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Metro ~ IG203001 ~ River Terrace Urban Reserve Planning Contract No.936312 2040 PLANNING AND DEVELOPMENT GRANT ADDENDUM #1 TO INTERGOVERNMENTAL AGREEMENT Metro—City of Tigard River Terrace Urban Reserve Planning This is an addendum to the 2040 Planning and Development Grant Intergovernmental Agreement between Metro,and City of Tigard, referred to herein as the"Parties"or each,individually as a"Party". RECITALS WHEREAS,the COVID-19 pandemic has created a public health crisis requiring social distancing and limiting community gatherings in the immediate future and for an unknown period of time; and WHEREAS,it is important for Grant Project work to continue to the fullest extent practical while adhering to public health guidelines,in order continue to support equitable community engagement in planning and development projects and public decision-making processes; and WHEREAS, Grant projects underway will need additional resources to overcome the challenges posed by the COVID-19 pandemic; and WHEREAS equitable engagement approaches should be implemented with special consideration of the region's historically marginalized communities who have been disproportionately impacted by the pandemic and the resulting economic downturn; and WHERAS,the Metro Chief Operating Officer has approved additional funds to provide increased financial support to 2040 Planning and Development grantee. AGREEMENT NOW THEREFORE,the Parties hereto agree as follows: 1. Additional Metro Grant Award. Metro shall provide $10,000 of additional Grant Funds to Grantee for the Project subject to the terms and conditions negotiated by the Parties and set forth in an updated version of Exhibit C. 2. Use of Grant Funds.Additional grant funds will enable grantees to cover unanticipated engagement expenses such as,but not limited to: • staff time for consultants or community partner organizations to develop revised public engagement strategies appropriate to the new realities of social distancing • participation incentives,stipends, or compensation as appropriate to support the involvement of members of historically marginalized communities in advisory committees,focus groups, relationship-building efforts and decision-making processes • additional staff time for community-based liaisons to facilitate outreach and connections with community members through methods in alignment with public health directives • direct costs for public engagement,including items such as mailings,telephone surveys or wifi hotspots,to bridge the digital divide with community members who may not have internet access 2040 PLANNING& DEVELOPMENT GRANT IGA,ADDENDUM#1 — Metro&City of Tigard Page 1 Contract No.936312 METRO CITY OF TIGARD By: By: Lisa Miles Steve Rymer 2040 Grant Program Manager City Manager Date: Date: 10/12/21 2040 PLANNING& DEVELOPMENT GRANT IGA,ADDENDUM#1 — Metro&City of Tigard Page 2 METRO CONTRACT 936312 - EXHIBIT C (AMENDED 09/29/2020, 10/22/2020) River Terrace Urban Reserve Planning Project Milestones, Deliverables, and Disbursement of Grant Funds Project milestone andspecified grant deliverables Date due* Progress payment 1 Execution of grant IGA a) Preparation of project documents and negotiations March 31, 2020 b) Signed IGA document 2 Project consultants and contract scoping a) Determine RFQ reviewers who will select consultant May 31, 2020 b) Select consultant team and submit draft contract,scope, schedule and budget for review 3 Finalize Consultant Contract and IGA Milestones June 30, 2020 a) Establish revised milestones and deliverables b) Finalize and execute consultant contract 4 Project kickoff and coordination July 31, 2020 Consultants: $12,500 a) Kickoff and project management meeting b) Project management plan c) Community engagement plan 5 Preliminary special studies Sept. 30, Consultants: $80,000 a) Preliminary transportation analysis Oct. 31, 2020 b) Preliminary environmental analysis c) Preliminary utility needs analysis d) Preliminary commercial market analysis e) Community engagement and project management 6 Preliminary alternative land use plans Nov. 30, 2020 Consultants: $40,000 a) Three concept alternatives River Terrace South b) Three concept alternatives River Terrace West c) Community engagement and project management Metro Contract 936312 2040 PLANNING AND DEVELOPMENT GRANT IGA—METRO&CITY OF TIGARD Page 1 Exhibit C Continued 7 Final preferred land use plans Jan. 31, 2021 Consultants: $40,000 a) Final preferred alternative River Terrace South $50,000 b) Final preferred alternative River Terrace West c) Community engagement and project management d) Verde recruitment, support,focus groups e) Public outreach videos and open house support 8 Final special studies Feb. 28, 2021 Consultants: $80,000 a) Final transportation analysis b) Final environmental analysis c) Final utility needs analysis d) Final commercial market analysis e) Final funding strategy f) Community engagement and project management 9 Concept plan summary report March 31, 2021 Consultants: $17,500 a) Draft summary report b) Final summary report c) Community engagement and project management 10 City Council plan adoption May 30, 2021 Consultants: $ 30,000 a) Project briefings b) Project management c) Planning Commission hearing d) City Council hearing and adoption e) Project financial statement report GRANT PROJECT COMPLETION Total Grant Funding • All grant project deliverables submitted by grantee and approved by Metro Consultants: $300,000 • All required fiscal documentation submitted or retained on file as appropriate $310,000 • Final reporting on grant performance measures submitted and approved by Metro TOTAL: $300,000 $310,000 Contract No. 936312 2040 PLANNING AND DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 2 Exhibit C Continued NOTE: Due dates are intended by the parties to be hard estimates of expected milestone completion dates.If the City anticipates that a due date cannot be met due to circumstances beyond its control,it shall inform Metro in writing no later than ten(10) days prior to the due date set forth above and provide a revised estimated due date.Metro and the City shall mutually agree upon revisions to the milestone due dates set forth in this agreement. Contract No.936312 2040 PLANNING AND DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 3 Contract No.936312 2040 PLANNING AND DEVELOPMENT GRANT INTERGOVERNMENTAL AGREEMENT Metro—City of Tigard River Terrace Urban Reserve Planning This 2040 Planning and Development Grant Intergovernmental Agreement(this"Agreement")is entered into by and between Metro,a metropolitan service district organized under the laws of the state of Oregon and the Metro Charter,located at 600 Northeast Grand Avenue,Portland OR,97232 ("Metro"), and the City of Tigard,an Oregon municipal corporation,located at 13125 SW Hall Boulevard,Tigard, Oregon,97223 (the"City"). Metro and the City maybe jointly referred to herein as the"Parties"or each, individually as a"Party". RECITALS WHEREAS,Metro has established a Construction Excise Tax("CET"),Metro Code Chapter 7.04, which imposes an excise tax throughout the Metro regional jurisdiction to fund regional and local planning that is required to make land ready for development after inclusion in the Urban Growth Boundary;and WHEREAS,the CET is collected by local jurisdictions when issuing building permits,and is remitted to Metro pursuant to Intergovernmental Agreements to Collect and Remit Tax entered into separately between Metro and the local collecting jurisdictions;and WHEREAS,the City has submitted a 2040 Planning and Development Grant Request attached hereto as Exhibit A and incorporated herein (the"Grant Request")for the River Terrace Urban Reserve Planning (the"Project");and WHEREAS,Metro has agreed to provide 2040 Planning and Development Grant Funds to the City for the Project in the amount of$300,000 subject to the terms and conditions set forth herein (the"Grant Funds"),and the Parties wish to set forth the timing,procedures and conditions for receiving the Grant Funds from existing CET funds for the Project. In addition to the Grant Funds,$83,515 in matching funds from the City and other local and regional economic development partners are available and will be used to fund the Project budget AGREEMENT NOW THEREFORE,the Parties hereto agree as follows: 1. Metro Grant Award. Metro shall provide the Grant Funds to the City for the Project as approved by the Metro Council in Resolution 19-5002 and as described in the Grant Request,subject to the terms and conditions specified in this Agreement. 2. Project Management and Coordination. The Parties have appointed the staff identified below to act as their respective project managers (each a"Project Manager"and collectively"Project Managers")with the authority and responsibility described in this Agreement: For the City: Schuyler Warren Senior Planner City of Tigard 13125 SW Hall Blvd Tigard,OR 97223 2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 1 Contract No.936312 503-718-2454 schuylerw@tigard-or.gov For Metro: Tim O'Brien Principal Planner Metro 600 NE Grand Avenue Portland,OR 97232 503-797-1840 tim.o'brien@oregonmetro.gov Metro and the City may each designate an additional or replacement Project Manager by providing written notice to the other party. 3. Mutual Obligations of both the CitaE and Metro. The Parties and their respective Project Managers will collaborate to oversee the successful implementation of the Project as follows: (a) Selection of Consultants.The Project Managers will work together to identify consultants best qualified to perform the scope of work described in the Consultant Contract,attached hereto as Exhibit B.The Project Managers and any additional reviewers selected by the Parties will jointly review proposals from consultants and select a mutually agreeable consultant team to perform the work required to successfully complete the Project. (b) Schedule of Milestones.The Parties have agreed to a preliminary schedule of milestones for completion of the Project,which is attached hereto as Exhibit C (the"Milestones").After the Project Managers have selected a consultant team as described in subsection 3(a),the Parties each expressly delegate authority to their respective Project Managers to prepare a revised schedule of Milestones that will provide more detailed performance timelines for the Project,including specific consultant and/or City deliverables for each Milestone,and establishing the amount of Grant Funds to be disbursed by Metro upon satisfactory completion of each Milestone.The Parties agree that once the Milestones are supplemented and revised by the Project Managers in accordance with this subsection,Exhibit C shall be automatically amended and the revised Milestones will become final and binding on the Parties unless and until later amended as allowed under paragraph 10 of this Agreement. (c) Project Committee(s). The Project Managers will jointly determine the role of the Project steering/technical/advisory committee(s),if any,and the composition of such committees or other bodies. Metro's Project Manager will participate as a member of any such committee. 4. City Responsibilities. The City shall perform the work on the Project described in the Grant Request, and as specified in the Milestones,subject to the terms and conditions specified in this Agreement. (a) Use of Grant Funds. The City shall use the Grant Funds it receives under this Agreement only for the purposes specified in the Grant Request and to achieve the Milestones as set forth in this Agreement. In the event that unforeseen conditions require adjustments to the Project scope, approach,or schedule,the City shall obtain Metro's prior written approval before implementing any revisions to the Project. (b) Consultant Contract(s). After the Project Managers have selected the consultant team and completed a revision of the Milestones as described above in section 3,the City shall enter into a 2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 2 Contract No.936312 contract(s)with the selected consultant team to complete the work as described in the Milestones as revised ("Consultant Contract"). The contract(s) entered into by the City shall reference this agreement and reflect the Scope of Work and the Milestones,as revised. (c) Submittal of Grant Deliverables.Within 30 days after completing each of the Milestones,the City shall submit to Metro all required deliverables for such Milestone,accompanied by an invoice describing in detail its expenditures as needed to satisfy fiscal requirements.Deliverables must be submitted to Metro as outlined in the Milestones,as revised;the City shall not submit additional deliverables and invoices to Metro for later Milestones until Metro has reviewed and approved all prior deliverables under paragraph 5 of this Agreement. (d) Matching Contribution. The City commits to a matching contribution of up to$83,515 (the"City Match"). The City Match is a reimbursement of actual costs incurred under the applicable Consultant Contract or as a direct expense for the deliverables identified in the Milestones as requiring City Match. The City Match will be paid directly to the applicable vendor or the consultant team pursuant to the terms of the Consultant Contract. 5. Metro Responsibilities.Metro's funding commitment set forth in this Agreement shall be fulfilled solely through CET funds; no other funds or revenues of Metro shall be used to satisfy or pay any CET grant commitments.Metro shall facilitate successful implementation of the Project and administration of Grant Funds as follows: (a) Advisory Role. The Metro Project Manager shall take an active role as part of the Project advisory team and at the request of the City Project Manager will review and comment on draft project documents to communicate any concerns prior to the formal submission of the deliverables for each Milestone. (b) Review and Approval of Grant Deliverables.Within 15 days after receiving the City submittal of deliverables as set forth in the Milestones (as revised),Metro's Project Manager shall review the deliverables and either approve the submittal,or reply with comments and/or requests for further documentation or revisions that may be necessary.The Metro Project Manager shall determine whether the deliverables submitted are satisfactory in meeting the Scope of Work and the applicable Milestones. (c) Payment Procedures.Subject to the terms and conditions in this Agreement,Metro shall reimburse the City for its eligible expenditures for the applicable deliverable as set forth in Revised Exhibit C within 30 days following the Metro Project Manager's approval of deliverables, invoices and supporting documents. 6. Project Records. The City shall maintain all records and documentation relating to the expenditure of Grant Funds disbursed by Metro under this Agreement,as well as records and documentation relating to the financial match being provided by the City for the Project Records and documents described in this section shall be retained by the City for three years from the date of completion of the Project,expiration of the Agreement or as otherwise required under applicable law,whichever is later. The City shall provide Metro with such information and documentation as Metro requires for implementation of the grant process. The City shall establish and maintain books,records,documents,and other evidence in accordance with generally accepted accounting principles,in sufficient detail to permit Metro or its auditor to verify how the Grant Funds were expended,including records demonstrating how City matching funds were expended. 7. Audits,Inspections and Retention of Records. Metro,together with its auditors and representatives,shall have reasonable access to and the right to examine,all City records with respect to all matters covered by this 2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 3 Contract No.936312 Agreement during normal business hours upon three business days'prior written notice to the City. The representatives shall be permitted to audit,examine,and make excerpts or transcripts from such records, and to make audits of all contracts,invoices,materials,payrolls and other matters covered by this Agreement. All documents,papers,time sheets,accounting records,and other materials pertaining to costs incurred in connection with the Project shall be retained by the City and all of their contractors for three years from the date of completion of the Project,or expiration of the Agreement,whichever is later,to facilitate any audits or inspection. 8. Term. Unless otherwise terminated under paragraph 9,this Agreement shall be effective on the last date it is executed by the parties below,and shall be in effect until all Milestones and deliverables have been completed,all required documentation has been delivered,and all payments have been made as set forth in the Milestones,as revised. 9. Termination.Metro may terminate this Agreement and cancel any remaining Grant Fund payments upon a finding by the Metro Chief Operating Officer that the City has abandoned its work on the Project or is otherwise not satisfying its obligations under this Agreement regarding the requirements of the grant. 10. Amendment.This Agreement may be amended only by mutual written agreement of the Parties. 11. Other Agreements.This Agreement does not affect or alter any other agreements between Metro and the City. 12. Waiver. The Parties hereby waive and release one another for and from any and all claims,liabilities, or damages of any kind relating to this Agreement or the Grant Funds. 13. Authoritv. City and Metro each warrant and represent that each has the full power and authority to enter into and perform this Agreement in accordance with its terms;that all requisite action has been taken by the City and Metro to authorize the execution of this Agreement;and that the persons signing this Agreement have full power and authority to sign for the City and Metro,respectively. 14. Counterparts. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original and together shall constitute a single document. Electronic signatures,as well as copies of signatures sent by facsimile or electronic transmission,shall be deemed original signatures for all purposes and shall be binding on the Parties. [Signature Page Follows] 2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 4 Contract No.936312 METRO THE CITY OF TIGARD By: By: Andrew Scott Marty Wine Interim Chief Operating Officer City Manager Date: Date: 3 ' 7 ` U Approved as to Form: APPROVED FOR LEGAL SUFFICIENCY FOR THE City: Carrie MacLaren By: —K� Metro Attorney Shelby Rihala City Attorney Date: Attachments: Exhibit A-Grant Request Exhibit B-Request for Proposals Exhibit C-Schedule of Milestones 2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 5 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 Contract No.936312 METRO THE CITY OF TIGARD DocuSigned by: El.cW'ISSa i+��l.a.�� �� G�•Ye� By: By: Marissa Madrigal Marty Wine Chief Operating Officer City Manager April 27, 2020 Date: Date: 4-20-20 Approved as to Form: Lt- Signed by: APPROVED FOR LEGAL SUFFICIENCY FOR THE City: By: �. Carrie MacLaren By: Metro Attorney Shelbyf8hala April 27, 2020 City Attorney Date: Attachments: Exhibit A-Grant Request Exhibit B-Request for Proposals Exhibit C-Schedule of Milestones 2040 PLANNING& DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 5 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 METRO CONTRACT 936312 - EXHIBIT A Project Narrative: Tigard River Terrace Urban Reserve Planning Funds requested: $300,000 Matching funds: $83,515 In the space allotted after each question, use text styles, bullet lists,tables or other formatting as desired or appropriate to improve the clarity and legibility of your application. Please use 11 point black text and be succinct with your responses; is not necessary to use all of the space allowed. Clear development outcomes 1. Describe the proposed project and the specific goals to facilitate development in your community.Who are the project partners(if any) and why is this a priority?(Limit your response to page 1.) This project will produce Title 11-compliant concept plans for the South and West River Terrace Urban Reserve Areas (URAs)to facilitate inclusion of the URAs into the urban growth boundary. Planning for these areas is a priority because they are bordered by land that has already been developed and/or will be intensively planned over the next several years by Tigard, Beaverton, King City and Washington County. Ongoing and near-term planning studies being conducted by neighboring agencies will further define the location and orientation of land uses and infrastructure on adjacent properties. It is important that the City of Tigard proactively plans for its URAs to ensure that the priorities of Tigard residents are adequately considered in the land use plans and public infrastructure connections that will ultimately link the City with these neighboring areas. Specifically,Washington County is embarking on a planning study that will refine the location of regional arterials to help facilitate long-term connectivity and mobility on the west side of the metropolitan region. One critical link within this network is the expected extension of Tile Flat Road through the West River Terrace URA to Bull Mountain Road. Washington County will engage in an effort to refine the location, right-of-way needs, and land use impacts associated with the location of this facility. It is important for the City of Tigard to have at least a conceptual plan for this area to help guide the planned alignment of this facility to the City's preferred location. Furthermore,the South River Terrace URA is generally located on the south slope of Bull Mountain where stormwater flows through a series of drainages southward through King City's UGB expansion area and, ultimately,to the Tualatin River. It is expected that King City will be initiating community planning in late 2019 for its approved UGB expansion area and that this planning effort will look at stormwater drainage strategies that may focus on stream resilience through the South River Terrace URA. Natural resources planning conducted with the South River Terrace URA will help better inform the City for these discussions and help ensure the best regional strategy and environmental outcome for these resources. The City is working with their private sector partners to come to agreement about the scope and costs of the planning process. The intention is to form a public-private partnership. The city will direct and manage the planning process and the private sector partners will provide funding to pay for city staff time and other assistance as needed. 1 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 2. What are the major project elements,the deliverables you envision,and the outcomes you seek to achieve? Provide a bulleted list outline of the components or phases of work,the scope of work for each,the key deliverables to be produced and the general timeframe to complete the project. (Limit yourresponse to page 2.) It is expected that the concept plan process will require approximately eight months to complete and will include the following tasks and deliverables.The outcome of this project will be City adoption of a concept plan for the South and West River Terrace URAs to ensure compatable land use and infrastructure plans with neighboring planning efforts and to ultimately facilitate the inclusion of these areas into the Metro UGB. Concept planning for these areas will help to ensure coordinated transportation and utility systems, enhanced natural resource areas, and new residential neighborhoods that contribute a variety of housing choices. Task 1: Project Initiation and Coordination Deliverables: • Preparation and attendance at 16 project team meetings • Project schedule, preparation and regular updates Task 2:Agency/Service Provider Engagement Deliverables: • Preparation and attendance at 6 agency and service provider meetings • Agency meeting minutes Task 3: Preliminary Land Use Plan—South Deliverables: • Existing Conditions Plan • Two Draft Master Plan Alternatives • Final Master Plan Alternative Task 4: Preliminary Land Use Plan—West Deliverables: • Existing Conditions Plan • Three Draft Master Plan Alternatives • Final Master Plan Alternative Task 5:Special Studies—South and West Deliverables: • Traffic impact analysis, internal street alignments& roadway classifications • Environmental analysis, preliminary resource mapping • Preliminary utility master plans (water, sewer,stormwater) • Housing needs and market analysis • Transportation and infrastructure finance analysis Task 6:Concept Plan Summary Report Deliverables: • Draft Concept Plan Summary Report • Final Concept Plan Summary Report Task 7: Plan Adoption Process Deliverables • One workshop with the City Planning Commission • One public hearing with Planning Commission for their recommendation to City Council • City Council adoption hearing • Two meetings with Metro planning staff Task 8: Public Involvement Deliverables • Three technical advisory committee meetings • Two community advisory committee meetings • Two public open house meetings • City project website 2 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 3. Review the Performance Measures Guidelines on page 41 of the Application Handbook. Identify below 3-5 performance measures you will use to evaluate the project's success. (Limit your response to the top half of page 3.) 1. Developer and property owner engagement 2. Site opportunities and constraints 3. Urban reserves planning 4. Infrastructure to support development S. Community consensus Advances and complements regional goals and policies 4. How will this project facilitate development while advancing established regional planning and development goals? Describe how the project will help to implement the 2040 Growth Concept, its alignment with the Urban Growth Management Functional Plan, and the Six Desired Outcomes stated in the Regional Framework Plan. (Limit your response to the bottom half of page 3.) ■ Concept planning will optimize functional and physical relationships with neighboring plan areas, including King City's UGB expansion area, to ensure that neighborhood retail, parks and open space, educational and other amenities are well coordinated and supportive of on-going planning efforts in these adjacent jurisdictions. ■ Concept planning will evaluate the market viability of employment and non-residential uses to advance the city's economic development objectives and the goals of creating spaces where residents can work, live and play. ■ The transportation analysis will evaluate the necessary transportation network and required improvements to support the land use plan for this area.This study will also include an evaluation of multi- modal improvements and how bike and pedestrian ways can be best integrated with King City and other neighboring areas. ■ Concept planning will include a natural resources assessment that will identify important natural resources to be preserved. ■ The concept plan will identify opportunities for stream enhancement and resilience as a means of stormwater management;these improvements will be coordinated with King City in locations that are downstream of the Bull Mountain area.The plan will identify parks and open space needs to meet the City's level of service requirements and to ensure that residents in the community have access to clean air, water and healthy ecosystems. ■ The housing market analysis conducted with this project will explore innovative housing strategies and evaluate demand for a variety of densities and attached housing product types. Housing strategies may include the use of accessory dwelling units (ADUs), pre-fabricated housing products, permanent affordable housing and other means of encouraging the availability of housing for residents of all income levels. 3 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 5. How will the project help to advance racial equity in the metro region?(Limit your response to the top half of page 4.) The City of Tigard is keenly focused on ensuring diversity, equity and inclusion (DEI) throughout the city and through its operations.The City has recently released a report on its progress towards its DEI goals.That report can be found at http://www.tigard-or.gov/dei/and explains the multi-pronged efforts by the city to encourage diversity, equity and inclusion. Key objectives of the DEI efforts are: building a diverse workforce, establishing a DEI communication plan, and ensuring inclusive and equitable public processes.These objectives will guide the River Terrace planning effort.Tigard will engage in public outreach that will encourage participation from all members of the community and from all racial and socioeconomic backgrounds.The City has a history of executing inclusive community outreach programs and won a 2014 National Planning Excellence award from the American Planning Association for its Urban Forestry Code Revisions project.The City will maintain a project specific website and currently provides in-house and on-call language interpretation/translation for up to 300 languages. Aligns with local goals/maximizes community assets 6. Describe why you propose to take on this particular project at this time. How does the project relate to previous actions, goals, policies or strategies already identified or implemented by your jurisdiction/organization or other project partners? (Limit your response to the bottom half of page 4.) The areas surrounding the West and South River Terrace URAs are rapidly developing, and neighboring jurisdictions are actively advancing additional planning efforts. By taking a proactive approach to establish its preferred land use, infrastructure and transportation frameworks for these areas,Tigard can help ensure that the regional plans best incorporate the priorities of Tigard residents and stakeholders.The West and South River Terrace areas are logical extensions of the existing River Terrace neighborhood that is developing to the north/east of these URAs. Planning these areas now supports city goals and policies in the following ways: ■ Opportunities for a variety of housing types that are thoughtfully planned and attractive can be identified. This will support and enhance the quality of life in Tigard and attract businesses that seek greater availability of high-quality housing for its workers. Housing density within the URAs could range from anywhere between 8-24 units per acre and provide for a variety of price points to promote housing affordability in the City. ■ Through concept planning, natural resource areas will be identified for preservation, and multi-modal transportation opportunities will be identified.This could include important community opportunities, such as encouraging regional stormwater management approaches or enhancing safe and convenient access to the new Art Rutkin Elementary School, planned immediately north of the South River Terrace U RA. ■ Concept planning will help define the infrastructure burdens that must be met before the URAs can develop, and the City will incorporate infrastructure and economic analysis to establish benchmarks and assurances to ensure that additions are financially sustainable and measured. ■ Timing of this project is important as it will allow Tigard to cooperatively work with King City on its plans for future local road intersections along Beef Bend Road and to work together on road, stormwater and utility infrastructure connections that will provide the greatest regional benefit. 4 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 7. How would the project leverage aspects of the existing community fabric such as key development sites or urban form? How would it complement existing assets,facilities,or amenities such as historic districts, employment centers, natural features, parks or transit?(Limit your response to the top half of page 5.) �he River Terrace Area Projects map provided with this application shows how concept planning for the West and South River Terrace areas will leverage and complement recent and planned infrastructure and development projects in the region. Planning the South and West River Terrace URAs presents an opportunity to connect with, support, and gain efficiencies from existing projects including South Cooper Mountain,the Willamette Water Supply project and widening of Roy Rogers Road. ■ The fact that the South River Terrace URA is currently outside the UGB has created serviceability challenges for the southern portion of River Terrace that is inside the UGB. Transportation, sanitary,water and stormwater solutions will all become possible with planning and eventual inclusion of South River Terrace URA in the UGB. ■ Development in these URAs will provide logical extensions of existing and planned development in the already-established River Terrace neighborhood. Numerous projects have been completed in River Terrace, including multiple residential subdivisions. Several more projects are currently being planned or are under construction, including a residential subdivision, a senior living development, and the Art Rutkin Elementary School. ■ As part of the new school project, River Terrace Boulevard will be extended south to ultimately connect through the South River Terrace URA to the planned realignment of Beef Bend Road.The planned extension of Tile Flat Road is anticipated to travel through the West River Terrace URA to connect the South Cooper Mountain community with River Terrace and Roy Rogers Road. ■ The City of Tigard has plans for a large park on land located directly west of the South River Terrace URA. Team roles and capacity 8. Describe the skills and experience of the lead staff person who will manage all aspects of the grant project and oversee the project team's collaboration and consultant work. (Limit your response to the bottom half of page 5.) This project will be led by the City of Tigard's Assistant Community Development Director,Tom McGuire. Mr. McGuire has managed many large and complex grant-funded projects in his 30-year planning career. He has successfully directed interdepartmental and interdisciplinary teams and has extensive experience working with many of the local planning, engineering, and financial consulting firms with the necessary skills to complete this project. Mr. McGuire's most recent experience includes senior management for the 500-acre River Terrace Community Plan in Tigard (which included five related infrastructure master plans and a finance strategy); the Tigard Triangle Lean Code and Rezone; and the TGM-grant funded Tigard Triangle Strategic Plan. 5 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 9. Complete the table below to clearly describe the roles and responsibilities of the applicant and each of the key project partners to accomplish the goals of the project.Also include consultant expertise needed. (Add or adjust rows as needed but please limit table to page 6.) Jurisdiction or partner (include Project role and responsibilities lead staff names) City of Tigard Oversee consultant work throughout the concept planning Tom McGuire, Community process. Lead and facilitate partner agency discussions. Facilitate Development City departmental reviews of work products. Lead the preparation and presentation of staff reports for adoption hearings. Metropolitan Land Group (MLG) Provide cash match to fund City FTE and other direct project costs Jamie Morgan-Stasny, Director of per agreement with City. Work with property owners and conduct Long Range Planning& other public advocacy work to support the concept planning Community Development process. Consultant Team Consultant team will prepare the land use plan, field studies, — Land use planning infrastructure analysis and modeling, technical memoranda, — Transportation and final report. — Natural resources City will prepare an RFP select a qualified consultant team — Economics/housing based on proposals received. — Infrastructure/civil engineering 6 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 Likelihood of implementation 10. What governing bodies or private parties will have to act to ultimately implement the project?What is the extent of their authority to make policy or commit investments?Describe the roles the key project partners will have to play over time in order to fully and successfully implement the project and realize the envisioned development benefits in your community. (Limit your response to the top half of page 7.) Metro. Once Title 11 planning is complete,the Metro Council will need to evaluate and issue a decision regarding a possible UGB expansion to include all or portions of the West and South River Terrace URAs in the UGB. City of Tigard. After URA land is brought into the UGB,the City of Tigard will be responsible for community planning that would establish specific comprehensive plan and zoning designations for the sites. Future city decisions will also be required to determine the method(s) of infrastructure finance, including any supplemental system development charges (SDCs). Capital facility plan updates will likely be required. Ultimately, annexation petitions and future subdivision requests are expected from land owners and developers and these will be processed by City staff. Washington County.Tigard operates under an Urban Planning Area Agreement(UPAA) with Washington County that recognizes Tigard as the ultimate governance provider with the Urban Planning Area (UPA).The UPAA will need to be updated to include the West and South River Terrace URAs to formally establish Tigard as the party responsible for planning and coordinating urban services for those areas. Urban Service Providers.The City is also subject to an urban service agreement with agencies and districts that provide urban services within the Tigard Urban Service Area (TUSA).The agreement outlines roles, provisions, areas and coordinating responsibilities for service providers that operate within the urban service boundary.The TUSA will need to be updated to include the West and South River Terrace URAs. Property owners. Property owner support will be important throughout the concept planning process and inclusion into the UGB. Ultimately, property owners will need to annex into the City of Tigard to facilitate development. 11. Identify and describe the potential opportunities and threats that could affect the successful implementation of this project.(Limit your response to the bottom half of page 7.) The significant amount of development and planning occurring around the West and South River Terrace URAs presents an opportunity for the City of Tigard to be proactive and deliberate in establishing multi-modal transportation connections, compatible land use patterns, and infrastructure systems that serve its interests while contributing to the greater regional framework.The City has the opportunity to comprehensively plan for these areas now, concurrent with planning efforts in neighboring jurisdictions. Potential threats or barriers to ultimate implementation of the concept planning efforts include the possibility of an economic downturn that reduces market viability of new development. However, concept planning these areas now still provides an overall advantage;the City can implement the plan at an appropriate time based on market demand and other factors.The rising cost of infrastructure also presents a potential threat to future development within the concept planning area. However, concept planning helps to reduce this threat by including infrastructure system studies that identify infrastructure improvement needs, costs and possible funding mechanisms. The City has the authority through annexation agreements, development agreements and subsequent land use reviews to ensure that adequate and sustainable infrastructure improvements are in place or will be in place concurrent with the impacts of future development. 7 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 Public involvement 12. What community members or stakeholders will be most affected by the implementation of the project's development outcomes? Discuss how the public(including neighbors, businesses, property owners and other key stakeholders)and historically marginalized communities(including low-income populations and people of color)will be involved in the project. Be specific about the methods you intend to use, and whether your organization or consultants will be leading the engagement work. (Limit your response to page 8.) Community members and stakeholders most likely to be affected by implementation of the concept planning efforts include property owners within the URAs, residents of River Terrace and other surrounding developed neighborhoods,the Tigard Tualatin School District, Washington County, King City, and the City of Beaverton. The City will establish a list of stakeholders at the beginning of the concept planning process for engagement throughout the project.The public involvement plan for the concept planning efforts will be led by a consultant with coordination and input from City of Tigard staff, and is anticipated to include the following elements: ■ City website.The City will create and regularly update a project website containing all information and materials pertaining to the concept planning efforts.The website will have a project overview, mapping,timeline, recent document drafts, announcements for meetings and other events, and contact information. ■ Two public open house meetings.The first meeting will be held toward the start of the concept planning process to review existing conditions for the area and discuss high-level goals and priorities. The second meeting will be held after a preliminary concept plan document has been produced to gather input and answer questions. Public meetings will be held in the evening during the week at a location near the planning area. Invitations to the meetings will be posted to the City website and mailed to surrounding property owners, nearby neighborhood associations, and the stakeholder list. ■ Technical advisory committee(TAC).A TAC will be formed to help guide the more technical aspects of the project. It is anticipated that the TAC will meet three times during the concept planning process to review and comment on technical documents (transportation study, infrastructure plans, etc.). ■ Community advisory committee (CAC).A CAC will be formed to facilitate community input into the concept planning efforts and develop community goals and objectives for the project. It is anticipated that the CAC will meet two times during the planning process to review key documents, coordinate the public meetings, and provide input. 8 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 13. Identify any committees that will be engaged in the project. Describe how committee members will be selected,the extent of their involvement and their scope of authority to determine the project goals, process, or implementation. (Limit your response to the top half of page 9.) As noted, two advisory committees will be engaged as part of the concept planning process. A technical advisory committee (TAC)will be formed to help guide the more technical aspects of the project.TAC members will be selected based on input from City staff and could include representatives from: ■ City Finance, Public Works and Engineering departments ■ Neighboring jurisdictions (Washington County, Beaverton, King City) ■ Clean Water Services ■ Other urban service providers The TAC will be an advisory body and will help develop project goals and objectives and provide input on technical memoranda, infrastructure master plans,funding strategies, and transportation studies. TAC members will also be responsible for disseminating information back to their respective jurisdictions/agencies. A citizen advisory committee (CAC)will be formed to enhance community input and broaden community representation in the planning process. CAC members will be selected based on input from City staff, the stakeholder group, and the prior River Terrace community planning effort.The CAC is likely to have the following members: ■ Property owners within the concept planning area ■ Business owners and developers ■ Tigard-Tualatin School District ■ Tualatin River Watershed Council members ■ Neighborhood association representatives The CAC will be an advisory body and will help develop project goals and objectives, provide insight and recommendations for the public open house meetings, and provide input on key concept planning documents. CAC members will also be responsible for relaying information back to their groups or associations, as applicable. 14. Describe how public process and the committee/community input will strengthen the project outcomes and increase likelihood of implementation. (Limit your response to the bottom half of page 9.) The public involvement process will strengthen project outcomes and support implementation in the following ways: ■ Involvement of a technical advisory committee will help to ensure that infrastructure planning and identified funding mechanisms are feasible and appropriate within the City and regional context.The TAC will have a comprehensive understanding of transportation, sewer,water and stormwater conditions within the planning area and will provide valuable input into needed improvements and connections. Guidance from the TAC will ensure that the concept planning process provides a solid framework for the more detailed infrastructure planning that will occur once the area is inside the UGB. ■ The citizen advisory committee will provide critical insight into community concerns,values and goals that will shape the concept planning outcomes.The CAC will also help to expand community representation and contribute to a project that has broad community support during the adoption process. ■ The public open house meetings and City project website will provide openness and transparency during the planning efforts and deliver important project information and updates.Again, these elements will help to ensure community support during the planning and adoption process. 9 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 Applicant track record 15. Describe any similar planning and development projects your organization or jurisdiction has implemented in the last 5 years and how that experience will inform this project. How successful have these projects been in delivering the proposed development outcomes?(Limit your response to the top half of page 10.) Over the past five years, the City of Tigard has used local, state, and regional funding to facilitate transformative change and innovative planning in Downtown Tigard, River Terrace, and the Tigard Triangle. Tigard's 2014 Metro grant award for the River Terrace Community Plan laid the foundation for substantial investments in infrastructure by the City of Tigard, Washington County, and the private sector that led to significant development activity in River Terrace.The city plans to apply its experience in infrastructure planning and funding to the West and South River Terrace URA expansion areas. Tigard's 2016 Metro grant award to implement the Tigard Triangle Strategic Plan resulted in voter approval of a new urban renewal district in May 2017 and the creation of innovative development standards and procedures that are spurring affordable housing and mixed-use development projects in the area.The city plans to apply its experience in planning for very large-scale planning areas to the River Terrace URA areas. Tigard's 2018 Metro grant award for the Tigard Triangle Urban Renewal Implementation Project is focusing on strategic public investment in infrastructure to support equitable development.The city plans to apply its experience with outreach to underrepresented communities and equitable development to this project. Replicable best practices 16. Consideration will be given to applications that demonstrate best practices that can be easily replicated elsewhere. Discuss how lessons learned from the project could be applied to other projects in your community or in other parts of the region. (Limit your response to the bottom half of page 10.) ■ Concept planning for the South and West River Terrace URAs will allow stormwater management and stream resilience efforts to occur on a more regional level, which will provide efficiencies and environmental benefits that may not be achieved with "piecemeal" planning. ■ With the proposed construction of Tigard-Tualatin School District's new elementary school directly adjacent to the South River Terrace URA, the project will create an opportunity to refine and identify safe and convenient access opportunities to the school from properties located along Beef Bend Road. ■ Bicycle transportation along Roy Rogers Road between SW Scholls Ferry and Highway 99 West is challenged due to the part urban/part rural nature of the facility. Transportation connections, such as the extension of River Terrace Boulevard through the South River Terrace Urban Reserve Area to King City's Urban Reserve Area, offer opportunities to provide safe north-south pedestrian and bicycle routes that provide alternatives to Roy Rogers Road. 10 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 Grant leverage and project budget Budget table and narrative 17. Use the budget table template provided to show the estimated project costs by major phase or element and any additional matching funds committed to the project.The budget table should reflect the project outline provided in question#2. Indicate estimated costs for consultant work as well as other direct project expenses. Use market averages or bid estimates for consultant services. In the space below, describe methodologies used for estimating all direct project costs. (Limit your response to page 11.) ■ For the budget table, consultant fees were based on prior Title 11 concept planning experience and consultant bid estimates. ■ Direct project costs were estimated using projected City FTE hours per task at a rate of$114.74 per hour (city-estimated average cost per billable hour) ■ Metro grant funds are anticipated to cover consultant fees ($300,000). Other direct project costs(City FTE)will be covered by an additional cash match from MLG, per an agreement between MLG and the City. [Budget table included separately on Metro-provided template.] 11 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 PROJECT COMPONENT CONSULTANT OTHER DIRECT ADDITIONAL CASH TOTAL GRANT FEES PROJECT COSTS MATCH (IF ANY) FUNDS (Phase, element, deliverable, etc.) Task 1: Project Initiation & Coordination $ 12,500 $ 10,556 $ 10,556 $ 12,500 Task 2: Agency/Service Provider Engagement $ 6,500 $ 3,557 $ 3,557 $ 6,500 Task 3: Preliminary Land Use Plan -South RT $ 20,000 $ 5,508 $ 5,508 $ 20,000 Task 4: Preliminary Land Use Plan -West RT $ 25,000 $ 7,114 $ 7,114 $ 25,000 Task 5a: Traffic Impact Analysis -South RT $ 25,000 $ 5,049 $ 5,049 $ 25,000 Task 5b: Traffic Impact Analysis -West RT $ 35,000 $ 5,049 $ 5,049 $ 35,000 Task 5c: Environmental Analysis $ 35,000 $ 1,836 $ 1,836 $ 35,000 Task 5d: Utility Master Plan Analysis $ 40,000 $ 9,179 $ 9,179 $ 40,000 Task 5e: Housing& Infrastructure Analysis $ 60,000 $ 5,966 $ 5,966 $ 60,000 Task 6: Concept Plan Summary Report $ 13,000 $ 2,524 $ 2,524 $ 13,000 Task 7: Plan Adoption Process $ 4,000 $ 9,868 $ 9,868 $ 4,000 Task 8: Public Involvement $ 24,000 $ 13,310 $ 13,310 $ 24,000 Meeting materials, mailings, misc. costs $ - $ 4,000 $ 4,000 $ - GRAND TOTAL $ 300,000 $ 83,515 $ 83,515 $ 300,000 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 City of Tigard April 17, 2019 Lisa Miles Principal Development Project Manager Metro 600 NE Grand Avenue Portland, OR 97232-2736 RE: Metro2040 Grant Proposal—Metro Title 11 Concept Planning for the Tigard River Terrace South and West Urban Reserve Areas Dear Ms. Miles, The City of Tigard is committed to the development of River Terrace. The city worked with the community to complete the River Terrace Community Plan in 2015 and has been continuously working with developers since the Community Plan adoption on development of housing and infrastructure. The proposed project will produce Title 11-compliant concept plans for the South and West River Terrace Urban Reserve Areas (URAs). Planning for these areas is a priority because they are bordered by land that has already been developed and/or will be intensively planned over the next several years by Tigard, Beaverton, King City and Washington County. This grant proposal is the next logical step in the city's development strategy for the River Terrace area. The city has dedicated significant time and resources to redevelopment in River Terrace over the last decade. It wishes to continue working to complete the full development of River Terrace and take advantage of similar planning efforts being carried out in neighboring Beaverton and King City to ensure development and infrastructure planning in River Terrace is coordinated. Metro's support of the city's efforts with a Metro2040 Grant would help the city act in timely fashion. Sincerely, Tom McGuire Assistant Community Development Director 13125 SW Hall Blvd. ■ Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 ■ www.tigard-or.gov DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19-f-�- A RESOLUTION APPROVING AN APPLICATION FOR A METRO 2040 PLANNING AND DEVELOPMENT GRANT TO FUND THE WEST AND SOUTH RIVER TERRACE URBAN RESERVES CONCEPT PLANNING PROJECT. WHEREAS, Metro has a new cycle of funding available for the 2040 Planning and Development Grant Program,which has targeted funds for projects that facilitate urban reserve area planning;and WHEREAS, the West and South River Terrace Urban Reserve Areas are identified by Metro as the last remaining urban reserves in Tigard;and WHEREAS, the West and South River Terrace Urban Reserve Areas are adjacent to key developing areas including North River Terrace and the King City UGB expansion area;and WHEREAS, concept planning the West and South River Terrace Urban Reserve Areas provides opportunities to strategically coordinate transportation connections and utility infrastructure with neighboring developments and planned improvements in nearby jurisdictions;and WHEREAS, this project advances the region's planning and development goals in important and synergistic ways, specifically as it relates to urban growth expansion development and regional housing needs. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Council approves the submittal of an application for a Metro 2040 Planning and Development Grant to facilitate concept planning efforts for the West and South Rivet Terrace Urban Reserve Areas. SECTION This resolution is effective immediately upon passage. RESOLUTION NO. 19- Page 1 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 PASSED: This dad-of Q 2019. MaVV-City of Tigard ATTEST: '>pA� City Recorde -City of TtW td RESOLUTION NO. 19- Page 2 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 April 17, 2019 U LU Martha Bennett i Chief Operating Officer LU LU 600 NE Grand Avenue Portland, OR 97232-2736 RE: Metro 2040 Grant for Tigard River Terrace South and West T11 Concept Planning Project ` Dear Ms. Bennett: The city of Tigard has submitted a request for Metro 2040 grant funding to support the River Terrace _ South and West planning effort. The project is intended to complete the Metro Title 11 planning requirements to prepare the areas for future Urban Growth Boundary (UGB) inclusion. Metropolitan Land Group (MLG) is proud to partner with the city of Tigard to support them in these efforts. MLG intends to serve as a collaborative partner and is committed to supporting the City by providing funds to pay for the staff time needed to manage and direct the planning work. MLG is also committed to assisting the City as needed to provide additional support to ensure that the work is completed successfully. MLG and the City are working together to refine the scope and cost estimate for the staff FTE. This work is ongoing therefore the exact dollar amount has not been finalized. MLG staff has been working to support the City by providing staff time and consultants to prepare the grant application. We intend to continue providing our staff time and consultant support to the process through participation during public involvement opportunities. We are excited to be a part of the process that will lead to future evolution of one of our region's great communities, River Terrace. The planning and future inclusion of these areas will provide an opportunity for collaboration with the many other projects that are occurring in the area including current development in River Terrace, design and construction of the new Art Rutkin School, determination of the ultimate alignment for the Tile Flat Road extension, coordination with King City on their community planning process and more. Thank you for your consideration of the city of Tigard's request. Please feel free to contact me directly if you have any questions. pala, sny Director of LRP and Community Partnerships Metropolitan Land Group V503.597.7100 1 F503.597.7149 METROPOLITAN 17933 NW Evergreen Pkwy,Ste.300 Beaverton,OR 97006 LAND GROUEMM CCB 181393 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C6lA3296 .41 s7sllc ■ +rr � �.non r•. � �' .1 a;:. �w—Fll _ -eRrl�1Ff1111 I u Ips - 4 r ! r r A i sft,s e 1 1a-"�m r 4 �r+s•E �� = .: M - --°rA1 rir irn�♦ rA vfsa9 prl - Y { rr �— i1f1Nr 1!IPlpl ■ ru 1 1 — A I;��ea!iyF op l,r' �l�IfJ'P.�1JI 111 UPON cllm 1 1 7 l+r ■rlll�r ■,�Xr,.- 4 11� 1• y ,.. w5 � ■ c s II�-ill-�?� 38r' 1,� a' !rl INDlOi�P]i7 ��sa. . -� • I ='1 C r'Ir ��I IIUY 11rly?� • . ��.' - .-• all Rltl ntF r_i O • D � • I I �c;.•. •.mlo�ren i. "� 11�T� e _u.Ilnurr!ee ■- :r r ll n" IIHII!sr r a` �� •,..�_+-..`-. �T River Terrace Area Completed and e� I ; Planned Projects rnmr 11111#/Jf�'. Infrastructure Construction J WWSPSchollsArea Water Supply Pipeline,20192020 um� Ua: Roy Rogers Rd(SchollsFerry Rdto2,500feetsouthof8u11Mountain r' n!m 'linll, Rd),2018-2021 leer rlAIA Ire �`■y. CWS River Terrace North Pressurized Sewer Pipe Installation,2019 ; � � CWSRoy Rogers Road Gra vitySewer Pipe lnstallation,2019 IPA ■ ", RM CWS River Terrace S.Pump Station&Pressurized Sewer Pipe,2018-2019 ��cc o II nr!+h■■�e CWS Beef Bend Culvert 2019 ` @aORfl "`""'Z,T nmi( m UM '71111'! G - A rnolla � CWS BuII Mountain Gravity Sewer Pipe Improvements,2018-2019 202 Ae, � =ti Proposed Development ! r J Polygon at River Terrace Edge,Est.Site Construction 2019-2020 13 Polygon at South River Terrace,Under Construction , 0 TTSDArt RutkmElementary School,2019-2020 Planning Studies AKing City Transportation System Plan Update,2019-2020 A Beef Bend Road Alignment and Design Analysis,*2019-2020(*w/ King City TSP and URA Community Planning) �r Tile Flat Road Extension Alignment Evaluation,*2019-2020(*w/ Washington County Transportation Futures Refinement) King City Urban Reserve Area 6D Community Planning,2019-2020 AWashington County Transportation Futures Refinement Study,2019 AWillametteWater Supply Extension,Phased(Current-2024) ASouth Cooper URA Community Planning,2019-2022 AFuture Tigard Park(2019 Park System Master Plan Update) Completed Projects River Terrace Northwest - . 15 Polygon at West River Terrace Legend ®Polygon at Roshak Ridge ---- City Limits Infrastructure Construction ®River Terrace Northeast - UGB(2018) A�Planning Studies URABoundary ■ Proposed Development ®Mountainside High School Proposed Path Completed Projects 0 0.25 0.5 Miles DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296yG u River Terrace Urban Reserve Planning Powered byZoomGrantsTA° My Account > 2040 Planning and Development Grants(Cycle 7-2019) > Metro USD$2,000,000.00 Planning and Development Available Planning and Development 4/19/2019 Deadline 2040 Planning and Development Grants (Cycle 7 - 2019) City of Tigard Tigard River Terrace Urban Reserve Planning USD$ 300,000.00 Requested Previous Submitted Application_ USD$ 0.00 Cash Matching Contributions Next Submitted Application Short questions 1. Provide a high-level summary describing the project, anticipated work to be completed, and desired outcomes. This project will involve Metro Title 11 concept planning for the West and South River Terrace Urban Reserve Areas, including the following tasks and deliverables: • Public outreach and engagement activities •Agency and service provider outreach and coordination • South River Terrace Urban Reserve Area Land Use Plan •West River Terrace Urban Reserve Area Land Use Plan • Traffic Impact Analysis • Natural Resource Assessment • Utility Master Plan Analysis • Housing Market and Need Analysis • Economic Market Analysis • Infrastructure Finance Analysis Desired outcomes for this project include: • Preferred transportation network connections that are coordinated with neighboring jurisdictions. • Safe and connected transportation options to planned educational facilities. • Utility infrastructure systems that are coordinated with neighboring developments and new planning areas (i.e., King City). https://www.zoo mg rants.com/rapp2.asp?rfpid=2190&propid=138816 1/3 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A32961jG u River Terrace Urban Reserve Planning • Contiguous and enhanced natural resource areas, including stream resilience strategies and stormwater management. • Coordination with previous planning work and updated land uses that reflect new regional priorities and plans. •Analysis of required infrastructure and identification of strategies for infrastructure finance. • Evaluation of market viability for non-residential uses. • Determination of park level-of-service needs. • Establishment of new residential neighborhoods with a variety of housing choices. 2. What is the location and/or geographic reach of the project? Provide a brief description. Under the "Required Uploads"tab, please also provide the required location map or maps showing where the project and/or participating communities are located and project boundaries, if applicable. The West River Terrace Urban Reserve Area is comprised of 303 acres located at the western extent of the current Tigard city limits. The area is south of SW Scholls Ferry Road, east of SW Vandermost Road and directly west of Tigard's River Terrace community. The South River Terrace Urban Reserve Area is located at the southwestern extent of Tigard city limits, north of SW Beef Bend Road. This 205-acre area is bounded by the existing River Terrace community to the north, the recent King City UGB expansion area (Urban Reserve Area 6D)to the south, SW Roy Rogers Road to the west and SW 150th Avenue to the east. 3. Provide demographic information including ethnicity, age, and income of the neighborhood or community that will benefit from the project. Include the data source, and describe how the project geography relates to the data provided. In the "Uploads"section of this application, you may include optional info-graphics in the project images upload. 2017 American Fact Finder Data for Tigard Total Population: 51,355 Age Race Median Age: 37.7 years White: 41,995 (81.8%) Under 18 years: 11,266 Black: 1,002 18 years and older: 40,089 Asian: 3,918 65 years and older: 7,590 Hispanic: 5,765 2013-2017 American Community Survey 5-Year Estimates for Tigard Median Household Income: $70,120 https://www.zoo mg rants.com/rapp2.asp?rfpid=2190&propid=138816 2/3 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296yG u River Terrace Urban Reserve Planning Powered byZoomGrantsTA° My Account > 2040 Planning and Development Grants(Cycle 7-2019) > Metro USD$2,000,000.00 Planning and Development Available Planning and Development 4/19/2019 Deadline 2040 Planning and Development Grants (Cycle 7 - 2019) City of Tigard Tigard River Terrace Urban Reserve Planning USD$ 300,000.00 Requested Previous Submitted Application_ USD$ 0.00 Cash Matching Contributions Next Submitted Application Prior Grants Prior CPDG/Equitable Housing/2040 Planning and Development Grant Awards Date Date Grant initiated completed Still Project title/purpose amount (mm/yyyy) (mm/yyyy) underway? 1. Downtown Mixed-Use $ 12/2013 04/2015 Yes Development Projects 100,000 2. River Terrace Community Plan $ 06/2014 05/2015 Yes 245,000 3. Downtown Tigard Urban Lofts $ 03/2016 08/2017 Yes Development Project 145,250 4. Tigard Southwest Corridor $ 50,000 04/2017 Yes Affordable Housing Predevelopment Project 5. Tigard Triangle Urban Renewal $ 08/2018 Yes Implementation Project 340,246 6. $ Yes 7. $ Yes https://www.zoo mg rants.com/rapp2.asp?rfpid=2190&propid=138816 1/2 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296yG u River Terrace Urban Reserve Planning 8. $ Yes 9. $ Yes Total $ 880,496 https://www.zoo mg rants.com/rapp2.asp?rfpid=2190&propid=138816 2/2 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 METRO CONTRACT 936312 - EXHIBIT B City ofTigard � FINANCE AND INFORMATION SERVICES Qualification -Based Request for Proposal (RFP) RIVER TERRACE WEST AND SOUTH CONCEPT PLANNING Proposals Due: Thursday,April 14, 2020 - 10:00 a.m. local time Proposer must submit one (1) electronic colo in portable document format (12df). Submit Proposals To: ContractsPurchasinggtigard-or.gov Direct Questions To: Christine Moody Phone: (503) 718-2415 Email: christinegtigard-or.gov City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 (503) 639-4171 1 www.tigard-or.gov DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 TABLE OF CONTENTS TITLE PAGE SECTIONS Section 1 Introduction 3 Section 2 Proposer's Special Instructions----------------------------------------------------------------------4 Section3 Background---------------------------- -------- -------- -------- -------- -------- --------------- 7 Section 4 Scope and Schedule of Work-----------------------------------------------------------------------,10 Section 5 Proposal Content and Format --------- --------- --------- --------- --------- --------------20 Section 6 Proposal Evaluation Procedures------------------------------------------------------------------23 ATTACHMENTS Attachment A Proposal Certification Attachment B Signature Page Attachment C Acknowledgement of Addenda Attachment D Statement of Proposal Attachment E City of Tigard Professional Services Agreement QBS—River Terrace West and South Concept Planning Project Page 2 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 SECTION 1 INTRODUCTION The City of Tigard is seeking proposals from qualified firms to provide professional services for the City's River Terrace West and South Concept Planning Project. The City is interested in a firm or consultant team with expertise in land use planning, multimodal transportation planning, infrastructure planning, environmental analysis, housing and market analysis, economic development, and inclusive community engagement. Proposers are required to certify non-discrimination in employment practices, and identify resident status as defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy. The City may reject any proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding of the City if it is in the public interest to do so. QBS—River Terrace West and South Concept Planning Project Page 3 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 SECTION 2 PROPOSER'S SPECIAL INSTRUCTIONS A. PROPOSED TIMELINES Monday,March 23, 2020 Advertisement and Release of RFP Thursday,April 14, 2020 (10:00 a.m.) Deadline for Submission of Proposals TBD Interviews (if necessary) TBD Award of Contract by LCRB TBD Commencement of Services NOTE: The City reserves the right to modify this schedule at the City's discretion B. GENERAL By submitting a proposal, the Proposer certifies that the Proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. C. PROPOSAL SUBMITTAL The Proposal and all addenda must be signed and submitted no later than 10:00 a.m.,Thursday,April 14,2020,to the email address ContractsPurchasing&tigard-or.gov. The proposal response will be in a font size no smaller than 11-point and shall not exceed 20 pages. The title page, transmittal letter, table of contents, personnel resumes or required forms (Attachments A - D) will not be considered in total pages submitted for the purposes of the 20-page limit. Proposals will be considered time- stamped and received by the City when they are received in the email inbox listed above. To assure that your Proposal receives priority treatment,please mark the email subject line as follows: QBS RFP—River Terrace West and South Conce.pt Planning Project Proposer shall include their name and address and contact information in the body of the email. It is the Proposer's responsibility to ensure that proposals are received prior to the stated submission deadline. Late proposals may not be considered,it is the City's sole discretion to accept o reject a late proposal. D. PROTEST OF SCOPE OF WORK OR TERMS A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to the Purchasing Office. A protest may be submitted via email.. Any such protest shall include the reasons for the protest and shall detail any proposed changes to the scope of work or terms. The City shall respond to any protest and, if necessary, shall issue any appropriate revisions, substitutions, or clarification via addenda to all interested Proposers. To be considered, protests must be received at least five (5) days before the proposal closing date. The City shall not consider any protest against award due to the content of proposal scope of work or contract terms submitted after the established protest deadline. All protests should be directed to the attention of Christine Moody,Purchasing Manager, at christinentigard-or.gov QBS—River Terrace West and South Concept Planning Project Page 4 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 If a protest is received in accordance with section above, the proposal opening date may be extended if necessary to allow consideration of the protest and issuance of any necessary addenda to the proposal documents. E. PRE-PROPOSAL MEETING There is no pre-proposal meeting scheduled for this RFP. F. PROPOSAL SUBMISSION AND SIGNING All requested forms and attachments (Proposal Certifications, Signature Page,Acknowledgment Addenda, Statement of Proposal, etc.) must be submitted with the Proposal and in the required format. The submission and signing of a proposal shall indicate the intention of the firm to adhere to the provisions described in this RFP. G. COST OF PREPARING A PROPOSAL The RFP does not commit the City to paying any costs incurred by Proposer in the submission or presentation of a proposal, or in making the necessary studies for the preparation thereof. H. INTERPRETATIONS AND ADDENDA All questions regarding this project proposal shall be directed to Christine Moody, Purchasing Manager. If necessary,interpretations or clarifications in response to such questions will be made by issuance of an "Addendum" to all prospective Proposers within a reasonable time prior to proposal closing,but in no case less than seventy-two (72) hours before the proposal closing. If an addendum is necessary after that time, the City, at its discretion, can extend the closing date. Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the "Acknowledgment of Addenda"with proposal. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. I. BUSINESS LICENSE/FEDERAL TAX ID REQUIRED The City of Tigard Business License is required. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful Proposer will be required to present a copy of their City of Tigard Business License at the time of contract execution. Successful Proposer shall also complete a W-9 form for the City at the time of contract execution. J. CITY'S PROJECT MANAGER The City's Project Manager for this work will be Schuyler Warren, Senior Planner. K. PROPOSAL VALIDITY PERIOD Each proposal shall be irrevocable for a period of one hundred and twenty (120) days from the proposal submission deadline. L. FORM OF CONTRACT A copy of the City's standard professional services agreement,which the City expects the successful firm or individual to execute,is included as "Attachment E". The contract will incorporate the terms and conditions from this RFP document and the successful proposer's response documents. Firms taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 2.1) "Protest of Scope of Work or Terms" or their exceptions will be deemed immaterial and waived. QBS—River Terrace West and South Concept Planning Project Page 5 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 M. TERM OF CONTRACT The contract for this work is anticipated to commence on or around May 15,2020. All work stemming from the contract is anticipated to be completed no later than June 30,2021. N. NON-COLLUSION Proposer certifies that its proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition. N. PUBLIC RECORD All proposal materials submitted shall become the property of the City and is public record unless otherwise specified. A proposal that contains any information that is considered trade secret under ORS 192.345(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include any subsequent cost or price information, which must be open to the public. QBS—River Terrace West and South Concept Planning Project Page 6 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 SECTION 3 BACKGROUND The West River Terrace Urban Reserve Area is comprised of 303 acres located at the western extent of the current Tigard city limits. The area is south of SW Scholls Ferry Road, east of SW Vandermost Road and directly west of Tigard's River Terrace community. The South River Terrace Urban Reserve Area is located at the southwestern extent of Tigard city limits, north of SW Beef Bend Road.This 205-acre area is bounded by the existing River Terrace community to the north, the recent King City urban growth boundary (UGB) expansion area (Urban Reserve Area 6D) to the south, SW Roy Rogers Road to the west and SW 150th Avenue to the east. This project will produce Metro Urban Growth Management Functional Plan (Functional Plan) Title 11- compliant concept plans for these two Urban Reserve Areas (URAs) to facilitate their inclusion into the Metro urban growth boundary. Planning for these areas is a priority because they are bordered by land that has already been developed or will be intensively planned over the next several years by Tigard,Beaverton, King City and Washington County. Ongoing and near-term planning studies being conducted by neighboring agencies will further define the location and orientation of land uses and infrastructure on adjacent properties. It is important that the City of Tigard proactively plans for these URAs to ensure that its priorities related to sustainable regional growth, the future needs of its residents and businesses, and its overall economic health are adequately considered in the land use plans and public infrastructure connections that will ultimately link the City with these neighboring areas. Specifically, Washington County is currently conducting a planning study that will refine the location of regional arterials to help facilitate long-term connectivity and mobility on the west side of the metropolitan region. One critical link within this network is the expected extension of Tile Flat Road through the West River Terrace URA to Bull Mountain Road. Washington County is in the process of refining the location,right-of-way needs, and land use impacts associated with the location of this facility. It is important for the City of Tigard to have a concept plan for this area to inform the County's work and the future alignment of this facility. Furthermore, the South River Terrace URA is generally located on the south slope of Bull Mountain where stormwater flows through a series of creeks southward through King City's UGB expansion area and, ultimately, to the Tualatin River. It is expected that King City will be initiating community planning in 2020 for its approved UGB expansion area. Natural resources planning conducted with the South River Terrace URA will prepare the City for these discussions and help ensure the best regional strategy and environmental outcome for these resources.The City of Tigard anticipates a stormwater strategy for the expansion areas that is similar to that currently applied in River Terrace,with a focus on regional stormwater facilities. Stormwater and sanitary sewerage planning will be coordinated with Clean Water Services,which may take a lead role in these areas. A key consideration in the concept planning for these URAs is their potential to accommodate higher densities and a wider diversity of housing types, site configurations, and supportive uses than is typical in similar urban expansion areas in the Portland Metro area. The concept plan for these areas should be informed by and supportive of Tigard's recent policy initiatives that allow greater housing choice through legalization of "missing middle" housing types, incentives for affordable housing, and allowance for more predictable flexibility in the development process. The concept planning should also be in line with the spirit and the letter of recent legislation (HB 2001) to diversify housing options across the state. QBS—River Terrace West and South Concept Planning Project Page 7 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 A final consideration is the potential for coordination with King City in the comprehensive planning of their recent UGB expansion area to create a trans-jurisdictional town center that supports a variety of appropriate supportive uses that help to develop both cities' economies while providing needed services and reducing vehicle miles travelled.The potential realignment of Beef Bend Road in accordance with the recommendations of Washington County's Urban Reserves Transportation Study and the needs of the area will be an important element of this coordination. The purpose of this project is to: • Complete a concept plan for the River Terrace URAs that is in line with the city's goals and policies. • Engage with stakeholders and the broader community, including historically underrepresented communities to assess: o market trends and demand in housing and commerce; o regional planning and development context; and o community needs and priorities. • Provide the city with the level of analysis and information needed to pursue urban expansion with a future project. Specific development goals for this project include, but are not limited to: • The housing market analysis will explore innovative housing strategies and evaluate demand for a variety of densities and attached housing product types. Housing strategies may include the use of accessory dwelling units (ADUs), cottage clusters, courtyard units, pre-fabricated housing products, permanent affordable housing and other means of encouraging the availability of housing for existing and future residents of all income levels. • Land use planning will facilitate housing choices that support a wide range of household sizes and incomes, as well as compact and efficient growth patterns that minimize vehicle miles travelled and greenhouse gas emissions to the extent practicable. • Concept planning will optimize functional and physical relationships with neighboring plan areas, including King City's UGB expansion area, to ensure that neighborhood retail,parks and open space, educational and other amenities are well coordinated and supportive of on-going planning efforts in these adjacent jurisdictions. • The economic market analysis will evaluate the market viability of employment and non-residential uses to advance the city's economic development objectives and the goals of creating spaces where residents can work,live and play. • The transportation analysis will evaluate the necessary transportation network and required improvements to support the land use plan for this area. This study will also include an evaluation of multi-modal improvements and how bike and pedestrian ways can be best integrated with King City and other neighboring areas. A special focus will be the improvement needs and alignment for Beef Bend Road. • The environmental analysis will identify important natural resources to be preserved within the requirements of State Goal 5 and Metro Functional Plan Titles 3 and 13. This includes coordination with Clean Water Services' vegetated corridor requirements and the protection of upland habitat required under Title 13. Special consideration will be given to the connection with the natural resource areas in King City that extend south to the Tualatin River. • The infrastructure analysis will consider needed improvements to support growth in the area. This work will be coordinated with neighboring jurisdictions and regional partners to ensure that infrastructure systems are positioned and sized to accommodate growth. QBS—River Terrace West and South Concept Planning Project Page 8 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 • The funding strategy will consider the preliminary costs of all infrastructure and transportation systems associated with development in the URAs and propose a revenue-neutral approach to funding them without impacting current city programs, services, and capital programs. • The concept plan will identify opportunities for regional management of stormwater; these improvements will be coordinated with King City and Clean Water Services (CWS), and may be led by CWS. • The concept plan will identify parks and open space needs to meet the City's level of service requirements and to ensure that residents in the community have access to clean air,water and healthy ecosystems. Majority funding for this project is based on a grant award from the Metro 2040 Planning and Development Grant Program to the City of Tigard. QBS—River Terrace West and South Concept Planning Project Page 9 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 SECTION 4 SCOPE AND SCHEDULE OF WORK The City of Tigard seeks a collaborative interdisciplinary team—with expertise in land use planning, multimodal transportation planning, infrastructure planning, environmental analysis, housing and market analysis, economic development, and inclusive community engagement—to work with the city on the River Terrace West and South Concept Planning project. Coordination between this project and two other concurrent City projects will be required, specifically regarding any housing and economic analyses for the projects listed below. • Tigard Employment Lands Tomorrow– This project will focus on understanding economic trends and evaluating the City's supply and regulation of employment lands. • Washington Square Regional Center Update–This project will focus on an update to the zoning and development standards in the Washington Square Regional Center Plan District. This plan district is part of a Metro-designated regional center that includes portions of Tigard, Beaverton, and unincorporated Washington County (Metzger). The project will examine opportunities for increased housing and employment and greater integration between uses. In addition,project coordination will be required between this concept planning work and three area projects: • Washington County Urban Reserves Transportation Study – This project managed by Washington County Land Use and Transportation will examine how future development in Washington County's Urban Reserve areas affect the transportation network. The study will identify the following: o Area roadways that will need to be widened in the future to accommodate additional traffic generated by new development o Best practices for Washington County to help local cities plan for future growth and transportation impacts • King City Community Plan for URA 6D. • A potential Clean Water Services-led effort to plan for stormwater and sanitary sewer at a sub-basin level. The general timeframe for project completion is 12 – 16 months. A summary of tasks, deliverables, budget, and schedule is provided in Table 1 below. A more detailed description of tasks and deliverables follows. Tasks and deliverables are generally shown in chronological order but may include iterative steps. Consultant to refine estimated budget and schedule during drafting of contract for services. Time is of the essence, as several of the tasks must be completed by 2021 in order for Tigard to use the information to prepare a Title 11-compliant,mid-c,c�Pplication for UGB expansion in South River Terrace (due approximately_June 20211. QBS–River Terrace West and South Concept Planning Project Page 10 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 The following table provides City estimates of a limited number of subtasks and deliverables necessary to complete this project. Not all project tasks, subtasks, and deliverables are included in this table. Proposers may revise or edit the tasks,meeting allocations, deliverables, and schedule as part of their proposal. Table 1. Summary of Scope of Work Task Estimated Subtasks and Deliverables Estimated Estimated Lead. (T) = Tigard (C) = Consultant Meetings Schedule 1. Project Initiation and Coordination Apr-May 2020 1.1 Project Kickoff Meetin 1 (2-hr) .................................................................................................................. 1.2 Project Mana ement Team Meetin s 60 (1-hr) ...................................._...........................................?............................................. ..................................................................................................g......................................................................................................................_............................................................................................................................................................................................ 1.3 Project Mana ement Plan ...................................._...........................................1............................................. ............................................................................................................................................................................................._. ........................................................................................................................................................................................... 1.4 Monthly Reports 2. Community Engagement Apr 2020 -Jun 2021 2.1 Community Engagement Planning (C/T) 1 (2-hr) 2.2 Technical Advisory Committee Meetings (C/T) 4 (2-hr) 2.3 Community Advisory Committee Meetings (C/T) 5 (2-hr) 2.5 Public Open House(C/T) 3 (2-hr) 2.6 City Communications and Engagement (T/C) (CIT)Project Wlebsite (Cl T)Local and Social Media (Cl T)Direct Mailings (F1 C)Presentations to Community Groups and Pr ject Partners 3. Agency/Service Provider Engagement . Apr- Feb 2021 3.1 Agency/Service Provider Meetings 6 (2-hr) 4. Preliminary Land Use Plan - South . May-Feb 2021 4.1 Concept Alternatives (3) 4.2 Preferred Alternative 5. Preliminary Land Use Plan - West May- Feb 2021 5.1 Concept Alternatives (3) 5.2 Preferred Alternative 6. Special Studies and Assessments May- Feb 2021 6.1 Transportation System Analysis 6.2 Environmental Analysis 6.3 Utility Needs Analysis 6.4 Housing Needs Analysis 6.5 Commercial Market Analysis 6.6 Funding Strategy 7. Concept Plan Summary Report Jan-Feb 2021 7.2 Draft Concept Plan Summa .Rort ...................................._...................................................................................... .................................................................... ............... ............................................................................................................................................................................................................................................................................................................ 7.3 Final Concept Plan Summary Report 8. Plan Ado tion Process Jan-Mar 2021 ...................................._............................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 8.1 Project Briefings to PC/CC (C/T) 2 (1.5-hr) ...................................._........................................................................................... ............................................................................................................................................................................._........................................................................_. .................................................................................................................. 8.2 Public Hearing-PC 1 (1.5-hr) 8.3 Public Hearin -CC 11.5-hr ....................................................................................................................................................................................................................................................(...........................)................................................................................................................................... 8.4 Metro Staff Briefings 2 (1.5-hr) QBS-River Terrace West and South Concept Planning Project Page 11 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 GENERAL PROVISIONS 1. GIS Data a. City and Consultant PM will determine which deliverables require geospatial data development of GIS data by the Consultant and which,if any, should be delivered to the City. b. All GIS data delivered to the City must follow the City of Tigard GIS Data Standards. 2. Meetings a. Project team meetings and scope refinement meetings may be held by phone, at City offices, or at other mutually agreed upon locations, such as Consultant offices. TASK 1. PROJECT MANAGEMENT Project management is the joint responsibility of the City PM and Consultant. Consultant must assume a reasonable amount of time for project communication and general coordination above and beyond the meetings specified in this scope and manage the allocated budget for each task and deliverable accordingly. 1.1 Project Kickoff Meeting Consultant will meet with City PM for a project kickoff meeting. City PM will include other City staff as necessary. Consultant is encouraged to include subconsultant representatives as necessary. City will identify and make available relevant historical documents for review. 1.2 Project Management Team Meetings At a minimum, a weekly call-in meeting of approximately one hour with the City PM is to be expected throughout the project, except when deemed unnecessary by the City PM. 1.3 Project Management Plan Consultant must prepare project management plan that includes schedule, scope,budget, and milestones. 1.4 Monthly Reports Consultant must provide monthly reports with updated schedule, work completed and upcoming, and any issues or changes. This report must include a percentage complete versus percentage spent by task. TASK 2. COMMUNITY ENGAGEMENT Community engagement is the joint responsibility of the City and Consultant project teams. Specific deliverables and assignments are identified in Table 1. It is expected that the teams will plan for and conduct meaningful and inclusive public and stakeholder outreach to shape project outcomes. The scope assumes that the project manager will need to meet with the City PM at least once prior to each TAC, CAC, and Public Open House Meeting (collectively,Community Outreach) in order to effectively plan and prepare for these meetings. This meeting may take the place of the regular weekly project meetings but in certain circumstances may need to be held separately. Like the weekly project management meetings,these Community Outreach planning meetings may be held by phone, in person at the city, or at the Consultant's offices. QBS—River Terrace West and South Concept Planning Project Page 12 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 In addition to determining agendas and materials, Community Outreach planning meetings will assign roles and responsibilities to individual team members based on the meeting purpose and content of the intended Community Outreach. The following general provisions apply to all Community Outreach: • Consultant must produce all materials for Community Outreach, including but not limited to agendas and presentation materials. • City will manage logistics for all Community Outreach, including but not limited to: room reservation, room set-up and tear-down,refreshments, sign-in sheets, and notices. • Consultant must provide City with meeting notice text in at least two, possibly three languages: English, Spanish, and possibly an Asian language depending upon need. • City will coordinate to provide translation services as needed for Community Outreach. • Consultant and City will collaboratively facilitate all Community Outreach meetings. • City will provide meeting summaries for all Community Outreach that, at a minimum, lists attendees and summarizes the discussion,any input and/or decision(s),and next steps. Consultant must review the summaries for completeness and accuracy. 2.1 Community Engagement Plan Consultant will assist City PM with preparation of a community engagement plan. This plan will include, at a minimum, the following elements: • Community engagement goals • Community input desired • Community engagement strategies o Print and online media strategies o Social media and city website o Newsletters and mailings o Community groups outreach o Advisory committees o Public open houses o Planning Commission and Council briefings o Public hearings 2.2 Technical Advisory Committee (TAC) Meetings Consultant must lead the formation of the Technical Advisory Committee in coordination with City PM.This TAC will be composed of representatives from the Department of Land Conservation and Development, Metro,Washington County, City of Beaverton, City of Sherwood,King City,Tigard-Tualatin School District, Beaverton School District, Clean Water Services, Tigard Water District, Tualatin Valley Fire and Rescue, Oregon Department of Transportation, Tualatin River Keepers, and others as needed. Consultant must conduct a minimum of four TAC meetings. Preliminary meeting plans and objectives will be determined during the development of the Community Engagement Plan in Task 2.1 in coordination with City. Specific agendas will be developed in consultation with City PM as part of this task. 2.3 Community Advisory Committee (CAC) Meetings City PM will lead the formation of the Community Advisory Committee. Consultant must conduct a minimum of five CAC meetings. Preliminary meeting plans and objectives will be determined during the development of the Community Engagement Plan in Task 2.2 in coordination with City. Specific agendas will be developed in consultation with City PM as part of this task. 2.4 Public Open House Meetings QBS—River Terrace West and South Concept Planning Project Page 13 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 Consultant must conduct a minimum of three community meetings in an open house format. Preliminary meeting plans and objectives will be determined during the development of the Community Engagement Plan in Task 2.1 in coordination with City. Specific agendas will be developed in consultation with City PM as part of this task. 2.5 City Communications and Engagement The City has primary responsibility for this task but will work in close coordination with the Consultant. In addition to community meetings,the City will inform and engage the community through the project website, direct mailings, social media posts, press releases, and online surveys. The City expects to tailor its outreach methods to the different stakeholder groups in our community including but not limited to: • Property owners in River Terrace,Bull Mountain, and unincorporated Washington County • Housing advocates,including affordable housing advocates • Culturally-specific groups located or doing community work within Tigard • Residents—both owners and renters—in Tigard and unincorporated Washington County • Neighborhood associations in Tigard,King City, and Washington County TASK 3. AGENCY/SERVICE PROVIDER ENGAGEMENT 3.1 Service Provider Meetings It is expected that in the normal course of work for a project of this type, a need will arise for meetings with agencies or service providers that are not represented on the TAC. Coordination of these meetings is the joint responsibility of the City PM and Consultant PM.Assume six 2-hour meetings for the purposes of responding to this RFP. TASKS 4 AND 5. PRELIMINARY LAND USE PLANS 4.1 and 5.1 Concept Alternatives Consultant will prepare a set of three (3) concept alternatives for both the River Terrace South and West Urban Reserves Areas.These concept alternatives will be developed in consultation with City PM and other City staff as needed. These concept plans should consider, at a minimum, the following information: • Land use intensity options,with a focus on the inclusion of a variety of smaller housing opportunities. These options may include ADUs (duplexes and triplexes), cottage cluster development, courtyard units, quads, and rowhouses,in addition to single detached houses. • Options for the inclusion of residentially-supportive mixed uses such as retail, office, or other appropriately-scaled commercial and industrial uses. • Multi-modal transportation and circulation networks. • Parks, open space, and trails systems. • Stormwater management and green infrastructure facilities. • Infrastructure,including sanitary sewer and water supply. • Opportunities for mutually supportive development patterns with King City's UGB expansion area (River Terrace South only). • Protection of natural resources. Each concept alternative should include a qualitative analysis that addresses the relative performance of each under the following criteria: • Housing provision,including variety and affordability. QBS—River Terrace West and South Concept Planning Project Page 14 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 • Expected economic performance,including consideration of City's sustained economic stability. • Connectivity and travel options. • Parks and open space accessibility. • Environmental performance,including consideration of typical drivers of climate change. • Neighborhood cohesiveness and community placemaking. 4.2 and 5.2 Preferred Alternative In consultation with City staff, Consultant will designate a preferred alternative based on these criteria. This preferred alternative will inform some of the analysis required in Task 6. Some basic analysis of the impacts of the other alternatives should also be included. TASK 6. SPECIAL STUDIES In order to complete this project, a set of analyses will be required. Some of these analyses may need to be substantially complete prior to Tasks 3 and 4, while others will be informed by the preferred concept alternative. Respondents to the RFP should propose a schedule for the special studies in the context of the other tasks that demonstrates their preferred project approach. A basic analysis of the impacts of the non- preferred alternatives should be included that explains how those alternatives influence the outcomes of each analysis. The required analyses are summarized in the following subtasks. 6.1 Transportation System Analysis An analysis of the transportation system will be conducted to identify public and private connectivity needs within the two study areas — River Terrace South and West. The study will assess potential off-site infrastructure improvements in these study areas triggered by the proposed urban growth that is attributable to trips generated from each. The analysis will consider multimodal streets and alleys, as well as off-street trails. The final report will include proposed preliminary alignments, locations, and cost estimates. It is anticipated that this effort will incorporate data created by and for the King City transportation system plan update and the Washington County Urban Reserve Transportation Study (WC-URTS). The analysis should specifically consider travel demand forecasts developed as part of WC-URTS and augment and refine them as necessary to meet the specific needs of this concept planning process. Consultant should propose an approach that results in Title 11-compliant reports that are informed by the above considerations. The proposal should include the number and location of facilities that will be analyzed in the course of the work. Consultant Deliverables: • Up to six project team meetings • South River Terrace and West River Terrace URA Traffic Impact Study that includes: o Methodology and assumptions memo that demonstrates how the analysis was performed o Summary of any alternatives considered and how they were evaluated o Transportation system preliminary concept that includes: ■ internal street alignments ■ roadway classifications, ■ ROW dedication needs, ■ street cross sections,inclusive of alleys and woonerfs, ■ intersection treatments along study area boundaries, ■ pedestrian and bicycle facilities, and QBS—River Terrace West and South Concept Planning Project Page 15 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 ■ transit facility opportunities. o Three preliminary alternatives for Beef Bend Road realignment,with recommendation o Preliminary rough order-of-magnitude (ROM) cost estimates 6.2 Environmental Analysis The consultant will conduct an assessment of background information, aerial photographs, and other consultant-created GIS data,informed by field verification as needed,of areas qualifying for protection under Titles 3 and 13 of the Metro Functional Plan,in consultation with Clean Water Services.The Consultant must also prepare an analysis of City of Tigard Significant Tree Groves and Significant Wetlands,as required under State Goal 5 (inventory, assessment, and determination of significance). The Significant Tree Grove analysis should also include mapping and assessment of any substantial Oregon White Oak stands or savannah. Consultant will negotiate property access as required to complete this work program. The consultant will prepare a technical memorandum,with associated mapping and assessment findings that include the presence or absence of wetlands, riparian corridors, upland natural resources, and habitat areas, that meets the procedures and requirements for complying with Goal 5 in the Oregon Administrative Rules and Titles 3 and 13 of the Metro Functional Plan.Assessment should be sufficiently detailed to avoid the need to negotiate additional property access at a later stage. Consultant Deliverables: • For each URA (River Terrace West and South): o Technical memorandum summarizing existing conditions, analysis methods, and findings for Title 3 and 13 areas within the URA,including preliminary resource mapping. o City of Tigard Significant Tree Grove and Significant Wetland Analysis summarizing methods, inventory results, resource assessment, and determinations of significance. 6.3 Utility Needs Analysis The consultant will prepare a technical memorandum that provides a summary of existing water, sanitary sewer, stormwater, parks, and private utilities in the vicinity of the URAs and will include descriptions of preliminary capital facility improvements necessary for sanitary sewer,water and stormwater service.This task assumes that additional utility analyses will be needed to properly size and route water and sewer systems and locate stormwater facilities. Systems data will also be available from utility providers and existing documents to create a composite memorandum of anticipated utility capital improvements for the West and South River Terrace URAs. Some field verification should be anticipated. This task assumes a single round of outside review. Consultant Deliverables: • Utility Needs Memorandum for the South River Terrace URA • Utility Master Plan Memorandum for the West River Terrace URA 6.4 Housing Needs Analysis The consultant will prepare a technical memorandum that documents how the residential development of the West and South River Terrace URAs will meet the housing needs in Tigard, Washington County, and the metro area by product type and price range. While this study will be completed prior to the adoption of final rules implementing HB2003, it should nonetheless be informed by the intent of that law and any pertinent information from the Department of Land Conservation and Development that may impact the goals, methods, and results of the study. QBS—River Terrace West and South Concept Planning Project Page 16 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 Consultant Deliverables: • Housing Needs Analysis that considers, at a minimum: o The implications of current and future demographics and socioeconomic characteristics of Tigard's residents,within the regional context, for housing demand in the River Terrace area. o Market demand for a range of housing types, tenure, and price points to address the Tigard's housing needs. The report will include analysis of housing types built and sold in Tigard and surrounding areas in recent years.The analysis should also consider potential rates of adoption of the broader range of housing types allowed under the Community Development Code amendments of 2018. o Opportunities for developing a mix of housing types to meet the housing needs across demographic bands based on income,household size, and market trends. o Range of residential capacity in the West and South River Terrace URAs based on the analysis of unconstrained buildable land at a range of densities that support the city's vision and goals. o Forecast of housing growth and absorption in the West and South River Terrace URAs to estimate potential buildout of the area. o Strategies to support development of the types of housing identified in the housing market analysis,within the broader context of the concept plan. o The product will be a technical memorandum that summarizes the housing market analysis and strategies for providing a range of housing types. 6.5 Commercial Market Analysis The consultant will prepare a technical memorandum that assesses the capacity of the West and South River Terrace URAs to incorporate commercial uses, including but not limited to office spaces, retail, services, dining, and light manufacturing. This work will be performed in a manner that assesses the capacity of the URAs to accommodate a new town center with an activity level described in Title 6 of Metro's Functional Plan. As such, the analysis for both areas, but particularly River Terrace South, will need to be informed by the community planning work simultaneously occurring in King City's urban expansion area to the south.The work will also inform and be informed by two other parallel projects—Tigard Employment Lands Tomorrow, which will include a full Economic Opportunities Analysis, and the Washington Square Regional Center Update. Consultant Deliverables: • Commercial Market Analysis that considers, at a minimum: o Market trends in town center-scale commercial development,particularly in suburban areas. o Recent precedents and case studies of commercially viable town center-scale developments that are integrated into residential suburban developments.The case studies may take the form of mixed-use development or exclusively commercial districts within a largely residential area. The case studies should be examined for any instructive relationship between the scale and relative success of the commercial uses. o Data on mixed-use, commercial, professional, and light manufacturing absorption rates in similar areas around the region, including documentation and analysis of the factors that influence the absorption rate. o Forecast of market growth and absorption of mixed use, commercial, professional, and light manufacturing in suburban markets to estimate the range of employment capacity in the study area. o Strategies to support private development of a broad range of commercial uses appropriate for a town center, considered within the broader context of the concept plan. This element should clearly assess the feasibility of the town center concept,provide recommendations for the size, scale, and relative location of commercial development, and provide a realistic QBS—River Terrace West and South Concept Planning Project Page 17 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 timeline for the market to respond to the availability of commercial lands. This element will also inform the residential portion of the concept plan by recommending minimum residential densities that will support town center-scale commercial uses. o Analysis of physical, economic, market, and transportation opportunities and constraints as they relate to mixed-use, commercial, professional, and light manufacturing development in the study area. 6.6 Funding Strategy Consultant will prepare a funding strategy that provides a high-level analysis of the funding needs for supportive infrastructure identified in the other analyses. This funding strategy should provide enough detail to understand the cost impacts to the city, strategies to reduce these costs,and equitable contributions toward these expenses from development that reflect the relative impacts of the land uses,particularly housing types, based on their size. Consultant Deliverables: o Funding strategy technical memorandum that: ■ Utilizes the results of the other studies in Task 6 to identify specific infrastructure and improvements that are to be funded. At a minimum, this list should include: • Public utilities (water, sewer, and stormwater); • Transportation infrastructure,including alternative transportation facilities; • Parks and trails; • Schools; and • Additional civic or other uses or services identified by the City. ■ Provides preliminary rough-order of-magnitude (ROM) cost estimates for these listed improvements. ■ Provides a preliminary funding strategy that includes estimates of supplemental system development charges necessary to fund the listed improvements and considers relative impacts and equitable contributions for different land uses and housing types in the concept plan. TASK 7. CONCEPT PLAN SUMMARY REPORT Consultant will prepare a Concept Plan Summary Report that collates relevant information into one report. The report will include, at a minimum the following sections: • Executive Summary o Addressed to staff and policymakers o Summarizing community outreach,including comments and areas of consensus and dissent. o Summarizing the alternatives considered. o Listing key findings of all analyses. o Recommendations for: ■ Preferred alternative ■ Phasing and funding plan ■ Implementation strategy • Deliverables from Tasks 4, 5, and 6 This deliverable should include the deliverables from Tasks 4, 5, and 6 in their final format with all images. QBS—River Terrace West and South Concept Planning Project Page 18 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 • Appendices Any data, analysis, community meeting notes, or other relevant documents completed in the course of this project that are not included in the items above should be labelled and included in report appendices. Consultant Deliverables: • Concept Plan Summary Report o Executive Summary o Concept Plan o Special Studies o Appendices TASK 7. PLAN ADOPTION PROCESS It is anticipated that the City of Tigard will prepare the staff reports necessary for local adoption of the final plan. Consultant Deliverables • Prepare for and attend two meetings with the City of Tigard Planning Commission • Prepare for and attend two meetings with the City of Tigard City Council • Prepare for and attend up to two meetings with Metro planning staff QBS—River Terrace West and South Concept Planning Project Page 19 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 SECTION 5 PROPOSAL CONTENT AND FORMAT A. FORMAT To provide a degree of consistency in review of the written proposals, firms are requested to prepare their proposals in the standard format specified below. 1. Title Page Proposer should identify the RFP Title, name and title of contact person, address, telephone number, fax number, email address and date of submission. 2. Transmittal Letter The transmittal letter should be not more than two (2) pages long and should include as a minimum the following: a. A brief statement of the Proposer's understanding of the project and services to be performed; b. A positive commitment to perform the services within the time period specified, starting and completing the project within the deadlines stated in this RFP; and the names of persons authorized to represent the Proposer, their title, address and telephone number (if different from the individual who signs the transmittal letter.) 3. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted. 4. Project Understanding,Approach, and Interest a. Provide a statement of why your firm is interested in this project. b. In a narrative form,with tables, timelines or other figures as desired, describe Proposer's understanding of the tasks and deliverables described in the above sections of this RFP and thee proposed approach and plan for accomplishing this work. c. In your response discuss the approach and methods for ensuring the project meets the timelines as stated in the Scope and Schedule of Work. d. Describe your firm's approach on how a Community-Based Organization (CBO) could be integrated into the community engagement work described in Section 4 Task 2, including anticipated tasks of the CBO. Proposers should also suggest an approach to engaging communities of color and other underrepresented communities if the City and consultant team are unsuccessful in obtaining the services of a CBO to do this work. Note: Proposers should assume that not all project tasks, subtasks, and deliverables are included in Section 4, and should respond to this RFP according to their knowledge and experience with the broader task of concept planning. Proposers may revise or edit any of the tasks,meeting allocations, deliverables, and schedule as part of their proposal response. QBS—River Terrace West and South Concept Planning Project Page 20 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 5. Consultant Team Qualifications and Organization In this section describe your firm's qualifications and experiences and specifically the ability of the consultant team to perform the work described in this RFP. At a minimum, address the following: a. An organizational chart that clearly identifies the project manager,prime consultant, sub- consultant(s),including the CBO, and specific areas of work responsibility. b. A list of key project staff with brief biographies. Full resumes may be included in the appendix,with a maximum of one double-sided page per resume. c. Table of personnel who will be performing work on this project,including their role and responsibilities and the percentage of time each person will be devoted to this project. d. Identified project manager who will be responsible for day-to-day management of project tasks and communication. Please include information on the location or office where the project manager's main activities are based and list other projects to which the proposed project manager is currently assigned. 6. Consultant Team Experience with Similar Projects a. Provide detailed descriptions of similar projects your firm has performed within the last five (5) years for the City or other public agencies, which best characterize Proposers capabilities,work quality and cost control. b. Within your response provide a table of all similar projects that contains the following information: • Project title, type, and year completed • Client name and contact information • Brief description of similarities,including similar tasks or deliverables • List of project team members who worked on each project 7. Project Manager Experience with Similar Projects a. Identify the proposed project manager who would be responsible for the day-to-day activities and their experience with three (3) similar projects,including the following: • Project title, type, and year completed • Client name and contact information • Brief description of similarities,including similar tasks or deliverables • Role of proposed project manager on project team b. Describe the project manager's approach to schedule, budget, scope, and change management. c. Provide the project manager's experience and approach to communicating with and managing a team of diverse professionals on a project with multiple inter-related deliverables, multiple jurisdictions, and a large number of stakeholders, some of whom may be skeptical of or object to the project's goals. QBS—River Terrace West and South Concept Planning Project Page 21 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 8. Diversity in Contracting a. Proposers should describe the diversity of their consultant team with respect to any recognized certification. Is your firm or any sub-consultant certified with the Certification Office of Business Inclusion and Diversity(COBID)? If yes,indicate all certification types (i.e. DBE,MBE,WBE, SDV, and ESB) by firm,with certification number(s). b. Proposers should also describe the diversity (i.e. race, ethnicity, gender, disability, and veteran status) of key project staff and provide specific examples of how the prime consulting firm or its sub-consultants support workforce diversity within their respective firms or the local community. B. ADDITIONAL INFORMATION Please provide any other information you feel would help the Selection Committee evaluate your firm for this project. C. DISPUTES Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties. D. CITY PERSONNEL No Officer, agent, consultant or employee of the City shall be permitted any interest in the contract. QBS—River Terrace West and South Concept Planning Project Page 22 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 SECTION 6 PROPOSAL EVALUATION PROCEDURES A. SELECTION AND EVALUATION PROCESS A Selection Committee assembled by the City will review the written proposals. After meeting the mandatory requirements, the proposals will be evaluated on their technical aspects. The Selection Committee will select the Proposer which best meets the City's needs based upon its evaluation of all received proposals in accordance with the following criteria: 1. Completed Proposal submitted on time Pass Fail 2. Transmittal letter Pass Fail 3. Project Understanding,Approach, and Interest 25 points 5. Consultant Team Qualifications and Organization 20 points 6. Consultant Team Experience with Similar Projects 15 points 7. Project Manager Experience with Similar Projects 10 points 8. Diversity in Contracting 15 points • 5 points for prime or sub-consultant(s) with any COBID certification (DBE,MBE,WBE, SDV,ESB) • 5 points for key project staff diversity • 3 points for prime or sub-consultant(s) with MBE/WBE certification • 2 points for workplace diversity efforts TOTAL EVALUATION POINTS 85 POINTS B. PRICE EVALUATION After evaluation of the written proposals, the City will invite the three (3) highest ranked Proposers to submit a detailed breakdown of costs based on the scope of work. The proposed fee structure should include hourly rates for each person assigned and the level of effort based on anticipated duration and hours for the project. An additional 15 points in scoring will be assigned to the cost structure criteria. C. PRESENTATION/INTERVIEW At the option of the City, the City may invite the three (3) highest ranked Proposers to make a presentation of their proposal. This will provide an opportunity to clarify and elaborate on the proposal. The City will schedule the time and location of these presentations (if necessary) and notify the selected firms. Should one or more firms be selected for oral interviews„20 points will be assigned to the interview process. D. CLARIFICATION OF PROPOSALS The City reserves the right to obtain clarification of any point in regard to a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of their proposal. E. NEGOTIATIONS WITH TOP RANKED FIRM After completion of proposal evaluations the City will enter into negotiations with the top ranked firm regarding conditions, compensation level, schedule and performance of the scope of services. After good faith negotiations,if the City and the top ranked firm are unable to agree,then the City will move to the second ranked firm and enter into negotiations. The process shall repeat until either the City QBS—River Terrace West and South Concept Planning Project Page 23 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 and the firm come to an agreement or the City determines the project unfeasible at this time and elects to re-scope and re-solicit the work.. F. PROTEST OF AWARD In accordance with Tigard Public Contracting Rule 30.135,any adversely affected Proposer has seven (7) calendar days from the date of the written notice of award to file a written protest. G. PROPOSAL REJECTION The City reserves the right to: 1. Reject any or all proposals not in compliance with all public procedures and requirements; 2. Reject any proposal not meeting the specifications set forth herein; 3. Waive any or all irregularities in proposals submitted; 4. Reject all proposals; 5. Award any or all parts of any proposal; and 6. Request references and other data to determine responsiveness. QBS—River Terrace West and South Concept Planning Project Page 24 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 ATTACHMENT A PROPOSAL CERTIFICATIONS ****************************************** Non-discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to,the following:employment upgrading,demotion or transfer;recruitment or recruitment advertising;layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order from the City,unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Firm Name: Address: ***************************************** Resident Certificate Please Check One: ❑ Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last twelve calendar months immediately preceding the submission of this proposal. Or ❑ Non-resident Vendor:Vendor does not qualify under requirement stated above. (Please specify your state of residence: ) Officer's signature: Type or print officer's name: QBS—River Terrace West and South Concept Planning Project Page 25 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 ATTACHMENT B SIGNATURE PAGE The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated; and that all articles supplied under any resultant contract will conform to the specifications herein, The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications and by City policies and regulations. The undersigned,by submitting a proposal, represents that: A) The Proposer has read and understands the specifications. B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify the Proposer as being non-responsive. The undersigned certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. The undersigned certifies that all addenda to the specifications has been received and duly considered and that all costs associated with all addenda have been included in this proposal: Addenda: No. through No. inclusive. We therefore offer and make this proposal to furnish services at the price(s) indicated herein in fulfillment of the attached requirements and specifications of the City. Name of firm: Address: Telephone Number: Fax Number: By: Date: (Signature of Authorized Official. If partnership, signature of one partner.) Typed Name/Title: If corporation, attest: (Corporate Officer) ❑ Corporation ❑ Partnership ❑ Individual Federal Tax Identification Number (TIN): QBS—River Terrace West and South Concept Planning Project Page 26 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 ATTACHMENTC CITY OF TIGARD, OREGON ACKNOWLEDGMENT OF ADDENDA Project Title: River Terrace West and South Concept Planning Close: Thursday,April 14; 2020 - 10:00 a.m. I/WE HAVE RECEIVED THE FOLLOWING ADDENDA (I-none received, wite `None Received'): 1. 3. 2. 4. Date Signature of Proposer Title Corporate Name QBS—River Terrace West and South Concept Planning Project Page 27 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 ATTACHMENT D CITY OF TIGARD, OREGON STATEMENT OF PROPOSAL Name of Consultant: Mailing Address: Contact Person: Telephone: Fax: Email: accepts all the terms and conditions contained in the City of Tigard's Request for Proposal for and the attached agreement (Attachment C): Signature of authorized representative Date Type or print name of authorized representative Telephone Number Type or print name of person(s) authorized to negotiate contracts Telephone Number QBS—River Terrace West and South Concept Planning Project Page 28 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 ATTACHMENT E CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this (Day) day of (Month), (Year), by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and (Name and Nddress of Firm),hereinafter referred to as the "Contractor." RECITALS WHEREAS, the City's Fiscal Year budget provides for services for the 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 Contractor to render professional services for the project described in this Agreement, and the Contractor 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. Scope of Services Contractor will perform professional services 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 is effective upon the date of execution and expires on , unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 3. Compensation A. The maximum that Contractor may be paid on this Agreement is hereafter the "not to exceed" amount of Amount in words and No-99/100 Dollars ($Numerical Amount) without prior written authorization. The "not to exceed" amount includes all payments to be made pursuant to this Agreement,including reimbursable expenses,if any. Nothing in this Agreement requires the City to pay for work that does not meet the standard of care that would ordinarily be used by similar professionals in this community in similar circumstances or other requirements of the Agreement. The actual amount to be paid to Contractor may be less than the "not to exceed" amount. B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement as provided below. The City will pay Contractor based on these invoices for acceptable work performed and approved until the "not to exceed" amount is reached. Thereafter, Contractor must complete work based on the Agreement without additional compensation unless there is a change to the scope of work. DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 C. Any estimate of the hours necessary to perform the work is not binding on the City. Contractor remains responsible if the estimate proves to be incorrect. Exceeding the number of estimated hours of work does not impose any liability on the City for additional payment. D. Payment will be made upon receipt of billings based on the work completed. Contractor will submit billings to City periodically, but not more frequently than monthly. Payment by the City releases the City from any further obligation for payment to Contractor for service or services performed or expenses incurred as of the date of the statement of services. Payment will be made only for work actually completed as of the date of invoice. Payment will not be considered acceptance or approval of any work or waiver of any defects therein. E. Contractor must furnish certified cost records for all billings to substantiate all charges. Contractor's accounts are subject to audit by the City. Contractor will submit billings in a form satisfactory to the City. At a minimum,each billing will identify the task order under which such work is performed, work completed during the billing period, percentage of work completed to date, and percentage of budget used to date for each task. Billings must also include Contractor's employer identification number or social security number, as the City deems applicable. F. General Terms: 1) Contractor must make payments promptly, as due, to all persons supplying labor or materials for the performance of the work provided for in this Agreement. 2) Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. 3) Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 4) Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor. 5) 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 does not relieve Contractor or their surety from obligation with respect to any unpaid claims. 6) Contractor will 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, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law,contract,or agreement for the purpose of providing or paying for services. 7) 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. 8) Contractor must obtain, prior to the execution of any performance under this 21Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. 9) The City certifies that sufficient funds are available and authorized for this Agreement during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's City Council. 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 the property of Contractor; however, the City may request, at no additional cost,one set of previously approved reproducible drawings,as well as storage device such as thumb drive or SD card in "DWG" or "DXF" format, of the original drawings of the work. The City has unlimited authority to use the materials received from Contractor in any way the City deems necessary. B. The City may make copies,for the use of and without cost to Contractor,of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Contractor 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 Contractor will 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 Contractor at no additional expense to the City, except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 6. Status of Contractor as IndeVendent Contractor Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits of any kind to which an employee of City is entitled and is 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 is 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 31Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 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 party) as a result of said finding. B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265. 7. Conflict of Interest 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. 8. Indemnification A. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor represents that all of its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of a Contractor's work by City will not operate as a waiver or release. Acceptance of documents by City does not relieve Contractor of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Contractor agrees to 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 Contractor 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 is found to be illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Contractor agrees to indemnify, defend, save, and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims,suits,or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Contractor or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. Any work by Contractor that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities will be considered a professionally negligent act, error, or omission. D. As used in subsections B and C of this section, a claim for professional liability is a claim made against the City in which the City's alleged liability results directly or indirectly, in 41Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 whole or in part, from the quality of the professional services provided by Contractor, regardless of the type of claim made against the City in performance of this Agreement. A claim for other than professional liability is a claim made against the City in which the City's alleged liability results from an act or omission by Contractor unrelated to the quality of professional services provided by Contractor in performance of this Agreement. 9. Insurance Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Contractor must provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor will 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 (CG 2010 1185 or equivalent). This coverage must 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 Contractor must obtain, at Contractor'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 may not be less than$1,000,000,or the equivalent. Annual aggregate limit may not be less than$2,000,000 and filed on a"claims-made" form. C. Commercial Automobile Insurance Contractor must 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 on an "occurrence" form. The Combined Single Limit per occurrence may not be less than$2,000,000. If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor will 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 may not be less than$2,000,000. 51Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 D. 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 must 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 must provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. E. Additional Insured Provision All required insurance policies, other than Workers' Compensation and Professional Liability, must name the City its officers, employees, agents, and representatives as additional insureds with respect to this Agreement. F. Extended Reporting Coverage If any of the required 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, if less than 24 months, the maximum time-period Contractor's insurer will provide. Contractor 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 Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. H. Self-Insurance The City understands that some contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If Contractor is self-insured for commercial general liability or automobile liability insurance, Contractor must provide evidence of such self-insurance. 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, Contractor will furnish a Certificate of Insurance to the City. No contract is effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and 61Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. J. Primary Coverage Clarification The parties agree that Contractor's coverage is 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. K. 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 Agreement. 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 will not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 10. Method& Place of Submitting Notice, Bills, and Payments All notices,bills and payments will 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 will be used to transmit notices,bills,payments, and other information: CITY OF TIGARD Attn: Attn: Address: 13125 SW Hall Blvd Address: Tigard, OR 97223 Phone: (503) 718- Phone: ( ) Email: Email: Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the 71Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 person to who notices, bills, and payments are to be given by giving written notice pursuant to this paragraph. 11. Survival The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. 12. 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 will be effective unless and until it is made in writing and signed by both parties. 13. Termination Without Cause At any time and without cause, City has the right in its sole discretion to terminate this Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. 14. Termination for 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: 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) will 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 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, or 2) If Contractor fails to perform any of the other provisions of this Agreement, or 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. 81Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 The rights and remedies of City provided above related to defaults (including breach of contract) by Contractor are not 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 will be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, provided, that the City may deduct the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 15. Access to Records City will 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. 16. Hazardous Materials Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical under normal conditions of use (for example,employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheet, the identity of the chemical/s, how Contractor will inform employees about any precautions necessary,an explanation of any labeling system, and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or mark such goods. 17. Force Majeure Neither City nor Contractor will 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 will 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 will not be the basis for a claim for additional compensation. Each party will,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 18. 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. 91Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 19. Hours of Labor, Pay Equity In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference: A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in any one week, except as provided by law. For contracts for personal services, as defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for all overtime the employees work in excess of 40 hours in any one week, except for employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. B. Contractor must give notice in writing to employees who work on a public contract,either at the time of hire or before commencement of work on the contract, or by positing a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate of wage, salary,benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or other compensation with another employee or another person. D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material element of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. 20. Non-Discrimination Contractor will comply with all federal,state,and local laws,codes,regulations,and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101- 336); and D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 21. Errors Contractor will 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. 22. Extra Work, Changes Only the City's Project Manager for this Agreement may change or authorize additional work. Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to 10 1 Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 adjust the contract price or contract time due to such unauthorized extra work and Contractor will not be entitled to compensation for the performance of unauthorized work. 23. Warranties Contractor will guarantee work 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 are the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore relieves Contractor from liability under warranties contained in or implied by this Agreement. Any intellectual property rights delivered to the City under this Agreement and Contractor's services rendered in the performance of Contractor's obligations under this Agreement, will be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind. 24. Attorney's Fees In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses, costs and disbursements for the action, suit, proceeding, or appeal. 25. Choice of Law,Venue The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the U.S.District Court for Oregon,Portland. 26. Compliance with State and Federal Laws/Rules Contractor will comply with all applicable federal, state and local laws, rules and regulations applicable to the work in this Agreement. 27. Conflict Between Terms In the event of a conflict between the terms of this Agreement and Contractor's proposal,this Agreement will control. In the event of conflict between a provision in the main body of the Agreement and a provision in the Exhibits,the provision in the main body of the Agreement will control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will control. 28. Audit Contractor will 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. 29. 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 will not be impaired unless the illegal or unenforceable provision affects a significant right or 111 Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 responsibility, in which case the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may terminate the Agreement. 30. Compliance with Tax Laws Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge,not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. IN WITNESS WHEREOF,City and Contractor have caused this Agreement to be executed by their duly authorized officials. Awarded by Tigard's Local Contract Review Board at their Month,Day Year meeting. CITY OF TIGARD B B Name: Name: Title: Title: Date: Date: 12 1 Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C61A3296 EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide professional services as described below: 13 1 Page ProfSA Template—Revised 7/2019 DocuSign Envelope ID:612ED261-BF51-4D58-B69A-A792C6lA3296 EXHIBIT B CONTRACTOR'S PROPOSAL Schedule of Rates: 14 1 Page ProfSA Template—Revised 7/2019 METRO CONTRACT 936312 - EXHIBIT C River Terrace Urban Reserve Planning Project Milestones, Deliverables, and Disbursement of Grant Funds Project milestone and specified grant deliverables Date due* Matching Estimated Grant contributions payment 1 Execution of grant IGA a) Preparation of project documents and negotiations March 31, 2020 b) Signed IGA document 2 Project consultants and contract scoping a) Determine RFQ reviewers who will select consultant May 31, 2020 b) Select consultant team and submit draft contract,scope, schedule and budget for review 3 Finalize Consultant Contract and IGA Milestones June 30, 2020 a) Establish revised milestones and deliverables b) Finalize and execute consultant contract 4 Project kickoff and coordination July 31, 2020 $10,556 Consultants: $12,500 a) Kickoff and project management meeting b) Project management plan c) Community engagement plan 5 Preliminary special studies Sept. 30, 2020 $15,539 Consultants: $80,000 a) Preliminary transportation analysis b) Preliminary environmental analysis c) Preliminary utility needs analysis d) Preliminary commercial market analysis e) Community engagement and project management 6 Preliminary alternative land use plans Nov. 30, 2020 $13,310 Consultants: $40,000 a) Three concept alternatives River Terrace South b) Three concept alternatives River Terrace West c) Community engagement and project management Metro Contract 936312 2040 PLANNING AND DEVELOPMENT GRANT IGA—METRO&CITY OF TIGARD Page 1 Exhibit C Continued 7 Final preferred land use plans Jan. 31, 2021 $15,540 Consultants: $40,000 a) Final preferred alternative River Terrace South b) Final preferred alternative River Terrace West c) Community engagement and project management 8 Final special studies Feb. 28, 2021 $12,621 Consultants: $80,000 a) Final transportation analysis b) Final environmental analysis c) Final utility needs analysis d) Final commercial market analysis e) Final funding strategy f) Community engagement and project management 9 Concept plan summary report March 31,2021 $6,081 Consultants: $17,500 a) Draft summary report b) Final summary report c) Community engagement and project management 10 City Council plan adoption May 30, 2021 $9,868 Consultants: $ 30,000 a) Project briefings b) Project management c) Planning Commission hearing d) City Council hearing and adoption e) Project financial statement report GRANT PROJECT COMPLETION Total Grantee Match Total Grant Funding • All grant project deliverables submitted by grantee and approved by Metro Consultants: $300,000 • All required fiscal documentation submitted or retained on file as appropriate Direct costs : $ • Final reporting on grant performance measures submitted and approved by Metro TOTAL $83,515 MATCH: TOTAL: $300,000 Contract No.936312 2040 PLANNING AND DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 2 Exhibit C Continued NOTE: Due dates are intended by the parties to be hard estimates of expected milestone completion dates.If the City anticipates that a due date cannot be met due to circumstances beyond its control,it shall inform Metro in writing no later than ten(10) days prior to the due date set forth above and provide a revised estimated due date.Metro and the City shall mutually agree upon revisions to the milestone due dates set forth in this agreement. Contract No.936312 2040 PLANNING AND DEVELOPMENT GRANT IGA—Metro&City of Tigard Page 3 DocuSign Envelope ID:F052725C-6EFF-4C9B-8ECC-59D48AAC42A6 Contract No.936312 2040 PLANNING AND DEVELOPMENT GRANT ADDENDUM #1 TO INTERGOVERNMENTAL AGREEMENT Metro—City of Tigard River Terrace Urban Reserve Planning This is an addendum to the 2040 Planning and Development Grant Intergovernmental Agreement between Metro,and City of Tigard,referred to herein as the"Parties"or each,individually as a"Party". RECITALS WHEREAS,the COVID-19 pandemic has created a public health crisis requiring social distancing and limiting community gatherings in the immediate future and for an unknown period of time;and WHEREAS,it is important for Grant Project work to continue to the fullest extent practical while adhering to public health guidelines,in order continue to support equitable community engagement in planning and development projects and public decision-making processes;and WHEREAS,Grant projects underway will need additional resources to overcome the challenges posed by the COVID-19 pandemic;and WHEREAS equitable engagement approaches should be implemented with special consideration of the region's historically marginalized communities who have been disproportionately impacted by the pandemic and the resulting economic downturn;and WHERAS,the Metro Chief Operating Officer has approved additional funds to provide increased financial support to 2040 Planning and Development grantee. AGREEMENT NOW THEREFORE,the Parties hereto agree as follows: 1. Additional Metro Grant Award. Metro shall provide$10,000 of additional Grant Funds to Grantee for the Project subject to the terms and conditions negotiated by the Parties and set forth in an updated version of Exhibit C. 2. Use of Grant Funds.Additional grant funds will enable grantees to cover unanticipated engagement expenses such as,but not limited to: • staff time for consultants or community partner organizations to develop revised public engagement strategies appropriate to the new realities of social distancing • participation incentives,stipends,or compensation as appropriate to support the involvement of members of historically marginalized communities in advisory committees,focus groups, relationship-building efforts and decision-making processes • additional staff time for community-based liaisons to facilitate outreach and connections with community members through methods in alignment with public health directives • direct costs for public engagement,including items such as mailings,telephone surveys or wifi hotspots,to bridge the digital divide with community members who may not have internet access 2040 PLANNING&DEVELOPMENT GRANT IGA,ADDENDUM#1 — Metro&City of Tigard Page 1 DocuSign Envelope ID:F052725C-6EFF-4C9B-8ECC-59D48AAC42A6 Contract No.936312 METRO CITY OF TIGARD Docuftned by: E By: i.ECUC722460... By: Lisa Miles Steve Rymer 2040 Grant Program Manager City Manager 10/21/2021 Date: Date: 10112/21 2040 PLANNING&DEVELOPMENT GRANT IGA,ADDENDUM#1 — Metro&City of Tigard Page 2