Spencer Consultants ~ C140028 City of Tigard
13125 SW Hall Blvd.
M CONTRACT CHANGE ORDER Tigard,Oregon 97223
i P
AMENDMENT SUMMARY FORM hone- (503) 639-4171
Fax- (503) 684-7297
Project Title: DOWNTOWN TIGARD MIRED Project Manager: Sean Farrelly
USE PROJECT CONSULTING
Contractor: Spencer Consulting Original Contract#: C140028
Effective Dates: I Chane Order/Amendment Amount: $595.00
Accounting String:940-8000-5 6 00 5 1 Arnendtnent Percentage Running Total: 1%
AMENDMENT DETAILS
Increase not to exceed budget b $595.00 $84,500 to $85,095)
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
To cover$595.00 final bill from Leland Consulting for thew-Market Analysis Services.
REQUESTING PROJECT MANAGER APPROVIN TY STAFF
\ L
Signature 6/Signature
/, -�2 , -ao/57
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The it pricing in the original contract shall apply to Signature
wait
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed the project's FY budget. F Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
DOWNTOWN TIGARD MIXED USE PROJECT CONSULTING C140028
AMENDMENT#3
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Spencer Consulting, hereinafter referred to as Contractor, entered into on the 30th day of
September,2013,is hereby amended as follows:
COMPENSATION
Increase not to exceed budget by$595.00 ($84,500 to$85,095)
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 SPENCER CONSULTING
Signature Si ature
N A v JOH14 G
Printed Name Printed Name
Zv l5 t �Zlf��Dlcj
Date Date
City of Tigard
13125 SW Hall Blvd.
" CONTRACT CHANGE ORDER/ Tigard, Oregon 97223
i
AMENDMENT SUMMARY FORM Phone- (503) 639-4171
r Fax- (503) 684-7297
www.ti and-or. ov
Project Title: Downtown Tigard Mixed Use Project Project Manager: Sean Farrelly
Consulting
Contractor: Spencer Consulting -Original Contract#: C140028
Effective Dates: I Chane Order/Amendment Amount: $4,500
Accounting String:940-8000-56005 1 Amendment Percentage Running Total: 5.6%
AMENDMENT DETAILS
Increase not to exceed budget b $4,500 $80,000 to $84,500) for consultant to attend additional meetings and
briefings.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
The city has requested the consultant to attend additional meetings and Council briefings.
REQUESTING PROJECT MANAGER APPROVING CITX STAFF
Si aturezi i afore
�'r
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed the project's FY budget. F Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
DOWNTOWN TIGARD MIXED USE PROJECT CONSULTING-C140028
AMENDMENT##,2
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Spencer Consulting, hereinafter referred to as Contractor, entered into on the 30th day of
September,2013,is hereby amended as follows:
COMPENSATION
City agrees to pay Contractor an amount not to exceed
Eighty Four Thousand Five Hundred and No/100 Dollars ($84,500.00) for performance of those
services described in this Agreement_and subsequent amendments. Payment will be made based on
Contractor's invoice, subject to the approval of the City, and not more frequently than monthly. Payment
shall be payable within thirty(30) days from the date of the Contractor's invoice.
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 SPE CER CONSULTING
Signature Si `ture
PHO 6- fThl/T
Printed Name Printed Name 1
Date Date
City of Tigard
13125 SCS' Ball Blvd.
CONTRACT CHANGE ORDER/ Tigard,Oregon 97223
AMENDMENT S1UA1mARY FORm
Phone- (503) 639-4171
Fax-(50-1) 684--7297
91-1 i w%%7w. W rd-or. ov
Project Title: DOWNTOWN TIGARD MIXED Project Manager: Sean Farrelly
USE PROJECT CONSULTING
Contractor: Spencer Consulting Origin Contract#: C140028
Effective Dates: Chane Order/Amendment Amount: $
Accounting Strip :940-8000-56005 Amendment Percentage Running Total: %
AMENDMENT DETAILS
Extend expiration date to 6/30/2015. No change in contract amount.
CHANGE ORDER DETAILS UNIT Q rY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDNI NT
Project extended
REQUESTING PROJECT MANAGER APPROVING ITY STAFF
Signature Si77na me
� •
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed the project's FY budget. mate
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
DOWNTOWN TIGARD MIXED USE PROJECT CONSULTING C140028
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Spencer Consulting, hereinafter referred to as Contractor, entered into on the 30th day of
September, 2013,is hereby amended as follows:
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise
terminated or extended, on,June 30, 2015. All work under this Agreement shall be completed prior to the
expiration of this Agreement.
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 SPENCE CONSULTIN
Signature Sign6&e Printed Name Printed Name
�• ?201¢
Date Date
CITY OF TIGARD,OREGON
CONTRACT SUMMARY FORM
(FORMMUST ACCOMPANYEACH CONTRACTFOR AUTHORIZATIORg
Contract Title: Downtown Tigard Mixed Use Project Consulting Number: c)qotQ
Contractor: Spencer Consultants Contract Total: $80,000
Contract Overview: Project management services market studies, conceptual design studies, d
financing strategies for Downtown Tigard Mixed Use Projects/CET grant
Type: ❑ Purchase Agreement Start Date: September 30,2013 End Date: June 30.2014
® Personal Service
❑ Public Improvement LCRB Award: Department:
❑ IGA
❑ Other: Contract Manager: Sean Farrelly
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Spencer Consultants 95
Shiels Obletz-Johnsen 90
john Southgate LLC 90
Account String: Fund-Division-Account Work Order—Activily Type Amount
Year 940-8000-560005 97012-940 $80 000
Year 2
Year 3
Year 4
Year 5
Approvals
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signa
City Manager Commen s.
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract#���lci7oZ '
CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
DOWNTOWN TIGARD MIXED USE PROJECT CONSULTING
THIS AGREEMENT made and entered into this 30th day of September, 2013, by and between
the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and
Spencer Consulting,hereinafter called Contractor.
RECITALS
WHEREAS, City has need for the services of a company with a particular training, ability,
knowledge,and experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth:
THEREFORE,the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services upon receipt of City's notice to proceed together with an executed
copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A —Scope
of Work and by this reference made a part hereof.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon signature by both parties and shall expire, unless
otherwise terminated or extended, on June 30, 2014. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not to exceed Eighty Thousand and 00/100 Dollars
($80,000.00) for performance of those services described in this Agreement. Payment will be made
based on Contractor's invoice, subject to the approval of the City, and not more frequently than
monthly. Payment shall be payable within thirty(30) days from the date of the Contractor's invoice.
CONTACT INFORMATION
All notices,bills,and payments shall be made in writing and may be given by personal delivery,mail,
or fax. Payments may be delivered by personal delivery,mail, or electronic transfer. The following
addresses and contacts shall be used to transmit notices,bills,payments,and other information:
CITY OF TIGARD SPENCER CONSULTANTS
Attn: Sean FarrellAttn: Tohn C. Spencer,AICP
Address: 13125 SW Hall Boulevard Address: 1950 NW Overton Street
Tigard,Oregon 97223 Portland,OR 97209
Phone: 503 718-2420 Phone: 503-789-0112
Fax: 503 718-2748 Fax:
Email: scan@tigard-or.gov Email: john s pence
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Contractor
which result from this Agreement,including any computations,plans,correspondence or pertinent data
and information gathered by or computed by Contractor prior to termination of this Agreement by
Contractor or upon completion of the work pursuant to this Agreement.
GoyERNTNG LAW
Contractor shall comply with all applicable federal, state and local laws; and rules and regulations on
non-discrimination in employment because of race, color, ancestry, national origin, religion, sex,
marital status, age, medical condition or disability. The provisions of this Agreement shall be
construed in accordance with the provisions of the laws of the State of Oregon. All provisions required
by ORS Chapters 279A,279B,and 279C to be included in a contract of this type are incorporated into
this Agreement as though fully set forth herein. Any action or suits involving any question arising
under this Agreement must be brought in the appropriate court of the State of Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable,Contractor must make payment promptly as due to persons supplying Contractor labor
or materials for the execution of the work provided by this order. Contractor must pay all contributions or
amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order.
Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of
City on account of any labor or material to be famished Contractor further agrees to pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver,
consent, modification, or change of terms of this Agreement shall bind either party unless in writing
and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective
only in specific instances and for the specific purpose given. There are no understandings,agreements,
or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the
signature of its authorized representative, hereby acknowledges that they have read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD SPENCER CONSU T S cI
"�/A
By: Authorized City staff By: Ay ithorized Agent Contractor
�?043
Date Date
Personal Services Agreement—Short Form 4 1 Pa =} e
Revision Date: 7/11/2013
Exhibit A
Scope of Work
The Contractor will serve as project manager for the work tasks described below,participate in all
project team meetings and report to the Community Development Director. Contractor will act as the
primary liaison between the City and George Diamond Properties (GDP).Work tasks and Contractor's
role are outlined below. In addition to the Contractor's project management activities,Contractor will
also retain Sub-Contractors to provide market studies,prepare concept design,and advise on financing
strategies described in the tasks below.
1. Scope of Services
A Memorandum of Understanding
A.1 A MOU will be negotiated between the City and GDP that identifies the roles and responsibilities
and performance measures for each party.
Contractor Kole:Draft MO U,participate in meetings to negotiate a final document.
B CET Grant Management
B.1 Develop project management,scheduling,budgeting and reporting mechanisms as required by
the CET Grant Award.
Contractor Role. Coordinate with city staff on project management activities and reportin& oversee and review technical
work.
1 Environmental Investigations
1.1 Complete phase 2 assessment on City-owned site. City will contract for these services.
1.2 Conduct phase 1 and 2 assessments on a second downtown site.
1.3 Project Team Meetings.
Milestone#1-Deliverable:Phase 1 and 2 Environmental Assessment Report
Contractor Role.Oversee and review technical work by city contractor.
2 Property Options/Acquisitions
2.1 Negotiate property acquisition options and earnest money deposits.This task is a GDP
responsibility.
Contractor Role.Participate in strategy sessions as needed with GDP.
3 Appraisals and Land Surveys
3.1 Conduct appraisals and surveys for 2 separate properties. City will contract for these services.
3.2 Project Team Meetings.
Milestone#2 Deliverable Appraisal Reports and Sumgs for two Downtown sites.
Contractor Role:Oversee and review technical work by city contractor.
4 Market Studies
4.1 Conduct market studies for 2 separate properties. The scope for the market studies is to identify
value,preferred uses,unit size and mix,and anticipated rent and lease rates.
4.2 Project Team Meetings.
Milestone#3-Deliverable..Market Studies for two Downtown sites.
Contractor Role:Coordinate subcontractor selection, oversee and review technical work, contract administration.
Personal Services Agreement—Short Form g I P e.
Revision Date: 7/11/2013
5 Conceptual Design and Cost Estimates
5.1 Develop conceptual site plans and massing diagrams for 2 sites. Based on the results of the market
studies, site plans and conceptual massing studies will be prepared for both Downtown sites. Design
will be sufficient to identify building placement, unit sizes, parking arrangements, and construction
types. GDP to provide 50%of the cost for architectural services.
5.2 Prepare planning level cost estimates for 2 sites.
5.3 Project Team Meetings.
Milestone#4-Deliverable:Design Plans and Cost Estimates for two Downtown sites.
Contractor Role:Participate in subcontractor selection,and review technical work, contract administration.
6 Pro-forma Analysis
6.1 Prepare pro-forma analysis for 2 sites. GDP has responsibility for this task.
6.2 Project Team Meetings.
Deliverable.Pro forma Analysis for two Downtown sites.
Contractor Role.Participate in strategy sessions as needed with GDP, review technical work.
7 Public/Private Financing Strategies
7.1 Evaluate private financing and identify financing gaps for 2 sites. Based on results from the pro-
forma analysis, the results of the analysis will be analyzed, and funding gaps identified as applicable. A
financial sub-consultant will assist the analysis and will undertake financial tasks described in 7.2-4.
7.2 Evaluate public financing to address financing gaps for 2 sites.
7.3 Develop recommended financing strategies.This task will be undertaken by CCDA staff and
financing consultant. It is anticipated that a primary source of potential public investment will be urban
renewal funds,and the CCDA board will be consulted throughout this task.
7.4 Project Team Meetings.
Deliverable:Draft and Recommended Financing Strategies
Contractor Role. Coordinate subcontractor selection,participate with staff in strategy sessions, oversee and review technical
work, contract administration.
8 Development Agreements
8.1 Prepare draft development agreements for 2 separate properties. CCDA staff with assistance
from the city's contract legal counsel will complete this task.
8.2 Finalize development agreements.
8.3 Project Team Meetings.
Deliverable:Draft and Recommended Development Agreements
ContractorRole:Participate with staff and legal counsel in strategy sessions, review technical work.
9 CCDA Board Approvals
9.1 Provide briefings to CCDA board on all project elements. CCDA staff will provide regular updates
and hold work session throughout the project with the CCDA board and other city boards and
commissions as needed.
9.2 Review draft and final development agreements and approvals
9.3 Proj ect Team Meetings.
Deliverable:Exemted Development Agreements
Contractor Role:Participate in briefings and preparing bri f ng materials.
Personal Services Agreement—Short Form 61 ? a e
Revision Date: 7/11/2013
2. Fee Schedule:
For this contract the hourly rate is as follows:
Staff Hourly rate
John Spencer,AICP $175
Consultants Budget
Project Management-john Spencer $35,000
Economist-Task 4 Market Studies $15,000
Architect-Task 5 Conce teal Design $20,000
Econornist-Task 7 Finan ' Strategies $10,000
Total $80,000
Personal Services Agreement--Short Form 7
Revision Late: 7/11/2013