Res 1617 - R Dortignacq Carnege
COUNCIL BILL NO. 2291
RESOLUTION NO. 1617
A RESOLUTION ENTERING INTO AN AGREEMENT WITH ROBERT DORTIGNACQ, AlA FOR
ARCHITECTURAL SERVICES FOR IMPROVEMENTS TO THE EXTERIOR OF THE CARNEGIE
PORTION OF THE WOODBURN CITY LIBRARY AND AUTHORIZING THE MAYOR TO SIGN
SUCH AGREEMENT.
WHEREAS, The historic Carnegie portion of the Woodburn City Library is an
important historical asset that was constructed in 1912, and
WHEREAS, The city desires to preserve this historic building to be utilized and
enjoyed by current and future city residents, and
WHEREAS, Robert Dortignacq, AlA was selected to conduct and documented an
analysis of the exterior of the Carnegie portion of the library which determined required
actions to preserve this historic and important structure, and
WHEREAS, The city has determined that Robert Dortignacq, AlA is qualified to
provide additional architectural services for preparation of technical documents and other
professional services required to complete the preservation of the Carnegie portion of the
library and an agreement has been developed to provide the required services; NOW
THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement, which is affixed as
Attachment "A" and by this reference incorporated herein, with Robert Dortignacq, AlA
for consulting services to provide architectural services for preparation of technical
documents and other professional services required to complete the preservation of the
Carnegie portion of the Woodburn City Library.
Section 2. That the Mayor of the City of Woodburn be authorized to sign said
agreement on behalf of the City.
Page 1 -
COUNCIL BILL NO. 2291
RESOLUTION NO. 1617
Approved as to form:cr7.n ~
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: fY\~~
Ma~ant, Recorder
City of Woodburn, Oregon
Page 1- COUNCIL BILL NO. 2291
RESOLUTION NO. 1617
Z/7-/Z00 I
Date'
February 12, 2001
February 13, 2001
February 13, 2001
February 13. 2001
ATTACHMENT A
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PERSONAL SERVICES CONTRACT
This Agreement is made and entered into by and between the City of Woodburn, Oregon,
an Oregon municipal corporation, hereinafter referred to as "City", and Robert Dortignacq, AlA,
hereinafter referred to as "Consultant", regarding the evaluation and analysis of the exterior of
the Carnegie portion of the Woodburn Public Library.
IT IS HEREBY AGREED by and between the parties to this Agreement:
1. Term
The term of this Agreement shall be from the date of execution by both parties until tasks
required hereunder are complete and accepted, unless earlier terminated in accordance
herewith.
2. Consultant's Services
Consultant agrees to provide the services described in the Consultant's proposal, a copy
of which is attached hereto as Exhibit "A", and is incorporated herein by this reference.
3. Payment
Consultant will be paid by the City on a work performed basis. Consultant agrees to
perform the services as set forth in Exhibit "A" at a cost of $9,500. It is understood that
Consultant will not exceed this amount without the City's prior written authorization.
Payment shall be made monthly upon receipt and approval of consultant's invoice and
shall be in relation to the percentage of work completed..
4. Independent Contractor
Consultant is engaged hereby as an independent contractor, and will be so deemed for
purposes of the following:
A. Consultant will be solely responsible for payment of any Federal or State taxes
required as a result of this Agreement.
B. The Consultant is an independent contractor for purposes of the Oregon workers'
compensation law (ORS Chapter 656) and is solely liable for any workers'
compensation coverage under this Agreement.
5. Employees
No person shall be employed for more than eight hours in anyone day, or 40 hours in
anyone week, except in cases of absolute necessity, emergency or where the public
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ATTACHMENT ~
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policy absolutely requires it, and in such cases except in cases of agreements for personal
services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay
for all overtime in excess of eight hours a day and for work performed on Saturday and
on any legal holiday specified in ORS 279.334. Persons who perform work under a
personal services agreement shall be paid at least time and a half of all overtime worked
in excess of 40 hours in anyone week, except for individuals who are excluded under
ORS 653.010 to 653.261 or under 29 U.S.c. SS201 to 209 from receiving overtime.
Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant
shall be fully responsible for payment of all withholding required by law, including but
not limited to taxes, including payroll, income, Social Security (FICA) and Medicaid.
Consultant shall also be fully responsible for payment of salaries, benefits, taxes,
Industrial Accident Fund contributions and all other charges on account of any
employees. Consultant shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167. All costs incident to the hiring of assistants or
employees shall be Consultant's responsibility. Consultant shall indemnify, defend and
hold City harmless from claims for payment of all such expenses. Unless specifically set
forth on Exhibit A, expenses relating to items set forth in this paragraph shall not be the
basis of additional reimbursement of Consultant.
No person shall be denied or subjected to discrimination in receipt of the benefits of any
services or activities made possible by or resulting from this Agreement on the grounds
of sex, race, color, creed, marital status, age, disability or national origin. Any violation
of this provision shall be grounds for cancellation, termination or suspension of the
Agreement in whole or in part by City.
7. Indemnity and Insurance
Consultant acknowledges responsibility for liability arising out of the performance of this
Agreement and shall hold City, its officers, agents, and employees harmless from and
indemnify and defend the same of any and all liability, settlements, loss, costs and
expenses in connection with any action, suit, or claim resulting or allegedly resulting
from Consultant's negligent acts, omissions, activities or services provided pursuant to
this Agreement or from Consultant's failure to perform its responsibilities as set forth in
this Agreement.
Consultant, its subcontractors, if any, and all employers working under this Agreement
are subject employers under the Oregon Worker's Compensation Law and shall comply
with ORS 656.017 which requires workers' compensation coverage for all their subject
workers. Consultant shall maintain throughout this Agreement the following insurance:
A. Workers' compensation and employers liability insurance as required by the State
where the work is performed.
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ATTAC~ENT _.~~L .
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B. Comprehensive automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising
from the use of motor vehicles, including on-site and off-site operations, and
owned, non-owned, or hired vehicles, with $1,000,000 combined single limits.
C. Commercial general liability insurance covering claims for injuries to members of
the public or damage to property of others arising out of any covered negligent act
or omission of Consultant or of any of its employees, agents or subcontractors,
with $1,000,000 per occurrence and in the aggregate.
D. Professional Liability Insurance of $250,000.
Except in the case of Workers' compensation insurance, City shall be named as an
additional insured with respect to Consultant's insurance coverages identified herein.
The coverage provided by these policies shall be primary and any other insurance carried
by City is excess. Consultant shall be responsible for any deductible amounts payable
under all policies of insurance.
8. Standard of Care
In the performance of its professional services, Consultant shall use that degree of care
and skill ordinarily exercised under similar circumstances by reputable members of its
profession practicing in the State of Oregon. Consultant will reperform any services not
meeting this standard without additional compensation. Consultant's reperformance of
any services, even if done at City's request, shall not be considered as a limitation or
waiver by City of any other remedies or claims it may have arising out of consultant's
failure to perform in accordance with the applicable standard of care or this Agreement.
9. Termination
This Agreement may be terminated by the City by giving Consultant written notice of
such termination no fewer that fifteen (15) days in advance of the effective date of said
termination. Consultant shall be entitled to terminate this Agreement only in the case of
a material breach by the City, and upon failure of the City to remedy said breach within
fifteen (15) days of said notice.
If City terminates the Agreement for its own convenience, payment of Consultant shall
be prorated to and include the day of termination and shall be in full satisfaction of all
claims by Consultant against City under this Agreement.
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Work is Property of City
ATTAC'JfENT A
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10.
All work in its original form which is performed or produced by Consultant under this
Agreement shall be the exclusive property of City and shall be delivered to City prior to
final payment. Upon City's approval and provided City is identified in connection
therewith Consultant may include Consultant's work in its promotional materials.
11. Law of Oregon
The Agreement shall be governed by the laws of the State of Oregon. The Agreement
provisions required by ORS Chapter 279 to be included in public agreements are hereby
incorporated by reference and shall become a part of this Agreement as if fully set forth
herein.
12. Adherence to Law
Consultant shall adhere to all applicable federal and state laws, including but not limited
to laws, rules, regulations, and policies concerning employer and employee relationships,
workers' compensation, and minimum and prevailing wage requirements. Any
certificates, licenses or permits which Consultant is required by law to obtain or maintain
in order to perform work described on Exhibit A, shall be obtained and maintained
throughout the term of this Agreement.
13. Modification
Any modification of the provisions of this Agreement shall not be enforceable unless
reduced to writing and signed by both parties. A modification is a written document,
contemporaneously executed by City and Consultant, which increases or decreases the
cost to City over the agreed sum or changes or modifies the scope of service or time of
performance. No modification shall be binding unless executed in writing by Consultant
and City.
14. Attorneys Fees
In the event a suit or action is instituted to enforce any right guaranteed pursuant to this
Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and
disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts
respectively.
15. Integration
This Agreement, including but not limited to Exhibits and Consultant's proposal
submitted to City contains the entire and integrated agreement between the parties and
supersedes all prior written or oral discussions, representations or agreements. In case of
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ATTACHMENT A
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conflict among these documents the provisions of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly appointed officers on the date first indicated below.
CITY OF WOODBURN
ROBERT DORTlGNACQ, AlA
By:
Richard Jennings, Mayor
By:
Robert Dortignacq
Date:
Date:
ATTEST:
Mary Tennant, City Recorder
City of Woodburn
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ATTACHMENT A
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Exhibit A
Woodburn Public Library
Roof Replacement Project
Project Scope
. Remove existing roofing and flashings, replace with new painted standing
seam roofing, flashings and membrane underlayment
· New copper rain gutters and associated flashings
. New downspouts, and revised subsurface drainage
. Miscellaneous masonry repairs including chimney; brick cleaning
. Miscellaneous carpentry and metal repairs
. Repairs and storm windows for existing windows
. Revision of stair drains, new area drain at southeast areaway
. Painting, finishing, and caulking of above work
Outline of Professional Services
. Verify current existing conditions
. Develop construction documents from work as outlined in the Condition
Assessment report
. Documents to include necessary drawings, and specifications required for
construction and permitting
. Coordination with City of Woodburn requirements
. Assistance with submission for plan review and permitting
· Assistance during bidding, including prebid meeting, bidder clarifications
and substitution requests
. Assistance during Construction including preconstruction meeting, periodic
site visits, and project closeout.
· Engineering services are not anticipated, and are not included
Fees*
· Construction Documents
. Bidding
. Construction
Total
$5,500
$1,500
$2.500
$9,500
*Engineering if required is not included; Mileage for up to six visits, and
reproduction. costs for up to 15 sets of construction documents are included,
Permit and plan check fees are not included,