Res 1541 - Agrmt Dortignacq CH
COUNCIL BILL NO. 1967
RESOLUTION NO. 1541
A RESOLUTION ENTERING INTO AN AGREEMENT WITH ROBERT DORTIGNACQ, AlA FOR
AN EVALUATION AND RECOMMENDATION ON 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, Expert analysis of the exterior of the Carnegie portion of the library is
required to plan for actions that may be required to preserve this historic and important
structure, and
WHEREAS, The city has determined that Robert Dortignacq, AlA is qualified to
provide the expert evaluation and recommendations required 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 11 A" and by this reference incorporated herein, with Robert Dortignacq, AlA
for consulting services to provide an evaluation and recommendations on the exterior of
the historic 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.
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COUNCIL BILL NO. 1967
RESOLUTION NO. 1541
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Approved as to form: C().~~
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
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::;j;nnant, Recorder
City of Woodburn, Oregon
Page 1-
COUNCIL BILL NO. 1967
RESOLUTION NO. 1541
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May 24. 1999
May 25, 1999
May 25, 1999
May 25, 1999
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ATTACHMENT~
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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 $4,250 for professional
services and a reimbursable expense cost as noted in Exhibit "B" not to exceed $1,000,
with a total not to exceed the cost of $5,250. 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.
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ATTACHMENT A
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5. Employees
No person shall be employed for more than eight hours in anyone day, or 40 hours in any
one week, except in cases of absolute necessity, emergency or where the public 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. ~~201 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
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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.
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.
7. 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.
8. 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
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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.
9. Work is Property of City
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.
10. 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.
11. 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.
12. 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.
13. Attorneys Fees
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ATTACH~NT II
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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.
14. 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 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 DORTIGNACQ, AlA
Richard Jennings, Mayor
By:
Robert Dortignacq
By:
Date:
Date:
ATTEST:
Mary Tennant, City Recorder
City of Woodburn
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EXH'aIT~
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Project Approach
. The project scope would be a fourfold process:
First: ^ thorough investigation of the building envelope, exterior stairs,
foundation, and drainage systems to analyze the condition of the
elements, joints, and assemblies.
Second An assessment of all that is required for preserving the structure
and the integrity of its components, including possible revisions to
flashing (or other) details to prevent water damage and reduce
maintenance.
Third: A set of recommendations that outlines various options and
alternatives, priorities, and the associated costs.
Fourth: The written and graphic/photo documentation of the preferred
strategy for repairs including estimated costs. This is to be used for
budget planning and as the basis of future construction document
preparation.
· Next, we would develop a set of recommended repair strategies, which would
depend upon the above inspection findings, test results, analysis, and your
input. Our recommendations will include preliminary cost estimates which
we will develop in close participation with the construction industry. These
recommendations will be prioritized on the basis of urgency and on logical
construction sequencing.
· ^ final set of recommended repair options, recommended products and
materials and a scope of work would then be developed after sufficient review
and discussion. This proposed work would be well documented to facilitate
the project design and future budgeting. Final cost estimates.
· Although the building is not listed as a historic landmark, it may be eligible.
We would therefore perform all work consistent with the Secretary of the
Interior's Standards for Rehabilitation, Guidelines for Rehabilitating Historic
Buildings, as well as the Owners' objectives.
· A vvritten and bJTaphic report shall be prepared based on the above findings,
including recommendations, outline of suggested work and methodology,
extent of repairs, priorities, and costs. We anticipate that you may need up to
12 bound copies of the above materials and documents.
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. We would perfom1 a very detailed inspection of the entire building envelope
and appurtenances This includes investigation of the material condition,
joints, assemblies, construction installation, detailing, drainage systems, and
maintenancc items. At any known problem areas we would open up the
construction to inspect the installation (thesc would be resealed) In thc
course of inspection if minor defects arc cncountcred, such as loose shingles,
they would be repaired
. We would photographically document the ovcrall cxterior and specific arcas
of concern in sufficicnt dctail to locate and address the work items to bc
developed
. Tests would be perfonned on the existing brick including water penetration,
mortar composition, and cleaning.
. The findings from the investigations would then be analyzed to detennine
condition of materials, the nature of any problems and the most suitable
course of action
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EXH'r!T
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Compensation
Professional service fees:
Not to exceed $4,250.00
Direct expenses which will include the cost of photo processing, report
reproduction and testing lab expense for analysis of original mortar composition:
Not to exceed $1,000.00
Total project cost:
Not to exceed $5,250.00
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