Otak ~ C210004 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C210004a7
Contract Start Date: 7/8/20 Contract End Date: 3/31/23
Contract Title: River Terrace West and South Concept Planning
Contractor Name: Otak, Inc.
Contract Manager: Schuyler Warren
Department: CD
Contract Costs
Original Contract Amount: $499,008.00
Total All Previous Amendments: $65,500.00
Total of this Amendment: S.00
Total Contract Amount: $573,956.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.075 Contract Amendments
Solicitation Number: 2020 River Terrace West and South Concept Planning
LCRB Date: 7/7/2
Account String: Fund-Division-Account Work Order—Activit):1=e Amount
FY
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments:Time extend only
DocuSign Routing
Route for Signature Name Email Address
Contractor Serah Breakstone Serah.breakstonegotak.com
City of Tigard Steve Rymer stever&tigard-or.gov
Final Distribution
Contractor Serah Breakstone Serah.breakstone&otak.com
Project Manager Schuyler Warren schu lerw ti and-or. ov
Cc Laura Barrie laurab ti and-or. ov
Buyer Toni Riccardi tonir ti and-or. ov
DocuSign Envelope ID: D497ABOF-1EF7-43OC-9843-A40CEF2E969E
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
C210004
AMENDMENT #7
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Otak, Inc., hereinafter referred to as Contractor, entered into on the 8th day of July 2020,is hereby
amended as follows:
1. EFFECTIVE DATE AND DURATION
The term of this contract is extended until March 31, 2023.
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 OTAK,INC.
SfeMe-�y»eA^
Signature Signature
Steve Rymer David Sacamano
Printed Name Printed Name
10/4/2022 10/4/2022
Date Date
CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: C210004 Amd 2
Contract Start Date: 7/8/20 Contract End Date: 6 30 21
Contract Title: 2020 River Terrace West and South Concept Planning
Contractor Name: Otak
Contract Manager: Schuyler Warren
Department: CD
Contract Costs
Original Contract Amount: $499,008.00
Total All Previous Amendments: $60,000.00
Total of this Amendment: 0
Total Contract Amount: $599,008.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.075 Contract Amendments
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit):1=e Amount
FY N/A
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: Crim-Comments:This is a no cost amendment—updating hourly rates for consultant.
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
C210004
AMENDMENT #2
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Otak, Inc.,hereinafter referred to as Contractor, entered into on the 8th day of July 2020,is hereby
amended as follows:
1. Exhibit B Contractor Fees
As of signing of this amendment Contractor staff hourly rates are updated as follows:
Ben Bortolazzo Serah Breakstone Li Alligood Curtis LaPierre
PIC/Sr.PM Urban Design Sr. PM-Planner I Sr.PM—Planner 11 Landscape Architect VI
$190 $160 $174 $151
Kaitlin North Nathan Jones Gabe Kruse Danah Palik
Landscape Architect IV GIS Specialist—Planner Landscape Architect IV Landscape Architect III
$122 $105 $122 $115
Trista Kobluski Kevin Timmins Steve Dixson
Planner IV PIC/Sr. PM Civil Urban Designer V
$144 $245 $176
If Agreement is extended, these rates shall remain in effect for one-year.
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 OTAK,INC.
r�)Q�L If2B2td��d
Signature Signature
Steve Rymer ben bortolazzo
Printed Name Printed Name
03/01/2021 2/26/2021
Date Date
CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: C210004/Amendment#5
Contract Start Date: 7/8/20 Contract End Date: 12 31 21
Contract Title: River Terrace West and South Concept Planning
Contractor Name: Otak,Inc.
Contract Manager: Schuyler Warren
Department: CD
Contract Costs
Original Contract Amount: $499,008.00
Total All Previous Amendments: $60,000.00
Total of this Amendment: $5,500.00
Total Contract Amount: $564,508.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 10.075 Contract Amendments
Solicitation Number: 2020 River Terrace West and South Concept Planning
LCRB Date: N/A
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: _
Comments: Time extension only,no need for accouting string.
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
C210004
AMENDMENT #5
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Otak, Inc.,hereinafter referred to as Contractor,entered into on the 8th day of July 2020,is hereby
amended as follows:
2. Effective Date and Duration
This agreement shall become effective upon the date of execution, and shall expire, unless otherwise
terminated or extended, on completion of the work or June 30,2021 December 31, 2021 whichever
comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement.
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 OTAK,INC.
s �� ""z"""''."
Ben Bortolazzo
Signature Signature
Steve Rymer
Ben Bortolazzo
Printed Name Printed Name
06/03/2021 June 3, 2021
Date Date
City of Tigard
�� CONTRACT CHANGE ORDER 13125 SW Hall Blvd.
AMENDMENT SUMMARY Tigard,Oregon 97223
Phone- (503) 639-4171
di I ,• FIELD CHANGE ORDER FORM Fax- (503) 684-7297
www.tigard-or.gov
Project Title: 2020 River Terrace West and South Project Manager: Schuyler Warren
Concept Planning
Contractor: Otak, Inc. Ori nal Contract#: C210004
Effective Dates:July 8, 2020 Chane Order/Amendment Amount: $60,000.00
Accountin Strin : 100-3000-54001 Amendment Percentage Runnin Total: 12%
AMENDMENT DETAILS
EEF-
Housing Needs Analysis: Project Kick Off,Housing Needs Projections, Market Analysis,Buildable Lands
Inventory, Residential Land Needs Analysis,Legislative Recommendations Report,Plan Adoption.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
N/A
REASONING FOR CHANGE ORDER/AMENDMENT
Expanded scope to cover work funded by DLCD grant.
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature Signature
7/6/20
DateiM Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules,regulations,and laws that may be in effect for the
work. The unit pricing in the original contract shall apply to all Signature
additional work. A copy of this form, once completed, is to be
forwarded to the Purchasing Office to ensure all changes to the 7/7/2020
encumbrances are met. Remember— the cumulative total of
Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
C210004
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Otak, Inc.,hereinafter referred to as Contractor, entered into on the 8th day of July 2020,is hereby
amended as follows:
1. Scope of Services
Contractor will perform professional services as provided in Exhibit B Housing Needs Analysis,which is
attached hereto and by this reference made a part of this Agreement.
2. Compensation
The maximum that Contractor may be paid on this Agreement is hereafter the "not to exceed" amount
of Five Hundred Fifty-Nine
Thousand and 08/100 Dollars ($559,008.00) without prior written authorization.
Except as expressly provided in this amendment, the terms and conditions of the Agreement remain in
full force and effect.
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 OTAK,INC. 1' ►T' "`�
Signature Signature
Martha Wine Benvenuto Bortolazzo
Printed Name Printed Name
7/7/2020 07/07/2020
Date Date
EXHIBIT B
HOUSING NEEDS ANALYSIS
Task 1. Project Kickoff(July 8, 2020—July 31, 2020)
1.1 Hold kickoff meeting with city.
1.2 Revise project scope/action items, schedule, and milestones based on city and Department of Land
Conservation and Development (DLCD) expectations.
1.3 Community engagement plan refinement (assumes this effort will plug into the PIP for River Terrace
concept plan project).
1.4 Review background documents and data from city.
1.5 On-going coordination with River Terrace concept planning work.
Total Consultant Hours Task 1 26
Total Consultant Fee $4,380.00
Task 2. Housing Needs Projections (July 31, 2020—August 31, 2020)
2.1 Based on 20-year household growth projections and relevant socioeconomic characteristics of the
population,draft 20-year housing needs projections by housing type, size,and tenure and for a
variety of income bands with a focus on incomes at or below 80% of area median income.
2.2 Prepare presentation materials summarizing Housing Needs Projections and public notice content
for Community Advisory Committee meeting, the public, and interest groups.
2.3 Present to the Community Advisory Committee (CAC) for feedback/consultation;Prepare CAC
meeting notes.
Total Consultant Hours Task 2 44
Total Consultant Fee $6,920.00
Task 3. Housing Market Analysis (August 15, 2020—October 31, 2020)
3.1 Analyze existing rental and for-sale market in Tigard and Portland MSA relative to housing types,
tenure, age, size, cost, condition, occupancy level,permitting activity, and recent development
trends,with specific attention to missing middle and small housing types.
3.2 Survey Tigard-area residents and workers about desired housing types, sizes,price points, and
amenities.
3.3 Interview local and regional developers and other stakeholders regarding housing supply and
demand with specific attention to missing middle and small housing type development potential.
3.4 Draft Housing Market Analysis for use in Housing Needs Projections and presentation to CAC.
Total Consultant Hours Task 3 114
Total Consultant Fee $18,000.00
Task 4. Buildable Lands Inventory (August 15, 2020 — October 31, 2020)
4.1 Develop a draft Build Lands Inventory (BLI) for residentially-zones land using City of Tigard zoning
and environmental constraint GIS data.
4.2 Consider locational advantages, including transit-oriented development, mixed uses, and walkability,
to evaluate capacity of buildable lands to meet current and future residential needs.
4.3 Prepare presentation materials summarizing draft BLI and public notice content for Community
Advisory Committee meeting, the public, and interest groups.
4.4 Present to the CAC for feedback/consultation;Prepare CAC meeting notes.
Total Consultant Hours Task 4 48
Total Consultant Fee $7,700.00
Task 5. Residential Land Needs Analysis (November 1, 2020 —December 15, 2020)
5.1 Synthesize Housing Needs Projections, Housing Market Analysis, and Buildable Lands Inventory to
identify housing need by type, size, tenure, and cost relative to the supply of suitable buildable
residential land.
5.2 Summarize findings related to other specific project goals determined in Project Kickoff, such as
demand for missing middle and small housing, barriers to affordable and market-rate development,
anticipated residential construction activity,possibilities for city intervention to incent specific housing
types, and opportunities to refine local regulations.
5.3 Develop preliminary recommendations for possible zoning changes or annexations to accommodate
housing needs.
5.4 Prepare presentation materials summarizing draft Residential Land Needs Analysis and public notice
content for Community Advisory Committee meeting, the public, and interest groups.
5.5 Present to the CAC for feedback/consultation;Prepare CAC meeting notes.
Total Consultant Hours Task 5 60
Total Consultant Fee $10,000.00
Task 6. Legislative Recommendations Report (December 15. 2020—February 28, 2021)
6.1 Identify options for meeting the city's housing needs through comprehensive plan and land use
regulations,including potential updates to policies and development code and annexations.
6.2 Identify incentives, policies, or programs implementable at the city level to support residential
development of a variety of sizes, tenures, and price points,including regulated affordable housing.
6.3 Prepare presentation materials summarizing draft recommendations and public notice content for
Community Advisory Committee meeting,the public, and interest groups.
6.4 Present to the CAC for feedback/consultation;Prepare CAC meeting notes.
6.5 Develop final draft deliverable including final versions of the reports from Tasks 2-6, an Executive
Summary, and appendices with all relevant supplemental material.
Total Consultant Hours Task 6 58
Total Consultant Fee $10,000.00
Task 7. Plan Adoption (February 1, 2021—May 31, 2021)
7.1 Review and comment on staff report for the Housing Needs Analysis and related Comprehensive
Plan amendments.
7.2 Co-present report and findings with staff at Planning Commission and City Council hearings.
Total Consultant Hours Task 7 10
Total Consultant Fee $3,000.00
Total Consultant Hours Housing Needs Analysis 360
Total Consultant Fee Tasks 1-7 $60,000.00
Housing Needs Analysis Assumptions about Coordination with City Staff
• City staff will provide background documents,housing and permit data, and GIS data to support the
HNA.
• City staff to organize and convene CAC, coordinate CAC meetings, and place all meeting notices.
• City staff to lead Plan Adoption.
• Task 7 assumes $1,800 in travel expenses for Mosaic staff to attend public hearings in person.
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THISFORMMUSTACCOMPANYEVERYCONTRACT) C210004
Contract Title: River Terrace West and South Concept Planning Number:
M
Contractor: Otak Contract Total: $499,008.00
Contract Overview: Consultant services for concept planning of River Terrace West
and South Urban Reserve Areas.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps:
Risk Comments: Accepting umbrella coverage. Q. Curran's email on file)
Risk Signature:
Contract Manager: Schuyler Warren Ext: 2437 Department: CD
Type: ❑ Personal Svc ® Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
❑ Other: Start Date: End Date:
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Otak 518
Pacific Community Design 491
Angelo Planning Group 423
Ankrom Moisan Architects 400
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY FY21-22 100-3000-54001 $499,008.00
FY
FY
FY
FY
Mprovals - LCRB Date:July 7, 2020
Department Comments:
Department Signature:
Purchasing Comments:Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Otllce along with a
completed Contract Checklist.
Contract # C210004
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
RIVER TERRACE WEST AND SOUTH CONCEPT PLANNING
THIS AGREEMENT,made and entered into this eighth day of July 2020,by and between the City
of Tigard, a municipal corporation, hereinafter referred to as the "City," and Otak, Inc, hereinafter
referred to as the "Contractor."
RECITALS
WHEREAS, the City's Fiscal Year 2021 budget provides for design and planning services for the
River Terrace West and South Concept Planning 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 planning 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 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 Four Hundred Ninety-Nine Thousand and 08/100 Dollars
($499,008.00) without prior written authorization. The "not to exceed" amount includes
all payments to be made pursuant to this Agreement,including reimbursable expenses,if
any. 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 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.
'n 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
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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 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
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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
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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.
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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
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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
OR
ContractsPurchasingktigard-or.gov
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 TIGAR OTAK,INC.
Attn: Schuyler Warren Attn: Serah Breakstone
Address: 13125 SW Hall Blvd Address: 808 SW Third Ave, Suite 800
Tigard, OR 97223 Portland, OR 97204
Phone: (503) 718-2437 Phone: (503) 415-2307
Email: schuylerwntigard-or.gov Email: serah.breakstone(kotak.com
Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when
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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 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
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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 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
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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 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.
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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.
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
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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 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 July 7, 2020
meeting.
CITY OF TIGARD Otak,Inc.
oa"
B
Name: Mar1y Wine Name: Chad Weiser
Title: City Manager Title: Principal
Date: 7/7/2020 Date: 7/6/2020
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EXHIBIT A
SCOPE OF SERVICES
Task 1. Project Kickoff& Coordination (July 8, 2020—June 1, 2021)
Consultant Deliverable(s) Assumptions
a. Attend and facilitate kickoff meeting - One 2-hour virtual kick-off meeting
b. Attend and facilitate PMT meetings - PMT meetings held virtually
c. Draft and final project management plan - Assumes one round of project management plan review by
d. Monthly reports(14) PMT
- One project progress report per month for 14 months
Total Consultant Hours Task 1 236
Total Consultant Fee $39,368.82
Task 2. Community Engagement Tasks (July 8,2020—June 1, 2021)
Subtask 2.1 Community Engagement Plan
Consultant Deliverable(s) Assumptions
a. Prepare a Community Engagement Plan that includes at - Consultant team is primarily responsible for organizing and
a minimum the following elements: facilitating public engagement activities with limited support
• Community engagement goals from City staff
• Community input desired - City PM attends all TAC and CAC meetings and virtual open
• Key messages houses
• Key stakeholders
- Targeted support from technical team at TAC meetings
• Demographics analysis for the project area,City of
Tigard and Washington County Consultant Lead: JLA
• Detailed descriptions of COVID-19 Adapted
Community Engagement Strategies,schedule,and
responsible parties for the following:
Task 2.2 Technical Advisory Committee
Task 2.3 Community Advisory Committee
Task 2.4 Online Open Houses
Task 2.5 Podcast Series
Task 2.6 Spanish Language outreach
Task 2.7 Community groups outreach,including
best practices for communicating with each group
Task 2.8 Stakeholder emails and press releases
Task 2.9 Print and online media strategies
Task 2.10 Social media and city website
Task 2.11 Newsletters and factsheets
Task 2.12 On-site engagement at popular
destinations
• Measures of success
• Opportunities to coordinate outreach with the Kine
City Master Plan project
b. Draft Plan to City within 14 days of NTP
C. Final Plan to City within 7 days of edits received by City.
Total Consultant Hours Task 2.1 18
Total Consultant Fee $2,470.64
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Subtask 2.2. Technical Advisory Committee (TAC) Meetings
Consultant Deliverable(s) Assumptions
a. Conduct a minimum of four TAC meetings -City will convene the Technical Advisory Committee
b. Develop meeting agendas for up to four(4)TAC -Preliminary meeting plans and objectives will be determined
meetings during the development of the Community Engagement Plan
c. Meeting summary for up to four(4)TAC meetings -Specific agendas will be developed in consultation with the
City
-All meetings will be held online and hosted by Contractor
Consultant Lead: Otak
Total Consultant Hours Task 2.2 44
Total Consultant Fee $8,016.00
Subtask 2.3. Community Advisory Committee (CAC) Meetings
Consultant Deliverable(s) Assumptions
a. Meeting agendas for up to five (5) CAC meetings -City will lead the formation if the CAC
b. Meeting summary for up to five (5) CAC meetings -Preliminary meeting plans and objectives will be determined
c. All meetings will include a public comment period to be during the development of the Community Engagement Plan
promoted through project communications at least five in Task 2.2
(5) days prior to each meeting. -Specific agendas will be developed in consultation with the
City
-All meetings will be held online and hosted by Consultant.
Consultant Lead: JLA
Total Consultant Hours Task 2.3 76
Total Consultant Fee $10,921.30
Subtask 2.4. Online Open Houses
Consultant Deliverable(s) Assumptions
a. Meeting plan for up to three(3) online open house -Online open house goals,content and questions for the
events public will be outlined in an online event-specific plan in
b. Development and management of up to three(3)online consultation with the city.
open house events -Online events will provide information or updates on the
c. Meeting summary for up to three(3)online open house project and solicit community feedback
events -Events may be developed on StoryMaps or on JLA's online
d. All feedback received through the online events will be open house platform
summarized by Contractor within five (5)days of the
conclusion of each event
Consultant Lead: JLA
Total Consultant Hours Task 2.4 102
Total Consultant Fee $15,795.84
Subtask 2.5. Podcast Series
Consultant Deliverable(s) Assumptions
a. Consultant will produce up to three(3) topical podcast -Each podcast is expected to be no more than 15 minutes in
episodes around the topics of 1)housing,2) duration.
transportation,3)natural resources. -Community members will be encouraged to call a project
b. Each podcast will include a project introduction,feature hotline number to provide their thoughts on a voicemail for
community voices discussing each topic and information each topic.
from the project team on what's being considered with
each topic for the plan.
C. Consultant will call key stakeholders and record
interviews for audio to be included as appropriate. -
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d. Consultant will promote the hotline and topics via social
media,advertising and other project communications
e. Draft and final script for up to three(3)podcasts
f. Draft and final podcase episodes for up to three(3)
podcasts
Consultant Lead: JLA
Total Consultant Hours Task 2.5 55
Total Consultant Fee $6,161.77
Subtask 2.6. Spanish Language Outreach
Consultant Deliverable(s) Assumptions
a. Work with Unite Oregon or partner with local churches -Consultant will meaningfully engage community members
and community organizations to develop a Spanish who speak Spanish as their first language early on and
language outreach plan throughout the process.
b. Conduct up to four(4)meetings(virtually or by phone)
to gather community feedback on key project
considerations
c. A Spanish language outreach plan(to be included in the
Community Engagement Plan 2.1)
d. Summary notes from four(4)meetings
C. Translation of all printed materials up to three(3)
f. Translation of all online open house advertisements up
to three (3)
Consultant Lead: JLA
Total Consultant Hours Task 2.6 52
Total Consultant Fee $6,578.16
Subtask 2.7. Community Groups Outreach
Consultant Deliverable(s) Assumptions
a. Support City with community group outreach by sending -City will advise on the most effective ways to reach
customized email updated to key community groups community groups
b. Organize up to five(5)online meetings/phone calls with
key community groups at the onset of the project
c. Document findings and feedback resulting from
conversations in item b above.
d. Up to fifteen(15)custom email updates drafted and sent
to community groups
C. Meeting coordination of up to five(5)meetings/calls
with community groups
Consultant Lead: JLA
Total Consultant Hours Task 2.7 57
Total Consultant Fee $7,223.75
Subtask 2.8. Stakeholder Emails and Press Releases
Consultant Deliverable(s) Assumptions
a. Develop content and images for up to ten(10) -Stakeholder emails are expected to be sent to kick the project
stakeholder emails for the City to distribute off,to promotes online open houses and CAC meetings,and
b. Develop content for up to four(4)press releases for the to provide regular project updates
City to distribute -Press releases are expected to be developed to promote
c. Draft and final content for up to ten(10) stakeholder project milestones and online open house events
emails -Consultant will manage and maintain the project stakeholder
d. Draft and final content for up to four(4)press releases list
Consultant Lead: JLA
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Total Consultant Hours Task 2.8 47
Total Consultant Fee $6,217.65
Subtask 2.9. Print and Online Media Strategies
Consultant Deliverable(s) Assumptions
a. Identify print and online media advertising -An advertising strategy will be developed in the Community
recommendations Engagement Plan
b. Print and online media and advertising strategy,to be -City will purchase all print and online advertisements
included with Task 2.1
Consultant Lead: JLA
Total Consultant Hours Task 2.9 5
Total Consultant Fee $678.94
Subtask 2.10. Social Media and City Website
Consultant Deliverable(s) Assumptions
a. Develop content and images for up to ten(10) social City will post on its social media accounts
media posts. Social media posts will focus on kicking the project off,
promoting the podcase and project hotline,online open
houses,CAC meetings,and to provide regular project
updates
Consultant Lead: JLA
Total Consultant Hours Task 2.10 14
Total Consultant Fee $1,791.76
Subtask 2.11. Newsletters and Factsheets
Consultant Deliverable(s) Assumptions
a. Develop content and design for up to three(3)project Materials will promote project milestones with applicable
newsletters or factsheets. content
b. All printed material to be translated into Spanish Material to be mailed to city-approved mailing area
according to Task 2.6 Materials may be printed and mailed by the City,otherwise
printing and mailing will be a reimbursable Consultant
expense
Consultant Lead: JLA
Total Consultant Hours Task 2.11 47
Total Consultant Fee $5,859.14
Subtask 2.12. On-site Engagement at Popular Destinations
Consultant Deliverable(s) Assumptions
a. Recommend to the City other forms of project Advertisement strategies could include a-frame signs,posters
advertisement(s)in popular community destinations, or sidewalk decals
such as grocery stores,parks and natural areas,trails,etc. City is responsible for producing and distributing the
b. Content,design and coordination of up to one(1) on- advertising materials
site project engagement opportunity If coordinating with stakeholders like grocery store managers
is involved,Consultant will lead the coordination for
approval to display project materials on-site
On-site engagement could support building awareness of the
project or promote an online event and include a QR code
for people to safely link to project information quickly
Consultant Lead: JLA
Total Consultant Hours Task 2.12 12
Total Consultant Fee $1,532.66
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Total Hours Task 2 529
Total Task Fee $74,447.61
Tasks 3 & 4. Preliminary Land Use Plans —RT South and West
(September 29,2020—January 18,2021)
Consultant Deliverable(s) Assumptions
a. Housing elements,including: — Assumes the following preliminary special studies have
1. Conduct housing synthesis workshop been completed prior to Tasks 3 and 4:Transportation
2. Small Housing Typology memorandum System Analysis,Environmental Analysis,Utility Needs
3. Commercial Housing Typology memorandum Analysis,Commercial Market Analysis and Preliminary
4. Affordability scenarios Funding Strategy.
5. Full housing neighborhood designs(4 typologies) — Assumes the City can provide basic GIS data for the study
6. Evaluation criteria areas that can be used to produce base maps.
7. Coordinate housing elements into concept — Assumes the Housing Needs Analysis has been completed
alternatives either through this contract or a separate contract through
b. Conduct special studies synthesis workshop DLCD
c. Three RT South concept alternatives&three RT West — Assumes TAC and CAC review of Preliminary Land Use
concept alternatives,to include options for: plans prior to selection of preferred alternatives.
1. Land use intensity,housing opportunities
2. Non-residential uses
3. Multi-modal transportation and circulation network
4. Parks,open space and trails systems
5. Stormwater management and green infrastructure
6. Infrastructure,including water and sanitary sewer
7. Coordination with King City land use and
development plans
8. Protection of natural resources
d. Qualitative Evaluation Matrix for RT South and West,to
include:
1. Housing provision,including variety and
affordability
2. Anticipated economic performance
3. Parks and open space accessibility
4. Environmental performance
5. Neighborhood cohesiveness and community
placemaking
e. Preferred Alternative for RT South and West
Consultant Hours Task 3&4 986
Total Consultant Fee $159,218.00
Task 5 Special Studies (July 8,2020—February 8, 2021)
Subtask 5.1 Transportation Analysis
Consultant Deliverable(s) Assumptions
a. Draft South&West River Terrace Traffic Impact Study, — Due to COVI13I9 conditions,the
including: transportation baseline will be based on
1. Methodology&assumptions memo historical data trends.The same baseline will
2. Summary of alternatives&evaluation be used for the Tigard and King City TSP
3. Transportation system preliminary concept efforts.
4. Three preliminary alternatives for Beef Bend Rd. — Assumes use of the Westside Travel
alignment Demand Model developed by Washington
5. Preliminary cost estimates County.
b. Final South&West River Terrace Traffic Impact Study — Assumes final draft completed after
selection of Preferred Alternative Concept
Plans
Total Consultant Hours Task 5.1 200
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Total Consultant Fee $28,422.00
Subtask 5.2 Environmental Analysis
Consultant Deliverable(s) Assumptions
a. Preliminary Environmental Technical Memorandum,with — Assumes approximately 158 hours of on-site
associated mapping,for RT South and West,including: analysis to supplement,enhance and verify
1. Statewide Planning Goal 5 existing data sources
— Local Wetland Inventory(to be approved by the — Assumes City or Metropolitan Land Group
Department of State Lands"DSL") will be responsible for securing property
— Meeting with City and DSL owner permission to access properties
— Field work to LWI standards within the study area for on-site analysis.
— Determination of Significant Wetlands
— Report preparation and GIS products for DSL
approval
— Significant Tree Groves Determination
— Fieldwork
— Determination of Significance
— Meet with City
2. Metro Title 3
— Confirm accuracy of Metro Water Quality and Flood
Management Area Map
— Confirm boundaries of Water Quality Resource
Areas
— Protected Water Features(primary and
secondary)
— Vegetated corridor associated with Protected
Water Features (per Metro Code Table 3.07-3)
3. Title 13
— Confirm accuracy of Metro Habitat Conservation
Areas Map
— Revise HCA mapping where necessary to reflect
changes in land use since map completion
b. Final Environmental Technical Memorandum
Total Consultant Hours Task 5.2 448
Total Consultant Fee $51,072.00
Subtask 5.3 Utility Needs Analysis - Parks
Consultant Deliverable(s) Assumptions
a. Draft and final Parks Needs Analysis,including — This work will assume the same LOS
1. Assessment of existing conditions,existing and standards for parks and trails that were
planned parks and trails applied for the River Terrace Community
2. Evaluation of park and trail needs based on Tigard's Plan
level of service standards for amount and type of — Conceptual park and trail locations will be
park/trails space and input from community further developed during the preliminary
engagement/CAC outcomes land use plan tasks (Tasks 3 and 4)
3. Conceptual locations for parks and trails to meet City
standards and best practices for equitable distribution
4. Concepts for integrating parks and trails with
stormwater management approaches
5. Recommendations for parks and trails
implementation actions
Total Consultant Hours Task 5.3 60
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Total Consultant Fee $7,152.00
Subtask 5.4 Utility Needs Analysis -Water
Consultant Deliverable(s) Assumptions
a. Preliminary Water Utility Technical Memorandum,with — Final Water Utility Technical Memo will be
associated mapping for RT South and West,including: prepared after selection of the preferred
1. Summary of existing conditions alternatives in Tasks 3 and 4.
2. Water service needs analysis(projected water — Assumes one round of outside review of
demands and supply,storage,pumping,and draft memo
transmission needs (based on water demands and fire
flow requirements)
3. Preliminary water utility expansion/upgrades
mapping
4. Preliminary rough order of magnitude cost estimates
for identified improvements
b. Final Water Utility Technical Memorandum
Total Consultant Hours Task 5.4 42
Total Consultant Fee $8,592.00
Subtask 5.5 Utility Needs Analysis — Sanitary Sewer
Consultant Deliverable(s) Assumptions
a. Preliminary Sanitary Sewer Utility Technical — Final Sanitary Sewer Utility Technical Memo
Memorandum,with associated mapping for RT South and will be prepared after selection of the
West,including: preferred alternatives in Tasks 3 and 4.
1. Summary of existing conditions — Assumes one round of outside review of
2. Sanitary sewer service needs analysis (projected flows, draft memo
sewer basins/sub-basins,pumping,etc.),based on
water demands developed in the Water Utility analysis
3. Preliminary sanitary sewer utility expansion/upgrades
mapping
4. Preliminary rough order of magnitude cost estimates
for identified improvements
b. Final Sanitary Sewer Utility Technical Memorandum
Total Consultant Hours Task 5.5 58
Total Consultant Fee $12,148.00
Subtask 5.6 Utility Needs Analysis - Stormwater
Consultant Deliverable(s) Assumptions
a. Preliminary River Terrace Subbasin Strategy Update, — Brief description of existing drainage
including: patterns with photographs of downstream
1. Existing conditions problems that drive the need for a higher
2. Stormwater needs analysis level of stormwater management in River
3. High level cost estimates Terrace.
— Provide preliminary facility sites and sizes to
be considered with the land use planning.
b. Final River Terrace Subbasin Strategy Update — Subbasin Strategy adopted for River Terrace
will be expanded to include RT West and
South.The update will reference back to the
previous document,but include revised
maps showing the full River Terrace Area
and the updated application of the adopted
strategy to the landscape,including updated
figures and cost estimates.
19 1 Page
ProfSA Template-Revised 7/2019
— Stormwater system will need to work with
King City plan but may or may not be
closely coordinated with King City plan
depending on timing of their plan
development and decisions they make about
strategy.
Total Consultant Hours Task 5.6 190
Total Consultant Fee $24,244.00
Subtask 5.7 Commercial Market Analysis
Consultant Deliverable(s) Assumptions
a. Draft and Final Commercial Market Analysis,including: — Precedents and case studies will be roughly
1. Market trends for town-center commercial divided between local,regional and national
development examples.
2. Precedents and case studies — Recommendations likely to include:height
3. Data on regional absorption rates and density(maximums and minimums);
4. Forecasted market growth and absorption rates for commercial locations,orientation,tenants,
mixed-use,commercial,professional,and light and sizes;parking;use mix;timing;
manufacturing uses infrastructure provision;development
5. Constraints and opportunities analysis agreements/public private partnerships
6. Strategies and recommendations to support private
development of commercial uses
Total Consultant Hours 5.7 93
Total Consultant Fee $14,340.00
Subtask 5.8 Funding Strategy
Consultant Deliverable(s) Assumptions
a. Draft and Final Funding Strategy,including: — Infrastructure funding needs will include(at
1. List of infrastructure improvements to be funded a minimum)transportation,water,sewer,
2. Rough order of magnitude cost estimates for stormwater,schools and parks/trails
infrastructure improvements — Final Funding Strategy will be prepared after
3. Preliminary funding strategy,including estimated selection of preferred alternatives
supplemental SDCs
Total Consultant Hours Task 5.8 74
Total Consultant Fee $12,270.00
Total Hours Task 5 1,165
Total Fee $158,240.00
Task 6 Concept Plan Summary Report (February 9,2021—April 5, 2021)
Consultant Deliverable(s) Assumptions
a. Draft Concept Plan Summary Report,including: — Assumes one round of draft plan review by
1. Executive summary PMT,TAC and CAC
2. Introduction
3. Community engagement summary
4. Preliminary land use plans
5. Preferred alternatives
6. Final special studies
7. Title 11 compliance matrix
8. Appendices
b. Final Concept Plan Summary Report -
Total Consultant Hours Task 6 156
Total Consultant Fee $24,386.32 -
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ProfSA Template—Revised 7/2019
Task 7 Plan Adoption (April 6, 2021—May 31, 2021)
Consultant Deliverable(s) Assumptions
a. Attend and present at two project briefings with Planning — Two meetings @ 1.5 hours each
Commission and City Council
b. Attend and present at Planning Commission public
adoption hearing
c. Attend and present at City Council public adoption
hearing
d. Attend and present at two Metro staff briefings — Two meetings @ 1.5 hours each
Total Consultant Hours Task 7 51
Total Consultant Fee $8,347.00
Total Project Hours 3,123
Total Project Fee (w/out contingencies) $464,007.75
Task 8 Additional Services
Through the course of the project,additional tasks may be identified that are necessary or desirable for a better
project outcome.Additional services can include but are not limited to the following:
— Additional public engagement activities
— Additional analysis activities in Task 5
— Agency/service provider coordination meetings
— Revisions of products beyond the terms of the original scope
— Additional studies
— Additional environmental justice outreach
— Overview video to promote the overall project and how the community can get involved
— Plan and conduct one (1)public open house meeting when deemed safe by public official and key
stakeholders
Additional services may be conducted only upon prior approval by the City Project Manager and with specified
not-to-exceed budgets per contingency task.
Total Additional Services Fee $35,000.25
Total Project Fee(w/contingencies) ' $499,008.00 _
A Moog
General assumptions:
1. All meetings will be held via online platform unless an in-person contingency meeting is approved.
2. Consultant will maintain a Zoom Pro account to host virtual meetings and events.
Anticipated Reimbursable Expenses:
Zoom Pro account for 14 months to host virtual meetings,presentations,and other $209.86
engagement activities($14.99 per month @ 14 months) (included under Task 1)
Podcast production and delivery ask 2.5 $200.00
Spanish language translation ask 2.6 $1,000.00
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