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DECA Architecture, Inc ~ C130068 City of Tigard 13125 Ste'Hall Blvd. 111 a CONTRACT CHANGE ORDER Tigard,Oregon 97223 AMENDMENT SUMMARY FORM Phone- (503) 639-4171 T I G A R D Fax- (503) 684-7297 www.tigard-or.gov Project Tide: Facade Improvement/On-retainer Project Manager: Sean Farrelly Architectural Services Contractor: DECA Architecture Inc. Original Contract#: C130068 Effective Dates: Change Order/Amendment Amount: $N/A Accounting String: 940-8000-56005 Amendment Percentage Running Total: AMENDMENT DETAILS This amendment changes the contract end date from June 30, 2014 to June 30, 2015. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ I REASONING FOR CHANGE ORDER/AMENDMENT There's more work to be done. REQUESTING PROJECT MANAGER ' APPROVING CITY STAFF Sire Signature 1®)-Z r/ 7 7ui'y ! /bat Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for signature the work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total Date of Amendments cannot exceed 25%of the original contract. CITY OF TIGARD, OREGON AMENDMENT TO CONTRACT FACADE IMPROVEMENT/ON—RETAINER C130068 AMENDMENT #1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and DECA Architecture, Inc.,hereinafter referred to as Contractor, entered into on the 1S`day of April,2013,is hereby amended as follows: This amendment extends the termination date from June 30, 2014 to June 30, 2015. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY •F IG t.s ' DECAARCHITECTURE INC. • �Signa Signature Printed Name Printed Name ---7( 1 `�1_1 t� /z i �I Li— Date Date CITY OF TIGARD, OREGON CONTRACT SUMMARY FORM (FORM MUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION) Contract Title: Facade Improvement/On-retainer Architectural Services Number: 1300 IDS Contractor: DECA Architecture Inc Contract Total: $18,000 Contract Overview: Consultant will provide on-retainer architectural services for the City Center Development Agency's Facade Improvement Program Type: n Purchase Agreement Start.Date: April 1, 2013 End Date: June 30, 2014 ® Personal Service ❑ Public Improvement LCRB Award: Department: Community Dev. n IGA n Other: Contract Manager: Sean Farrelly Quotes/Bids/Proposal: FIRM AMOUNT/SCORE DECA Architecture, Inc. Account String: Fund-Division-Account Project-Fund-Phase Amount Year 1 940-8000-56005 97004-904-507 $18,000 Year 2 Year 3 Year 4 Year 5 Approvals Department Comments: Department Signature: 'AA AL, a' Purchasing Comments: Purchasing Sign. 'fir '411116) City Manager Comm- . .. City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract/302/ 36' CITY OF TIGARD,OREGON PERSONAL SERVICES AGREEMENT I I;A}t l) FACADE IMPROVEMENT/ON-RETAINER ARCHITECTURAL SERVICES THIS AGREEMENT made and entered into this 25th day of March, 2013 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and DECA Architecture,Inc. hereinafter called Contractor. RECITALS WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor,and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth: THEREFORE, the parties agree as follows: SCOPE OF WORK Contractor shall initiate services upon receipt of City's notice to proceed together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A—Scope of Work and by this reference made a part hereof. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise terminated or extended, on June 30, 2014. All work under this Agreement shall be completed prior to the expiration of this Agreement. COMPENSATION City agrees to pay Contractor an amount not to exceed Eighteen thousand and 00/100 Dollars ($18,000) for performance of those services described in this Agreement. Payment will be made based on Contractor's invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be payable within thirty (30) days from the date of the Contractor's invoice. CONTACT INFORMATION All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and contacts shall be used to transmit notices, bills, payments, and other information: CITY OF TIGARD DECA ARCHITECTURE,INC Attn: Sean Farrelly Attn: David Hyman Address: 13125 SW Hall Boulevard Address: 935 SE Alder St. Tigard,Oregon 97223 Portland,OR 97214 Phone: (503) 718-2420 Phone: 503-239-1987 x200 Fax: (503) 718-2748 Fax: 503-239-6558 Email: sean @tigard-or.gov Email: hyman @deca-inc.com CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an officer,employee, or agent of the City as those terms are used in ORS 30.265. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor and City agree to indemnify and defend the other, and the other's officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) incurred by the party being indemnified resulting from the indemnifying party's acts (or failure to act when action is appropriate) that may be asserted by any person or entity which in any way arise from or relate to this Agreement or the performance of obligations under this agreement, except liability arising out of the sole negligence of the party being indemnified. The indemnification by Contractor of the City shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: 1. Commercial General Liability Insurance Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage Personal Services Agreement—Short Form 2 I P a g e Revision Date: 12/20/2012 shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 1,000,000 Products-Completed Operations Aggregate 500,000 Each Occurrence 500,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 2. Business Automobile Liability Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $500,000. Said insurance shall name City as an additional insured. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. 3. Workers' Compensation Insurance The Contractor and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers'compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than$500,000 each accident. 4. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. 5. Certificates of Insurance or Copies of Auto Insurance Coverage As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance or copies of their auto insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract. TERMINATION The parties agree that any decision by either party to terminate this Agreement before either before the work is completed or the 30th day of June, 2014) shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There Personal Services Agreement—Short Form 3 I P a g e Revision Date: 12/20/2012 shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered prorated to the date of termination. AGREEMENT MODIFICATIONS Modifications to this Agreement are valid only if made in writing and signed by all parties. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. GOVERNING LAW Contractor shall comply with all applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry, national origin, religion, sex,marital status, age,medical condition or disability. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. All provisions required by ORS Chapters 279A, 279B, and 279C to be included in a contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable, Contractor must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be furnished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. COMPLETE AGREEMENT This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver,consent,modification,or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that they have read this Agreement,understands it and agrees to be bound by its terms and conditions. Personal Services Agreement—Short Form 4 1 P a g e Revision Date: 12/20/2012 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OFT GARD DECA ARCHITECTURE,INC. By: Ke ny sher, Community Development Director By: David Hyman, Principal 4-17c/r 2/_727/ Date Date Personal Services Agreement—Short Form 5 I P a g e Revision Date: 12/20/2012 Exhibit A Scope of Work 1. Scope of Services and Deliverables TASK 1: FACADE IMPROVEMENT PROGRAM 1.1 Serve as an on-retainer architect for the program. Work with property/business owners and staff to complete schematic design level drawings for building facades (10-40 hours of work per facade.) Design work will be limited to the building's facade visible to the street including such elements as storefronts; cornices, gutters and downspouts; signs and graphics; exterior lighting; canopies and awnings; painting and masonry cleaning; interior window display lighting. At the direction of staff, landscaping and paving can be addressed. Architect shall conduct measurements sufficient to develop a schematic drawing within the allotted hours. The facade designs must be consistent with the Downtown Tigard Design Standards. 1.2 Provide"back of the envelope"cost estimates to assist client in decision making. Task 2: ON-RETAINER ARCHITECTURAL SERVICES 2.1 Provide on-retainer architectural services,including marketing images and project visualizations for Urban Renewal and streetscape projects. Provide facade and sign design assistance to property owners within the Urban Renewal District at the direction of staff, on an as needed basis. TASK 3 PUBLIC MEETINGS 3.1.Attend meetings as needed with Facade Improvement Committee,City Center Development Agency/City Council,City Center Advisory Commission or other citizen boards. 2.Fee Schedule Schedule of Rates For this contract,hourly rates are as follows: Staff,Title Hourly Billing Rate David Hyman,Sallee Humphrey,Principals $130 Shem Harding,Senior Architect $95 Technical/ Design Support(Arch 2) $75 Technical/Design Support(Arch 1) $55 Clerical $45 Personal Services Agreement—Short Form 6 1 P a g e Revision Date: 12/20/2012