Kittelson & Associates ~ C210076
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: C210076a3
Contract Start Date: 02/01/2021 Contract End Date: 01/31/2026
Contract Title: On-Call Civil Engineering & Related Services Traffic Project Planning & Engineering Traffic
& Transportation Systems Engineering & Analysis
Contractor Name: Kittelson & Associates
Contract Manager: Joe Wisniewski
Department: PW-ENG
Contract Costs
Original Contract Amount: $250,000.00
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $250,000.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: Formal RFP >$150K
Solicitation Number:
LCRB Date: 01/26/2021
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY Per Task Order
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Update contract end date
DocuSign Routing
Route for Signature Name Email Address
Contractor Anthony Yi ayi@kittelson.com
City of Tigard Joe Wisniewski joew@tigard-or.gov
Final Distribution
Contractor Anthony Yi ayi@kittelson.com
Project Manager Joe Wisniewski joew@tigard-or.gov
Project Manager Shauna Large Shauna@tigard-or.gov
Buyer Toni Riccardi tonir@tigard-or.gov
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: C210076a2
Contract Start Date: 02/01/2021 Contract End Date: 01/31/2024
Contract Title: On-Call Civil Engineering & Related Services Traffic Project Planning & Engineering Traffic
& Transportation Systems Engineering & Analysis
Contractor Name: Kittelson & Associates
Contract Manager: Joe Wisniewski
Department: PW-ENG
Contract Costs
Original Contract Amount: $250,000.00
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $250,000.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: Formal RFP >$150K
Solicitation Number:
LCRB Date: 01/26/2021
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY Per Task Order
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments:
DocuSign Routing
Route for Signature Name Email Address
Contractor Anthony Yi ayi@kittelson.com
City of Tigard Joe Wisniewski joew@tigard-or.gov
Final Distribution
Contractor Anthony Yi ayi@kittelson.com
Project Manager Joe Wisniewski joew@tigard-or.gov
Project Manager Shauna Large Shauna@tigard-or.gov
Buyer Toni Riccardi tonir@tigard-or.gov
CITY OF TIGARD, OREGON
AMENDMENT TO CONTRACT
ON-CALL CIVIL ENGINEERING & RELATED SERVICES TRAFFIC
AND TRANSPORTATION SYSTEMS ENGINEERING AND ANALYSIS
C210076
AMENDMENT #2
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called
City, and Kittelson & Associates, hereinafter referred to as Contractor, entered into on the 1st day of February
2021, is hereby amended as follows:
1. COMPENSATION
Professional Service Fee rates are adjusted according to the attached Exhibit B.
2. METHOD AND PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
Section 10, of the contract is amended to update the contact for the City.
3. INTEGRATION
Except as expressly provided otherwise by this Contract amendment number 1, all provisions of the Contract,
as it may have been previously amended, shall remain in effect.
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 OF TIGARD KITTELSON & ASSOCIATES, INC
Signature Signature
Printed Name Printed Name
Date Date
CITY OF TIGARD
Attn: Joe Wisniewski
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Phone: (503) 718-2433
Email: Joew@tigard-or.gov
DocuSign Envelope ID: 109C1B30-343F-4344-8F70-A42BC452E886
9/8/2023
Anthony YiJoe Wisniewski
9/8/2023
KITTELSON & ASSOCIATES, INC.
BILLING RATE SCHEDULE
Effective January 1, 2023 –
December 31, 2023
The current billing rates for Kittelson & Associates, Inc., staff are as follows and will be invoiced
for the next calendar year.
Staff Billing Rate
Senior Principal Engineer/Planner $310
Principal Engineer/Planner $270
Associate Engineer/Planner $235
Senior Engineer/Planner $205
Engineer/Planner $175
Transportation Analyst $155
Principal Data Scientist/Developer
$260
Senior Data Scientist/Developer $225
Data Scientist/Developer $195
Data Analyst/Software Developer $155
Software Technician $110
Associate Technician
$185
Senior Technician $170
Technician II $145
Technician I $120
Office Support $100
Service & Other Direct Costs
Billing Rate
Mileage Current IRS mileage rate
Travel & Other Direct Costs Actual Cost
Subconsultants Actual Cost
DocuSign Envelope ID: 109C1B30-343F-4344-8F70-A42BC452E886
CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C210076a1
Contract Start Date: 2/1/21 Contract End Date:.1/31/24
Contract Title: On-Call Civil Engineering and Related Services
Contractor Name: Kittelson&Associates
Contract Manager:Toe Wisniewski
Department: PW- Engineering
Contract Costs
Original Contract Amount: No Limit
Total All Previous Amendments:
Total of this Amendment:
Total Contract Amount: No Limit
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.075 Contract Amendments
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit):1=e Amount
FY
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: On-Call contract with no limit, task orders are limited to $250,000 and accounting strings are
charged upon issuance of a task order. This amendment is annual hourly rate increase.
DocuSign Routing
Route for Signature Name Email Address
Contractor Anthony Yi AYI(c�r�,kittelson.com
City of Tigard Steve Rymer stever(ktigard-or.gov
Final Distribution
Contractor AnthonyYi AYIkkittelson.com
Project Manager Joe Wisniewski 'oewti and-or. ov
cc Shauna Large shauna ti ardor. ov
Buyer Christine Baker christine ti and-or. ov
DocuSign Envelope ID: EC8C05FC-1 162-49FC-995F-46683451 E317
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT NUMBER C210076
FOR
ON-CALL CIVIL ENGINEERING AND RELATED SERVICES
TRAFFIC PROJECT PLANNING AND ENGINEERING
TRAFFIC AND TRANSPORTATION SYSTEMS ENGINEERING AND ANALYSIS
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Kittelson &Associates,hereinafter referred to as Contractor,is hereby amended as follows:
1. Compensation
Compensation for services will be paid based upon the Schedule of Rates attached as Exhibit B-1.
2. Method&Place of Submitting Notice,Bills, and Payments
City of Tigard Attn:Joe Wisniewski
(503) 718-2433
ioew tigar�d-oror.gov
3. All other terms remain unchanged.
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 OF TIGARD KITTELSON&ASSOCIATES
pocusip'--ey. oocaspre br:
Signature Signature
Steve Rymer Anthony Yi
Printed Name Printed Name
1/18/2022 1/18/2022
Date Date
Rev.8/21
DocuSign Envelope ID:EC8C05FC-1162-49FC-995F-46683451E317 -1
1Z KITTELSON
& ASSOCIATES
KITTELSON&ASSOCIATES,INC.
BILLING RATE SCHEDULE
Effective January 1,2022—
December 31,2022
The current billing rates for Kittelson&Associates, Inc., staff are as follows and will be invoiced
for the next calendar year.
Staff Billing Rate
Senior Principal Engineer/Planner $295
Principal Engineer/Planner $255
Associate Engineer/Planner $225
Senior Engineer/Planner $195
Engineer/Planner $165
Transportation Analyst $145
Principal Data Scientist/Developer $260
Senior Data Scientist/Developer $215
Data Scientist/Developer $185
Data Analyst/Software Developer $145
Software Technician $115
Associate Technician $175
Senior Technician $160
Technician 11 $135
Technician 1 $110
Office Support $90
Service&Other Direct Costs Billing Rate
Mileage $.585/mile
Travel&Other Direct Costs Actual Cost
Subconsultants Actual Cost
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUST ACCOMPANYEVERY CONTRACT
Contract Title: ESA - On-Call Services: Transportation Project
Planning and Engineering;Traffic/Transportation
Systems Engineering and Analysis Number: C210076
Contractor: Kittelson&Associates Engineering Contract Total: NTE $250k per task order
Contract Overview: On-Call Contract
2.0 Transportation Project Planning and Engineering
5.0 Traffic/Transportation Systems Engineering and Analysis
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps: Following Risk Matrix.Any issues will be addressed on a project need basis at time
PO is issued
Risk Comments:
Risk Signature:
Contract Manager: Lori Faha Ext: 2759 Department: PW/Engineering
Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
® Other: Engineering Sys. Start Date: 2/1/2021 End Date: 1/31/2024
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
QBS RFP 2021-06 (scoring in file)
Account String: Fund-Division-Account Work Order—ActivitLyze Amount
FY PO will determine NTE $250.000 per task order
FY
FY
FY
FY
Approvals - LCRB Date: 1/26/2021
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature: -�
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
City ofTigard
FINANCE AND INFORMATION SERVICES
QUALIFICATION-BASED REQUEST FOR PROPOSAL (RFP)
ON-CALL CIVIL ENGINEERING AND RELATED SERVICES
RFP 2021-06
Proposals Due: Thursday, November 12, 2020 - 10:00 a.m. local time
Proposer must submit one (1) electronic copy in portable document format (pdf).
Submit Proposals To: ContractsPurchasinggtigard-or.gov
Direct Questions To: Christine Moody, Purchasing Manager
Phone: (503) 718-2415
Email: christinegtigard-or.gov
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 (503) 639-4171 1 www.tigard-or.gov
TABLE OF CONTENTS
TITLE PAGE
SECTIONS
Section 1 Introduction 3
---------------------------------------------------------------------------------------------------------
Section 2 Proposer's Special Instructions--------------------------------------------------------------------------
Section 3 General Information 6.
4 Scope and Schedule of Work____________________________________________________________________________8.
Section 5 Proposal Content and Format-------------------------------------------------------------------------10
Section 6 Proposal Evaluation Procedures_____________________________________________________________________13.
ATTACHMENTS
Attachment A Proposal Certifications
Attachment B Signature Page
Attachment C Acknowledgement of Addenda
Attachment D Statement of Proposal
Attachment E Proposer's Submitting Category Form
Attachment F City of Tigard Professional Services Agreement
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 2 1 P a g e
SECTION 1
INTRODUCTION
The City of Tigard is seeking sealed proposals from experienced firms capable of providing on-call civil
engineering and related services on an as-required basis. The City anticipates selecting at least one, and a
maximum of five consultants for each category. Proposers capable of providing services in several categories
may be selected for multiple contracts. By agreeing to execute an on-call agreement with the City, Contractor
understands that there is no guarantee of any dollar value of work, and that the City retains the sole right to
select for any individual project or task.
Proposers are required to certify non-discrimination in employment practices and identify resident status as
defined in ORS 279A.120.Pre-qualification of proposers is not required.All proposers are required to comply
with the provisions of ORS and LCRB Policy.
The City may reject any proposal not in compliance with all prescribed public bidding procedures and
requirements and may reject for good cause any or all proposals upon a finding of the City if it is in the public
interest to do so.
SECTION 2
PROPOSER'S SPECIAL INSTRUCTIONS
A. PROPOSED TIMELINES
Monday, October 19, 2020 Advertisement and Release of RFP
Thursday,November 12, 2020— 10:00 a.m. Deadline for Submission of Proposals
TBD Award of Contracts by LCRB
February 1, 2021 Commencement of Services
NOTE: The City reserves the right to modify this schedule at the City's discretion.
B. GENERAL
By submitting a proposal, the Proposer certifies that the proposal has been arrived at independently
and has been submitted without any collusion designed to limit competition.
C. PROPOSAL SUBMITTAL
The proposal and all addenda must be signed and submitted no later than 10:00 a.m., Thursday,
November 12,2020,to the email address ContractsPurchasingktigard-or.gov. The proposal response
will be in a font size no smaller than 11-point and shall not exceed 20 pages,with one side of one 8-
1/2 x 11 sheet constituting one page for this purpose. The Proposer's Submitting Category Form
(Attachment E), transmittal letter, table of contents, personnel resumes or required forms
(Attachments A - D) will not be considered in the total pages submitted for the purposes of the 20-
page limit. Proposals will be considered time-stamped and received by the City when they are received
in the email inbox listed above. To assure that your Proposal receives priority treatment,please mark
the email subject line as follows:
RFP 2021-06 On-Call Civil Engineering and Related Services
Proposers must include their name and address and contact information in the body of the email. It is
the Proposer's responsibility to ensure that proposals are received prior to the stated submission deadline.
Late proposals may not be considered,it is the City's sole discretion to accept or reject a late proposal.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 3 1 Page
D. PROTEST OF SCOPE OF WORK OR TERMS
A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and
sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to
the Contracts and Purchasing Office. Any such protest shall include the reasons for the protest and
detail any proposed changes to the scope of work or terms.The City will respond to any protest and,
if necessary, issue appropriate revisions, substitutions, or clarification via addenda to all interested
Proposers.
To be considered, protests must be received at least seven (7) days before the proposal closing date.
The City will not consider any protest against award due to the content of proposal scope of work or
contract terms submitted after the established protest deadline. All protests should be directed to the
attention of Christine Moody, Purchasing Manager, at christine@tigard-or.gov.
If a protest is received in accordance with the section above,the proposal opening date may be extended
if necessary,to allow consideration of the protest and issuance of any necessary addenda to the proposal
documents.
E. PRE-SUBITTAL MEETING
There is no pre-proposal meeting scheduled for this RFP.
F. PROPOSAL SUBMISSION AND SIGNING
All requested forms and attachments (Proposal Certifications, Signature Page, Acknowledgment of
Addenda, Statement of Proposal, etc.) must be submitted with the Proposal and in the required
format.The submission and signing of a proposal shall indicate the intention of the firm to adhere to
the provisions described in this RFP.
G. COST OF PREPARING A PROPOSAL
The RFP does not commit the City to paying any costs incurred by Proposer in the submission or
presentation of a proposal or in making the necessary studies for the preparation thereof.
H. INTERPRETATIONS AND ADDENDA
All questions regarding this project proposal shall be directed to Christine Moody, Purchasing
Manager. If necessary, interpretations or clarifications in response to such questions will be made by
issuance of an "Addendum" to all prospective Proposers within a reasonable time prior to proposal
closing, but in no case less than seventy-two (72) hours before the proposal closing. If an addendum
is necessary after that time,the City, at its discretion, can extend the closing date.
Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the
"Acknowledgment of Addenda"with proposal. Only questions answered by formal written addenda will
be binding. Oral and other interpretations or clarifications will be without legal effect.
I. BUSINESS LICENSE/FEDERAL TAX ID REQUIRED
The City of Tigard Business License is required. Chapter 5.4 of the Tigard Municipal Code states any
business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful
Proposer will be required to present a copy of their City of Tigard Business License at the time of contract
execution. Successful Proposer shall also complete a W-9 form for the City at the time of contract
execution.
J. CITY'S PROJECT MANAGER
City Project Manager's will be assigned per Task Order.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 4 1 P a g e
K. PROPOSAL VALIDITY PERIOD
Each proposal shall be irrevocable for a period of one hundred twenty days (120) days from the
proposal submission deadline.
L. FORM OF CONTRACT
A copy of the City's standard professional services agreement is attached hereto (Attachment F) and
contains the terms and conditions that will govern this Agreement between the City of Tigard and the
successful Proposer. The City of Tigard is not inclined to negotiate any portion of the Agreement,
however, if a Proposer believes any of the terms and conditions contained in the City's contract are
unnecessarily restrictive or would like to request that specific terms and conditions contained in the
contract document be considered for negotiation, they shall submit all requested changes along with
their proposal.
The request must identify the specific provision the Proposer would like to negotiate, an explanation
of why the Proposer believes the provision should be a negotiable item, and the suggested revised
language. Requests not submitted in this format may not be considered. Requests that state the entire
contract be negotiated will not be considered. If the city decides that a contract term can be changed,
or is willing to consider negotiation of a term,the term will be discussed during contract negotiations
after the posting of the Intent to Award Notice.
M. TERM OF CONTRACT
The term of the contract shall be a period of three (3) years with the mutual option to renew for up
to two (2) additional years. The total term of the contract cannot exceed five (5) years.
N. NON-COLLUSION
Proposer certifies that this proposal had been arrived at independently and has been submitted
without collusion designed to limit independent bidding or competition.
O. INTERGOVERNMENTAL COOPERATIVE PURCHASING
The firm submitting a proposal agrees to extend identical services under the same terms and
conditions to all public agencies in the region. Examples of work projects stated in this solicitation
reflect the City of Tigard usage only.
Each participating agency shall execute its own contract with the selected proposers for its
requirements. Any proposer,by written notification included with their proposal, may decline to
extend the prices and terms of this solicitation to any and/or all other public agencies.
P. PUBLIC RECORD
All proposal materials submitted shall become the property of the City and is public record unless
otherwise specified. A proposal that contains any information that is considered trade secret under
ORS 192.345(2) should be segregated and clearly identified as such. This information will be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records Law,
ORS 192. The above restrictions may not include any subsequent cost or price information, which
must be open to the public.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 5 1 Page
SECTION 3
GENERAL INFORMATION
A. BACKGROUND
The City has a robust Capital Improvement Program (CIP) and has an annual need for a wide range of
consulting services associated with the public infrastructure of the City — e.g., the sewer, stormwater, water,
parks/greenways, public facilities, and street systems. This solicitation and the on-call agreements that will
result are specifically targeted to small to medium-sized projects within the overall CIP Program. Those
projects fall within the general categories of work as described in this section. For larger design projects and
major studies with service fees expected to exceed $250,000, or that will use State or Federal monies, the City
will conduct a separate project-specific solicitation.
B. CATEGORIES OF WORK
1. Utility Project Planning and Engineering
Analysis, planning, concept design, and cost estimating for: sewage collection systems,potable water
systems, and/or storm water collection,transport, detention,and treatment systems. Final design,bid
phase services, and construction phase services for smaller, generally repair/replacement/
rehabilitation type projects, including trenchless technologies and stormwater quality and detention
facility retrofits.
2. Transportation Project Design and Engineering
Analysis,planning,concept design,and cost estimating for:new,widened,or reconstructed city streets,
bikeways, and trails including: street geometry and right-of-way requirements; pavement material
selection; pavement section design; vehicle or pedestrian bridges; pedestrian/bicycle/ADA criteria;
and street drainage. Final design, bid phase services, and construction phase services for smaller,
generally repair/replacement/rehabilitation type projects. Pavement Management evaluations.
3. Land Surveying Services
Survey monument installations; survey control network establishment; construction staking;
topographic survey base maps;boundary line and parcel surveys;Metes and Bounds surveys and legal
descriptions for easement and right-of-way acquisitions. Urban Renewal legal descriptions and
boundary maps.
4. Soils and Geotechnical Engineering
Soil and geologic assessments, soil and rock bearing capacity evaluations, slope stability investigations,
soil and rock retaining structure design, non-building foundation design. Pavement and roadway
section evaluation and/or design.
5. Traffic/Transportation Systems Engineering and Analysis
Traffic operational analysis/modeling, safety analysis, roadway signing design, pavement marking
design, street lighting design and/or evaluation, traffic signal design, traffic signal timing plans,
intersection design and evaluation, intelligent transportation system (ITS) design/evaluation/system
planning, speed studies,Transportation System Plans (TSP),ADA evaluation and designs.
6. Stream Channel, Outfall Engineering and Analysis
Soil,geologic and geomorphic assessments of stream channel, streambank and slopes for stability and
erosion issues; development and analysis of stabilization, repair and restoration options; outfall
pipe/culvert condition and damage assessments; final design, permitting, bid phase services, and
construction phase services for smaller stream and outfall repair projects.
7. Environmental Permitting Support Services
Corp of Engineers/Department of State Lands wetland removal and fill permits Qoint Permit
Applications), wetland delineations, Compensatory Wetland Mitigation Plans, Clean Water Services
Vegetated Corridor assessments and mitigation plans, Wetland and Stream Monitoring Plans and
yearly reports, archaeological and cultural resource studies, wildlife studies, hazardous materials
studies, rare and noxious plants studies and/or biological assessments.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 6 1 Page
8. Landscape Architecture Services
Analysis, planning, concept design, and cost estimating for parks, trails, stormwater LIDA facilities,
public outdoor spaces and other landscape features; final design, bid phase services, and construction
phase services for smaller such projects.
9. Architectural Services
Analysis, conceptual plan development, assist public involvement, cost estimating, plan and design
documents for bidding, FF&E selection assistance, construction services, and operations technical
support.
10. Special Inspections and Testing Services
Provide special inspection and testing services in compliance with the 2014 Oregon Structural
Specialty Code, Chapter 17 Special Inspections and Tests including: Required Verification and
Inspection of Steel Construction (Table 1705.2), Required Verification and Inspection of Concrete
Construction (Table 1705.3), Required Verification and Inspection if Driven Deep Foundation
Elements (Table 1705.7), Required Verification and Inspection of Cast-In-Place Deep Foundation
Elements (Table 1705.8). Special Inspection and Testing services in compliance with ACI 318-
Building Code Requirements for Structural Concrete, and ACI 530—Building Code Requirements for
Masonry Structures, and project plans and specifications.
11. Vacuum Excavation Services for Design
Provide vacuum excavation services to determine locations and depths of existing utilities
(water, storm, sanitary, gas, etc.). Provide and implement traffic control plans during
excavations.
12. Development Plan Review Services
Provide plan review services for reviewing proposed development projects during Land Use
Application and Public Facility Improvement Permitting.
C. NO GUARANTEE OF WORK
The City anticipates selecting multiple Contractors for each of the categories listed in Section 3 B. above.
Contractor selection will be based on the Proposal Evaluation Procedures in Section 6,taking into account
the number of Contractors proposing for each category,and the City's anticipation of the type and volume
of work within each category.
Services are requested as the need arises,therefore there is no guarantee as to the actual amount of work,
if any,to be assigned under any contract.The cost for services performed under any Task Order may vary
depending upon the amount of work estimated for that project. It is the intent of the City to rotate work
amongst the selected Contractors to the best extent possible,however, selection of a specific Contractor
for a particular Task Order will be based on the City's judgment of the Contractor's expertise, availability,
and approach to the work. The City reserves the right to solicit and award work using outside of the on-
call contracts, as is determined to be in the best interest of the City.
D. TASK ORDERS
Work performed under the resulting Agreement(s) must be authorized via written Task Order signed by
the City and Contractor. The scope of work, schedule, deliverables, and compensation for each project
will be defined in the Task Order prior to commencement of the work.Any change to the scope of work,
schedule, deliverables, and compensation must be agreed upon by both parties in writing.
Compensation for each Task Order will be determined through negotiation with the Contractor based on
the scope of work, the estimated hours for performance of the work and Contractor's hourly rates. The
maximum compensation for a particular Task Order cannot exceed $250,000.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 7 1 Page
SECTION 4
SCOPE AND SCHEDULE OF WORK
The tasks below are intended to indicate the broad and diverse range of services the City may contract for
and not necessarily the scope of a typical Task Order.
A. PROJECT MANAGEMENT
1. Work scope and proposal development assistance for a particular Task Order.
2. Prepare and maintain the project schedule and manage consultant staff and subconsultants to meet
schedule project milestones.
3. Schedule and conduct project meetings and prepare agendas and meeting notes.
4. Prepare monthly progress reports,invoices, and cost versus budget vs percent complete reports.
B. CONCEPT PLANNING AND ENGINEERING
1. Research "as-built"records and other historical data.
2. Perform technical evaluations, literature research, field investigations, mathematical analyses,
computer modeling, permitting agency coordination, and/or other work to determine current
conditions and potential constraints and fatal flaws affecting the permitting or construction of a future
project.
3. Identify and evaluate concept level project alternatives and prepare conceptual designs and cost
estimates for future projects.
4. Create project design criteria and/or performance criteria for future projects.
5. Update existing infrastructure system master plans.
6. Participate/Lead public meetings to forward conceptual design and solicit public input.
C. PRELIMINARY AND FINAL DESIGN
1. Prepare preliminary (30%, 60%) and final (90%) project designs, drawings, and specifications based
upon City Standards, Oregon Department of Transportation (ODOT) Standards, Clean Water
Services (CWS) Standards and/or other standards, including preparing supplemental general
conditions and special provisions. Prepare Engineers Estimates and Bid Documents.
2. Perform specialized field investigations such as soil borings and other geotechnical investigations,
water quality sampling, open channel flow measurements, pavement management surveys, pipeline
condition assessments and leak studies, traffic and pedestrian studies, speed studies, signal timing
evaluations, and contaminated soils investigations and plans.
3. Conduct design review meetings, document and distribute review comments, and revise designs,
drawings, specifications, and contract documents as needed.
4. Perform field and topographic surveys to support concept designs and/or final design and drawing
preparation.
5. Prepare environmental reviews and documentation,environmental permit application submittals,and
permitting agency coordination.
6. Prepare documents and maps for right-of-way, easement, and property acquisitions, and assist with
title work and negotiations.
D. CONSTRUCTION ENGINEERING AND FIELD SERVICES
1. Perform surveying services as requested during construction.
2. Perform as-built surveys, establish final survey monuments per Washington County standards, and
file official maps with the City or County as needed.
3. Provide on-site engineering and inspection support during construction, including field evaluation of
specification compliance, submittal reviews, change order reviews, design revisions, billing and
quantity reviews, construction management, and value engineering reviews.
4. Prepare hard copy and electronic as-built record drawings following construction completion.
5. Provide special inspections and testing services.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 8 1 P a g e
E. INVESTIGATIONS, STUDIES,ANALYSES AND OTHER CONSULTING
1. Cost of service analyses (e.g.,rate studies and evaluations).
2. Environmental studies, assessments, reports, and submittals such as wetland delineations, mitigation
plans, and Joint Permit Applications, and contaminated soils or groundwater management plans.
3. Regulatory compliance studies and submittals such as those required for land use or environmental
permitting.
4. Seismic and structural analyses.
5. Forensic investigations and analyses.
6. Computer applications support services (GIS, GPS,AutoCAD).
7. Groundwater.
8. Traffic flow and safety analyses.
9. Walking, bicycling, and transit compatibility analyses.
10. Graphics and visualizations.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 9 1 Page
SECTION 5
PROPOSAL CONTENT AND FORMAT
A. FORMAT
To provide a degree of consistency in review of the written proposals, firms are requested to prepare
their proposals in the standard format specified below.
1. Proposer's Submitting Category Form (Attachment E)
Proposer must mark each category of work for which they are submitting a proposal on the
Proposer's Submitting Category Form (Attachment E). This form must be included as the
first page of the Proposal for ease of separation for the selection committee and proposal
evaluation.
2. Transmittal Letter
The transmittal letter should be not more than two (2) pages long and should include as a
minimum the following:
a. Name and title of contact person, address, telephone number, fax number, email
address.
b. A brief statement of the Proposer's understanding of the project and services to be
performed;
c. A positive commitment to perform the services as described, the name(s) of the
person(s) authorized to represent the Proposer, and their title,address, and telephone
number (if different from the individual who signs the transmittal letter).
3. Table of Contents
The table of contents should include a clear and complete identification by section and page
number of the materials submitted.
4. Minimum Qualifications
Proposers shall document their firm's ability to meet the following minimum qualifications:
a. Ability to provide State of Oregon Registered Professional Engineer or Land Surveyor,
Architect, Landscape Architect, or other licensed professional(s) as required for any
individual project-specific task.
b. Minimum of five (5) years in business providing professional consulting services under
the same corporate name, or for recently created or incorporated firms, a minimum of
ten years of relevant professional experience for the principal owner of the firm.
5. General Qualifications and Responsiveness
a. Provide a general summary of the proposer's breadth and depth of professional
capabilities and experience, including years in business, number and location of branch
offices,local office staffing level,and general professional focus. (Optional) Other useful
information that may be included in this section includes the total number and type of
projects completed in the last ten years and the number and type of projects currently
under contract.
b. Provide the location of the primary office or offices from which work will be performed.
c. Provide a general organizational chart and the number and type of personnel (e.g., "four
principal civil engineers, two hydrologists, three ACAD technicians") available at the
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 10 1 Page
primary office or offices from which work will be performed. (No specific names are
required).
d. Describe Key Management/Project Management personnel longevity, experience with
the company, and the office out of which they work.
e. Describe the Proposer's contract/task order review and signature protocols (e.g., who
has authority to sign a not to exceed task order and at what dollar level.)
E Provide a brief description of the Proposer's software capabilities, printing/plotting and
as-built plotting capabilities, and a written acknowledgement of the City's electronic
deliverable requirements as specified in Item 4 of the contract. For each service category,
Est the key technical software or other systems that your firm regularly uses to perform
work tasks.
g. Other information that you believe will assist the City in making its selection.
6. Understanding and Project Management Approach
In this section describe Proposer's understanding of, and approach to on-call, task-order
based services. Proposers should address the following topics in this section:
a. Understanding of the City's programs, policies, decision making processes, and
organizational structure that creates the need for on-call services.
b. General approach and assumptions for developing and negotiating the scope of
services and deliverables for a typical task order
c. Approach to assigning technical and project management staff to a particular Task
Order, performing internal quality assurance/peer review, and completing the
identified deliverables on schedule and within budget. Please address the approach
to successful and efficient delivery of small to medium sized projects.
7. Category Specific Company Qualifications
This section relates to Proposer's experience and capacity to provide the category specific
services being proposed, as identified in Section 4. For each category, the proposal should
provide details on the following:
a. A summary table listing example projects with brief descriptions and work categories
relevant to those projects that was conducted by the Proposer.
b. Detailed information for representative projects, by name, type, location, date, and
contract value, performed within the last ten years,which best characterize the firm's
experience and qualifications for that category of work. Please include the client
contact name, address, phone number and e-mail for each project where possible.
Include, as available, the consultant fees and construction costs for the projects. It is
recommended that this information be provided in a "cut sheet" format. Please
include three to five sample projects for each service category for which your firm
would like to be considered. If a sample project can apply to more than one category,
just indicate as such. As noted, the cut sheets can be in the Appendix, and are then
subject to the separate page count limitation for the Appendix.
c. Key management/project management personnel that were assigned to the
representative projects listed and are potentially available for similar assignment on
City of Tigard projects.
d. For work performed for other governmental or quasi-governmental entities under the
broad heading of Engineer-of-Record or Hydrogeologist of Record, please provide
the dates these arrangements existed, and the types of services performed.
e. Reference letters from recent clients (to be provided in the Appendix), may be
considered as part of this scoring section.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 111 Page
7. Category Specific Technical Personnel
This section relates to the key personnel that would potentially be assigned to a specific task.
For each category,the proposal should provide details on the following:
a. Identify department managers/technical leads/key technical personnel by name, title,
and years of service with the company,what office they work at and where they reside
in the organizational structure. Indicate who typically will manage projects like ones
described in this RFP.
b. For key project management and technical personnel, provide relevant individual
project experience, areas of specialization or expertise, awards, registrations and
certifications, and overall technical capabilities and competence. (Note: Key technical
personnel resumes (if included in the Appendix) will be evaluated as part of this
section.)
B. DISPUTES
Should any doubt or difference of opinion arise between the City and a Proposer as to the items to
be furnished hereunder or the interpretation of the provisions of this RFP,the decision of the City
shall be final and binding upon all parties.
C. CITY PERSONNEL
No Officer, agent, consultant, or employee of the City shall be permitted any interest in the contract.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 12 1 P a g e
SECTION 6
PROPOSAL E VAL UA TION PR 0 CED URES
A. SELECTION AND EVALUATION PROCESS
A selection committee assembled by the City will review the written proposals. After meeting the
mandatory requirements and minimum qualifications, the proposals will be evaluated on their
technical aspects. The selection committee will select the Proposer(s) which best meets the City's
needs based upon its evaluation of all received proposals in accordance with the following criteria:
1. Completed proposal submitted on time Pass Fail
2. Proposer's Submitting Category Form (Attachment E) Pass Fail
3. Transmittal letter Pass Fail
4. Required Forms (Attachments A-D) Pass Fail
5. Minimum Qualifications Pass Fail
6. General Qualifications and Responsiveness 15 points
5. Understanding and Project Management Approach 25 points
6. Category Specific Company Qualifications 30 points
7. Category Specific Technical Personnel 30 points
TOTAL EVALUATION POINTS 100 POINTS
B. CLARIFICATION OF PROPOSALS
The City reserves the right to obtain clarification of any point regarding a proposal or to obtain
additional information necessary to properly evaluate a proposal. Failure of a Proposer to respond to
such a request for additional information or clarification could result in rejection of their proposal.
C. PROTEST OF AWARD
In accordance with Tigard Public Contracting Rule 30.135,any adversely affected Proposer has seven
(7) calendar days from the date of the written notice of award to file a written protest.
D. PROPOSAL REJECTION
The City reserves the right to:
1. Reject any or all proposals not in compliance with all public procedures and requirements;
2. Reject any proposal not meeting the specifications set forth herein;
3. Waive any or all irregularities in proposals submitted;
4. Reject all proposals;
5. Award any or all parts of any proposal; and
6. Request references and other data to determine responsiveness.
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 13 1 Page
ATTACHMENT A
PROPOSAL CERTIFICATIONS
******************************************
Non-discrimination Clause
The Contractor agrees not to discriminate against any client, employee or applicant for employment or for
services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited
to,the following:employment upgrading,demotion or transfer;recruitment or recruitment advertising;layoffs
or termination; rates of pay or other forms of compensation; selection for training;rendition of services. It is
further understood that any contractor who is in violation of this clause shall be barred from receiving awards
of any purchase order from the City,unless a satisfactory showing is made that discriminatory practices have
terminated and that a recurrence of such acts is unlikely.
Agreed by: Anthony Yi,PE
Firm Name: Kittelson&Associates,Inc.
Address: 851 SW 6th Ave.,Ste.600,Portland,OR,97204
*****************************************
Resident Certificate
Please Check One:
x❑ Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last
twelve calendar months immediately preceding the submission of this proposal.
Or
❑ Non-resident Vendor:Vendor does not qualify under requirement stated above.
(Please specify your state of residence: )
Officer's signature: l�I�
Type or print officer's name: Anthony Yi,PE
ATTACHMENT B
SIGNATURE PAGE
The undersigned proposes to perform all work as listed in the Specification section and that all articles supplied
under any resultant contract will conform to the specifications herein,
The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications,
and by City policies and regulations.
The undersigned,by submitting a proposal,represents that:
A) The Proposer has read and understands the specifications.
B) Failure to comply with the specifications or any terms of the RFP may disqualify the Proposer as
being non-responsive.
The undersigned certifies that the proposal has been arrived at independently and has been submitted without
any collusion designed to limit competition.
The undersigned certifies that all addenda to the specifications has been received and duly considered and
that all costs associated with all addenda have been included in this proposal:
Addenda: No. 1 through No.2 inclusive.
We therefore offer and make this proposal to furnish services herein in fulfillment of the attached
requirements and specifications of the City.
Name of firm: Kittelson&Associates,Inc.
Address: 851 SW 6th Ave.,Ste.600,Portland,OR,97204
Telephone Number: 503-228-5230 Fax Number: 503-273-8169
By: — Cfi� Date: November 12,2020
(Signature of uthorized Official. If partnership, signature of one partner.)
Typed Name/Title: Anthony Yi,PE,Senior Principal Engineer
If corporation, attest:Anthony Yl,PE
(Corporate Officer)
x❑ Corporation ❑ Partnership ❑ Individual
Federal Tax Identification Number (TIN): 93-0964447
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 15 Page
ATTACHMENT C
CITY OF TIGARD, OREGON
ACKNOWLEDGMENT OF ADDENDA
Project Title: 2021 —06 On-Call Civil Engineering and Related Services
Close:_Thursday,November 12,2020
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA ULnone received, write `None Received'):
1. November 2,2020 3.
2. November 5,2020 4.
November 12,2020
Date
V
Signature of Proposer
Senior Principal Engineer
Title
Kittelson&Associates,Inc.
Corporate Name
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 16 Page
ATTACHMENT D
CITY OF TIGARD, OREGON
STATEMENT OF PROPOSAL
Name of Contractor: Kittelson&Associates,Inc.
Mailing Address: 851 SW 6th Ave.,Ste.600,Portland,OR,97204
Contact Person: Anthony Yi,PE,Senior Principal Engineer
Telephone: 503-535-7415 Fax:503-273-8169 Email:ayiLAittelson.com
accepts all the terms and conditions contained in this solicitation and the attached professional services
agreement (Attachment F):
.� - November 12,2020
Signature of au"57orized representative Date
Anthony Yi,PE,Senior Principal Engineer 503-535-7415
Type or print name of authorized representative Telephone Number
Anthony Yi,PE,Senior Principal Engineer 503-535-7415
Type or print name of person(s) authorized to negotiate contracts Telephone Number
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 17 1 Page
ATTACHMENT E
PROPOSER'S SUBMITTING CATEGORY FORM
RFP 2021-06 On-Call Civil Engineering and Related Services
Kittelson & Associates, Inc. (Proposer Name) does hereby propose
to provide the City of Tigard with On-Call Civil Engineering and Related Services, as defined in Section 3 of
the Qualifications-Based Request for Proposal.
Category# Civil Engineering Services Mark with "X"
1 Utility Project Planning and Engineering
2 Transportation Project Planning and Engineering x
3 Land Surveying Services
4 Soils and Geotechnical Engineering
5 Traffic/Transportation Systems Engineering and X
Analysis
6 Stream Channel, Outfall Engineering and Analysis
Related Services
7 Environmental Permitting Support Services
8 Landscape Architecture Services
9 Architectural Services
10 Special Inspections and Testing Services
11 Vacuum Excavation Services for Design
12 Development Plan Review Services
Authorized Signature: �Q Date: 11-12-2020
QBS RFP—2021-06 On-Call Civil Engineering and Related Services 18 1 Page
DocuSign Envelope ID: 02C1 1 CA6-25BF-43C6-B9DA-0FF753407202
Contract No. C210076
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
ON-CALL CIVIL ENGINEERING AND RELATED SERVICES
TRAFFIC PROJECT PLANNING AND ENGINEERING
TRAFFIC AND TRANSPORTATION SYSTEMS ENGINEERING AND ANALYSIS
THIS AGREEMENT, made and entered into this 1st day of February, 2021, by and between the City of
Tigard, a municipal corporation,hereinafter referred to as the "City," and Kittelson&Associates, hereinafter
referred to as the "Contractor."
RECITALS
WHEREAS, the City's Fiscal Year 2020-2021 budget provides for On-Call Civil Engineering and Related
services; 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 Contractor to render professional Civil Engineering and Related
services for On-Call services,and the Contractor 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. Scope of Services
A. Contractor will perform professional services in accordance with the terms and conditions set
forth herein, and as provided in Exhibit A,which is attached hereto and by this reference made a
part of this Agreement.
B. Task Orders —Detailed statements of discrete work, tasks and the required time of performance
for such work will be set forth by individual Task Order and must not exceed Two Hundred Fifty
Thousand and No/100 Dollars ($250,000.00).
1. Task Orders may only be issued when the parties have negotiated all the material terms and
conditions of the applicable services in advance, including without limitation the content
required of such Task Order.
2. Task Orders must be in writing and must include a detailed scope of work, performance
schedule stating applicable dates and time periods, Contractor's staff that will be working on
the Task Order work scope and a line item budget clearly stating labor and equipment costs
consistent with this Agreement's compensation terms.
3. Task Orders will be negotiated on a rotational basis. In the event the City and Contractor
cannot reach a favorable agreement on the maximum compensation for a specific Task Order,
the City may terminate negotiations and commence negotiations with the next Contractor for
the rotational list for that category of service.
2. Effective Date and Duration
This Agreement is effective upon the date of execution and expires on January 31, 2024, unless
otherwise terminated or extended. The initial term of the contract shall be a period of three (3) years
with the mutual option to renew for up to two (2) additional years. The total term of the contract
DocuSign Envelope ID: 02C1 1 CA6-25BF-43C6-B9DA-0FF753407202
cannot exceed five(5)years. All work under this Agreement must be completed prior to the expiration
of this Agreement.
3. Compensation
A. The maximum that Contractor may be paid per Task Order the "not to exceed" amount of Two
Hundred Fifty Thousand and No/100 Dollars ($250,000.00) without prior written authorization.
The "not to exceed" amount includes all payments to be made pursuant to this Agreement,
including reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for
work that does not meet the standard of care that would ordinarily be used by similar professionals
in this community in similar circumstances or other requirements of the Agreement. The actual
amount to be paid to Contractor may be less than the"not to exceed"amount.The actual amount
to be paid to Contractor may be less than that amount.
B. Compensation for professional services as described in Exhibit A will be paid on an hourly rate
based upon the Schedule of Rates in Exhibit B of this Agreement, which will 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. Standard reimbursable costs
will be reimbursed without mark-up.
C. Annual adjustment of hourly rates will be considered upon written request from Contractor.
Approval of a request for rate increases is solely within the City's discretion and under no
circumstances is the City obligated to approve such a request. Rate increases are subject to the
following limitations:
• No increases will be granted before the one-year anniversary of the Agreement;
• No more than one increase will be granted annually;
• Rate increases may not exceed the then current average inflation rate for the Portland
Metropolitan Area (as determined from the US Department of Labor statistics);
• Rate increases cannot be retroactive.
D. Contractor is entitled to receive progress payments for its work pursuant to any issued Task Order.
The City will pay Contractor based on these invoices for acceptable work performed and approved
until the "not to exceed" amount is reached. Thereafter, Contractor must complete work based
on the Agreement without additional compensation unless there is a change to the scope of work.
E. Any estimate of the hours necessary to perform the work is not binding on the City. Contractor
remains responsible if the estimate proves to be incorrect. Exceeding the number of estimated
hours of work does not impose any liability on the City for additional payment.
F. Payment will be made upon receipt of billings based on the work completed. Contractor will
submit billings to City periodically, but not more frequently than monthly. Payment by the City
releases the City from any further obligation for payment to Contractor for service or services
performed or expenses incurred as of the date of the statement of services. Payment will be made
only for work actually completed as of the date of invoice. Payment will not be considered
acceptance or approval of any work or waiver of any defects therein.
G. Contractor must furnish certified cost records for all billings to substantiate all charges.
Contractor's accounts are subject to audit by the City. Contractor will submit billings in a form
satisfactory to the City. At a minimum,each billing will identify the Task Order under which such
work is performed, work completed during the billing period, percentage of work completed to
DocuSign Envelope ID: 02C1 1 CA6-25BF-43C6-B9DA-0FF753407202
date, and percentage of budget used to date for each task. Billings must also include Contractor's
employer identification number or social security number, as the City deems applicable.
H. General Terms:
1) Contractor must make payments promptly, as due, to all persons supplying labor or materials
for the performance of the work provided for in this Agreement.
2) Contractor may not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
3) Contractor will pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
4) Contractor will pay all contributions or amounts due the Industrial Accident Fund from the
contractor or any subcontractor.
5) If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes due,
City's Finance Director may pay such claim and charge the amount of the payment against
funds due or to become due the Contractor. The payment of the claim in this manner does
not relieve Contractor or their surety from obligation with respect to any unpaid claims.
6) Contractor will promptly,as due,make payment to any person,co-partnership,association,or
corporation,furnishing medical,surgical,and hospital care or other needed care and attention,
incident to sickness or injury, to the employees of Contractor, of all sums that Contractor
agrees to pay for the services and all moneys and sums that Contractor collected or deducted
from the wages of employees pursuant to any law, contract, or agreement for the purpose of
providing or paying for services.
7) Contractor 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.
8) Contractor must obtain, prior to the execution of any performance under this Agreement, a
City of Tigard Business License. The Tigard Business License is based on a calendar year with
a December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
9) The City certifies that sufficient funds are available and authorized for this Agreement during
the current fiscal year. Funding during future fiscal years is subject to budget approval by
Tigard's City Council.
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 the property of Contractor;however, the City may request, at no additional cost, one
set of previously approved reproducible drawings, as well as storage device such as thumb drive
or SD card in "DWG" or "DXF" format, of the original drawings of the work. The City has
unlimited authority to use the materials received from Contractor in any way the City deems
necessary.
B. The City may make copies, for the use of and without cost to Contractor, of all of its maps,
records, laboratory tests, or other data pertinent to the work to be performed by the Contractor
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 Contractor will 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
DocuSign Envelope ID: 02C1 1 CA6-25BF-43C6-B9DA-OFF753407202
by Contractor at no additional expense to the City, except as provided elsewhere in this
Agreement.
D. Upon completion of a project, copies of all materials generated in the course of the project shall
be provided to the City in both reproducible hard-copy and original electronic format; and
E. All materials and documents acquired or produced in conjunction with a project shall be delivered
to and become the property of the City of Tigard,without restriction or limitation of their future
use.
5. Assignment/Delegation
Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment has any force or effect unless and until the other
party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully
responsible for the acts or omissions of any subcontractors and of all persons employed by them.
Neither the approval by City of any subcontractor nor anything contained herein creates any
contractual relation between the subcontractor and City. The provisions of this Agreement are
binding upon and will inure to the benefit of the parties to the Agreement and their respective
successors and assigns.
6. Status of Contractor as Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is
not entitled to benefits of any kind to which an employee of City is entitled and is 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 is 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.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
7. Conflict of Interest
The undersigned Contractor 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 Contractor,either directly or indirectly,in connection with the letting or performance
of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds,Contractor certifies that he/she is not currently
employed by the Federal Government and the amount charged does not exceed his or her normal
charge for the type of service provided.
8. Indemnification
A. City has relied upon the professional ability and training of Contractor as a material inducement
to enter into this Agreement. Contractor represents that all of its work will be performed in
accordance with generally accepted professional practices and standards as well as the
DocuSign Envelope ID: 02C1 1 CA6-25BF-43C6-B9DA-0FF753407202
requirements of applicable federal, state, and local laws,it being understood that acceptance of a
Contractor's work by City will not operate as a waiver or release. Acceptance of documents by
City does not relieve Contractor of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Contractor agrees to indemnify, defend, save, and
hold harmless the City of Tigard, its officers, employees, agents, and representatives 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
Contractor or its subcontractors, sub-consultants, agents or employees in performance of this
contract at both trial and appeal level, whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies. If any aspect of this indemnity is found
to be illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this indemnification.
C. Claims for Professional Liability. Contractor agrees to indemnify,defend,save,and hold harmless
the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or
actions and all expenses incidental to the investigation and defense thereof, to the extent caused
by the professional negligent acts, errors or omissions of Contractor or its subcontractors, sub-
consultants, agents or employees in performance of professional services under this agreement.
Any work by Contractor that results in a design of a facility that is not readily accessible to and
usable by individuals with disabilities will be considered a professionally negligent act, error, or
omission.
D. As used in subsections B and C of this section, a claim for professional liability 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 Contractor, regardless of the type of
claim made against the City in performance of this Agreement. A claim for other than professional
liability is a claim made against the City in which the City's alleged liability results from an act or
omission by Contractor unrelated to the quality of professional services provided by Contractor
in performance of this Agreement.
9. Insurance
Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out
of Contractor's activities or work hereunder,including the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor will 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 (CG 2010 1185 or equivalent). This coverage must include Contractual
Liability insurance for the indemnity provided under this contract. The following insurance will
be carried, and coverage must include Products-Completed Operations, Personal & Advertising
Injury and Damage to Rented Premises.
Coverage Limit
General Aggregate $3,000,000
Each Occurrence $2,000,000
DocuSign Envelope ID: 02C1 1 CA6-25BF-43C6-B9DA-0FF753407202
B. Professional Liability
Contractor must obtain,at Contractor's expense,and keep in effect during the term of this contract,
Professional Liability Insurance covering any damages caused by any actual or alleged negligent act,
error,or omission in the rendering of or failure to render Professional Services.Combined single limit
per claim may not be less than$2,000,000,or the equivalent. Annual aggregate limit may not be less
than$3,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Contractor must 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 on an "occurrence" form. The Combined Single Limit per occurrence may
not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract,the Contractor
will obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined
Single Limit per occurrence may not be less than $2,000,000.
D. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
must 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 widen
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 workers' compensation coverage. All non-
exempt employers must provide Employer's Liability Insurance with coverage limits of not less
than $1,000,000 each accident.
E. Additional Insured Provision
All required insurance policies, other than Workers' Compensation and Professional Liability,
must name the City its officers, employees,agents,and representatives as additional insureds with
respect to this Agreement.
F. Extended Reporting Coverage
If any of the required 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,if less than
24 months, the maximum time-period Contractor's insurer will provide. Contractor 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. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carriers) with an unacceptable financial rating.
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H. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If Contractor is self-insured for commercial general liability or
automobile liability insurance, Contractor must provide evidence of such self-insurance.
Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on
a form acceptable to the City. The City reserves the right in its sole discretion to determine
whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates of
Insurance have been received and approved by the City. The certificate will specify and document
all provisions within this contract and include a copy of Additional Insured Endorsement. A
renewal certificate will be sent to the below address prior to coverage expiration.
J. Primary Coverage Clarification
The parties agree that Contractor's coverage is 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 Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
OR
ContractsPurchasing&ti�ard-oror.gov
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company, may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring
of such required insurance will not be construed to limit Contractor's liability hereunder.
Notwithstanding said insurance, Contractor is obligated for the total amount of any damage,
injury, or loss caused by negligence or neglect connected with this Agreement.
10. Method& Place of Submitting Notice, Bills, and Payments
All notices,bills and payments will 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 will be used to transmit notices,bills,payments, and other information:
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CITY OF TIGARD KITTELSON&ASSOCIATES,INC
Attn: Lori Faha Attn: Anthony Yi
Address: 13125 SW Hall Blvd Address: 851 SW 6'Ave Ste 600
Tigard, OR 97223 Portland OR 97204
Phone: (503) 718-2759 Phone: (503) 535-7415
Email: lorifQtigard-or.gov Email: 4&kittelson.com
Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so
faxed,upon successful fax. In all other instances,notices,bills and payments will 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.
11. Survival
The terms, conditions, representations, and warranties contained in this Agreement survive the
termination or expiration of this Agreement.
12. 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 will be effective unless and until it is made in writing and signed by
both parties.
13. Termination Without Cause
At any time and without cause, City has the right in its sole discretion to terminate this Agreement by
giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will
pay Contractor for services rendered to the date of termination.
14. Termination for Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, 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.
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this Agreement is
for any reason denied,revoked, or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an
assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph (A) will be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
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B. City, by written notice of default (including breach of contract) to Contractor, may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time specified,
or
2) If Contractor fails to perform any of the other provisions of this Agreement or 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 (10) days or
such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of contract)
by Contractor are not 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), Contractor will be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,provided, that the City
may deduct the amount of damages, if any, sustained by City due to breach of contract by
Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable
and necessary attorney fees, and other costs of litigation at trial and upon appeal.
15. Access to Records
City will have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
16. Hazardous Materials
Contractor will comply with all federal Occupational Safety and Health Administration (OSHA)
requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon
OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may
release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use
(for example, employees of a construction contractor working on-site), it is the responsibility of
Contractor to provide the City with the following information: all applicable Safety Data Sheet, the
identity of the chemical/s, how Contractor will inform employees about any precautions necessary,
an explanation of any labeling system, and the safe work practices to prevent exposure. In addition,
Contractor must label, tag, or mark such goods.
17. Force Majeure
Neither City nor Contractor will 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 will within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification will not be the
basis for a claim for additional compensation. Each party will, however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently
pursue performance of its obligation under the Agreement.
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18. Non-Waiver
The failure of City to insist upon or enforce strict performance by Contractor 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.
19. Hours of Labor, Pay Equity
In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in
any one week, except as provided by law. For contracts for personal services, as defined in ORS
279A.055, Contractor must pay employees at least time and a half pay for all overtime the
employees work in excess of 40 hours in any one week, except for employees who are excluded
under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract, either at the
time of hire or before commencement of work on the contract,or by positing a notice in a location
frequented by employees, of the number of hours per day and days per week that the employees
may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate
of wage,salary,benefits or other compensation with another employee or another person and may
not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or
other compensation with another employee or another person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material
element of this Agreement and failure to comply will be deemed a breach that entitles City to
terminate this Agreement for cause.
20. Non-Discrimination
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
21. Errors
Contractor will 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.
22. Extra Work, Changes
Only the City's Project Manager for this Agreement may change or authorize additional work. Failure
of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the
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contract price or contract time due to such unauthorized extra work and Contractor will not be entitled
to compensation for the performance of unauthorized work.
23. Warranties
Contractor guarantees that professional services will be performed to the professional skill and care
ordinarily provided by firms practicing in the same or similar locality under the same or similar
circumstances. Neither acceptance of the work nor payment therefore relieves Contractor from
liability under warranties contained in or implied by this Agreement
Any intellectual property rights delivered to the City under this Agreement and Contractor's services
rendered in the performance of Contractor's obligations under this Agreement, will be provided to
the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or
assignment, and be free and clear of any and all liens, claims, mortgages, security interests, liabilities,
charges, and encumbrances of any kind.
24. Attorney's Fees
In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of
the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses,
costs and disbursements for the action, suit,proceeding, or appeal.
25. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon
Circuit Court in Washington County or the U.S. District Court for Oregon,Portland.
26. Compliance with State and Federal Laws/Rules
Contractor will comply with all applicable federal, state and local laws,rules and regulations applicable
to the work in this Agreement.
27. Conflict Between Terms
In the event of a conflict between the terms of this Agreement and Contractor's proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the Agreement
and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the
event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control.
28. Audit
Contractor will 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.
Contractor 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
funds.
29. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired
unless the illegal or unenforceable provision affects a significant right or responsibility,in which case
the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may
terminate the Agreement.
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30. Compliance with Tax Laws
Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in
violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and
318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before
the Contractor executed this Agreement or during the term of this Agreement is a default for which the City
may terminate this Agreement and seek damages and other relief available under the terms of this Agreement
or applicable law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly
authorized officials. Awarded by Tigard Is Local Contract Review Board at their January 26, 2021 meeting.
CITY OF TIGARD KITTELSON&ASSOCIATES,INC
DocuSignetl by:
Signature: Signature:
Name: Steve Rymer Name: Anthony
Yi
Title:
City Manager Title: Senior Principal
Date: 02/03/2021 Date: 1/28/2021
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EXHIBIT A
SCOPE OF SERVICES
The tasks below are intended to indicate the broad and diverse range of services the City may contract for
and not necessarily the scope of a typical Task Order.
A. PROJECT MANAGEMENT
1. Work scope and proposal development assistance for a particular Task Order.
2. Prepare and maintain the project schedule and manage consultant staff and subconsultants to meet
schedule project milestones.
3. Schedule and conduct project meetings and prepare agendas and meeting notes.
4. Prepare monthly progress reports,invoices, and cost versus budget vs percent complete reports.
B. CONCEPT PLANNING AND ENGINEERING
1. Research "as-built"records and other historical data.
2. Perform technical evaluations, literature research, field investigations, mathematical analyses,
computer modeling, permitting agency coordination, and/or other work to determine current
conditions and potential constraints and fatal flaws affecting the permitting or construction of a future
project.
3. Identify and evaluate concept level project alternatives and prepare conceptual designs and cost
estimates for future projects.
4. Create project design criteria and/or performance criteria for future projects.
5. Update existing infrastructure system master plans.
6. Participate/Lead public meetings to forward conceptual design and solicit public input.
C. PRELIMINARY AND FINAL DESIGN
1. Prepare preliminary (30%, 60%) and final (90%) project designs, drawings, and specifications based
upon City Standards, Oregon Department of Transportation (ODOT) Standards, Clean Water
Services (CWS) Standards and/or other standards, including preparing supplemental general
conditions and special provisions. Prepare Engineers Estimates and Bid Documents.
2. Perform specialized field investigations such as soil borings and other geotechnical investigations,
water quality sampling, open channel flow measurements, pavement management surveys, pipeline
condition assessments and leak studies, traffic and pedestrian studies, speed studies, signal timing
evaluations, and contaminated soils investigations and plans.
3. Conduct design review meetings, document and distribute review comments, and revise designs,
drawings, specifications, and contract documents as needed.
4. Perform field and topographic surveys to support concept designs and/or final design and drawing
preparation.
5. Prepare environmental reviews and documentation,environmental permit application submittals,and
permitting agency coordination.
6. Prepare documents and maps for right-of-way, easement, and property acquisitions, and assist with
title work and negotiations.
D. CONSTRUCTION ENGINEERING AND FIELD SERVICES
1. Perform surveying services as requested during construction.
2. Perform as-built surveys, establish final survey monuments per Washington County standards, and
file official maps with the City or County as needed.
3. Provide on-site engineering and inspection support during construction,including field evaluation of
specification compliance, submittal reviews, change order reviews, design revisions, billing and
quantity reviews, construction management, and value engineering reviews.
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4. Prepare hard copy and electronic as-built record drawings following construction completion.
5. Provide special inspections and testing services.
E. INVESTIGATIONS, STUDIES,ANALYSES AND OTHER CONSULTING
1. Cost of service analyses (e.g.,rate studies and evaluations).
2. Environmental studies, assessments, reports, and submittals such as wetland delineations, mitigation
plans, and Joint Permit Applications, and contaminated soils or groundwater management plans.
3. Regulatory compliance studies and submittals such as those required for land use or environmental
permitting.
4. Seismic and structural analyses.
5. Forensic investigations and analyses.
6. Computer applications support services (GIS, GPS,AutoCAD).
7. Groundwater.
8. Traffic flow and safety analyses.
9. Walking,bicycling, and transit compatibility analyses.
10. Graphics and visualizations.
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�olr KITTELSON
& ASSOCIATES
KITTELSON&ASSOCIATES,INC.
BILLING RATE SCHEDULE
Effective January 1,2021
The current billing rates for Kittelson&Associates,Inc., staff are as follows and will be invoiced
for the first year of the contract.
Staff Billing Rate
Senior Principal Engineer/Planner $290
Principal Engineer/Planner $250
Associate Engineer/Planner $220
Senior Engineer/Planner $190
Engineer/Planner $160
Transportation Analyst $140
Principal Data Scientist/Developer $260
Senior Data Scientist/Developer $210
Data Scientist/Developer $180
Data Analyst/Software Developer $140
Software Technician $110
Associate Technician $165
Senior Technician $155
Technician 11 $130
Technician 1 $110
Office Support $90
Service& Other Direct Costs Billing Rate
Mileage $.56/mile
Travel&Other Direct Costs Actual Cost
Subconsultants Actual Cost