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Pacific Community Design ~ C200098 CITY OF TIGARD - CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C200098a4 Contract Start Date: June 11, 2020 Contract End Date: June 30, 2024 Contract Title: Engineering Design & Construction Standards Update Contractor Name: Pacific Community Design Contract Manager: Joe Wisniewski Department: PW-ENG Contract Costs Original Contract Amount: $199,455 Total All Previous Amendments: 0 Total of this Amendment: 0 Total Contract Amount: $199,455 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: na LCRB Date: na Account String: Fund-Division-Account Work Order – Activity Type Amount FY No funds added FY Contracts & Purchasing Approval Purchasing Signature: Comments: Extend Contract to June 30, 2024 DocuSign Routing Route for Signature Name Email Address Contractor Peter Arellano Pete@Pacific-Community.com City of Tigard Joe Wisniewski JoeW@tigard-or.gov Final Distribution Contractor Peter Arellano Pete@Pacific-Community.com Project Manager Joe Wisniewski Shauna Large JoeW@tigard-or.gov Shaunal@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C200098 Amendment 3 Contract Start Date: June 11, 2020 Contract End Date: April 1, 2023 Contract Title: Engineering Design & Construction Standards Update Contractor Name: Pacific Community Design Contract Manager: Joe Wisniewski Department: PW-ENG Contract Costs Original Contract Amount: $199,455 Total All Previous Amendments: 0 Total of this Amendment: 0 Total Contract Amount: $199,455 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: na LCRB Date: na Account String: Fund-Division-Account Work Order – Activity Type Amount FY No funds added FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: Extend Contract to April 1, 2023. DocuSign Routing Route for Signature Name Email Address Contractor Peter Arellano Pete@Pacific-Community.com City of Tigard Steve Rymer Stever@tigard-or.gov Final Distribution Contractor Peter Arellano Pete@Pacific-Community.com Project Manager Joe Wisniewski Shauna Large JoeW@tigard-or.gov Shaunal@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD, OREGON AMENDMENT TO CONTRACT C200098 FOR 2020 ENGINEERING DESIGN & CONSTRUCTION STANDARDS AMENDMENT #3 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Pacific Community Design, hereinafter referred to as Contractor, is hereby amended as follows: 1. Effective Date and Duration This Agreement is effective upon the date of execution and expires on December 31, 2022, April 1, 2023, unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 2. Except as expressly provided in this contract amendment, all other terms remain unchanged IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD PACIFIC COMMUNITY DESIGN Signature Signature Printed Name Printed Name Date Date DocuSign Envelope ID: B5AB9E6C-8946-4A83-B9E2-DFAFF7F64E0A 1/18/2023 Patrick EspinosaSteve Rymer 01/23/2023 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THlsFORMMusTAccomp NYEVERYCONTRACT Contract Title: Engineering Design& Construction Standards Update Number: C200098 Contractor: Pacific Community Design Contract Total: $199,455 Contract Overview: This project is an update to the engineering design and construction standards. It involves revisions to existing sections, and addition of new ones. The final document will be used on development, capital, and maintenance projects. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low Risk Reduction Steps: Well documented scope of work. Available budget contingency Risk Comments: Risk Signature: Contract Manager: Tegan Enloe Ext: 2442 Department: PW-Eng Type: ❑ Personal Svc ® Professional Svc ❑ Public Imp [� General Svc ❑ Coop Purchase ❑ Other: Start Date:Tune 10, 2020 End Date: Tune 30, 2021 Quotes/Bids/Proposal: FIRM AMOUNT SCORE Pacific Community Design 247 Toole Design Group 239 AKS Engineering 235 Account String: Fund-Division-Account Work Order—Activity Tyke Amount FY 19-20 640-6250-54001 40,000 FY 20-21 640-6250-54001 160,000 FY FY FY Approvals - LCRB Date: See Department Comments Department Comments: Contract approved by City Manager per emergency resolution passed by City Council on March 17, 2020. Department Signature: Purchasing Comments: ok Purchasing Signature: City Manager Comments: City Manager Signature: �ea After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# C200098 CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT ENGINEERING DESIGN AND CONSTRUCTION STANDARDS UPDATE THIS AGREEMENT,made and entered into this 11'day of June,2020,by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Pacific Community Design, hereinafter referred to as the "Contractor." RECITALS WHEREAS,the City's Fiscal Year 2019-2020 budget provides for Engineering services for the Engineering Design and Construction Standards update 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 I WHEREAS, the City desires to engage the Contractor to render professional engineering 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 engineering 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 June 30,2021,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 One Hundred Ninety-Nine Thousand Four Hundred Fifty-Five and No/100 Dollars ($199,455.00) without prior written authorization. The "not to exceed" amount includes all payments to be made pursuant to this Agreement, including reimbursable expenses, if any as identified in Exhibit B,which is attached hereto. 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. 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 j 7. 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 Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31 st expiration date. New businesses operating in Tigard after June 30th of the it 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 i` 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 Independent 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 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. i 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. Y 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 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 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. Y 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 j limits and coverages: e 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: i Coverage Limit General Aggregate $2,000,000 Products-Completed Operations Aggregate $1,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any one fire) $50,000 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$1,000,000 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 j 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. 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 is 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 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. f; f A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: E 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, 7 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 PACIFIC COMMUNITY DESIGN Attn: Tegan Enloe Attn: Peter Arellano Address: 13125 SW Hall Blvd Address: 12564 SW Main St Tigard, OR 97223 Tigard OR 97223 Phone: (503) 718-2442 Phone: (503) 941-9484 Email: tegane(a�tigard-or.gov Email: pete(a�,pacific-communit com 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 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 E assignment for the benefit of creditors of Contractor. r 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. 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 z 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. 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 fire uented b employees, of the number of hours per da and days per week that the employees q Y P Y Y P 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 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. I 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 responsibility,in which case e the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may r 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 via emergency declaration signed on March 17,2020. CITY OF TIGARD PACIFICf COMMUNITY DESIGN Si nature: Si nature: Name: Martha Wine Name: t WICK &5Pj Nb.<A Title: City Manager Title: l �JQEN I 6/17/2020 p 2D Date: Date: ( a F L EXHIBIT A SCOPE OF SERVICES The City of Tigard's Design and Construction Standards were first written in the early 1980's. Since then,the standards have been updated and amended creating several documents that work together to create the current version of the Design and Construction Standards.These include: • Public Improvement Design Standards • Water Distribution System Amendment • Street Details Amendment • Water Details Amendment • Wireless Facilities Amendment This contract is to update the current documents into one combined set of Design and Construction Standards. A large-scale update has not occurred since 1998, resulting in sections that no longer reflect industry best practices.This includes the need to update,expand,and even add new sections to the standards TASKS Task 1—Project Management(15% of Budget) - $15,000 i • Conduct Project Kickoff Meeting with City project team(includes prep of materials for meeting—list of urgent items,list of standards to be assimilated by other agencies,CAD details scope,identify items needed for transit standards development.) o Discuss content of this proposal and receive clarification of any items that the contractor's team did not adequately address or misinterpret in the RFP. o Present and discuss the initial project schedule o Discuss and confirm the following list of design standards that will be used as a template for the city standards o Discuss any design standards that the city project team is certain they want included in the new standard ' o Discuss scope and intent of developing CAD standards if the appropriate parties are part of the =, city project team. o Southwest Corridor Light Rail Project ■ Receive an update on project from city staff ■ Discuss city goals related to design standards specific to this project ■ Receive copies of any light rail related materials that the city has. • Weekly check-ins (anticipates 28-week schedule and weekly meeting summaries) o Meet with City staff once a week to identify progress and discuss any additional items needing clarity. o Provide meeting summaries for project record. Task 1 Deliverables • Weekly meeting summaries and task list with tracking of tasks • Project schedule Task 2—Develop Technical Content (45% of Budget) - $65,576 ' i : • Review and Summarize Recently Updated Design Standards o Current Tigard Standards o City of Hillsboro 2018 o City of Beaverton 2019 o Wilsonville 2017 o TVWD 2019 o CWS 2019 o Gresham 2020 o Washington County 2011 • Create a matrix of selected template standards and detail drawings showing commonality and differences • Meet with the City project team o Discuss matrix of selected template standards and detail drawings o Break up the matrix based on subject matter and define City staff focus groups for each subject matter o Discuss formatting and presentation of the selected template standards and get guidance on preferences. o Discuss transit-specific workplan and schedule o Discuss User Guide intent and adoption process o Discuss options for amendment plan including version control,archiving and notification • Schedule and conduct city staff focus groups (includes prep of meeting materials to present to focus groups) o Solicit and document preferences related to template standards and detail drawings o Solicit and document recommended design standards and detail drawings not covered by the template standards o Compile documentation from focus groups • Meet with city project team (includes prep of final matrix with highlights from focus group and updated schedule for discussion) o Discuss summary of focus group input and determine what portion of the input will be included in the final standards and detail drawings. o Revisit project schedule and scope based on feedback from focus groups Task 2 Deliverables • PDF document summarizing standards of selected surrounding jurisdictions for comparison. • PDF document summarizing standard details of selected surrounding jurisdictions for comparison. • PowerPoint of PDF documents for city staff focus groups. • PDF document summarizing focus group feedback and documentation. • Revised project schedule. Task 3—Document Preparation (35% of Budget)- $70,844 • Prepare and submit draft version of transit specific design standards and detail drawings for city project team review. Include sample formatting options and discussion of pros and cons. (assumes a majority of transit related issues will be addressed in the development code) e is • Respond to city comments and prepare final version of transit specific design standards and detail drawings utilizing selected formatting style. • Prepare and submit draft version of the following: o Remainder of the design standards o Remainder of the detail drawings (assumes city staff available to assist in drafting revisions) o CAD standards o User Guide o Amendment plan • Meet with city defined internal stakeholders (focus groups?) to collect and document feedback • Meet with city project team to vet input from internal stakeholders and to discuss public involvement meeting and materials (included prep for meeting materials) • Prepare and submit the final version of the following: i o Remainder of the design standards o Remainder of the detail drawings o CAD standards o User Guide o Amendment plan • Provide web-based document for upload onto the City's website and assist in troubleshootu7g links Task 3 Deliverables • Document identifying sample formatting for selection by project team • 60% document for transit specific design standards • Final document for transit specific design standards • 60% document for non-transit specific design standards • Final document for non-transit specific design standards • 60%document for user guide • Final document for user guide • Web—ready documents Task 4—Public Involvement(3%of Budget) -$14,355 P • Prepare and submit public involvement presentation and meeting materials • Attend and support city during public involvement meetings (assumes three (3) 3-hour meetings) Task 4 Deliverables • PowerPoint Presentation and/or poster boards for public meetings. Task 5—Amendment Plan (2%of Budget) - $4,320 • Meet with City staff to discuss requirements for amendment plan,identify goas, and content of plan • Prepare draft amendment plan and meet with City to review and document comments • Finalize amendment plan ` Task 5 Deliverables • 60%document of amendment plan Final document of amendment plan Project Total $170,095 Contingency: $29,360 when approved by project manager in writing identifying task number and work being done. j i n ! ■ \ ! �§ � � . , / # # #� 5 ■ ! 4k # $ ® ! r B !� ° #kEt . . m :■ ; �� � , « , � � � � ; . � �§ ! .}�! 6 # § 7 . } • i ! � ! ! 27®| . . . ■ « . ■ • . # . Lu _ ; r!_ n � � �/\¥� ° � • ^ /; / z ° ( � | W §|E! . . . ! \ \ -- , - , - , , , . _& UU Z .» § . § . . ■ . . � : co ) ,�\ \ , , : , ,\ . �. , : � § ! ! . ■ . i # • , ¥ . _ � . ,- 2 2 ® ®; ®; 22,x, \ \ „ - \ \ „ § ' • ' § 2 2 ° °- ' - 2 . • ! ! § !r i ■ # 9■ # R § N § K § ! #N K «\ K K# I � ! E \ - • / } { � ( § ) ® , \ { _ ; ! -all