Angelo Planning Group ~ C150049 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
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Contract Title: Code Audit Services Number:
Contractor: Angelo Planning Group Contract Total: 517.816.00
Contract Overview: The City of Tigard's vision is to be"The most walkable community in the Pacific
Northwest where people of all ages and abilities enjoy healthy and interconnected
lives."As part of this vision,the city hopes "walkability"will become an expression
of the Cit,'s unique identity. This project will help "ensure that development
advances the vision."
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ®Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Tom McGuire Ext: 2490 Department: CD
Type: ❑ Purchase Agreement ® Personal Sei-Vice ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: 1/15/2015_ End Date: 6/30/2015_
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Angelo Planning S17, 816
Berk S26.199
Urbsworks S26,790
Account String: Fund-Division-Account Work Order—Activity T jTe Amount
Year 1 100-3000-54001 S17,516
Year 2
Year 3
Year 4
Year 5
Amovals - 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# U
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
CODE AUDIT SERVICES
THIS AGREEMENT made and entered into this 15`" day of January, 2015 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Angelo Planning Group,
hereinafter called Consultant.
RECITALS
WHEREAS, the City's 2014-2015 fiscal year budget provides for services related to a code audit project;
and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Consultant, and
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WHEREAS, City has determined that Consultant 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:
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1. SERVICES TO BE PROVIDED
Consultant shall initiate services immediately upon receipt of City's notice to proceed together with
an executed copy of this Agreement. Consultant agrees to complete work that is detailed in Exhibit
A and by this reference made a part hereof. Any and all work assigned by the City will be contained
in subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, 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.
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for
performance of those services described herein and in any subsequent agreements that arise from
the work under this Agreement. The total amount paid to the Consultant by the City shall not
exceed Seventeen Thousand Eight Hundred Sixteen and No/100 Dollars ($17,816.00) if all tasks are
completed. Any and all payments made to the Consultant shall be based upon the following
applicable terms:
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A. Payment by City to Consultant for performance of services under this Agreement includes all
expenses incurred by Consultant, with the exception of expenses, if any identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Consultant's invoice, subject to the approval of
the City Manager, or designee, and not more frequently than monthly. Payment shall be made
only for work actually completed as of the date of invoice.
C. Payment by City shall release City from any further obligation for payment to Consultant, for
services performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
D. Consultant shall make payments promptly, as due, to all persons supplying labor or materials for
the prosecution of this work.
E. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
F. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
G. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant 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 Consultant. The payment of the claim in this manner shall not relieve
Consultant or their surety from obligation with respect to any unpaid claims.
H. 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.
I. 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.
J. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. Funding during future fiscal years shall be
subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Consultant which result from this Agreement,including any computations, plans, correspondence or
pertinent data and information gathered by or computed by Consultant prior to termination of this
Agreement by Consultant or upon completion of the work pursuant to 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.
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6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is and shall
be deemed to be an independent Consultant as defined by ORS 670.600 and not an employee of
City, shall not be entitled to benefits of any kind to which an employee of City is entitled and
shall be solely responsible for all payments and taxes required by law. Furthermore, in the event
that Consultant is found by a court of law or any administrative agency to be an employee of
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 this 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.
B. 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 Consultant, 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, Consultant 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.
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.
C. 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.
D. Consultant is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material inducement to
enter into this Agreement. Consultant represents that all of its work will be performed in
accordance with generally accepted professional practices and standards as well as the requirements
of applicable federal, state and local laws,it being understood that acceptance of a Consultant's work
by City shall not operate as a waiver or release.
Consultant agrees to indemnify and defend the City, its officers, employees, agents and
representatives and hold them harmless from any and all liability, causes of action, claims, losses,
damages, judgments or other costs or expenses including attorney's fees and witness costs (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) that may be asserted by any person or entity which in any
way arise from, during or in connection with the performance of the work described in this contract,
except liability arising out of the sole negligence of the City and its employees. Such indemnification
shall also cover claims brought against the City under state or federal worker's compensation laws.
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If any aspect of this indemnity shall be found to be illegal or invalid for any reason ,vhatsoever, such
illegality or invalidity shall not affect the validity of the remainder of this indemnification.
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.
The policy or policies of insurance maintained by the Consultant shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
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. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned,lured, and
non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall
not be less than$2,000,000.
If Consultant uses a personally-owned vehicle for business use under this contract, the
Consultant shall obtain, at Consultant'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.
C. Workers' Compensation Insurance
The Consultant, 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
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 workers' compensation
coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage
limits of not less than$1,000,000 each accident.
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D. 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.
E. Insurance Carrier Rating
Coverages 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.
F. Self-Insurance
The City understands that some Consultants 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 Consultant is self-insured for commercial
general liability or automobile liability insurance the Consultant must provide evidence of such
self-insurance. The Consultant must provide a Certificate of Insuance 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.
G. 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 below address prior to coverage
expiration.
H. Independent Consultant Status
The service or services to be rendered under this contract are those of an independent
Consultant. Consultant is not an officer, employee or agent of the City as those terms are used
in ORS 30.265.
I. 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.
J. 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 contract.
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
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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. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND 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:
CITY OF TIGARD ANGELO PLANNING GROUP
Attn: Tom McGuire,Asst. CD Director Attn: Catherine Corliss
Address: 13125 SW Hall Boulevard Address: 921 SW Washington Street, Suite 468
Tigard, Oregon 97223 Portland, Oregon 97205
Phone: (503) 718-2490 Phone: (503) 227-3673
Fax: (503) 684-7297 Fax: (503) 227-3679
Email: toinm cr,tigard-or.gov Email: ccorliss&angeloplanning.com
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 maybe
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.
10. 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.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City by
a Consultant that does not represent clients on matters contrary to City interests. Further,
Consultant shall not engage services of an attorney 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
on an attorney 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 13 (B) (3) of this agreement.
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12. 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.
13. 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.
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 (10) days
or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 11 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,
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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.
14. 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.
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 (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 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 pursue performance of its obligation under the Agreement.
16. 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.
17. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statutes, 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.
18. 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.
19. EXTRA(CHANGES) WORK
Only the City's Project Manager for this Agreement 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.
20. WARRANTIES
All work shall be guaranteed by Consultant for a period of one year after the date of final acceptance
of the work by the owner. Consultant warrants that all practices and procedures,workmanship and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance
of the work not payment therefore shall relieve Consultant from liability under warranties contained
in or implied by this Agreement.
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21. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including attorney's fees and court costs on appeal.
22. 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.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax withholding contained in ORS Chapters 279A, 279B and 279C, the provisions of
which are hereby made a part of this agreement.
24. 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.
25. 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.
26. 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.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must make payment promptly as due to persons supplying Consultant labor
or materials for the execution of the work provided by this order. Consultant 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 furnished. Consultant further agrees to pay to the Department of Revenue
all sums withheld from employees pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order, then no person shall be employed for more than eight (8)
hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency
or where the public policy absolutely requires it, and in such cases, except cases of contracts for
personal services as defined in ORS 279A.055, the labor shall be paid at least time and a half for all
overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal
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holidays as specified in ORS 279C.540. In cases of contracts for personal services as defined in
ORS 279A.055,any labor shall be paid at least time and a half for all hours worked in excess of forty
(40) hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or
under 29 USC SS 201-209,
29. MEDICAL CARE AND WORKERS' COMPENSATION
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 such Consultant,of all sums which the Consultant
agrees to pay for such services and all moneys and sums which the Consultant collected or deducted
from the wages of the employees pursuant to any law, Consultant agreement for the purpose of
providing or paying for such service.
30. 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 _ ANGELO PLANNING GROUP,INC.
By: D49 anage jay /11 b M By:Authorized Agent of Consultant
A�_75 January 20, 2015
Date Date
10 � P �gr
EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
The City of Tigard's vision is to be: "The most walkable community in the Pacific Northwest where people of
all ages and abilities enjoy healthy and interconnected lives." As part of this vision, the city hopes "walkability"
will become an expression of the City's unique identity. This project will help "ensure that development
advances the vision". To do so, the Tigard Development Code (Title 18), as the document that guides
development, needs to be in "alignment"with the vision. The intent of the audit is evaluate that alignment by
identifying how current rules,regulations, and practices support or preclude the city's ability to meet walkability
and connectivity goals within the built environment as well as opportunities to better connect existing city
policies and master plans with implementing regulations in Title 18. In addition to identifying issues, this
project should identify the path forward through a draft scope of work for the next phase of the project to
evaluate,prepare, and adopt necessary code changes.
SCOPE OF WORK
TASK 1:TIGARD DEVELOPMENT CODE DETAILED AUDIT
As outlined in the project schedule below, the Consultant's team will begin Task 1.1 as soon as notice to
proceed is given. A kickoff meeting with Planning&Engineering staff will occur in mid January to finalize an
approach and format and identify key issues (see Task 3.1 below). Following that meeting Consultant will audit
the code for barriers to achieving the City's vision to be "the most walkable community". An audit the existing
zones and development standards to understand how and when a commercial use is permitted will be
conducted as a part of Task 2.1 as well.
The results of the audit will be summarized and potential solutions identified in a matrix. Solutions will reflect
Consultant's research on best practices from other jurisdictions. The draft scope of work for the next phase
will outline the steps and level of effort needed to put these recommended solutions into practice. As shown in
the project schedule, a preliminary draft of the matrix and scope of work would be reviewed at Wrap-Up
Meeting#1 and revised draft would be presented at Wrap-Up Meeting#2.
TASK 2:LOCAL NEIGHBORHOOD SCALE SERVICE OPTIONS
Essential to creating a walkable city is providing walkable destinations. In recognition of this one of the
Strategic Plan objectives is to improve Tigard's walkability score. Walk Score measures walkability on a scale
from 0 - 100 based on walking routes to destinations such as grocery stores, schools, parks, restaurants, and
retail. As described in the RFP, the goal of this task is to explore options for retrofitting large areas of
developed,residentially zoned land to allow for some limited local service businesses.
An audit the existing zones and development standards to understand how and when a commercial use is
permitted, parking and access is regulated, and any specific site design requirements that might be needed will
be conducted. Temporary uses (e.g.,vending carts) and/or home occupations should be evaluated as options.
The Consultant's team will also identify potential best practices other jurisdictions in the Metropolitan Portland
area and beyond that have successfully integrated limited local commercial uses and other destinations within
residential areas.
As shown in the project schedule, the Consultant's team will conduct the analysis (Task 2.1) and prepare a
Summary&Potential Solutions Matrix (Draft&Final) (Task 2.2) for presentation at Wrap Up Meetings #1 and
#2.
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TASK 3:PROJECT COMMUNICATION AND COORDINATION
As noted above and shown in the Project Schedule,below,Task 3.1 is the Consultant team's first meeting with
City Planning & Engineering staff and will take place in mid January. At that meeting, the Consultant shall
finalize a format and identify key issues for the code audit(Task 1).
Task 3.2 is a midterm check-in meeting with staff. As shown in the project schedule, this meeting is expected
to take place in mid-February. This meeting provides the Consultant's team with the opportunity to discuss the
findings to date and identify any concerns with the approach that might requite modification.
Consultant shall have preliminary drafts of the Task 1 and 2 deliverables available for discussion at the Task 3.3
Wrap Up Meeting #1. This will provide an opportunity for staff to provide feedback and identify any issues
that should be addressed in the revised draft. The revised deliverables would be presented at Task 3.4 Wrap Up
Meeting #2. This follow up meeting would provide an opportunity for city staff to review and discuss the
report and findings.
PROJECT SCHEDULE
Month
Task Jazz Feb Mar
Task 1:Tigard Development Code Detailed Audit
Task 1.1 Review background materials
Task 1.2 Audit of Code/research BMPs for Walkability
Task 1.3 Summary&Potential Solutions Matrix (Draft&Final)
Task 1.4 Next Phase Scope of Work (Draft&Final)
Task 2: Local Neighborhood Scale Service Options
Task 2.1 Audit of Code/research BMPs for Service Options
Task 2.2 Summary&Potential Solutions Matrix(Draft&Final)
Task 3: Project Communication and Coordination
Task 3.1/1.2 Meet with Planning&Engineering staff
Task 3.2 Midterm Meeting
Task 3.3 Wrap Up Meeting#1
Task 3.4 Wrap Up Meeting#2
12 Page
EXHIBIT B
CONSULTANT'S PROPOSAL
City of Tigard
Strategic Plan Development Code Audit
APG DRAFT BUDGET 12/18/2014
Total Draft
APG MIG KAI Budget
Corliss Dupey Wright
Hours $147 $150 Est Fee Hours $180
Task 1:Tigard Development Code Detailed
Audit 52 $7,644 4 $600 6 $1,080 $9,324
Task 1.1 Review background materials 6 $882 4 $600 $0 $1,482
Task 1.2 Audit of Code/BMPs 18 $2,646 $0 4 $720 $3,366
Task 1.3 Summary& Potential Solutions
Matrix(Draft& Final) 16 $2,352 $0 2 $360 $2,712
Task 1.4 Next Phase Scope of Work(Draft&
Final) 12 $1,764 $0 $0 $1,764
Task 2:Local Neighborhood Scale Service
Options - $0 24 $3,600 - $0 $3,600
Task 2.1 Audit of Code/BMPs 12 $1,800 $0 $1,800
Task 2.2 Summary& Potential Solutions
Matrix(Draft& Final) 12 $1,800 $0 $1,800
Task 3:Project Communication and
Coordination 16 $2,352 12 $1,800 3 $540 $4,692
Task 3.1/1.2 Meet with Planning&
Engineering staff 4 $588 3 $450 3 $540 $1,578
Task 3.2 Midterm Meeting 4 $588 3 $450 $0 $1,038
Task 3.3 Wrap Up Meeting#1 4 $588 3 $450 $0 $1,038
Task 3.4 Wrap Up Meeting#2 4 $588 3 $45011 $0 $1,038
TOTAL DRAFT HOURS AND BUDGET 68 $9,996 40 $6,000 9 $1,620 $17,616
Expenses $200
TOTAL $17,816
13 Pa ; c