ESA Vigil-Agrimis ~ C150033 CITY OF TIGARD,OREGON- CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT M
Contract Title: Steve Street Concept Plan Number:
Contractor: ESA Vigil-Agrimis Contract Total: eyb(. R
Contract Overview: ESA Vigil Agdmis will be completing a conceptual plan for Steve Street Property
neighborhood park
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ®Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Steve Martin, Parks/Facility Mgr Ext: 2477 Department: Public Works
Type: ❑ Purchase Agreement ® Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: End Date:
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Lango Hansen 80
ESA Virgil-Agrimis 90
Otak 80
i
Account String: Fund-Division-Account Work Order—Activity T�-pe Amount
Year 1 420.8000.56005.92038.421.130 S22,397.00
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
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.
Contract '
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
STEVE STREET CONCEPT PLAN
THIS AGREEMENT, made and entered into this 23`d day of October, 2014, by and between the
City of Tigard,a municipal corporation,hereinafter referred to as the "City," and ESA Vigil-Agrimis,
hereinafter referred to as the "Consultant."
RECITALS
WHEREAS, the City's 2014-2015 fiscal year budget provides for conceptual planning services for
the Steve Street Project (Project); 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 Consultant to render professional conceptual planning
services for the Project described in this Agreement, and the Consultant 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. Consultant's Scope of Services
The Consultant shall perform professional conceptual planning services relevant to the Project
in accordance with the terms and conditions set forth herein, and as provided in Exhibit 1,
which is attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution by the City's Local Contract
Review Board,and shall expire,unless otherwise terminated or extended, on completion of the
work or June 30, 2015 whichever comes first. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 of this Agreement, and
for services required in the fulfillment of Paragraph 1, the Consultant shall be paid
on an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this agreement,
which shall 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. The Basic Fee shall not exceed the amount of
Twenty Two Thousand Three Hundred Ninety Seven and No/100 Dollars
($22,397.00) without prior written authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of
Services to be provided by the Consultant and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual construction
cost differs from the estimated construction cost, the Consultant's compensation will
not be adjusted unless the Scope of Services to be provided by the Consultant
changes and is authorized and accepted by the City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings
shall be submitted by the Consultant periodically, but not more frequently than monthly.
Payment by the City shall release the City from any further obligation for payment to the
Consultant for service or services performed or expenses incurred as of the date of the
statement of services. Payment shall be made only for work actually completed as of the
date of invoice. Payment shall not be considered acceptance or approval of any work or
waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City,the Consultant shall furnish or acquire for the
City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
A Certified Cost Records
The Consultant shall furnish certified cost records for all billings pertaining to other than
lump sum fees to substantiate all charges. For such purposes, the books of account of
the Consultant shall be subject to audit by the City. The Consultant shall complete work
and cost records for all billings on such forms and in such manner as will be satisfactory
to the City.
E. Contract Identification
The Consultant shall furnish to the City its employer identification number, as
designated by the Internal Revenue Service, or social security number, as the City deems
applicable.
F. Payment—General
1) Consultant shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
3) Consultant shall 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
Consultant or all sums which Consultant agrees to pay for such services and all
moneys and sums which Consultant collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the purpose of providing
or paying for such service.
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4) The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
5) Consultant shall make payments promptly, as due, to all persons supplying services
or materials for work covered under this contract. Consultant shall not permit any
lien or claim to be filed or prosecuted against the City on any account of any service
or materials furnished.
6) If Consultant fails, neglects or refuses to make prompt payment of any claim for
labor, materials, or services furnished to Consultant, sub-consultant or subcontractor
by any person as such claim becomes due, City may pay such claim and charge the
amount of the payment against funds due or to become due to the Consultant. The
payment of the claim in this manner shall not relieve Consultant or their surety from
obligation with respect to any unpaid claims.
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 and shall remain, the property of the Consultant; however,
the City shall be furnished, at no additional cost, one set of previously approved
reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG"
or "DXF" format, of the original drawings of the work. The City shall have unlimited
authority to use the materials received from the Consultant in any way the City deems
necessary.
B. The City shall make copies, for the use of and without cost to the Consultant, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by
the Consultant 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 Consultant shall 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 by the Consultant at no additional expense to the City
except as provided elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment of
tasks to a subcontract, Consultant shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by City of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. Consultant is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Consultant's work product is satisfactory and consistent with this agreement, but
Consultant is not subject to the direction and control of the City. Consultant shall be an
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independent contractor for all purposes and shall be entitled to no compensation other
than the compensation provided for under Section 3 of this Agreement.
B. Consultant is an independent contractor and not an employee of City. Consultant
acknowledges Consultant's status as an independent contractor and acknowledges that
Consultant is not an employee of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Consultant to
provide services under this contract are employees of Consultant and not of City.
Consultant acknowledges that it is not entitled to benefits of any kind to which a City
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law.
Furthermore,in the event that Consultant is found by a court of law or an administrative
agency to be an employee of the City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Consultant under
the terms of the agreement, to the full extent of any benefits or other remuneration
Consultant 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 Consultant or to a third party) as
a result of said finding.
C. The undersigned Consultant 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 the Consultant, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
D. If this payment is to be charged against Federal funds, Consultant certifies that he/she is
not currently employed by the Federal Government and the amount charged does not
exceed his/her normal charge for the type of service provided.
E. Consultant 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.
F. Consultant shall 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.
G. Consultant is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training of the Consultant as a
material inducement to enter into this Agreement. Consultant represents to the City that
the work under this contract will be performed in accordance with the professional
standards of skill and care ordinarily exercised by members of the Consultant's
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profession under similar conditions and circumstances as well as the requirements of
applicable federal, state and local laws, it being understood that acceptance of an
Consultant's work by the City shall not operate as a waiver or release. Acceptance of
documents by City does not relieve Consultant of any responsibility for design
deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Consultant agrees and shall 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 Consultant 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 shall be found to
be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this indemnification.
C. Claims for Professional Liability. Consultant agrees and shall 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, arising out of the professional negligent acts, errors or omissions of
Consultant or its subcontractors, sub-consultants, agents or employees in performance
of professional services under this agreement. Any work by Consultant that results in a
design of a facility that is not readily accessible to and usable by individuals with
disabilities shall be considered a professionally negligent act, error or omission.
D. As used in subsections B and C of this section, a claim for professional responsibility 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
Consultant, regardless of the type of claim made against the City in performance of this
contract. A claim for other than professional responsibility is a claim made against the
City in which the City's alleged liability results from an act or omission by Consultant
unrelated to the quality of professional services provided by Consultant in performance
of this contract.
8. Insurance
Consultant and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover risks arising directly or
indirectly out of Consultant's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
by City is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Consultant and its subcontractors shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance
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Consultant shall obtain, at Consultant'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 shall
include Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Professional Liability
Consultant shall obtain, at Consultant'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 failurel to render Professional
Services. Combined single limit per claim shall not be less than $2,000,000, or the
equivalent. Annual aggregate limit shall not be less than$3,000,000 and filed on a"claims-
made" form.
C. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense,and keep in effect during the term of
the contract(Symbol l or Symbols 8 and 9 as applicable) Commercial Automobile Liability
coverage on an"occurrence" form including coverage for all owned,hired,and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall 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 shall not be less than$2,000,000.
D. Workers' Compensation Insurance
The Consultant, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017,which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Consultants who perform work without the assistance or labor of any employee need
not obtain such coverage. This shall include Employer's Liability Insurance with coverage
limits of not less than$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers, employees, agents and representatives as additional
insureds with respect to this contract. Coverage will be endorsed to provide a"per project"
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aggregate.
F. Extended Reporting Coverage
If any of the aforementioned 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 the maximum time period the Consultant's insurer will provide
such if less than 24 months. Consultant 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
Coverage provided by the Consultant 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 carrier(s)with an unacceptable financial rating.
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 the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The 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,the Consultant shall furnish
a Certificate of Insurance to the City. No contract shall be 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 address below prior to
coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
K. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be 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.
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L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability
and commercial automobile policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance«nll be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard,Oregon 97223
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 shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount
of any damage,injury,or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion,to terminate this
Agreement by giving notice to Consultant. If City terminates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to Consultant,
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 Consultant,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Consultant,if a receiver or trustee is appointed for Consultant, or
if there is an assignment for the benefit of creditors of Consultant.
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Any such termination of this agreement under paragraph (A) shall be without
prejudice to any obligations or liabilities of either party already accrued prior to such
termination.
B. City, by written notice of default (including breach of contract) to Consultant, may
terminate the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so
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 days or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 14 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Consultant shall not be 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), Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Consultant bear to the total services otherwise
required to be performed for such total fee; provided, that there shall be deducted from
such amount the amount of damages,if any, sustained by City due to breach of contract
by Consultant. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Consultant 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.
12. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall 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 shall be used to transmit notices,bills,payments,and other information:
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CITY OF TIGARD ESA VIGIL-AGRIMIS
Attn: Steve Martin,Parks/Facilities Mgr Attn: Maureen Raad
Address: 13125 SW Hall Blvd. Address: 819 SE Morrison Street, Suite 310
Tigard, Oregon 97223 Portland, Oregon 97214
Phone: (503) 718-2477 Phone: (503) 274-2010
Fax: (503) 684-7297 Fax: (503) 274-2024
Email: steve&tigard-or.gov Email: (Contact person's email)
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices, bills and payments shall 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.
13. 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 shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the
City by an Consultant, which does not represent clients on matters contrary to City interests.
Further, Consultant shall not engage services of an Consultant and/or other professional who
individually, or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the
services of an Consultant and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Consultant shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to
the satisfaction of the City. If such conflict is not eliminated within the specified time period,
the agreement may be terminated pursuant to Section 10 (B-3) of this agreement.
15. Force Majeure
Neither City nor Consultant shall 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 shall
within ten days from the beginning of such delay,notify the other party in writing of the cause
of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
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pursue performance of its obligation under the Agreement.
16. Non-Discrimination
Consultant agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statues, rules, and regulations. Consultant also shall comply with the
Americans with Disabilities Act of 1990, ORS 659A.142,and all regulations and administrative
rules established pursuant to those laws. All facilities designed by Consultant under this
contract shall be designed to be readily accessible to and usable by individuals with disabilities
as required by the Americans with Disabilities Act.
17. Errors
Consultant shall 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.
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18. Extra (Changes) Work
Only the City's Project Manager may authorize extra (and/or change) work. Failure of
Consultant to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
Consultant thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Consultant'shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,279B,and 279C.'
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract, this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
22. Access to Records
City shall have access to such books, documents, papers and records of Consultant as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
23. Audit
Consultant shall 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. Consultant 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.
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24. 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 shall
not be affected to the extent that it did not materially affect the intent of the parties when they
entered into the agreement.
25. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency 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 shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
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. Consultant,by the signature of its authorized representative,hereby
acknowledges that he/she has 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 Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD ESA VIGIL-AGRIMIS
T,T>--)L-'— — -—
By: M ine, City Ma ager By:Authorized C00actor Representative
V5 �� 2.3 pc't /4-
Date Date
121 P a g c
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall prepare a master plan for the Steve Street Property Neighborhood Park. There
are six tasks identified for the project. Each of these is described below with associated subtasks
where appropriate.
1. TASK 1- CONDUCT KICK-OFF MEETING
1.1. Conduct Kick-Off Meeting
• Conduct Kick-Off Meeting with Tigard Parks to review project goals, existing
documentation,maps,and critical milestones.
Deliverables: Meeting at Tigard Parks
2. TASK 2-CONDUCT SITE ANALYSIS AND IDENTIFY OPPORTUNITIES AND CONSTRAINTS
2.1. Review Existing Site Conditions and Studies
• Review previous studies including:
o Wetland Delineation Report
• Conduct a half-day field visit to:
o Document Existing Conditions
o Take Photos
o Identify Opportunities and Constraints
2.2. Analyze Applicable Regulatory Constraints
• Review regulatory considerations for the site including:
o Threatened and Endangered species per Endangered Species Act and NOAA
and USFWS and ODFW
o Jurisdictional wetlands according to Clean Water Act and USACE and Removal
Fill Law and DSL per wetland delineation reports
o Cultural Resources per SHPO
o Vegetated Corridors per CWS
o Sensitive Lands per Tigard
o Floodplains and Floodways per City of Tigard
o Stormwater Facilities per CWS
o Public Improvement Design Standards per Tigard
Deliverables: Site Analysis figure(s) (up to two) including graphics and annotation
describing Existing Conditions and Opportunities and Constraints for
development. Table of Regulatory Constraints/Applicable Regulations.
Table of Surveys/Studies that will need to be completed to design and
construct the project.
3. TASK 3-CONDUCT PUBLIC INVOLVEMENT
3.1. Conduct Public Involvement in Conjunction with City Staff
• Discuss Public Involvement with City staff to determine the most appropriate points
in the process to engage the public and solicit input.
• Prepare for and attend two public meetings that educate attendees about the
opportunities and challenges at the site, present proposed program elements, and
preliminary and final proposed master plans. Gather input on the priorities and
13 1 Page.
concerns of the attendees and solicit feedback on the above.
o Develop preliminary conceptual Master Plans
■ Prepare for and attend Meeting 1 to present the Site Analysis, Program, and
up to three Preliminary Conceptual Master Plans. Collect input any unmet
needs,areas of concern,and priorities for the park development.
o Prepare final conceptual Master Plan.
■ Prepare for and attend Meeting 2 to present the Final Conceptual Master
Plan. Share summary of comments from Meeting 1. Present revised concept
and describe how it meets project goals and addresses comments received at
Meeting 1. Collect input on final concept.
3.2. Record and Document Community Input
• Record comments on a flip chart at public meetings. Prepare meeting summaries.
3.3. Meet with key individuals or Stakeholders as Necessary
• Key individual stakeholders have not been identified for this project. It shall be
assumed that this coordination -- if needed -- will be accommodated within the
public meeting process. No additional time has been added for this task.
Assumptions: City will use its resources to identify and send notices to neighbors within
500 feet, and post information on its web site. ESA VA will provide posters
(created in Tasks 2,4,and 5) for open house format meetings.
Deliverables: Preliminary Conceptual Master Plans (2 copies) from Task 4, Final
Conceptual Master Plan 2 copies) from Task 5,and Meeting summaries
4. TASK 4-DEVELOP PRELIMINARY CONCEPTUAL MASTER PLAN
4.1. Incorporate Data and Analysis into Graphic and Written Formats for Presentation
and Discussion the Public, PRAB, and City Staff
• Prepare Site Analysis figure(s):
o Existing Conditions
o Opportunities and Constraints
• Share site analysis with City staff,make recommendations on possible master plan concepts,
and get input.
4.2. Prepare up to Three Preliminary Concepts
• Build on City input, the findings of the site analysis, and permitting requirements,
develop up to three diagrammatic preliminary conceptual master plans for
presentation to the public and Park and Recreation Advisory Board.
Assumptions: City staff will make presentations to the park and Recreation Advisory Board.
Deliverables: Up to Three Draft Conceptual Master Plan (2 hard copies and 1 digital copy
suitable for posting on the internet.
5. TASK 5-PREPARE FINAL CONCEPTUAL MATER PLAN
5.1. Prepare Detailed Site Plan for Presentation
• Develop a detailed master plan graphic that shows the location and size of the final
program elements and summarize it in a brief memorandum.
14 1 Page
5.2. Discussion of Opportunities for Sustainable (Green) Design
• Identify opportunities for sustainable design and summarize them in a table to be
incorporated into the memorandum. Elements may include:
o Wetland and Vegetated Corridors
o Materials and Sourcing
o Stormwater Management
5.3. Discussion of Possible Environmental Mitigation and Permitting Requirements
•
Summarize permitting requirements and probable environmental mitigation in a
table to be incorporated into the memorandum. It is anticipated that this section will
include many of the items listed in Task 2.3.
5.4. Prepare Preliminary Cost Estimates
• Prepare cost estimates for:
o Construction costs for build out
o Operations and Maintenance
5.5. Prepare Presentation Materials, Drawings, Reports, Etc.
• Develop descriptive materials for presentation that include:
o Site Analysis Materials (Task 2)
o Design Plans (Tasks 4 and Task 5.1)
o Memorandum (including sustainable design opportunities, permitting and
mitigation requirements,and cost estimates)
Deliverables: Final Master Plan Graphic (PDF). Draft Master Plan Memorandum including
graphics, Sustainable Design Opportunities Table, Environmental Mitigation
Table, and Construction Cost Estimate and O&M Cost Estimate (Word and
Excel), Final Master Plan Memorandum (PDF)
6. Task 6—Provide Project Management
6.1. Monitor for Budget, Quality and Schedule Goals;Invoice
• Manage project for budget,quality, and schedule.
• Prepare monthly invoices.
Deliverables: Monthly invoices
SCHEDULE
• Kickoff—Late October 2014
• Public Involvement Program—November 2014 through February 2015
• Initial Public Meeting—Mid-November
• Second Public Meeting—Late January
• Conceptual Site Master Plan—February 2015
• Final Documentation—March 2015
15 Page.
EXHIBIT B
CONSULTANT'S PROPOSAL
161 Paye
i
i
October 16,2014
Mr. Steve Martin,Public Works Division Manager
City of Tigard,Public Works
13125 SW Hall Boulevard
Tigard,Oregon 97223
RE: REQUEST FOR PROPOSAL FOR STEVE STREET PROPERTY NEIGHBORHOOD
PARK MASTER PLAN
Dear Steve
Thank you for the opportunity to present our proposal for the Steve Street Property Neighborhood Park
Master Plan.We have really enjoyed working with you on the Dirksen Park Master Plan, Conceptual Plans
for the Skelton Property,and the design of the trail/boardwalk over Derry Dell Creek at the Skelton site.We
look forward to working with you again and are confident that we can deliver an excellent project for you at
the Steve Street property.
PROJECT UNDERSTANDING
Tigard Parks intends to develop a master plan for the 1.4 acre Steve Street property north of the Highway
217-Highway 99W interchange. The proposed master plan will define how the site will function as a
neighborhood park in this underserved part of Tigard. The project is not funded for construction so design
development,permitting,and the preparation of bid documents will be included in a separate phase of work.
The property is bordered by residential and apartment properties to the west,south,and east,and the
Japanese International Baptist Church,who previously owned the property,to the north.There is strong
support for a park in this location because area neighbors brought the property to the attention of the City.
Church leadership also has some interest in how the property will be developed. The neighbors and property
owners nearby,as well as the church,will be stakeholders during the design process.
You've stated that you would like this site master planning process to define and facilitate the future
development of the site as a neighborhood park and have provided a list of possible master plan elements
that include pathways,open play areas, small shelters,a playground,interpretive elements,and community
gardens.These elements can easily be accommodated in the open field areas of the property.A water source
will need to be identified for the community gardens which may influence its location on the site.
One thing we've identified as a possible challenge is the wetland on the property that extends to the north
and west beyond the property boundary.The wetland area in the proposed park is about one-tenth of an acre
and will be protected from development. Clean Water Services (CWS) regulates the water quality buffers of
sensitive areas including wetlands and would regulate a vegetated corridor around the Steve Street property
wetland. You have identified two main park entryways from SW 84th and SW Steve Street(where the City
has a pedestrian easement to the property)as well as a less formal access from the adjacent church to the
north. CWS's regulations will need to be considered when locating and conceptually designing the SW Steve
Street and informal church access points.
We have prepared the following scope of work which describes how we will explore site opportunities,get
stakeholder input,refine the development program,and develop a site master plan for the site. Your
proposed schedule indicates that the project would begin in October 2014 and that the final master plan is
desired by March 2015. This is an aggressive schedule,with the upcoming holiday season,but it's one we can
meet for your needs.
PROJECT SCOPE OF SERVICES
The intent of the project is to prepare a master plan for the Steve Street Property Neighborhood Park. There
are six tasks identified for the project. Each of these is described below with associated subtasks where
appropriate.
Task 1. Conduct Rick-Off Meeting
1.1 Conduct Kick-Off Meeting
■ Conduct Kick-Off Meeting with Tigard Parks to review project goals,existing documentation,maps,
and critical milestones.
Deliverable: Meeting at Tigard Parks.
Task 2 Conduct Site Analysis and Identify Opportunities and Constraints
2.1 Review Existing Site Conditions and Studies
■ Review previous studies including:
o Wetland Delineation Report
■ Conduct a half-day field visit to:
o Document Existing Conditions
o Take Photos
o Identify Opportunities and Constraints
2.3 Analyze Applicable Regulatory Constraints
■ Review regulatory considerations for the site including:
o Threatened and Endangered species per Endangered Species Act and NOAA and USFWS
and ODFW
o Jurisdictional wetlands according to Clean Water Act and USACE and Removal Fill Law and
DSL per wetland delineation reports
o Cultural Resources per SHPO
o Vegetated Corridors per CWS
o Sensitive Lands per Tigard
o Floodplains and Floodways per City of Tigard.
o Stormwater Facilities per CWS
o Public Improvement Design Standards per Tigard
Deliverables: Site Analysis figure(s) (up to two)including graphics and annotation describing Existing
Conditions and Opportunities and Constraints for development. Table of Regulatory
Constraints/Applicable Regulations. Table of Surveys/Studies that will need to be completed to design
and construct the project.
Task 3 Conduct Public Involvement
3.1 Conduct Public Involvement In Conjunction with City Staff
■ Discuss Public Involvement with City staff to determine the most appropriate points in the process
to engage the public and solicit input. We have suggested the following approach for the
purpose of developing a fee estimate for the project but look forward to working with you to
decide how best to engage the public.
■ Prepare for and attend two public meetings that educate attendees about the opportunities and
challenges at the site,present proposed program elements,and preliminary and final proposed master
plans. Gather input on the priorities and concerns of the attendees and solicit feedback on the
above.
o Develop preliminary conceptual Master Plans
Prepare for and attend Meeting 1 to present the Site Analysis,Program,and up to
three Preliminary Conceptual Master Plans. Collect input any unmet needs,areas of
concern,and priorities for the park development.
0
o Prepare final conceptual Master Plan.
Prepare for and attend Meeting 2 to present the Final Conceptual Master Plan.
Share summary of comments from Meeting 1. Present revised concept and describe
how it meets project goals and addresses comments received at Meeting 1. Collect
input on final concept.
3.2 Record and Document Community Input
■ Record comments on a flip chart at public meetings. Prepare meeting summaries.
3.3 Meet with key individuals or Stakeholders as Necessary
■ Key individual stakeholders have not been identified for this project. We assume that this
coordination--if needed--will be accommodated within the public meeting process. No additional
time has been added for this task.
Assumptions.- City will use its resources to identify and send notices to neighbors within 500 feet,and post
information on its web site. ESA VA will provide posters (created in Tasks 2,4,and 5) for open house
format meetings.
Deliverables: Preliminary Conceptual Master Plans (2 copies) from Task 4,Final Conceptual Master Plan 2
copies) from Task 5,and Meeting summaries
Task 4 Develop Preliminary Conceptual Master Plan
4.1 Incorporate Data and Analysis into Graphic and Written Formats for Presentation and
Discussion the Public,PRAB,and City Staff
■ Prepare Site Analysis figure(s):
o Existing Conditions
o Opportunities and Constraints
■ Share site analysis with City staff,make recommendations on possible master plan concepts, and get
input.
4.2 Prepare up to Three Preliminary Concepts
■ Build on City input,the findings of the site analysis,and permitting requirements,develop up to
three diagrammatic preliminary conceptual master plans for presentation to the public and Park and
Recreation Advisory Board.
Assumptions: City staff will make presentations to the park and Recreation Advisory Board.
Deliverables: Up to Three Draft Conceptual Master Plan (2 hard copies and 1 digital copy suitable for
posting on the internet.
Task 5 Prepare Final Conceptual Master Plan
5.1 Prepare Detailed Site Plan for Presentation
■ Develop a detailed master plan graphic that shows the location and size of the final program
elements and summarize it in a brief memorandum.
5.2 Discussion of Opportunities for Sustainable (Green)Design
■ Identify opportunities for sustainable design and summarize them in a table to be incorporated into
the memorandum. Elements may include:
o Wetland and Vegetated Corridors
o Materials and Sourcing
o Stormwater Management
5.3 Discussion of Possible Environmental Mitigation and Permitting Requirements
■ Summarize permitting requirements and probable environmental mitigation in a table to be
incorporated into the memorandum. We anticipate that this section will include many of the items
listed in Task 2.3.
5.4 Prepare Preliminary Cost Estimates
■ Prepare cost estimates for:
o Construction costs for build out
o Operations and Maintenance
5.5 Prepare Presentation Materials,Drawings,Reports,Etc.
■ Develop descriptive materials for presentation that include:
o Site Analysis Materials (Task 2)
o Design Plans (Tasks 4 and Task 5.1)
o Memorandum (including sustainable design opportunities,permitting and mitigation
requirements, and cost estimates)
Deliverables: Final Master Plan Graphic (PDF). Draft Master Plan Memorandum including graphics,
Sustainable Design Opportunities Table,Environmental Mitigation Table,and Construction Cost Estimate
and O&M Cost Estimate (Word and Excel),Final Master Plan Memorandum(PDF)
Task 6.Provide Project Management
6.1 Monitor for Budget,Quality and Schedule Goals;Invoice
■ Manage project for budget,quality,and schedule.
■ Prepare monthly invoices.
Deliverables: Monthly invoices
SCHEDULE
We anticipate beginning coordination upon receiving Notice to Proceed (NTP). We anticipate NTP in late
October to develop the Conceptual Site Master Plan by the end of March 2015.
Milestones:
Kickoff late October 2014
Public Involvement Program November 2014 through February 2015
Initial Public Meeting mid-November
Second Public Meeting late January
Conceptual Site Master Plan February 2015
Final Documentation March 2015
FEES AND EXPENSES
PAYMENT
ESA Vigil-Agrimis proposes to be compensated on a Task basis for professional services according to the
attached spreadsheet titled, "Compensation Information and Fees". A monthly invoice will be prepared
around the 1011,of each month. Payment by Client will be made within 30 days of the invoice.
EXCLUSIONS AND ASSUMPTIONS
The above preliminary budget estimate is for master planning an approximately 1.4 acre neighborhood park.
The following professional services are specifically excluded:
■ Topographic survey
■ Archeological investigation
■ Natural Resources Assessment
The following is assumed as services provided by City of Tigard:
■ Georeferenced high-resolution air photo of the site
■ Identification of Affected Neighbors,mailer reproduction and Postage for Mailing Meeting
Notifications for Neighbors
■ Venues for Public Meetings will be selected and rented (as necessary)
AGREEMENT
The Client can use this letter as a contract by signing below. An original of this proposal letter are enclosed
for your review and signature. Please read this document carefully and when you are satisfied,please sign the
original and return it to us,keeping a copy for your records.
SEVERABILITY AND SURVIVAL
Any term or provision of this Agreement found to be invalid under any applicable statute or rule of law shall
be deemed omitted and the remainder of the Agreement shall remain in full force and effect.
Notwithstanding completion or termination of this Agreement for any reason, all rights,duties and
obligations of the parties of this Agreement shall survive die completion or termination of diis Agreement
and shall remain in full force and effect until fulfilled.
We look forward to assisting you with this project and drank you for die opportunity to provide our
professional services. Please call us at 503.274.2010 if you have any questions.
Sincerely,
ESA Vigil-Agrimis
Maureen Raad,R.L.A. Paul Agrimis,R.L.A.,P.E.,P.W.S.
Project Manager Principal-in-Charge
ACCEPTED BY CLIENT:
BY:
TITLE:
DATE:
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