Vigil - Agrimis ~ C120049 Contract Number aqvi 0i
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
SUMMER CREEK PARK MASTER PLAN
THIS AGREEMENT made and entered into this 16th day of January, 2012 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Vigil - Agrimis, Inc.,
hereinafter called Contractor.
RECITALS
WHEREAS, the City's 2011-2012 fiscal year budget provides for services related to the development of a
master plan for Summer Creek Park;and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the professional
services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE,the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor shall initiate services immediately upon receipt of City's notice to proceed together with an
executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A and
by this reference made a part hereof. Any and all work assigned by the City will be contained in
subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise
terminated or extended, on June 30, 2012. All work under this Agreement shall be completed prior to
the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor 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 Contractor by the City shall not exceed
Thirty Four Thousand Five Hundred Seventy Five and No/100 Dollars ($34,575.00) if all tasks are
completed. Any and all payments made to the Contractor shall be based upon the following applicable
terms:
A. Payment by City to Contractor for performance of services under this Agreement includes all
expenses incurred by Contractor, with the exception of expenses, if any identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor's invoice, subject to the approval
of the City Manager, or designee, and not more frequently than monthly. Payment shall be
made only for work actually completed as of the date of invoice.
C. Payment by City shall release City from any further obligation for payment to Contractor,
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. Contractor shallmake payments promptly, as due, to all persons supplying labor or materials
for the prosecution of this work.
E. Contractor 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. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor 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 Contractor. The payment of the claim in this manner shall not
relieve Contractor or their surety from obligation with respect to any unpaid claims.
H. Contractor 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. Contractor 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 Contractor or all sums which Contractor
agrees to pay for such services and all moneys and sums which Contractor collected or
deducted from the wages of employees pursuant to any law, contract or agreement for the
purpose of providing or paying for such service.
J. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Contractor
which result from this Agreement,including any computations,plans, correspondence or pertinent data
and information gathered by or computed by Contractor prior to termination of this Agreement by
Contractor or upon completion of the work pursuant to this Agreement.
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,
Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all persons
employed by them, and neither the approval by City of any subcontractor nor anything contained
herein shall be deemed to create any contractual relation between the subcontractor and City.
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6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall
be deemed to be an independent contractor 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 Contractor 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 Contractor under the terms of this Agreement, to the full
extent of any benefits or other remuneration Contractor 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
Contractor or to a third parry) as a result of said finding.
B. The undersigned Contractor 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 Contractor, 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, Contractor 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.
Contractor 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. Contractor certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
D. Contractor 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 Contractor as a material inducement to enter
into this Agreement. Contractor 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 contractor's work by City shall not operate
as a waiver or release.
Contractor 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
2012 PSA—Summer Creek Park Mater Plan Page 3
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.
8. INSURANCE
Contractor 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 Contractors activities or work hereunder, including the operations of its subcontractors of any
tier.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor'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
Contractor shall also obtain, at contractor'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 contractor,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. Contractors 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.
2012 PSA—Summer Creek Park Mater Plan Page 4
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. Insurance Carrier Rating
Coverages provided by the Contractor 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.
F. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor 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.
G. 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.
H. Primary Coverage Clarification
The parties agree that Contractor'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.
I. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A 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: Office of Risk Management
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 contractor's liability hereunder.
Notwithstanding said insurance, Contractor 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
2012 PSA—Summer Creek Park Mater Plan Page 5
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:
C1Ty of TiGARv ViGia.—A.GRIMIS,INC.
Attn: Steve Martin,Parks &Facilities Mgr. Attn: Maureen Raad
Address: 13125 SW Hall Blvd., Address: 819 SE Morrison Street, Suite 310
Tigard, Oregon 97223 Portland, Oregon 97214
Phone: (503) 718-2583 Phone: (503) 274-2010
Fax: (503) 684-7297 Fax: (503) 274-2024
Email Address: steve&f!gatd-gL.govraad@.vda-agdmis.com Address: mraadna vigil-agrimis 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.
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
Contractor that does not represent clients on matters contrary to City interests. Further, Contractor
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 Contractor 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, Contractor shall consult with the appropriate
City representative regarding the conflict
After such consultation, the Contractor 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 Contractor. If City terminates the contract pursuant to this paragraph,it
shall pay Contractor 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 Contractor, or at
such later date as may be established by City,under any of the following conditions:
2012 PSA—Sumner Creek Park Mater Plan Page 6
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 Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
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 ternunation.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Contractor 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 Contractor 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 Contractor 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), Contractor 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 Contractor 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 Contractor. 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 Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
2012 PSA—Summer Creek Park Mater Plan Page 7
15. FORCE MMJEURE
Neither City not Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil
unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided
that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification shall not be the
basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor 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
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor 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
Contractor 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 Contractor 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 Contractor thereafter shall be entitled to no compensation whatsoever for
the performance of such work.
20. WARRANTIES
All work shall be guaranteed by Contractor for a period of one year after the date of final acceptance of
the work by the owner. Contractor 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 Contractor 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.
2012 PSA—Summer Creek Park Mater Plan Page 8
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
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax withholding contained in ORS 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
Contractor 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.
Contractor 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 Contractor labor or
materials for the execution of the work provided by this order. Contractor must pay all contributions or
amounts due from Contractor to the Industrial Accident Fund incurred in the perforimance of this order.
Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of
City on account of any labor or material to be furnished. Contractor fiuther 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
2012 PSA—Summer Creek Park Mater Plan Page 9
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
Contractor 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 Contractor, of all sums which the Contractor agrees to pay for such
services and all moneys and sums which the Contractor collected or deducted from the wages of the
employees pursuant to any law, contractor agreement for the purpose of providing or paying for such
service.
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.
Contractor, 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 Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD VIGIL—AGRIMIs,INC.
P
By: Martha Wine, City Manager By: Authorized A of Contractor
I . 9-7- -9,0(,3L- /gt%n.. 20 i 2-
Date
Date Date
2012 PSA—Summer Creek Park Mater Plan Page 10
EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
Tigard Parks intends to develop a master plan for the 48 acre Summer Creek property adjacent to Fowler
Middle School between SW Tiedeman Avenue and Tigard Street. The proposed master plan will define
how the site will function as a community park and an environmental education resource for the city while
protecting important natural resource functions. This is the second largest park in the City and a key
confluence site in the Fanno Creek system, so the design must balance recreation demand with
conservation of habitat and other natural resource functions.
The existing developed facilities include the paved Fanno Creek Trail, an educational building used by the
Tualatin River Keepers, and a seven-acre sports field area used for baseball and soccer. Funding for the
purchase of the site and proposed improvements comes from the 2010 Tigard Parks Bond, Oregon
Watershed Enhancement Board (OWEB), Metro's Nature in Neighborhoods program, and from
Washington County and Clean Water Services.
A 35-acre conservation easement protects woodlands and wetlands at the center of the site, with an L-
shaped seven-acre exclusion for the existing sports field. A draft Natural Resources Management Plan was
prepared in January 2011to guide management of the conservation easement area. In particular the oak
savanna, bottomland hardwood forests, and wetlands there are among the priorities for the Oregon
Biodiversity Project.
The south and east edges of the property are defined by Summer Creek and Fanno Creek respectively.
Coho and winter steelhead inhabit Fanno Creek. The site includes associated riparian and floodplain
wetlands, slope wetlands (reportedly about 17 acres total wetlands including emergent, scrub-shrub, and
forested classes), and a diverse mix of mature forest communities (Ponderosa pine, oak woodland, and big-
leaf maple-red alder.) Quaking aspen and camas populations are also found on-site. The undeveloped
portion of the park is mapped as a Goal 5 Significant Habitat Area.
The site supports painted turtles, western pond turtles, northern red-legged frogs, deer, and a very large
population of native songbirds. Revegetation efforts have been ongoing through the science program at
Fowler Middle School over the last ten years. Armenian blackberry patches have recently been removed,
but English ivy and English hawthorn remain a threat on the site. Invasives control will be ongoing for
several years. There is active channel erosion along portions of Summer Creek and Fanno Creek, which
present challenges and opportunities.
SCOPE OF WORK
TASK 1-CONDUCT KICK-OFF MEETING
1.1- Conduct Kick-Off Meeting
Conduct Kick-Off Meeting with Tigard Parks to review project goals, existing documentation and critical
milestones. Confirm design assumptions and identify any data gaps or potential additional permit /
regulatory coordination and design needs.
Deliverable. Meeting at Tigard Parks.
TASK 2-PREPARE DETAILED SUMMARY OF TASKS AND SCHEDULE
2.1- Prepare Detailed Summary of Tasks and Schedule
2012 PSA—Summer Creek Park Mater Plan Page 11
Prepare detailed summary of tasks. Prepare Gantt chart for schedule.
Deliverable.. Task summary (Word).
Gantt chart (Excel).
TASK 3 CONDUCT SITE ANALYSIS AND ASSESSMENT
3.1- Review Previous Plans and Studies
Review previous plans and studies including:
• Draft Natural Resource and Management Plan—January 2011 o OWEB Grant Memo—May 2010
• Tigard LWI—September 1997
• Tigard Goal 5 Assessment
• TPL due diligence memos and figures.
3.2 Review Existing Upland and Hydrologic Conditions
Review existing upland and hydrologic conditions:
• Walk site after rain or during rain with 2009 TPL Habitat Map, 2011 wetland delineation map,
Tigard stormwater facilities inventory, and CWS sanitary sewer inventory to confirm existing
conditions and stormwater runoff characteristics.
• Review Summer Creek and Fanno Creek FEMA studies, FIRM maps, Watersheds 2000 floodplain
studies,wetland studies, and 1996 Flood photos to understand floodplain and wetland extents.
3.3 Review and Assess Existing Site Conditions
Prepare Site Analysis figures:
• Existing Conditions
• Opportunities and Constraints
3.4 Analyze Applicable Regulatory Constraints
Review regulatory considerations for the site including:
• Threatened and Endangered species per Endangered Species Act and NOAA and USFWS and
ODFW
• Jurisdictional wetlands according to Clean Water Act and USACE and Removal Fill Law and DSL
per NWI,Tigard LWI, and site wetland delineation reports
• Cultural Resources per SHPO
• Vegetated Corridors per CWS
• Sensitive Lands per Tigard
• Floodplains and Floodways per City of Tigard.
• Review Summer Creek and Fanno Creek FEMA studies, FIRM maps,Watersheds 2000 studies, and
1996 Flood photos to understand floodplain extents.
• Stormwater Facilities per CWS
• Public Improvement Design Standards per Tigard
2012 PSA—Sin imer Creek Park Mater Plan Page 12
Deliverables: Site Analysis figure(s) (up to two) including graphics and annotation describing Existing
Conditions and Opportunities and Constraints for development. Table of Regulatory
Constraints / Applicable Regulations. Table of Surveys / Studies that will need to be
completed to design and construct the project.
TASK 4-DEVELOP PUBLIC INVOLVEMENT PROGRAM WITH CITY STAFF
4.1 Develop Approach and Program
Develop an inclusive approach that reaches out to the key stakeholders and the public alike. Identify goals
and objectives of the project and of the public involvement for this project. Clarify level of effort that can
be spent on this portion of project:
• Identify key stakeholders
• Identify other potential stakeholders
• Develop involvement program with City staff in a collaborative manner.
4.2 Engage Key Stakeholders
• Contact and engage key stakeholders including:
✓ Tigard-Tualatin School District
✓ Neighborhood Association (Number 11)
✓ Tualatin River Keepers
✓ Fans of Fanno Creek
✓ Tualatin Watershed Council
✓ Clean Water Services
✓ Metro
✓ OWEB
✓ ODFW
• Convene a site walk and mini design Charrette with key stakeholders. Share site analysis, refine the
project's education and conservation goals and listen to stakeholder issues and concerns. Present
Project Goals and Site Analysis. Collect input on goals, any unmet needs, areas of concern, and
priorities for the park development. Follow up with any key stakeholders unable to attend meeting.
Provide meeting summary to be sent directly to the key stakeholders.
4.3 Conduct Two Public Meetings
Prepare for and conduct two public meetings that educate attendees on the recreation, education, and
conservation goals and shape of the park development; gather input on the project goals and park shape;
share draft master plan concepts and solicit feedback.
• Prepare for and run Meeting 1 to present the Project Goals, Site Analysis and development concepts
that were generated during Key Stakeholder Meetings in Task 4.2. Share history of project and
project goals. Collect input on goals, any unmet needs, areas of concern, and priorities for the park
development. Provide meeting summary for City to post to web site.
✓ Assumptions: City will use its resources to identify and send notices to neighbors within 500
feet, and post information on its web site. VAI will provide content for notices, press releases,
and web postings.
2012 PS2,—Summer Creek Park Mater Plan Page 13
• Prepare for and run Meeting 2 to present Final Conceptual Master Plan. Share summary of
comments from Meeting 1. Present revised concept and describe how it meets project goals \and
addresses comments received at Meeting 1. Provide meeting suimnary for City to post to web site.
✓ Assumptions: City will use its resources to identify and send notices to neighbors within 500
feet, and post information on its web site. VAI will provide content for notices, press releases,
and web postings.
4.4 Record and Document Community Input
Record comments on a flip chart at public meetings. Prepare meeting summaries.
4.5 Meet with Key Individuals as Necessary
Conduct up to three meetings with key individuals who may want to meet in addition to the stakeholder
meetings to express their interests for the project. We anticipate additional meetings may be needed with
representatives from each of the following:
✓ Tigard-Tualatin School District
✓ Tualatin River Keepers
✓ Fans of Fanno Creek
4.6 Provide Public Information Materials for Notices and Website
Provide content for meeting notices,press releases, and website postings.
Deliverables: Public Involvement Approach and Program outline, Public meeting agendas (2), Public
meeting summary notes (2), Key stakeholders meeting summary (1), Meeting notices (2),
press releases (2), and website postings (2).
TASK 5-PREPARE PRELIMINARY CONCEPTUAL MASTER PLAN
5.1 Prepare Graphic and Written Formats for Presentation
Develop materials to share with the key stakeholders and the public alike:
• Identify goals and objectives of project
• Prepare and present Site Analysis (existing conditions, opportunities and constraints)
• Prepare and present Draft Conceptual Master Plan with concept drawing, plan drawing, building
elevations, and miscellaneous draft details.
5.2 Hold Discussions with Public, PRAB, Staff, City Council
Hold discussions with public and PRAB, staff, and city council:
• Identify goals and objectives of project
• Prepare and present Site Analysis (existing conditions, opportunities and constraints)
• Prepare and present Draft Conceptual Master Plan with concept drawing, plan drawing, building
elevations, and miscellaneous draft details.
Deliverables: Project goals and objectives statement, Site Analysis figure(s) from Task 3, Draft Conceptual
2012 PSA—Summer Creek Park Mater Plan Page 14
Master Plan (2 copies),Agendas for PRAB/City Council meetings
TASK 6-PREPARE FINAL CONCEPTUAL MASTER PLAN
6.1 Prepare Detailed Site Plan for Presentation
Develop a detailed site plan that shows the location and size of the following elements:
• Proposed ballfield improvements and interpretive shelter
• Proposed restroom facilities
• Proposed educational building improvements (concept sketch/elevation) o Proposed natural play
area
• Proposed parking facilities and stormwater management facilities
• Proposed site furnishings (kiosks,benches,trash cans,wayfinding)
• Proposed educational and interpretive features
• Proposed Vegetated Corridor mitigation for non-trail facilities
• Proposed wetland mitigation (if needed)
• Proposed wetland restoration
• Proposed stream and floodplain restoration
• Proposed habitat features (aquatic species,reptile, amphibian, small mammal, or bird).
6.2 Analyze Trail Options and Mitigation
Develop trail system:
• Determine educational program goals that trails can be designed to address o Consider accessibility
needs for certain trails
• Proposed trail improvements (hard surface (paving and boardwalk) and soft surface (bark chip or
gravel)
• Proposed Vegetated Corridor mitigation for trail facilities
• Prepare and present Draft Conceptual Master Plan with concept drawing, plan drawing,
miscellaneous draft details.
6.3 Define Opportunities to Expand Public/Private Partnerships
Identify potential opportunities with mutual benefits and potential cost sharing:
• Examine potential to remove, relocate, or mitigate utility impacts to site/Summer Creek/Fanno
Creek
• Identify restoration/mitigation opportunities that partners could support
• Identify potential partners for developing and maintaining park infrastructure.
• Consider partnerships for educational programs-including public and private sources
• Consider partnerships for visitors-for example binocular rentals, or tea-coffee-snack-booklet sales.
• Consider potential building/storage needs for partners.
6.4 Identify and Enhance Environmental and Scenic Resources
• Identify and Enhance Environmental Resources including:
✓ Forested wetlands
2012 PSA-Sumner Creek Park Mater Plan Page 15
✓ Scrub-Shrub wetlands o Emergent wetlands
✓ Stream channels
✓ Riparian areas
✓ Oak woodlands and prairies o Ponderosa pine forests
✓ Big-leaf maple/western red cedar forests.
✓ Perform carbon sequester and pollution reduction analysis using USFS "i-tree"program
• Identify and Enhance Scenic Resources including:
✓ Viewsheds across the park o Views within the park
✓ Unique features within the park.
6.5 Develop Sustainable Mitigation for Development Impacts
Identify potential resource impacts and propose sustainable on-site and off-site mitigation:
• Proposed Vegetated Corridor mitigation for park facilities
• Potential wetland mitigation for park facilities
6.6 Identify Stormwater Mitigation
Identify stormwater impacts and propose site appropriate mitigation:
• Examine opportunity for site development to be impervious surface neutral
• Consider building and parking lot stormwater routing to recharge groundwater as a first choice
• Consider stormwater systems that enhance environmental education program.
• Identify hydrologic storage offsets in the event that proposed new impervious surfaces exceed
removed impervious surfaces or combine with site appropriate mitigating topographic and planting
modifications such as permeable pavement.
6.7 Develop Opportunities for Sustainable Design
Identify opportunities for sustainable design:
• Consider PV solar, heat pump, LED fixtures, and other means of lighting, heating and cooling
educational facilities
• Consider use of recycled materials for building, structures,paving,boardwalks and other site features
such as kiosks,benches,picnic tables, signage,wheel stops, etc.
• Consider rainwater harvesting for irrigation or toilet flushing needs
6.8 Identify Probable Environmental Mitigation and Permitting Requirements
Describe probable environmental mitigation and permitting requirements for impacts including:
• Wetlands,if any
• Vegetated Corridors
• Trees
• Sensitive Lands
2012 PSA—Summer Creek Park Mater Plan Page 16
6.9 Describe Implementation and Phasing Options
Describe options for implementation and phasing:
• Identify preferred phasing within Tigard funding
• Identify opportunities for phasing with potential grant funding
• Identify opportunities for phasing with partner cooperation
6.10 Prepare Preliminary Cost Estimates for Construction and Operations and Maintenance
Prepare cost estimates for:
• Construction costs for build out according to proposed phasing
• Operations and Maintenance
6.11 Incorporate Mitigation Requirements, Recommendations, Grant Requirements, and
Comments
Complete the Master Plan and fulfill commitments to regulatory programs, key stakeholders, funders, and
other stakeholders:
• Track commitments and document in brief memo.
6.12 Prepare Presentation Materials, Drawings, Reports, Etc.
Develop descriptive materials for presentation that include:
• Site Analysis materials
• Design Plans, Elevations,Preliminary Details
• Memos
• Cost Estimates
• Etc.
Deliverables: Final Master Plan including graphics and annotation describing Environmental and Scenic
Resources and Stormwater Mitigation,Public/Private Partnerships Table, Sustainable Design
Opportunities Table, Environmental Mitigation Table, Implementation and Phasing Table,
Construction Cost Estimate and O&M Cost Estimate (Excel), Mitigation and Grants
Requirements Table
TASK 7-PROVIDE PROJECT MANAGEMENT
7.1 Monitor for Budget, Quality and Schedule Goals; Invoice
Manage project for budget, quality, and schedule. Prepare monthly invoices.
Deliverables.• Monthly invoices
TASK 8-PRELIMINARY CULTURAL RESOURCES ASSESSMENT
AINW will collect data describing the site and coordinate with SHPO to determine if an Archeological
investigation will be required.
Deliverables.• Task 3 (Table: Survey Results)
2012 PSA—Summer Creek Park Mater Plan Page 17
SCHEDULE MILESTONES
Kickoff/Develop Public Involvement late January 2012
➢ Key Stakeholder Meeting/Site Analysis February 2012
Draft Conceptual Plan/Public Meeting 1 late-March 2012
➢ PRAB and City Council Meeting early April 2012
Final Conceptual Plan/ Public Meeting 2 late May 2012
Project Completion June 2012
EXCLUSIONS AND ASSUMPTIONS
The above preliminary budget estimate is for master planning approximately 48 acres and site development
of approximately eight acres. The following professional services are specifically excluded:
• Topographic survey
• Tree survey
• Archeological investigation
• Wetland delineation
• Wetland permitting with DSL and USACE
• Preparing Land Use submittal materials
• Preparing Bid Documents.
The following is assumed as services provided by City of Tigard:
• Georeferenced high-resolution air photo of the site
• Identification of Affected Neighbors,mailer reproduction and Postage for Mailing Meeting
Notifications for Neighbors
• Venues for Public Meetings will be selected and rented (as necessary)
COST/RATE ESTIMATES
See attached"Compensation Information& Fees."
2012 PSA—Summer Creek Park Mater Plan Page 18
COMPENSATION INFORMATION&FEES Tigard Parks,Fowler Park Master Plan
PIC Sr.Biologist PM/Proj RLA Env.Planner LAIT EIT Admin. Architect Architect
Paul Stisan Maureen John Susic Mauria Tina Arou Jim
Prepare Master Plan Per RFP
1 Conduct Kick-Off Meeting, 2 0 I 2 0 2 ( 0 0 2 0 8 $814.00
2 Prepare Detailed Summary of Tasks and Schedule - 0 0- 2 0 0 0 i _. 0 0- _2 _ ,--,.4 $345.00 _
3 Conduct Site Analysis and Assessment € i _
1. Review Previous Plans and Studies 0 0 2 2 8 _ 0 0 0 0 12 $945.00
..............
2. Rec ie�c_Exrstinp Upland-and Hydroloy c Conditions _..........................._.( 0 .. 0. 2 0 4 ...... ` ..... 0 0 ...... 0 0 ...... 6....... $477:00
i...
..
.._1....
3. Review and Assess Existing Site Conditions 2 _ _2_ 8 0_ _ _16_ _ I 8 i 0 2_ 4 i 42 I $3,626.00
_--- _
4. Anal•ze A livable Re lato Constraints 0 € `
0 2 2 0 0 0 0
0 4 381.00
I...........P..P.......................K?.........?Y.......... ......... .... . i $
... ......-.......................................................................
i $5 429.00
4 Develop Public Involvement Ptng�ram with City Staff _..._................................................i..... `
.. .... ..y.. ...............................................................
....... ........... -.. .. ............ .......... .............. ................. ................................................... ..........
_.....
1. De
veA r.oah 1 0 40 O0005 $534.00adPro rti........._.......................................................... ............ ......._._._.... .._......_.._.........m.....................--............................_..............................................--.......................................... ............................._....
2. Engage Key Stakeholders_1 meeting_ 0 _ 0 I 6 0 12 0 i 0 0 018 $1,431.00
3. Conduct Public Meetings-2 meet ngs �0. _ 0 6 0 8 0 0 0 0 14 $1,149.00
4. Record and Document Community Input _0 0 2 0 8 0 2 0 0 12 $873.00
5_ Meet with Key Individuals As Necessarl'._._....__..._.-_---_..............__._._...............---------._ ....._.._.--`.------.-_�--.-- 4 0 4 0 0 0 0 10 $960.00
... ......1........................... ................................................... .......
6.._Provide Public.Information.Marts for Notices and Website 0 Q--------.. _4- - 0 8 0 0 0 � 12 $954.00
... t.
- -
i. .... .L.. ..«... .......................... .....
$5,901.00
5 Pre are Prelimina Conce tual Master Plan
.........P..................................E3.................P.............................................................................................................................................................'.......... .....
1. Pre arc Gxa htc nd�C ntten Form t for Pr cent n
a s e. ano 1 0 8 2 20 0 2 2
P...................P......................................................................................................... 8 43 $-,424.00
2. Hold Discussions with the Public PRAB Staff Council Etc. 0
0 8 0 8 0 0 2 0 i 18 $1,534.00
' '
_............._........................A............................. ._..........._...._....... ........_......................
............................................................................_................................_.........-............................._..............................................- .................................. ..........
6 Prepare Final Conceptual Master Plan
- . .... ..�.... $4 958.00
1. Pre are Detailed Site Plan 1 2 4 2 16 0 i 0 4 8 37 $3,088.00
P........................................................................................................................:................................_.- .................................................................. ..........-....-..._.. .... ............................ ... .... .
r .. .. . . _r........................................................................................................................................._...........................
2. Analyze Alternative Trail O dons and lvfid tion 0 0 4 0 8 0 0 0 0 12 $954.00
3. Define O ortunities to Ex and Public/Private ate Parmershi s 1 0 2 0 0 0 0 0 0 3 $339.00
.................... ............._.PP.............................._._.P.............._......_._...._............_........_-...__..P........... ----------------- ... - ...._......._......_.....
4. Identify and Enhance Environmental and Scenic Resources 0 0 2 0 8 0 0 0 0 10 $759.00
......................................................................................................................_...................................................................................................................._...................................�......--------------------- ------- .
5. Develop Sustainable Mid don for Development Im acts 0 0 2 2 8 0 0 0 0 12 $945.00
6. Id tiltStormwater Miti don 0........................._.........R?..._.................................................................._..................................................;...................................'................._.........._....:........................................................................ ......_..................................................................`................................
7 Develo O ortunides for Sustainable Desi 0 0 2 0 4_ _ 0 0 0 4 10 $777.00
t1 t............_............................................................................................................ ........ .._...............-..........
8. Idend •ProbaUle Env.Mid don and Permittin Re uirements 0 0 2 2 8 0 0 0 0 12 _945.00
•r t
9. Describe Im lementation and Phasin O tions 2 0 2 0 4 0 0 0 4 12 $1,065.00
$ ,
10. Prepare Prelimin •Cost Estimates for Construction_and O&M0 { 0 F 2 0 4 2 0 0 4 � 12 $947.00
11. Inco orate Iv[it.Re . Recommendations Grant Re .,&Comments 0 0 2 2 4 0 0 0 I 0 8 $663.00
..................-.........-.rP............................_9,.............................................:.......................9.-.......-.........--........-............................................................ ...................................'.....................................................................................-.........._..................................................1.................................................................................................._........................................
12. Prepare Presentation Mads. Drawin Tables Etc. _ _ 2 - 0 2 2 4 0 2 0 4 16 $136500
_.... ..... -------------------------------- ........................... $12,834.00
-r-- ---= _...................... ...._.. ---.._._......._........_ ........__-............. ..........._.....-------- ----------------........
7 Project Mana ement ° - - - - --------- --i -
1.... g. ...... ............................._i............ ....... ......... ........ ...
1.Provide Project Man went 0..._ 4... 0............ ......................................... o...--... 2-........ ..........._Z._....... 0.......... 8............ $694.00......
8 Cultural Resources Assessment-AINW $3000.00
Labor Hours .... t4........ 4 .,...............92.........................._...1...
................ ..............170.............................16.............. .............g.............................14...........................38.............................372..............
...$33,975.00..
Subtotal: $33,975.00
Estimated Expenses $600.00
TOTAL FEES PER RFP: $34,575.00
Billing Rates $144.00 $130.00 $97.50 $93.00 $70.50 $85.00 $57.00 $95.00 $75.00
Billable Labor Cost $2,016.00 $520.00 $8,970.00 $1,488.00 $11,985.00 $1,360.00 $456.00 $1,330.00 $2,850.00
Vigil-Agrimis,lnc.
January 10,2012