommendation on award of contract(s); participation in negotiations prior to or following decisions on award of the Contract(s) for Construction. 3. Construction Management Of Remodel Construction Contracts Process In the Construction Management Phase, the Proposer shall provide those services Architectural Services Agreement-Page 16 Rev. - 03/22/02 necessary for the administration of the Construction Contract as set forth in the Contract for Constriction. The Proposer's services during this phase shall consist of: a. Office Construction Administration Services consisting of: Processing of submittals, including receipt, review of, and appropriate action on shop drawings, product data, samples, performance data and certifications, technical manuals submitted by the contractor and other submittals required by the Contract Documents; distribution of submittals to City, Contractor and Inspector as required; maintenance of master file of submittals; related communications. Submit complete submittal files to the City upon completion of the project. b. Inspection Coordination Services relating to independent inspection and testing agencies, consisting of: Administration and coordination of field testing required by the contract documents; recommending scope, standards, procedures and frequency of testing and inspections; arranging for testing and inspection on City's behalf; notifying inspecting and testing agencies of status of the work requiring testing and inspection; evaluating compliance by testing and inspection agencies with required scope, standards, procedures and frequency; review of reports on inspections and tests and notifications to owner and contractor(s) of observed deficiencies in the work. C. Coordinate Construction-Related Permit Conditions And Special Inspections The Contractor shall perform all work required to make permit changes and updates. The Contractor shall submit permit changes and updates for review by the appropriate regulatory agency, and, if approved, incorporate the changes and/or updates into the appropriate subcontract packages) and record drawings. d. Review progress payment requests from the Contractor for progress payments and recommend the appropriate amount to the City for payment to the contractor. Payment recommendations will be based upon the approved breakdown of the contractor's lump sum contract amount. e. Provide clarification of the contract documents to the contractor based upon the contractor's written requests for clarifications, verbal requests or as the need otherwise arises. Prepare written responses and drawings or sketches as necessary to the contractor to clarify the contract documents. f. Services Related To Change Orders These include preparation of change order proposal description and justification documentation, including review of the Contractor's proposals for reasonableness of quantities and costs of labor and materials, assistance with negotiation of the change with the contractor, making recommendations to the City regarding any change orders, and processing the formal change order documents. g. Prepare and submit a monthly project status report to the City. Each monthly report by the Proposer will include schedule status, progress payment and budget status, project photos, change order status and potential problems or claims descriptions. The Architectural Services Agreement-Page 17 Rev. - 03/22/02 report will be presented by the Proposer to the DUST Committee, or designee, monthly if so desired. Up to 12 copies of the report will be submitted. h. Notify city of potential or actual claims or protests of the contractor. Coordinate with City staff and, if required, City legal counsel regarding these matters. i. Conduct Site Visits Site Visits by the Proposer's project manager shall occur when significant remodel construction is occurring. These visits will be dictated by the type of construction activities occurring. The purpose of these visits is to answer questions regarding the contract documents, manage resolution of project difficulties, review the progress of the work, and review the construction work to confirm that it is proceeding in accordance with the requirements of the contract documents. Specifically, a minimum of one meeting per a week during any and all construction will be held by the project manager. This meeting will be scheduled and directed by the architect's project manager and will consist of but not limited to: (1) updated construction schedule, (2) Est of action items, (3) review of the meeting notes from the previous weeks meeting, (4) dictation of current meeting and (5) any other project documentation or decision required to keep the project on schedule. It is the expectation that the architect's project manager will be the responsible person in charge and either perform the tasks required or delegate responsibilityto the contractor's representative. j. Supplemental Documents Services consisting of: Preparation, reproduction and distribution of supplemental drawings, specifications and interpretation in response to requests for clarification by Contractor(s) or the City and required by construction exigencies; forwarding City's instructions and providing guidance to the Contractor(s) on the Cit/, s behalf relative to changed requirements and schedule revisions. k. Project Closeout Services initiated upon notice from the Contractor(s) that the Work, or a designated portion which is acceptable to the City, is sufficiently complete, in accordance with the Contract Documents, to permit occupancy or utilization for the use for which it is intended, and consisting of: a detailed inspection with the Owner's representative for conformity of the Work to the Contract Documents to verify the list submitted by the Contractor(s) of items to be completed or corrected; determination of the amounts to be withheld until final completion; issuance of Certificates of Substantial Completion; inspection(s) upon notice by the Contractor(s) that the Work is ready for final inspection and acceptance; notification to City and Contractor(s) of deficiencies found in follow-up inspection(s), if any; final inspection with the City's representative to verify final completion of the Work; receipt and transmittal of warranties, affidavits, receipts, releases and waivers of lien or bonds indemnifying the City against liens; issuance of Final Certificate(s) for Payment. 1. Maintenance And Operational Programming Services consisting of: assistance in the establishment by the City of in-house program(s) of operation and maintenance of the HVAC arranging for and coordinating instructions on operations and maintenance on equipment in conjunction with manufacturers' representatives; assistance in the preparation of operations and maintenance manual(s) for the City/s use. Architectural Services Agreement-Page 18 Rev. - 03/22/02 m. Start-Up Assistance Services consisting of: on-site observation, troubleshooting and assistance in the operation of building systems during initial occupancy, assistance in the training of the City's operation and maintenance personnel in proper operations, schedules and procedures; procurement of Operation Manuals from Contractor(s) with no less than one copy being provided to City; administration and coordination of remedial work by the Contractor(s) after final completion. n. Develop protocol for preparing record drawings and coordinating the preparation of the drawings. Record drawings shall be prepared using AutoCAD, Version 12 or higher. o. Record Drawings Services consisting of:preparation of record drawings on reproducible mylar, and CAD disk including significant changes in the work made during construction including modifying the floor plan layouts including partitions, furniture and equipment; transmittal of record drawings and general data, appropriately identified, to the City and others as directed. p. Warranty Review Services consisting of: consultation and recommendation to the City during the duration of the twelve month warranty period in connection with inadequate performance of materials, systems and equipment under warranty; inspection(s) prior to expiration of the warranty period to ascertain adequacy of performance of materials, systems and equipment; documenting defects or deficiencies and assisting the City in preparing instruction to the Contractor(s) for correction of noted defects. C. INNOVATIONS AND EFFECTIVENESS 1. Any service innovations Proposer is proposing. 2. The effectiveness of the proposed remodel services and how such effectiveness is measured. 3. Any unique services or special expertise your firm offers that might be of interest to the City. Architectural Services Agreement-Page 19 Rev. - 03/22/02 r CITY OF TIGARD CONTRACT SUMMARY FORM THIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BEA COUIRED) Title of Contract: Building Remodel Design& Construction Contract#: Oversight - PW Facilities Contractor: LRS Architects, Inc. Total: $55,905 Brief Overview: Contractor will provide architectural design and construction oversight for the remodel of the Water Building. Changes Made To none Boilerplate Contract Type of Contract: ❑ Purchase Agreement ❑ Personal Service ❑ Public Improvement ® Other Start Date: upon execution End Date: 6/30/07 LCRB Award Date: 10/24/06 Contract Manager: Rob Murchison Extension: 2699e artment: PW Quotes/Bids/Proposals: COMPANYSCORE LRS Architects, Inc. ;: sol x„ e ro osal ID cvyd,i.dee -ed-jt5y iVadl 61-4'- L L 25ay-b" Deb. Department Comments; De artment Si Date:` Purchasing Con''Imen �a Purchasing S' ure: Date: 04 Administration: - - Date' Certificate of Insurance eceived? ® Yes ❑ No ❑ Self-Insured (Form Received) Business Tax Current? ® Yes ❑ No Contractor License Current? ❑ Yes ❑ No Federal TIN/1099 #: 93-1259453 Bonds Required: ❑ Yes ®No Accounting String: Fund Division Account Total 300 6100 750135 $55,905