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MIG, Inc ~ C180035 City of Tigard CONTRACT CHANGE ORDER/` 13125 SW Hall Blvd. r Tigard,Oregon 97223 ■ AMENDMENT SUMMCARY" . ,Phone-(50 3)639-4171 • * �-'IELD'f:HANGE ORDER FORM'. " Fax (503) 684-7297 www.ti rd=or. ov Project Title: American With Disability Act (ADA) Project Manager: Lori Faha Self-Evaluation and Transition Plan Development Contractor: An elo Planning Group APG Original Contract #: C180035 Effective Dates: 01/29/2018—06/30/2020 Change Order/Amendment Amount: Accounting String: Amendment Percentage Running Total: % AMENDMENT DETAILS 1. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, upon completion of the work or Deeember 31, 2019 June .30, 2020, whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FOR:CHANGE ORDER/AMENDMENT BUDGET IMPACT AND REQUIRED ACTIONS REQUESTING PROJECT MANAGER APP RO CITY STAFF S`" ature Siknatur6 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 all Signature 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. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT AMERICAN WITH DISABILITY ACT(ADA) SELF-EVALUATION AND TRANSITION PLAN DEVELOPMENT C180035 AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and MIG, Inc, hereinafter referred to as Contractor, entered into on the 29th day of January, 2018, is hereby amended as follows: 1. 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 Oreem34—,241-4 June 30, 2020,whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. IN WI'T'NESS 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 M I ,,INC, Signature�/ / / Sig lature Printed Name Printed Name _-Cl,rye 9 �� ��• zo, — Date Date _CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORMMUSTACCOMPANYEVERY CONTRACT Contract Title: ADA Self-Evaluation&Transition Plan Number: C lqsW3�s Contractor- MIG Contract Total: $220,000 Contract Overview7 The city needs to contract with a specialized consultant team to assist with updating its Americans with Disabilities Act (ADA) Self-E%raluation and Transition Plan to meet federal requ cements The consultant will help to develop a full .SDA Title II Self-Ex-aluatLon and Transition Plan Update.with compliance reriews for services programs,and facilities. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate Q Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Lon Faha Ext: 2759 Department: PW Engineering Type. ❑ Personal Svc ® Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc ❑ Engineering Svc ❑ Other: Start Date: 2/15/2018_End Date: 12/31/2019 Quotes/Bids/ProposaL• FIRM AMO TNT/ ORE (1) MIG 1 (2) W-T Group 2 (3) Meeting the Challenge 3 (4) EMG 4 Account String. Fund-Division-Account Work Order—Activity J=e 'mount FY 2017/18 420-8000-56005 92055-130 $200,000 FY 2018/19 _420-8000-56005 92055-130 $20,000 FY FY Approvals - LCRB Date: 1/23/18 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. z'sContract Numbe 00 CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT AMERICANS WITH DISABILITY ACT(ADA) SELF-EVALUATION AND TRANSITION PLAN DEVELOPMENT THIS AGREEMENT, made and entered into this 29`s day of January, 2018, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and MIG,Inc., hereinafter referred to as the "Consultant." RECITALS WHEREAS, the City's 2017-2018 Fiscal Year budget provides for professional services for the ADA Self- Evaluation and Transition Plan Development 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 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 services relevant to the project in accordance with the terms and conditions set forth herein,and as provided in Exhibit A,which is attached hereto and by this reference made a part of this Agreement. 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 December 31,2019 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 A 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 B 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 Two Hundred Thousand and No/100 Dollars ($200,000.00). The City also agrees to an additional possible Twenty Thousand and No/100 Dollars ($20,000.00) for additional possible service tasks that may be required but have not yet been identified. Written authorization by both Parties shall be required to add these additional funds to the Agreement. At no time shall the total amount paid to the Consultant exceed Two Hundred Twenty Thousand and No/100 Dollars ($220,000.00). 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 B of this contract for minor project additions and/or alterations. D. 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. 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 21 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 vith this agreement,but Consultant is not subject to the direction and control of the City. Consultant shall be an 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 31 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 parry) 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 31 st 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 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, 41 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 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 failure 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. 50 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"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"ANII" 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 61 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. 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 will 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. Temiination 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. 7 . 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. 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 81 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: Cnyor tiGARD MIG.Nc. Ann: Lori Faha,P.E.,City Engineer Attn: Heather Buczek Address: 13125 SW Hall Boulevard Address: 815 SW 2"d Avenue,Suite 200 Tigard,Oregon 97223 Portland,Oregon 97204 Phone: (503) 718-2759 Phone: (503) 297-1005, ext. 206 Email: lorifna.tivard-or.gov Email: heatherbna.migcom.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 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 a 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) calendar 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 9I 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 parry 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-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. 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 10 1 representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 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. ConVIete 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 betveen 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. Awarded by Tigard's Local Contract Review Board at their January 23,2018 sin s mee CITY OF TIGARD MI ,I By:Marty Wine,City Manager By: 0 Uo acto epre entative Date Date 11 � Exhibit A Scope of Services BACKGROUND The City of Tigard is seeking a consultant team to assist with updating its Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. Tigard first developed a Transition Plan in 1993. In 1999 and 2000, the city performed an ADA self-evaluation and transition plan for buildings and parks. The Consultant will help to develop a full ADA Title II Self-Evaluation and Transition Plan Update,with compliance reviews for services,programs,and facilities. Facilities assessments will include three main categories: public buildings,parks,and right-of-ways. TASK 1: PROJECT INITIATION Task 1.1:Project Initiation Following the execution of a contract,the Consultant's team will meet with City staff to refine the proposed tasks and schedule,including options and recommendations for staff and community involvement during the preparation of the Self-Evaluation and Transition Plan.MIG will work with City staff to identify and obtain all necessary documents and materials to support the self-evaluation process and field evaluations. The final report format and content will be reviewed and confirmed. QU sista,f inr olvemeni City ADA Coordinator or Project Manager and key staff members will attend a 1-1/2 to 2-hour meeting with Consultant. City staff will assemble facility site plans,GIS data or CAD data,and a list of City programs, services,and policy documents. Deliverable: Consultant will provide the agenda,meeting materials,and facilitate meeting. Task 1.2:Public Information Portal Consultant recommends that the City designate a page on the City's website to the ADA Transition Plan. The webpage will serve as an information portal for the Transition Plan process,meeting summaries,the project schedule, and more generally the City's ADA Title II Program.The public review draft of the plan will be posted on the page for public comment before the final presentation to Council. City Stg,TInvolvement. City staff will designate a page on the City's website dedicated to the Transition Plan project and will update information as needed. Deliverable:Consultant will provide City staff with planning project announcements and updates for the web page throughout the duration of the project. Task 1.3:Focus Group Development Consultant will work with the City's Project Manager to identify a preliminary Focus Group to provide review and perspective for the project.Focus group participants will be solicited from local organizations that serve people with disabilities.A focus group of six to eight people is manageable and productive.A major task of the focus group is to provide insights during the barrier prioritization process and to review the draft Transition Plan. Forming a project focus group will allow for the participation of members of the disability community citywide through on-and-off site participation—creating one comprehensive forum for the discussion of ADA barriers and priorities within the City. Consultant will work with the City's Project Manager to identify and contact focus group participants. Consultant will facilitate three focus group meetings throughout the planning process. City Sta, Involvemen2 City Project Manager will identify,if available,preliminary focus group participants. 12 Tack 1.4:Project Management Consultant will maintain project files,invoicing,records of meetings,reports,and recommendations. Consultant Principal and Project Manager will be available and in communication with the City's Project Manager and team throughout the project. CIA stinvolvement Process payments,project communication,on-going city engagement in the planning process. Deliverable:Consultant will assist the City in its approach to identifying participants for the Focus Group. TASK 2.ADA POLICY& PROGRAM EVALUATION & REPORT Task 2.1:Review City of Tigard Policies and Standards The Consultant Team will collect and review City of Tigard policy documents to identify issues that should be addressed regarding the accessibility of policies,programs,and activities. Policy documents will include department and facility rules and regulations,administrative bulletins,the City's Municipal Code,the Comprehensive Plan,other planning documents,the City's website,right-of-way design standards and city practices for construction,maintenance management practices for ensuring pedestrian accessibility,and project/program notifications.Based on the review,Consultant will make recommendations regarding City policies and standards. Q*statj'involvement.•Staff will provide Consultant direction on the various policy documents for review. Deliverables:Consultant will provide a report with the policy review and recommendations. Task 2.2:Staf'Questionnaire and Orientation Meeting To meet the requirements of 28 CFR Subpart A,Consultant will evaluate the current level of accessibility of programs,services,and activities provided by the City by administering an online program questionnaire to selected City staff.The evaluation will identify current practices regarding ADA requirements including: eligibility requirements,participation requirements, facilities used, staff training,tours and transportation, communications, notifications,public meetings,use of contracted services,purchasing,maintenance of accessible features,and emergency procedures. The questionnaire will be distributed electronically.Prior to the distribution of the questionnaire, Consultant will meet with staff representing City departments and major program areas to introduce and orient them to the questionnaire and answer any questions about the self-evaluation process. If desired, Consultant will also conduct staff interviews of key personnel in addition to the questionnaire to supplement the findings. City Staff Involvement.•City Project Manager and key staff members will attend a 1-hour meeting with Consultant.The questionnaire will be distributed as an URL to selected City staff. Staff will complete the online questionnaire (approximately 15 to 45 minutes).Assistance from the City's Project Manager may be required to prompt staff to complete the questionnaire. Deliverables:Consultant will facilitate the meeting,provide the program questionnaire online, review and analyze responses,and provide a report with recommendations. 13 Task 2.3:ADA Focus Group Meeting#1 At this meeting,Consultant will educate the Focus Group on the process and components required to fulfill the obligations to complete an ADA Self-Evaluation&Transition Plan. Consultant will also work with the group to identify what is working well,what are challenges,and to identify planning priorities. City sta,ffinvolvement. This meeting can be held on the same day as Tasks 2.2. Deliverable:Consultant will facilitate the meeting and collect information from Focus Group participants for inclusion in the self-evaluation and barrier removal priorities. Consultant will provide a meeting summary. TASK 3:ADA FACILITY EVALUATIONS The facility evaluations are separated into two main categories: facilities in the right-of-way and all other property.Task 3 focuses on buildings and parks and Task 4 focuses on curb ramps and sidewalks. Task 3.1:Prepare Faciliy Diagrams Consultant will prepare diagrammatic plans of all buildings and parks based upon site plans and floor plans provided by the City. If plans do not exist,the Consultant Team will produce illustrative diagrammatic plans.Aerial imagery will also be used for building exteriors and parks.The diagrams base data will be in a GIS format and will be included in the facility reports described in Task 3.3.The diagrams will be used to indicate the location of ADA barriers identified during the evaluation. QU S&LEInyolvement.•The City will provide any existing CAD files,site plans,emergency evacuation diagrams, or other graphics or information that portrays City facilities. Deliverables:Facility diagrams for incorporation into the facility reports. Task 3.2: Conduct Facility Evaluations Consultant will evaluate all portions of exterior and interior features of buildings and parks where members of the public engage in City programs,activities, and services.This does not include areas that are for authorized personnel only,staff work spaces or maintenance spaces.The evaluation will identify physical barriers in each facility that limit accessibility for the public and compare each facility to the 2014 Oregon Structural Specialty Code and 2010 ADA Standards,and if desired for park facilities the 2015 ABA Standards.The facilities to include in the evaluation approach are the following: Buildings: ■ City.Hall/Permit Center/Police Department ■ Public Works Building ■ Senior Center ■ Library ■ Fanno Creek House ■ Dirksen Nature Park Educational Building Parks/Trails: ■ Cook Park ■ Summer Lake Park ■ Fanno Creek Park ■ Dirksen Nature Park (Under Construction) ■ Bonita Park ■ East Butte Heritage Park ■ Price Park ■ Englewood Park 14 ■ Tack Park • orthview Park ■ Senn Park Woodard Park ■ Commercial Park ■ Bull Mountain Park ■ Liberty Park • Main Street Park ■ Windmill Park • Potso Do Park ■ Ash Ave Dog Park ■ Jim Griffith Memorial Skate Park City stag involvement. City staff will be responsible for providing access to any locked City facilities.Itis expected that Consultant evaluators will be accompanied during the evaluations of secure facilities such as police and court services,but otherwise Consultant will not require accompaniment by a city staff person. Deliverables: Conduct ADA site evaluations. Tack 3.3:Prepare Facility Deports The Consultant will produce a report for each facility with a master list detailing each barrier identified within state and federal access regulations.The reports will include: • Barrier Identification Table: Lists specific barriers encountered during the evaluation process. Barriers will be organized by architectural element and located by reference number on the facility diagram. Consultant will include as-built dimensions and required dimension or condition,and code reference citations. ■ Conceptual Solution: Consultant will provide a conceptual solution to resolving the barrier in text format,and will recommend alternate solutions or equivalent facilitation when feasible. ■ Cost Estimate:We will provide a planning-level cost estimate for the removal of each barrier. ■ Barrier Priority: Barriers will be assigned a draft Barrier Priority which will be reviewed and confirmed by City Staff during the prioritization process (Task 3.4). ■ Reference Diagram:The report will include a reference diagram locating the barriers on a floor plan,site plan, or aerial photograph of the facility. Each barrier removal action, such as the replacement of a door knob with lever-type door hardware,is assigned a cost.These costs are based on RS Means cost data,Consultant's experience,and feedback from previous public agency clients. Costs represent a planning-level estimate based on the cost of construction that can be used to determine the cost for removing barriers at facilities. Consultant will provide the City with a PDF of the facility reports for review prior to Task 3.4. City S&ff Involvement.•Review of reports prior to Task 3.4. Deliverable:Facility reports in PDF format. Task 3.4:Facility Priority.Zation Work Session Consultant will assist City staff with prioritizing the list of buildings and parking facilities to develop a Transition Plan schedule for the removal of accessibility barriers.This Consultant facilitated meeting will assist City staff in determining appropriate responses to mitigating barriers,either through modification of the facilities,or by relocating programs, or by other programmatic solutions.The recommendations included in the Plan are not intended to be absolute or unconditional. It is expected that shifting program participation,funding,facility improvements,and other factors will influence the prioritization and scheduling of access improvements. 15 City Sta f'Involvement:Participation of key staff members in a prioritization workshop (2 hours). This meeting can be held on the same day as Tasks 4.5 and 5.1. Deliverables:Consultant will facilitate the meeting,provide an agenda and materials for the meeting. TASK 4: RIGHT-OF-WAY(ROW)EVALUATION Task 4.1:Conduct ROW Evaluation Strategy Session Consultant will conduct a ROW evaluation strategy session with City staff responsible for curb ramps and sidewalks.The strategy session will identify the areas of highest priority for pedestrian improvement based on the ADA Title II criteria and discuss specific prioritization criteria for the City of Tigard.We will identify the areas of highest priority for pedestrian improvement which will inform the timeframe for the removal of barriers.At this meeting,we will also discuss the process for evaluating the right-of-way which will inform Task 4.2. City Staff Involvement.•City Project Manager and key staff members will attend a 1-1/2 to 2-hour meeting with Consultant. Deliverable:The Consultant Team will facilitate the meeting and prepare materials for the meeting.This meeting can be held on the same day as Task 2.2. Task 4.2.Develop Procedures for IOW Evaluation In coordination with City staff, Consultant will prepare and customize the procedures needed to conduct the evaluation of the City's curb ramps and sidewalks.The evaluation procedures will be based on the 2010 ADA Standards and the 2011 Proposed Accessibility Guidelines for Pedestrian Facilities in the Right-of- Way.The ROW evaluation process will be scaled to be the most efficient with available City resources for completing the project. City staff invokement.The City will work with the Consultant team to develop the procedures for the ROW evaluation.Review and provide consolidated comments on draft evaluation procedures. Deliverable.After Task 4.1 the Consultant Team will produce a draft procedure for the right-of-way evaluations for City review and comment. Once Consultant has received all comments,Consultant will finalize the procedures before starting Task 4.3. Often City's include an evaluation of the pedestrian signals maintained by the City,if desired,these facilities can be included in the right-of-way evaluation. Task 4.3:Conduct IOW/Evaluations The Consultant Team will conduct evaluations of the facilities in the right-of-way. Barrier data will be collected using tablets and stored in a real-time cloud database for immediate review.When available, the Consultant.Team will build upon the City's existing GIS data. City stag involvement.•The City will be able to monitor the status of the evaluations using an online map link. Deliverable.The Consultant Team will conduct the evaluations within the right-of-way. Task 4.4:ROW Summary Report The results of the evaluation will be included in a summary report of the identified barriers which will identify whether right-of-way facilities meet ADA standards. Barrier data will be mapped and summarized to 16 easily show where and how many barriers exist within the public right-of-way. Consultant will also apply the prioritization criteria discussed in Task 4.1 to assist with the transition plan phasing schedule. Citststa,�involvement.The City will review the outcomes of the evaluations. Dediverabde:The Consultant Team will provide the City with a ROW Summary Report. Task 4.5:ROW Prioritization Work Session Consultant will meet with City staff in to review the results of the report and applied prioritization criteria. At this meeting,the timeline for mitigating barriers and strategies for funding barrier removal will be discussed for incorporation into the Transition Plan. This meeting can be held on the same day as Task 3.4. Q0 staf involvement.•City Project Manager and key staff members will attend a 1-1/2 to 2-hour meeting with Consultant.This meeting can be held on the same day as Tasks 3.4 and 5.1. Deliverables:Consultant will facilitate the meeting,provide an agenda and materials for the meeting. TASK 5: PREPARE THE ADA TRANSITION PLAN Task 5.1:ADA Focus Group 1'lileeting#2 At this meeting,Consultant will present the results of the facility and right-of-way evaluations,and collect feedback on the draft barrier removal priorities. City sta�f involvement.•This meeting can be held on the same day as Tasks 3.4 and 4.5. Deliverable:Consultant will facilitate the meeting and will collect information from Focus Group participants for inclusion in the barrier removal priorities. Consultant will provide a meeting summary. Task 5.2:ADA Implementation Data Upon the completion of Tasks 3.4,Consultant will finalize the barrier prioritizations and provide the City with a customized Excel spreadsheet containing all the information contained in the building and park facility evaluations,including the identified barriers,relevant codes,barrier categories,and planning level costs.The Excel data will be linked to the ADA barrier GIS data collected at each of the facilities. Upon the completion of Task 4.5,Consultant will provide the City with GIS data containing all the barrier information collected in the public right-of-way,including relevant codes and barrier priorities.The data provided is intended to be the living document for tracking and monitoring the implementation of the ADA Transition Plan. City sta,f involr ement.•Review and use the data provided for the development of the transition plan phasing schedule. Deliverable.GIS data for right-of-way barriers,and an Excel worksheet and GIS data of all barriers identified in Task 3.2. Task 5.3:Prepare the Draft ADA Self-Evaluation and Transition Plan Based on the policy and program evaluation,the facility evaluations,the prioritization and scheduling process, Consultant will prepare a Draft of the ADA Self-Evaluation and Transition Plan. Consultant will work with City Staff to prepare the schedule of barrier removals based on the facility prioritization process. The Draft plan will include: • ADA Self-Evaluation and Transition Plan requirements and process,including the methodology employed,prioritization and scheduling process 17 • Public outreach process ■ Transition Plan Phasing Schedule ■ Forms and procedure for filing an ADA Grievance or a Request for Accommodation ■ Program accessibility guidelines, standards and resources ■ Appendices Consultant will provide the Draft Plan in PDF format for review and comment by City staff prior to Task 5.4. Cit stanvolvement. Review the Draft Plan and provide comments for development of the public review draft. Task 5.4:ADA Focus Group Meeting#3 After City review and edit of the Draft Plan, Consultant will facilitate a third Focus Group meeting. At the meeting, the Draft Plan will be reviewed and the Consultant team will receive comments and direction on the Plan. Consultant will facilitate the meeting and collect information from the Focus Group for inclusion in the Public Review Draft Transition Plan. Deliverable:Consultant will provide the meeting agendas,graphic,and text materials for the meetings. Consultant will provide a meeting summary for posting on the City's website. Task 5.5:Public Review Draft of the Transition Plan After the second Focus Group Meeting, Consultant will provide the City a Public Review Draft of the ADA Transition Plan for public distribution and comment.The digital document will be formatted for use by screen readers. City sta, involvement.•The City will post the Public Review Draft to the website for comments. Hard copies and comment cards will be available at highly used public locations such as the Tigard City Hall,Library, and Senior Center. Deliverable:Consultant will provide a tagged PDF and Word document of the Plan for posting to the City's website and distribution at highly used public locations. Task 5.6:Prepare the Final ADA Self-Evaluation and Transition Plan After the receipt of the public comments,Consultant will coordinate with City staff on additional edits to the Draft Plan and prepare the Final ADA Transition Plan. Deliverable.Consultant will provide a final Word and PDF format of the plan for distribution. TASK 6:ADDITIONAL SERVICES Additional Services as Determined by the City' Pr jea Manager Through the course of the project,additional tasks may be identified that will enhance the development and implementation of the Plan.Additional services can include but are not limited to the following: • City stakeholder interviews • City staff ADA customer service training • City staff ADA inspection training • Revisions existing standards and specifications • Designing retrofits for site specific barrier mitigation solutions Development of trail classifications and applied ADA and/or ABA standards 18 air, a s a a A O '1, CD Mig A 9 a St st a It st Nt 4 5 5, a a at a R;6 E 2 A 91 It s a 5: 51 12:8 It:5: st R FS rL 1 ni ........... ..........