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Conservation Technix - C120047 City of Tigard 13125 SW Hall Blvd. " CONTRACT CHANGE ORDER/ Tigard,Oregon 97223 AMENDMENT SUMMARY FORM Phone (503)639-4171 TI G A R D Fax-(503)684-7297 www.tigard-or.gov Project Tide: Parks Acquisition&Improvement Project Manager: Steve Martin Program Management Services Contractor: Conservation Technix, Inc Original Contract#: C120047 Effective Dates: 7/1/2011-6/30/2015 Change Order/Amendment Amount: $ 0.00 Accounting String: Amendment Percentage Running Total: AMENDMENT DETAILS CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ I REASONING FOR CHANGE ORDER/AMENDMENT There are multiple budgeted Park projects starting and/or underway. Because PW and Engineering aren't staffed to keep all these budgeted projects moving forward,we would like to extend this contract to enable Conservation Technix to help manage some of the projects. There is no cost if we do not use their services. QUESTING PROJECT MANAGER APPROVIN ITY STAFF ignature v Signature Ad). 7 /// 8•7•2e14. Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for Signature the work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total Date of Amendments cannot exceed the project's FY budget. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT PARKS ACQUISITION AND IMPROVEMENT PROGRAM MANAGEMENT SERVICES AMENDMENT#1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City,and Conservation Technix,Inc,hereinafter referred to as Contractor, entered into on the 15`h day of June,2011,is hereby amended as follows: 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective July 1, 2011, along with signature of both Parties, and shall expire, unless otherwise terminated or extended,on June 30,201E 2015. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD CONSERVATIO TE ti IX,INC Signature Signatur- M ari't & [v l r) 5 Printed Name Printed Name r3.7.20c¢ gl�(�� Date Date ATTACHMENT C CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT PARKS ACQUISITION AND IMPROVEMENT PROGRAM MANAGEMENT SERVICES THIS AGREEMENT made and entered into this 15th day of June,2011 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Conservation Technix, Inc., hereinafter called Consultant. RECITALS WHREAS, the City's 2011-2012 Fiscal Year budget provides for program management services related to the acquisition and improvement of park lands;and WHEREAS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Consultant,and 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: 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, titled "Statement of Work" and by this reference made a part hereof. Any and all work assigned by the City will be contained in the statement of work as needed. 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective July 1, 2011, along with signature of both Parties, and shall expire,unless otherwise terminated or extended, on June 30,2014. The Parties may agree in writing to a mutual option to renew for one (1) additional year. The mutual option must be agreed upon before May 1,2014. The total term of the contract cannot exceed four (4) years. 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 is anticipated to not exceed Three Hundred Fifty Thousand and No/100 Dollars ($350,000) over the life of this Agreement if all tasks are completed. Any and all payments made to the Consultant shall be based upon the following applicable terms: 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. 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 1 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. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Funds for future fiscal years must be appropriated though the normal City budget process. If funds are not appropriated in a future fiscal year the contract will be terminated as provided in paragraph 12. 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 subcontractor 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. 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 2 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 670.700 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 certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. 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 warrants that all 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, agents and employees 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 and (at both trial and appeal level,whether or not a trial or appeal ever takes place) 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. 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. 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 3 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 all 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 and its subcontractor 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 (1996 ISO 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 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 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, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$1,000,000. 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$500,000 each accident. D. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the City deems necessary shall include the City, its officers, directors, and employees as additional insureds with respect to this contract. E. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 4 comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. F. Insurance Carrier Rating Coverages provided by the Consultant must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. 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 effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days 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. Consultant's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City of Tigard Attn: Joseph Barrett,Sr. Management Analyst 13125 SW Hall Blvd. Tigard,Oregon 97223 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: 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 5 CITY OF TIGARD _ CONSERVATION TECHNIX,INC. , Attn: Steve Martin,Parks &Facilities Mgr. Attn: Stephen Duh Address: 13125 SW Hall Blvd., Address: PO Box 12736 Tigard,Oregon 97223 Portland, Oregon 97212 Phone: 503-718-2583 Phone: 503-989-9345 Fax: 503-684-8840 Fax: 503-287-4389 Email Address: steve @tigard-or.gov Email Address: steve(a,conservationtechnix.corn 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. 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. 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 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 6 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 requited 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, 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 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 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 statues, rules, and regulations. Consultant also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, 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, Brian Rager, Asst. Public Works Director, 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 nor payment therefore shall relieve Consultant from liability under warranties contained in or implied by this Agreement. 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 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 8 and income tax withholding contained in ORS Chapter 279B, 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 must pay all contributions or amounts due from Consultant to the Industrial Accident Fund incurred in the performance of 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 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, 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 9 30. COMPLETE AGREEMENT This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Consultant, by the signature of its authorized representative,hereby acknowledges that he 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. Award of this contract was authorized by Tigard's Local Contract Review Board at their June 14,2011 meeting. CITY OF TI CONSERVAT •N T, . X,INC. By: Craig) osser, City Manager By: Aut ■rizeu Agent of Consultant 7 5— / G,,/, Date Date 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 10 EXHIBIT A STATEMENT OF WORK 2011 PSA—Parks Acquisition and Improvement Program Management Services INTRODUCTION This project entails program management, in partnership with City staff, for the successful completion of parkland acquisition and development projects supported by the recently approved public bond measure. The program manager will be responsible for coordinating, tracking and managing all activities of project team members during the 3-year program implementation period. Other major objectives for the program manager are to: • Ensure that all property acquisition are conducted in accordance with the City's real property purchasing policies,or federal requirements if appropriate. • Coordinate with all additional project team consultants for the successful and timely delivery of work products consistent with the City's mission and public involvement protocols. • Participate in the development of public information and a communication strategy. • Explore with staff the opportunities to leverage bond funds with SDCs, donations, partnership contributions and grants. • Coordinate with staff to provide periodic updates and progress reports to the Parks & Recreation Advisory Board and City Council. STATEMENT OF WORK Task 1 —Project Initiation 1.1. Hold a project kick-off meeting with City staff to refine the scope and milestones of the project. 1.2. Develop a detailed Program scope and schedule for known projects. Task 2—Project Management&Team Coordination Provide overall project management, coordination with the City and selected team consultants, monthly progress reports and invoicing. 2.1. Organize and schedule work activities for project staff.Prepare project instructions for consultants. 2.2. Review monthly expenditures,prepare invoices and submit project progress letters to the City. 2.3. Communicate frequently with contracted professionals and discuss critical path issues affecting projects. 2.4. Hold periodic project coordination meetings with City staff and core program team members to review and discuss work products,deliverables,critical path issues and implementation strategies. 2.5. Prepare periodic updates to City staff for presentation to the Parks &Recreation Advisory Board and City Council to highlight project milestones and deliverables. 2.6. PRAB meetings. Task 3—Public Information&Communications Services 3.1. Work with staff to identify the parameters of a communications plan and strategy in support of timely and appropriate program disclosure to the public; Consider the need for and selection of additional professional services to facilitate the development of such a strategy. 3.2. Organize and hold meetings to outline and detail the objectives and elements of a communications plan;Coordinate with staff for the internal vetting of the plan to senior city management. 3.3. Prepare and/or coordinate the preparation of public information about program milestones, project completion,annual report cards and other announcements;Work with staff and consultants to circulate announcements via existing media channels and the city website and to promote program successes and milestones to the public. 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 11 5.7. Construction Management: Coordinate with the construction manager regarding project completion timelines,potential delays and opportunities to minimize change orders. 5.8. Project Close-Out: Track project completion through punch list and close-out. Compile and review final project costs and track against overall program budget. Task 6—Program Reporting&Tracking 6.1. Develop, prepare, update and present program-wide and project-specific reports and tracking tools discussing budget, cost, schedule, milestones and efficacy throughout the duration of the bond program. Deliverables Program management deliverables will include the following: • Comprehensive program master schedule with milestone management • Program master budget,project-specific budgets and cost accounting • Revenue and expenditure tracking and forecasting • Progress reports to staff,PRAB and City Council • Content for public information releases (website,annual reports,media,etc) • Coordination meetings with staff,program team and consultants • Project-specific documentation,such as project charters,scoping reports,land use review applications • Program and project document management and control SCHEDULE Periodic program updates will be provided on a monthly basis. Specific schedules and milestones for acquisition and development projects will be prepared as appropriate per project. COST/RATE ESTIMATES Billable charges will be based on a time and materials method of compensation, with a total, 3-year program not-to-exceed value of$350,000 to provide detailed,effective and timely project management support. Staff rates and expense schedule shall be as follows: Staff 2011 Rate 2012 Rate 2013 Rate 2014 Rate Principal $125.00 $127.50 $130.00 $132.60 Associate $85.00 $86.70 $88.40 $90.15 Expense Item Cost Mileage $0.51 per mile 8.5 x11 b/w $0.10 per page 8.5 x 11 color $1.00 per page 11 x 17 b/w $0.20 per page 11 x 17 color $2.00 per page Color Plot 17 x 22 $5.00 per page Color Plot 24 x 36 $18.00 per page Facsimile $1.00 per page Direct Expense—including outside printing and reproduction,parking, Charges to be billed as postage,film and film processing incurred plus 10% 2011 PSA—Parks Acquisition and Improvement Program Management Services Page 13