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Scott L Edwards Architecture, LLP ~ C210022 CITY OF TIGARD-CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C210022a3 Contract Start Date: 8/19/21 Contract End Date: 6/30/22 Contract Title: Public Works Facility and Yard Project Contractor Name: Scott Edwards Architecture,LLP Contract Manager: Rob Murchison Department: PW Contract Costs Original Contract Amount: $200,000.00 Total All Previous Amendments: $48,750.00 Total of this Amendment: $88,050 Total Contract Amount: $336,800.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: N/A LCRB Date: 9/14, 2021 Account String: Fund-Division-Account Work Order—Activity Tyke Amount FY 22 400 8000 56005 91021 $88,050.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Mato--�S-f4�4 -2.wy Comments: Time extension, add additional scope and additional funds. . DocuSign Routing Route for Signature Name Email Address Contractor Sid L. Scott sid@seallp.com City of Tigard Steve Ryner Final Distribution Contractor Sid L. Scott Sid@seaUp.com Project Manager Joseph Barrett Rob Murchinson Brian Rager Shauna Large Buyer Machelle Stephens DocuSign Envelope ID:2573E34C-OB09-41AO-96DB-5C82ED26AF78 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT C210022 PUBLIC WORKS FACILITY AND YARD PROJECT AMENDMENT #3 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Scott I Edwards Architecture, LLP, hereinafter referred to as Contractor, entered into on the 13`' day of August,2020,is hereby amended as follows: 2. Effective Date and Duration This Agreement is effective upon the date of execution and expires on June 30,2022 , 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 Two Hundred Eighty-Eight Thousand Fifty and No/100 Dollars ($288,050.00) without prior written authorization. The "not to exceed" amount includes all payments to be made pursuant to this Agreement,including reimbursable expense, 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 that the "not to exceed" amount. All payments shall be based on the hourly rates detailed in the Contractor's attached proposals. EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide the following additional professional services under this Agreement: The services include concept level architectural and civil engineering services as outlined below. These services are intended to evaluate industrial sites located throughout the Tigard area and assist the Public Works Department in understanding the regulatory requirements for the potential development of these properties. Task VI - Site Identification & Research A. For each potential site, limited to a maximum of four; 1. Gather information from City of Tigard and other local jurisdictions and service providers related to the subject property and adjacent properties including surveys, plans, as-built documents, studies, and ordinances that may impact the planning and layout of the subject properties. 2. Determine the type of land use and development services review process that will be required. Identify potential regulatory or environmental issues. 3. Review requirements for stormwater management,water, fire, and sanitary sewer services to the subject properties. 4. Conduct a site visit to document and map existing conditions and prepare a site assessment. 5. Review potential site opportunities and constraints. Provide recommendations for potential mediation for constraints. 6. Prepare a draft conceptual site plan based on the Tigard Public Works Master Plan. 7. Rank each potential site based on the scoring criteria summarized in the Tigard Public Works Master Plan. C210022 Page 1 of 2 DocuSign Envelope ID:2573E34C-OB09-41AO-96DB-5C82ED26AF78 8. Consider phasing options. 9. Discuss potential cost implications for each site. Do a high level estimate to see if the site is suitable and warrants further exploration. Task VII - Conceptual Site Plan & Zoning Analysis, limited to one site; A. Coordinate with City of Tigard's on call surveyor and geotechnical engineer for the development and delivery of a site survey,preliminary soils and environmental investigation. B. Utilizing the provided site survey, develop a conceptual site plan. The site plan will be based on the previously completed space program. The site plan will be used for discussion with Clean Water Services and the City of Tigard Community Development and Engineering Departments. Building designs will be limited to general massing and orientation. C. Coordinate and attend preliminary design meetings with Clean Water Services. Assumes (2) meetings. D. Coordinate and attend preliminary design meetings with City of Tigard Community Development and Engineering Department. Assumes (2) meetings. E. Provide a zoning summary and detailed outline of the anticipated permitting processes for the development of the new Operations Complex. F. Identify design and construction challenges. G. Review and update the previously completed project budget as needed. Task VII - Concept Civil Engineering Support,limited to one site A. Review and establish approach related to code and regulatory requirements, environmental impacts, public frontage improvements,general stormwater impacts,and preliminary site utility considerations. B. Assist in developing site access, circulation,parking layout and site storage configuration. C. Concept level utility coordination, stormwater management, and site grading. D. Attend preliminary design meetings with Clean Water Services and City of Tigard Engineering. 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 SCOTT I EmARDS ARCHITECTURE,LLP D—Signed by: DO—Signed by: Shy,I�KIu� �id,L• ScaH- 6134F6F662204Cg... LSZgi60Z6F ... Signature Signature Steve Rymer Sid L. Scott Printed Name Printed Name 9/23/2021 9/23/2021 Date Date C210022 Page 2 of 2 CITY OF TIGARD-CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C210022a3 Contract Start Date: 8/19/21 Contract End Date: 6/30/22 Contract Title: Public Works Facility and Yard Project Contractor Name: Scott Edwards Architecture,LLP Contract Manager: Rob Murchison Department: PW Contract Costs Original Contract Amount: $200,000.00 Total All Previous Amendments: $48,750.00 Total of this Amendment: $88,050 Total Contract Amount: $336,800.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: N/A LCRB Date: 9/14, 2021 Account String: Fund-Division-Account Work Order—Activity Tyke Amount FY 22 400 8000 56005 91021 $88,050.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Mato--�S-f4�4 -2.wy Comments: Time extension, add additional scope and additional funds. . DocuSign Routing Route for Signature Name Email Address Contractor Sid L. Scott sid@seallp.com City of Tigard Final Distribution Contractor Sid L. Scott Sid@seaUp.com Project Manager Joseph Barrett Rob Murchinson Brian Rager Buyer Machelle Stephens DocuSign Envelope ID:2573E34C-OB09-41AO-96DB-5C82ED26AF78 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT C210022 PUBLIC WORKS FACILITY AND YARD PROJECT AMENDMENT #3 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Scott I Edwards Architecture, LLP, hereinafter referred to as Contractor, entered into on the 13`' day of August,2020,is hereby amended as follows: 2. Effective Date and Duration This Agreement is effective upon the date of execution and expires on June 30,2022 , 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 Two Hundred Eighty-Eight Thousand Fifty and No/100 Dollars ($288,050.00) without prior written authorization. The "not to exceed" amount includes all payments to be made pursuant to this Agreement,including reimbursable expense, 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 that the "not to exceed" amount. All payments shall be based on the hourly rates detailed in the Contractor's attached proposals. EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide the following additional professional services under this Agreement: The services include concept level architectural and civil engineering services as outlined below. These services are intended to evaluate industrial sites located throughout the Tigard area and assist the Public Works Department in understanding the regulatory requirements for the potential development of these properties. Task VI - Site Identification & Research A. For each potential site, limited to a maximum of four; 1. Gather information from City of Tigard and other local jurisdictions and service providers related to the subject property and adjacent properties including surveys, plans, as-built documents, studies, and ordinances that may impact the planning and layout of the subject properties. 2. Determine the type of land use and development services review process that will be required. Identify potential regulatory or environmental issues. 3. Review requirements for stormwater management,water, fire, and sanitary sewer services to the subject properties. 4. Conduct a site visit to document and map existing conditions and prepare a site assessment. 5. Review potential site opportunities and constraints. Provide recommendations for potential mediation for constraints. 6. Prepare a draft conceptual site plan based on the Tigard Public Works Master Plan. 7. Rank each potential site based on the scoring criteria summarized in the Tigard Public Works Master Plan. C210022 Page 1 of 2 DocuSign Envelope ID:2573E34C-OB09-41AO-96DB-5C82ED26AF78 8. Consider phasing options. 9. Discuss potential cost implications for each site. Do a high level estimate to see if the site is suitable and warrants further exploration. Task VII - Conceptual Site Plan & Zoning Analysis, limited to one site; A. Coordinate with City of Tigard's on call surveyor and geotechnical engineer for the development and delivery of a site survey,preliminary soils and environmental investigation. B. Utilizing the provided site survey, develop a conceptual site plan. The site plan will be based on the previously completed space program. The site plan will be used for discussion with Clean Water Services and the City of Tigard Community Development and Engineering Departments. Building designs will be limited to general massing and orientation. C. Coordinate and attend preliminary design meetings with Clean Water Services. Assumes (2) meetings. D. Coordinate and attend preliminary design meetings with City of Tigard Community Development and Engineering Department. Assumes (2) meetings. E. Provide a zoning summary and detailed outline of the anticipated permitting processes for the development of the new Operations Complex. F. Identify design and construction challenges. G. Review and update the previously completed project budget as needed. Task VII - Concept Civil Engineering Support,limited to one site A. Review and establish approach related to code and regulatory requirements, environmental impacts, public frontage improvements,general stormwater impacts,and preliminary site utility considerations. B. Assist in developing site access, circulation,parking layout and site storage configuration. C. Concept level utility coordination, stormwater management, and site grading. D. Attend preliminary design meetings with Clean Water Services and City of Tigard Engineering. 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 SCOTT I EmARDS ARCHITECTURE,LLP D—Signed by: DO—Signed by: Shy,I�KIu� �id,L• ScaH- 6134F6F662204Cg... LSZgi60Z6F ... Signature Signature Steve Rymer Sid L. Scott Printed Name Printed Name 9/23/2021 9/23/2021 Date Date C210022 Page 2 of 2 CITY OF TIGARD-CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C210022 Amd 1 Contract Start Date: 8/19/21 Contract End Date: 6 30 21 Contract Title: Public Works Facility and Yard Project Contractor Name: Scott Edwards Architecture,LLP Contract Manager: Rob Murchison Department: PW Contract Costs Original Contract Amount: $200,000.00 Total All Previous Amendments: 0.00 Total of this Amendment: $48,750.00 Total Contract Amount: $248,750.00 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 21 400-8000-56005 91021 $48,750.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: �� L — Comments: CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT PUBLIC WORKS FACILITY AND YARD PROJECT-PHASE 1 PLANNING,ACQUISITION ASSISTANCE,AND CONSTRUCTION COST ESTIMATE AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Scott I Edwards Architecture, LLP, hereinafter referred to as Contractor, entered into on the 13`" day of August 2020,is herebv amended as follows: 3. Compensation A. The maximum that Contractor may be paid on this Agreement is hereafter the"not to exceed"amount of Two Hundred Forty-Eight Thousand Seven Hundred Fifty and No/100 Dollars ($248,750.00) 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. All payments shall be based on the hourly rates detailed in the Contractor's attached proposal. EXHIBIT A SCOPE OF SERVICES SCOPE OF ADDITIONAL SERVICES The additional services include concept level architectural and civil engineering services as outlined below. These services are intended to further evaluate the industrial site locate at 8200 SW Hunziker Road in Tigard and assist the Public Works Department in understanding the regulatory requirements for the potential development of the property. 1. Conceptual Site Plan & Zoning Analysis—Approximate Fee = $41,050 A. Develop a conceptual site plan. The site plan will be based on the previously completed space program. The site plan will be used for discussion with Clean Water Services and the City of Tigard Community Development and Engineering Departments. Building designs will be limited to general massing and orientation. B. Coordinate and attend preliminary design meetings with Clean``Dater Services.Assumes (2) meetings. C. Coordinate and attend preliminary design meetings with City of Tigard Community Development and Engineering Department.Assumes (2) meetings. D. Provide a zoning summary and detailed outline of the anticipated permitting processes for the development of the new Operations Complex. E. Identify design and construction challenges. F. Review and update the previously completed project budget as needed. 2. Concept Civil Engineering Support—Approximate Fee = $7,700 A. Review and establish approach related to code and regulatory requirements, environmental impacts, public frontage improvements,general stormwater impacts,and preliminary site utility considerations. B. Assist in developing site access, circulation, parking layout and site storage configuration. C. Concept level utility coordination, stormwater management, and site grading. D. Attend preliminary design meetings with Clean Water Services and City of Tigard Engineering. 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 SCOTT I FeDWARDS ARCHITECTURE,LLP Signature Signature Steve Rymer 0 [*,e Printed Fame Printed Name 04/22/2021 4" �" I G ' �, Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUSTACCOMPANYEVERYCONTRACT) Contract Title: PW Facility/Yard—Phase 1 Number: Contractor: Scott I Edwards Architecture,LLP Contract Total: $200,000.00 Contract Overview: Consultant will provide services related to Phase 1 of the PW Facility/Yard project including_project management,programming review,master planning, site selection and acquisition, conceptual design and cost estimating. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low Risk Reduction Steps: Standard Insurance Levels Included Risk Comments: Risk Signature: Contract Manager: Rob Murchison Ext: 2699 Department: PW Type: ❑ Personal Svc ® Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase ❑ Other: Start Date: signatures End Date:Tune 30, 2021 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Five firms... all scores on file S I E A, FFA,LRS, CIDA,MWA Account String: Fund-Division-Account Work Order—ActivitXTT=e Amount FY 2021 400-8000-56005 91021 $200,000 FY FY FY FY Approvals - LCRB Date: Not Required Department Comments: Ok... Department Signature: Z. Sanwa Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND YARD PROJECT-PHASE 1 PLANNING,ACQUISITION ASSISTANCE,AND CONSTRUCTION COST ESTIMATE SERVICES THIS AGREEMENT, made and entered into this 19`' day of August, 2020, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Scott I Edwards Architecture,LLP, hereinafter referred to as the "Contractor." RECITALS WHEREAS, the City's 2021 Fiscal Year budget provides for architectural services for Phase 1 of the Public Works Facility and Yard project;and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the program of the City; and WHEREAS, the City desires to engage the Contractor to render professional services for the project described in this Agreement, and the Contractor is willing and qualified to perform such services; THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as follows: 1. Scope of Services Contractor will perform professional services in accordance with the terms and conditions set forth herein,and as provided in Exhibit A,which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This Agreement is effective upon the date of execution and expires on 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 Two Hundred Thousand and No/100 Dollars ($200,000.00) 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. All payments shall be based on the hourly rates detailed in the Contractor's attached proposal. 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. 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 2020 PrSA—PW Yard and Facility—Phase 1 2 1 P A e 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 2020 PrSA—PW Yard and Facility—Phase 1 3 1 P a e 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 2020 PrSA—PW Yard and Facility—Phase 1 4 1 P ,i t 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 53,000,000 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$2,000,000,or the equivalent. Annual aggregate limit may not be less than$3,000,000 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. 2020 PrSA—PW Yard and Facility—Phase 1 5 1 P a e 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 2020 PrSA—PW Yard and Facility—Phase 1 6 1 t' , e document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. J. Primary Coverage Clarification The parties agree that Contractor's coverage is primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability,professional liability,pollution,and errors and omissions policies required by this Agreement. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance will not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 10. Method& Place of Submitting Notice, Bills, and Payments All notices,bills and payments will be made in writing and may be given by personal delivery, mail,or by fax. Payments may be made by personal delivery,mail,or electronic transfer. The following addresses will be used to transmit notices,bills, payments, and other information: CITY OFCOTT I EDWARDS ARCHITECTURE,LLP Attn: Rob Murchison, .Asst PW Director \ttn: Sid Scott Address: 13125 SW Hall Blvd Address: 2525 E Burnside Street Tigard, OR 97223 Portland, Oregon 97214 Phone: (503) 718-2699 Phone: (503) 226-3617 Email: robmQdgard-or.gov Email: sid e,seallp.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 2020 PrSA—PW Yard and Facility—Phase 1 7 1 1' person to who notices, bills, and payments are to be given by giving written notice pursuant to this paragraph. 11. Survival The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. 12. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement will be effective unless and until it is made in writing and signed by both parties. 13. Termination Without Cause At any time and without cause, City has the right in its sole discretion to terminate this Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. 14. Termination for Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this Agreement under paragraph (A) will be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement or fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 2020 PrSA—PW Yard and Facility—Phase 1 8 1 !' The rights and remedies of City provided above related to defaults (including breach of contract) by Contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Contractor will be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, provided, that the City may deduct the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 15. Access to Records City will have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 16. Hazardous Materials Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical under normal conditions of use(for example,employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheet, the identity of the chemical/s, how Contractor will inform employees about any precautions necessary,an explanation of any labeling system, and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or mark such goods. 17. Force Majeure Neither City nor Contractor will be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each party will,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 18. Non-Waiver The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 2020 PrSA—PW Yard and Facility—Phase 1 9 1 I' 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. 2020 PrSA—PW Yard and Facility—Phase 1 10 1 1' << e 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. ComFliance 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. 2020 PrSA—PW Yard and Facility—Phase 1 111 P e 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 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. CITY OFT ARD SCOTT I EDWARDS ARCHITECTURE,LLP Si natures: Si nature • Name: Martha Wine Name: • Tide: City Manager Tide: ly�71 Date: 9/1/2020 Date: 2020 PrSA—PW Yard and Facility—Phase 1 12 1' a e EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide professional services as described below: 1. Task 1—Project Management A. Coordinate with the City PW Dept. management,Project Manager,City Facility Project Team, and other identified staff. B. Coordinate scope, schedule and projected cost with the City's All-In-One Plus project. C. Manage subcontractors. D. Provide a project critical path schedule outlining milestones, projected timelines, deliverables and City staff resources required. E. Provide change management capabilities in order to manage firm and city staff, and project scope and schedule. F. Maintain control over the project schedule and budget and report monthly to the City on project progress. G. Provide bi-weekly meeting agendas and subsequent notes. H. Prepare materials and provide a minimum of four management staff and/or council meetings. I. Assist City communication staff in providing materials and attending a minimum of two public meetings. J. Assist the City's on-going property identification and potential acquisition efforts. This includes a minimum of five meetings with the project team. 2. Task II —Existing Programming Review and Update A. Review the historical documents provided. B. Review the current primary PW facility and other sites and facilities currently housing PW employees or operations. C. Meet with the PW Dept Management staff to better understand operations. D. Conduct interviews with stakeholders identified, including but not limited to PW Dept personnel. E. Review and understand current operational structure and organization. 3. Task III —Master Plan A. Determine area needs for adequate work and shop space, office space, meeting rooms, breakrooms, locker and shower areas, decontamination area, covered and uncovered equipment and material storage, disposal and decant areas, and vehicle and staff parking. B. Research and inform the City staffing about public works operational and facility trends. 4. Task IV - Site Selection and Property Acquisition Assistance (maximum of five potential future sites) A. Review existing and historical aerial photography. B. Review land survey and Phase I Environmental Site Assessments. C. Conduct site visits to document and map existing conditions to prepare a site assessment. D. Review and understand regulatory requirements. 2020 PrSA—PW Yard and Facility—Phase 1 13 1 1' : r E. Review potential site constraints (including but not limited to) and provide recommendations to mediate impacts 1) Archaeological concerns 2) Geotechnical 3) Available land area for facilities or operations 4) Site functionality 5) Land use 6) Ad)oining and surrounding land use 7) Points of access and access constraints 8) utility rights-of-way and crossings, including requirements, costs and liabilities 9) Existing easements/encumbrances 10) Availability of utilities to serve the proposed site 11) Identify off site required right of way improvements 5. Task V—Conceptual Designs/Cost Estimates (maximum three alternative concepts) A. Prepare report of findings from Task IV B. Prepare designs and management analysis with phasing recommendations, schedule and cost estimates for each concept. Cost estimates shall include soft cost and escalation as well as assumptions for each. C. Create architectural renderings of selected alternatives to inform staff and elected officials 2020 PrSA—PW Yard and Facility—Phase 1 14 1 P EXHIBIT B CONTRACTOR'S PROPOSAL 2020 PrSA—PW Yard and Facility—Phase 1 15 1 I' e CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUSTACCOMPAWEVERY CONTRACT Contract Title: PW Facility/Yard—Phase 1 Number: C210022 Contractor: Scott I Edwards Architecture, LLP Contract Total: $200,000.00 Contract Overview: Consultant will provide services related to Phase 1 of the PW Facility/Yard project including project management,12rogramming review, master planning, site selection and acquisition, conceptual design and cost estimating. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low Risk Reduction Steps: Standard Insurance Levels Included Risk Comments: Risk Signature: Contract Manager: Rob Murchison Ext: 2699 Department: PW Type: ❑ Personal Svc ® Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase ❑ Other: Start Date: signatures End Date:Tune 30, 2021 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Five firms... all scores on file S I E A, FFA,LRS, CIDA,MWA Account String: Fund-Division-Account Work Order—Activit:T3:12e Amount FY 2021 400-8000-56005 91021 $200,000 FY FY FY FY Approvals - LCRB Date: Not Required Department Comments: Ok... Department Signature: ,9a (Z, Favw& Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# C210022 CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT PUBLIC WORKS FACILITY AND YARD PROJECT-PHASE 1 PLANNING,ACQUISITION ASSISTANCE,AND CONSTRUCTION COST ESTIMATE SERVICES THIS AGREEMENT, made and entered into this 19`' day of August, 2020, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Scott I Edwards Architecture, LLP, hereinafter referred to as the "Contractor." RECITALS WHEREAS, the City's 2021 Fiscal Year budget provides for architectural services for Phase 1 of the Public Works Facility and Yard project;and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the program of the City; and WHEREAS, the City desires to engage the Contractor to render professional services for the project described in this Agreement,and the Contractor is willing and qualified to perform such services; THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as follows: 1. Scope of Services Contractor will perform professional services in accordance with the terms and conditions set forth herein,and as prpvided 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 Two Hundred Thousand and No/100 Dollars ($200,000.00) 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. All payments shall be based on the hourly rates detailed in the Contractor's attached proposal. 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. 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 2020 PrSA—PW Yard and Facility—Phase 1 2 1 [' 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 "DYF" 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 2020 PrSA—PW Yard and Facility—Phase 1 3 1 P a e third party) as a result of said Ending 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 30.263. 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 2020 PrSA—PW Yard and Facility—Phase 1 4 1 I' , 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$2,000,000,or the equivalent. Annual aggregate limit may not be less than$3,000,000 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. 2020 PrSA—PW Yard and Facility—Phase 1 5 1 P _ e 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 2020 PrSA—PW Yard and Facility—Phase 1 6 1 t' . e document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. J. Primary Coverage Clarification The parties agree that Contractor's coverage is primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability,professional liability,pollution,and errors and omissions policies required by this Agreement. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance will not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 10. Method& Place of Submitting Notice,Bills, and Payments All notices, bills and payments will be made in writing and may be given by personal delivery, mail, or by fax. Payments may be made by personal delivery,mail,or electronic transfer. The following addresses will be used to transmit notices,bills, payments, and other information: TIGARD CQ TT I EDWARDS ARCHITX&XU E,LLP Attn: Rob Murchison,Asst PW Director Attn: Sid Scott Address: 13125 SW Hall Blvd Addres>: 2525 E Burnside Street Tigard,OR 97223 Portland,Oregon 97214 Phone: (503) 718-2699 Phone: (503) 226-3617 Email: robmQtigard-or.gov Email: sid@seallp.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 2020 PrSA—PW Yard and Facility—Phase 1 7 !' person to who notices, bills, and payments are to be given by giving written notice pursuant to this paragraph. 11. Survival The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. 12. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement will be effective unless and until it is made in writing and signed by both parties. 13. Termination Without Cause At any time and without cause, City has the right in its sole discretion to terminate this Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. 14. Termination for Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor,its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this Agreement under paragraph (A) will be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement or fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 2020 PrSA—PW Yard and Facility—Phase 1 8 1 [' 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 OSTIA and Oregon OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical under normal conditions of use(for example,employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheet, the identity of the chemical/s,how Contractor will inform employees about any precautions necessary,an explanation of any labeling system, and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or mark such goods. 17. Force Majeure Neither City nor Contractor will be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood,epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each party will, however,make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 18. Non-Waiver The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 2020 PISA—PW Yard and Facility—Phase 1 9 1 I' c 19. Hours of Labor,Pay Egg4 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. 2020 PrSA—PW Yard and Facility—Phase 1 10 1 P 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. 2020 PrSA—PW Yard and Facility—Phase 1 11 1' e 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 the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may terminate the Agreement. 30. Comj2liance 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. CITY OF T ARD SCOTT I EDWARDS RCHITECTURE,LLP Si nature,: Si nature Martha Wine Name: Name: — Tide: ame:Title: City Manager Title: Date: 9/1/2020 Date: 2020 PrSA—PW Yard and Facility—Phase 1 12 1' .i EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide professional services as described below: 1. Task 1—Project Management A. Coordinate with the City PW Dept. management,Project Manager,City Facility Project Team, and other identified staff. B. Coordinate scope, schedule and projected cost with the City's All-In-One Plus project. C. Manage subcontractors. D. Provide a project critical path schedule outlining milestones,projected timelines, deliverables and City staff resources required. E. Provide change management capabilities in order to manage firm and city staff, and project scope and schedule. F. Maintain control over the project schedule and budget and report monthly to the City on project progress. G. Provide bi-weekly meeting agendas and subsequent notes. H. Prepare materials and provide a minimum of four management staff and/or council meetings. I. Assist City communication staff in providing materials and attending a minimum of two public meetings. J. Assist the City's on-going property identification and potential acquisition efforts. This includes a minimum of five meetings with the project team. 2. Task II—Existing Programming Review and Update A. Review the historical documents provided. B. Review the current primary PW facility and other sites and facilities currently housing PW employees or operations. C. Meet with the PW Dept Management staff to better understand operations. D. Conduct interviews with stakeholders identified, including but not limited to PW Dept personnel. E. Review and understand current operational structure and organization. 3. Task III—Master Plan A. Determine area needs for adequate work and shop space, office space, meeting rooms, breakrooms, locker and shower areas, decontamination area, covered and uncovered equipment and material storage,disposal and decant areas, and vehicle and staff parking. B. Research and inform the City staffing about public works operational and facility trends. 4. Task IV - Site Selection and Property Acquisition Assistance (maximum of five potential future sites) A. Review existing and historical aerial photography. B. Review land survey and Phase I Environmental Site Assessments. C. Conduct site visits to document and map existing conditions to prepare a site assessment. D. Review and understand regulatory requirements. 2020 PrSA—PW Yard and Facility—Phase 1 13 1 P c E. Review potential site constraints (including but not limited to) and provide recommendations to mediate impacts 1) Archaeological concerns 2) Geotechnical 3) Available land area for facilities or operations 4) Site functionality 5) Land use 6) Adjoining and surrounding land use 7) Points of access and access constraints 8) Utility rights-of-way and crossings, including requirements, costs and liabilities 9) Existing easements/encumbrances 10) Availability of utilities to serve the proposed site 11) Identify off site required right of way improvements 5. Task V—Conceptual Designs/Cost Estimates (maximum three alternative concepts) A. Prepare report of findings from Task IV B. Prepare designs and management analysis with phasing recommendations, schedule and cost estimates for each concept. Cost estimates shall include soft cost and escalation as well as assumptions for each. C. Create architectural renderings of selected alternatives to inform staff and elected officials 2020 PrSA—PW Yard and Facility—Phase 1 14 1 1' EXHIBIT B CONTRACTOR'S PROPOSAL 2020 PrSA—PW Yard and Facility—Phase 1 15 l.'