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RCH Studios ~ C200076 CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200076a6 Contract Start Date: 3/11/20 Contract End Date: 06/30/2023 Contract Title: Universal Plaza Design Contractor Name: RIOS Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $643,300.00 Total All Previous Amendments: $508,520.00 Total of this Amendment: $0 Total Contract Amount: $1,162,820.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: 2020 Universal Plaza Design LCRB Date: 11/1/22 Account String: Fund-Division-Account Work Order – Activity Type Amount FY 23 Contracts & Purchasing Approval Purchasing Signature: Comments: Time Extension only DocuSign Routing Route for Signature Name Email Address Contractor Peter Emerson pemerson@rios.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Peter Emerson pemerson@rios.com Project Manager Sean Farrelly sean@tigard-or.gov cc: Vanessa Robinson vrobinson@sojpdx.com Buyer Marcos Campos marcos.campos@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200076a5 Contract Start Date: 3/11/20 Contract End Date: 12/31/22 Contract Title: Universal Plaza Design Contractor Name: RIOS Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $643,300.00 Total All Previous Amendments: $508,520.00 Total of this Amendment: $11,000.00 Total Contract Amount: $1,162,820.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: 2020 Universal Plaza Design LCRB Date: 11/1/22 Account String: Fund-Division-Account Work Order – Activity Type Amount FY 23 940-8000-56005 92059-940-130 $11,000.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: DocuSign Routing Route for Signature Name Email Address Contractor Peter Emerson pemerson@rios.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Peter Emerson pemerson@rios.com Project Manager Sean Farrelly sean@tigard-or.gov cc: Vanessa Robinson vrobinson@sojpdx.com Buyer Marcos Campos marcos.campos@tigard-or.gov CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C200076a4 Contract Start Date: 3/11/20 Contract End Date: 12 31 22 Contract Title: Universal Plaza Design Contractor Name: RIOS Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $643,300.00 Total All Previous Amendments: $466,420.00 Total of this Amendment: $42,100.00 Total Contract Amount: $1,151,820.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: 2020 Universal Plaza Design LCRB Date: 1/5/21 Account String: Fund-Division-Account Work Order—Activit):1=e Amount FY 22 940-8000-56005 92059-940-130 $42,100.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: Amendments 1, 2 and 3 were all approved through one council action AIS-4500 lanuary 2021. DocuSign Routing Route for Signature Name Email Address Contractor Peter Emerson pemerson&rios.com City of Tigard Steve Rymer stever&tigard-or.gov Final Distribution Contractor Peter Emerson 12emersonknos.com Project Manager Sean FarrellSean ti and-or. ov cc: Vanessa Robinson vrobinson so' dx.com Buyer Christine Moody christine ti and-or. ov DocuSign Envelope ID:03F98AOF-229E-4B1 D-8A4B-91 65CCAl 31A6 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT UNIVERSAL PLAZA DESIGN C200076 AMENDMENT #4 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and RIOS., hereinafter referred to as Contractor is hereby amended as follows: 1. Consultant's Scope of Services The scope of services is amended to perform additional professional design services as provided in Exhibit A-1,which is attached hereto and by this reference made a part of this Amendment. 2. Compensation As compensation for the professional consulting services as described in Exhibit A-1 of this Amendment,Contractor will be paid based upon the Fee Schedule in Exhibit A-2,of this Amendment. The Basic Fee shall be adjusted by$42,100.00 for a total not to exceed amount of$1,151,820.00 3. Except as expressly provided in this contract amendment, all other terms remain unchanged. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD RIOS Signature Signature Steve Rymer Peter Emerson Printed Name Printed Name 4/21/2022 4/20/2022 Date Date DocuSign Envelope ID:03F98AOF-229E-4131 D-8A4B-9165CCAl31A6 EXHIBIT B-1 SCOPE OF SERVICES Contractor agrees to provide additional project design and implementation services for the completion of design and construction of the Universal Plaza. This will include Construction Documents Phase, Construction Observation Phase, Food Cart Design and Expanded Webcam Services, and Additional Cost Consulting Services. New services for the following original tasks (underlined below) pursuant to Amendment 4 are as follows: DESCRIPTION OF WORK Task 6: Construction Documents Phase Timeline: 4 months Upon completion of the Design Development Phase tasks, and upon written notice to proceed to Construction Documentation, RIGS will prepare a construction documentation package based upon the approved Design Development package. Construction Documents Phase tasks will include: 6.1. Attend kickoff meeting with Contractor (1 RIOS trip,2 attendees) 6.2. Attend environmental graphic design site visit (1 RIOS trip, 1 attendee) 6.3. Manage project and coordinate with Client and subconsultant team 6.4. Conduct weekly teleconference check-ins with SOJ and City of Tigard 6.5. Conduct biweekly teleconference design reviews with SOJ and City of Tigard 6.6. Review and comment on SOJ provided design review notes 6.7. Provide meeting notes for each meeting SOJ and the City does not attend 6.8. Brief subconsultant team on Client and Working Group comments 6.9. Prepare 50% and 90% construction document packages a. cover sheet and general notes b. floor plans C. reflected ceiling plan d. building elevations and sections e. door and window schedule and details f. finish schedule g. interior elevations h. details and other schedules i. waterproofing details j. hardscape materials plan k. hardscape layout plan 1. hardscape scoring plan M. site sections and plan enlargements as necessary n. planting schedule o. planting plan p. hardscape details q. planting details r. experiential graphic design and signage drawings S. code required signage drawings for restroom building DocuSign Envelope ID:03F98A0E-229E-4B1 D-8A4B-9165CCAl31A6 6.10. Review construction document package with Client, Contractor, and stakeholder group at 50% and 90% (2 RIOS trips, 2 attendees per trip) 6.11. Review cost estimate with Client and stakeholder group at 90% 6.12. Review Contractor provided cost estimate at construction document kick-off, as required for CM/GC process 6.13. Preview 50% construction document package with City permit reviewers in anticipation of formal submittal in next phase (same trip as #9 above) 6.14. Coordinate with CM/GC or cost estimating consultant regarding the cost estimate 6.15. Coordinating of Interactive Water Feature Scope by RIOS a. Advance the design in response to design development comments, as appropriate,while maintaining regular communication with the project team b. Coordinate with the architecture,landscape and engineering entities • Prepare a set of Water Feature Construction Documents. Deliverables will include: General Notes, Site Plan,Finishes Schedules, Finishes Plans,Basin Plans,Elevations, Sections,Details,Programing Control Signal Plan,Water Feature Construction Specifications, Equipment Schedules,Piping and Instrumentation Diagrams (P&ID), Single-Line Electrical Diagrams, Sequence of Operation,Description of Control, Electrical Panel Schedules,Machine Room Plans,Machine Room Elevations,Piping Plans, Conduit • Plans,Mechanical and Piping Specifications,Electrical Specifications C. The Water Feature Construction Documents to be submitted for review and approval at 50% and 90% stages of completion d. Make Agency-required corrections to the Construction Documents until achieving approval. in-person Agency contact is by others.) e. Coordinate with CM/GC or cost estimating consultant regarding the cost estimate for the interactive water feature work. 6.16. Coordinating of Civil Engineering Scope by RIOS a. Attend design and coordination meetings. (This proposal assumes attendance at meetings in the Portland metropolitan area.) b. Suggest possible design changes to effect project savings. C. Provide final earthwork calculations. d. Coordinate with CM/GC or cost estimating consultant regarding the cost estimate for the civil work. e. Coordinated connection with city utilities located in right of way and street. f. Future phasing considerations as related to sizing and locations of utilities. g. Prepare Site Improvement Construction Documents to include the following: • Cover Sheet, Notes and Abbreviations • Existing Conditions • Demolition Plan (Includes demolition of site features outside the building such as utilities and surface improvements. Excludes right-of-way demolition, existing building demolition and demolition beyond the Project Limits.) • Site Layout and Paving Plan (Includes the design and layout of civil/site-related features within the Project Limits.) • Grading and Drainage Plan (Includes the design of onsite stormwater quality and stormwater detention structure(s) as detailed in the Design Development drawings.) • Utility Plans (Includes the design of water, fire protection, sanitary sewer, and storm drainage line connections for the proposed building(s) to within 5-feet of the proposed DocuSign Envelope ID:03F98A0E-229E-4B1 D-8A4B-9165CCAl31A6 building. Also includes the location coordination of other site utilities, such as gas, electric, and communication lines designed by other design team members or private utility companies.) • Erosion Control Plan (Includes the design of plans, details, and construction notes, as required by the City of Tigard and Clean Water Services.) • Detail Sheets 6.17. Coordinating of Structural Engineering Scope by RIOS a. Consult on structural related items b. Prepare the structural drawings, specifications and calculations for: • An 800 square foot, single story CMU restroom/concessions building. • Underground vault for water feature pump equipment. • Depressed slab at the water feature. • Light pole foundations. It is assumed that light poles will be a manufacturer designed product. • Retaining walls and minor site structures under 4 ft tall that require structural calculations and details to obtain building permit. C. Provide structural mark up of landscape details as requested. d. Attend online or in-person design meetings as requested. e. Review structural cost estimates and recommend value engineering options where possible to assist with budgeting. 6.18. Coordinating of Electrical Engineering Scope by RIOS a. Coordination of serving utility service and power distribution design associated with the Plaza, signage,pedestrian walkways,water feature and restroom building as well as electrical connections to all lighting and convenience power. b. Future phasing considerations as related to sizing and locations of utilities. C. Attend up to four (4) meetings during the Construction Document phase. d. Electrical utilities coordination • Power Utility: Site raceway system,vault/pedestal locations and sizes, revenue meter location/requirements, transformer pad location(s), and available fault current. e. Building power distribution • Site power distribution design. • Design for connection of Owner's equipment based on Owner-provided load information. • Design for connection to exterior signage based on information provided by others. • Design for any required power and controls associated with lighting systems. • Design for connection to water feature equipment,based on information as provided by a separate consultant. • Coordination and conduit layout associated with all lighting and lighting control systems. 6.19. Coordinating of Lighting Design Scope by RIGS a. Coordination of the luminaire selections with the architect for the restroom building as well as landscape designer in the Plaza area and pedestrian access areas. • Design, specifications, and one-line diagrams associated with the lighting control system consisting of a fully programmable digital lighting control package. • Layout and luminaire selections shall be provided by architect. • Photometric analysis associated with the final design of exterior lighting. b. Attend up to four (4) meetings during the Construction Document phase. DocuSign Envelope ID:03F98A0E-229E-4B1 D-8A4B-9165CCAl31A6 C. Exterior lighting design associated with site,landscape,pathway and exhibit elements as well as lighting associated with the restroom building. The plaza lighting layout and specs for the fixtures shall be provided by the architect. • Control of lighting system. d. State Energy Code lighting compliance calculations. Includes calculation for final layout. e. Site lighting with point-by-point photometric analysis. 6.20. Coordinating of Mechanical Engineering Scope by RIGS a. Mechanical and plumbing coordination and design associated with the water feature and restroom building. b. Attend up to four (4) meetings during the Construction Document phase. C. Heating,Ventilating,and Air Conditioning Systems • Space heating and ventilation design for areas not requiring air conditioning. • Building exhaust systems design. • Performance specifications for temperature control or building energy management system. • Heating and cooling load calculations. • State Energy Code calculations for envelope and mechanical systems. • Envelope code check utilizing envelope tradeoff software or equivalent. • Coordination with structural engineering consultant. d. Plumbing Systems • Sanitary drainage,vent, domestic water, storm water, and natural gas system design from five feet outside each building. • Plumbing fixture specifications. • Owner provided equipment connections based on information provided by the owner and/ or a separate consultant. • Water and sanitary connection to water feature equipment,based on information as provided by a separate consultant. • Coordination with Civil Engineer. 6.21. Coordinating of Building Technologies Systems Design Scope by RIOS a. Telephone Utility: Site raceway system,vault/ pedestal location, and demarcation location b. Data/ Telecommunications System Design • Layout of outlets on drawings. • Rack sizing, specification, and layout. • Backbone cabling design of building distribution cabling and connecting hardware. • Horizontal cabling design of building distribution cabling and connection hardware. • Spaces: Including sizing and layout of telecom equipment room. • Pathways: Including raceway system, conduit, sleeves, cable trays, and wireways. • Grounding system for technology systems. C. Security Systems • Electronic access control entry systems. 6.22. Coordinating of Ecological Consulting Scope by RIOS a. Provide environmental consulting services to facilitate the design and engineering services by reviewing all aspects of the project that may affect the natural environment. 6.23. Coordinating Irrigation Design and Consulting Scope by RIOS a. Provide complete irrigation construction drawings including plans,notes,materials legends, installation details,water pressure calculations,peak irrigation run time calculations and specifications. b. Coordinate with the project civil engineer for water and electrical sources. DocuSign Envelope ID:03F98A0E-229E-4B1 D-8A4B-9165CCAl31A6 6.24. Coordinating of Video Surveillance Scope by RIOS a. Video surveillance system using IP or analog video and digital recording. Includes raceway coordination with site elements. Task 6 Deliverables for all: 50% CD drawing set (30x42 CAD and PDF) 90% CD drawing set (30x42 CAD and PDF) • 50% CD technical specifications (8.5x11 PDF) • 90% CD technical specifications (8.5x11 PDF) • Stormwater Drainage Report for review and approval by the City of Tigard and Clean Water Services. • Additional project specific calculations and reports. • Final earthwork calculations. Task 9: Construction Observation Phase Timeline: 8 months Upon completion of Bidding Phase tasks, RIOS will perform construction observation. Construction Observation Phase tasks will include: 9.1. Landscape Architecture,Architecture, and Environmental Graphic Design a. Review Contractor pay applications and provide signature b. Manage project and coordinate with Client and subconsultant team C. Review submittals, shop drawings and mock-ups d. Respond to requests for information (RFIs) e. Review proposed substitutions, alternates and change orders f. Attend pre-construction conference (1 RIOS trip, 2 attendees) g. Attend construction meetings and field observation trips (up to 3 RIOS trips, along with local RIOS attendance for COA meetings as needed. After 9 construction observation trips, additional meetings will be on a time and materials basis) h. Observe construction during site visits for consistency with design intent as conveyed in the construction documents i. Select and tag critical plant materials in nursery for delivery j. Attend substantial completion walk through (1 MOS trip, 2 attendees) k. Review contractor punch list 1. Attend final completion walk through (1 RIOS trip, 2 attendees) M. Review contractor's as-built drawings 9.2. Coordinating Interactive Water Feature Scope by RIGS a. Participate in a Pre-Construction Conference with the selected contractor. Review procedures and communications protocols. Identify contact persons, and discuss the project in detail,reviewing general construction approach, the project schedule,potential problems, etc. b. Maintain regular communications with the contractor and the project team. C. Review and comment on Shop Drawings, Submittals and Requests for Information (RFIs) in a timely manner. DocuSign Envelope ID:03F98A0E-229E-4B1 D-8A4B-9165CCAl31A6 d. Visit the jobsite twice during construction to view the contractor's work. Report findings in writing; distribute to the project team. e. Assist the Contractor in troubleshooting technical problems upon startup. Establish the start date for Fluidity's on-site Commissioning effort. Owner to verify and approve Fluidity on- site start date in writing. • Fluidity will schedule commissioning trips upon receiving written authorization from the contractor and owner confirming readiness. If Fluidity is unable to perform commissioning due to unready construction—although previously stated as ready or due to other factors outside of Fluidity's control, then Additional Services fees and reimbursable expenses to cover those fair amounts will be applied. The owner will be informed as such at the time by Fluidity. • Aspects of Fluidity's commissioning services require support and communication with third party vendors.These vendors include construction contractors, equipment suppliers, and control board programmers. Upon request by Fluidity and with reasonable notice, the owner will ensure, either directly or through the construction contractor, that third party vendors will be available for on-site to support Fluidity's timely work. Fluidity cannot be held responsible for the actions or inactions of these participants, or if these participants provide less than necessary services, or late services, thereby requiring Fluidity to extend an on-site visit, or return to the site at a later date. At those times,Additional Services fees and reimbursable expenses to cover those fair amounts will be applied. The owner will be informed as such at the time by Fluidity. f. Provide Art Direction of water character, sounds and lighting to the contractor. g. Create water choreographies for the water feature in response to the programming needs of the space. Gain owner and landscape architect approval of the work. h. Observe that the Maintenance Manuals and Warrantees are delivered, and the Contractor has trained the maintenance staff. i. Prepare a Punch List and distribute copies. j. Resolve final Punch List items. Report the completion of project. 9.3. Coordinating Civil Engineering Scope by RIOS a. Attend pre-construction conference. b. Provide up to 5 site visits during construction.We assume that KPFF will be notified of the construction schedule and progress to establish site visit dates.The site visits will be made at intervals appropriate to the stages of construction. C. Provide interpretations and/or clarifications of the civil portions of the work. (We estimate this task will require approximately 24 hours for a project of this size.) d. Provide recommendations regarding claims and disputes relating to the execution or progress of civil work. e. Assist in determining if non-conforming civil work shall be rejected. f. Review specified shop drawings or product submittals for the civil portions of the work. (We estimate approximately 10 shop drawings or product submittals at approximately 3 hours per submittal will be required for review on this project.) g. Assist in preparing change orders relating to the civil work. h. Provide "Record"plans for the civil portion of the work based on 1 clean,red-lined, full-size set of drawings provided by the Contractor. (We estimate this task will require approximately 8 hours). 9.4. Coordinating Irrigation Design and Consulting Scope by RIOS DocuSign Envelope ID:03F98AOF-229E-4B1 D-8A4B-9165CCAl31A6 a. Provide construction administration services in the form of the review and written comments on contractor materials submittals and the answering of requests for information (RFI) from the construction team. b. Provide field observation services during construction to observe and report on the installation of the irrigation system. The consultant recommends that site observations be provided at the following milestones: mainline pressure test,irrigation coverage test, and two final observations. The scope and fees assume no more than one (1) construction observations shall be provided. 9.5. Coordinating Structural Engineering Scope by RIOS a. Review structural shop drawings and bidder designed structural items to verify these have been coordinated with the structural foundation design. b. Visit the job site at intervals appropriate to the various stages of construction and to perform structural observation work as required by the governing code.We have assumed a maximum of 3 site visits. C. Respond to questions from the contractor( during construction. d. Review change orders relating to the structure. e. Prepare a letter of conformance based on our site visits and on inspection reports by the testing laboratory and special inspectors. 9.6. Coordinating Electrical Engineering Scope by RIOS a. Attend preconstruction and construction progress meetings. b. Review of the electrical submittals C. Answer RFIs,DCVRs,and construction questions. d. Perform up to three site visits during construction. e. Issue of ASIS, owner directed changes, 121an revisions, etc. f. Review of change order costs initiated by others. 9.7. Coordinating Lighting Design Scope by RIOS a. Attend preconstruction and construction progress meetings. b. Review of the lighting submittals C. Answer RFIs,DCVRs,and construction questions. d. Perform up to three site visits during construction. e. Issue of ASIs, owner directed changes, 121an revisions, etc. f. Review of change order costs initiated by others. 9.8. Coordinating Mechanical Engineering Scope by RIOS a. Attend preconstruction and construction progress meetings. b. Review of the mechanical submittals C. Answer RFIs.DCV-Rs,and construction questions. d. Perform up to two site visits during construction. e. Issue of ASIs, owner directed changes, 121an revisions, etc. f. Review of change order costs initiated by others. 9.9. Coordinating Plumbing Engineering Scope by RIOS a. Attend preconstruction and construction progress meetings. b. Review of the plumbing submittals C. Answer RFIs,DCVRs,and construction questions. d. Perform up to two site visits during construction. e. Issue of ASIs, owner directed changes, 121an revisions, etc. f. Review of change order costs initiated by others. 9.10. Coordinating Building Technologies Systems Design Scope by RIOS DocuSign Envelope ID:03F98A0E-229E-4B1 D-8A4B-9165CCAl31A6 a. Issue addenda as may be required. b. Review of the technology submittals. C. Answer RFIs,DCVRs,and construction questions. d. Issue of ASIS, owner directed changes,121an revisions, etc. e. Review of change order costs initiated by others. 9.11. Coordinating Video Surveillance Scope by RIOS a. Construction Administration associated with video surveillance system using IP or analog video and digital recording including raceway coordination with site elements. Task 9 Deliverables for all: • Reviews of submittals, shop drawings and mock-ups • Responses to RFIs • Comments and edits to construction meeting minutes by Contractor/ Owner • Comments on contractor punch list Task 11: Food Cart Design and Expanded Webcam Service Timeline: Ongoing RIOS is to continue to perform and complete the professional services and specific tasks set forth below as required by the City of Tigard for Universal Plaza: 11.1. Design and coordination for the inclusion of several food carts as part of the plaza design. Includes the design of a greywater disposal system and additional power requirements. 11.2. Expanded webcam service from April 2021 through December 2021. CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C200076a3 Contract Start Date: 3/11/20 Contract End Date: 12 31 22 Contract Title: Universal Plaza Design Contractor Name: RIOS Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $643,300.00 Total All Previous Amendments: $104,980.00 Total of this Amendment: $361,440.00 Total Contract Amount: $1,109,720.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: 2020 Universal Plaza Design LCRB Date: 1/5/21 Account String: Fund-Division-Account Work Order—Activit):1=e Amount FY 21 940-8000-56005 92059-940-130 $361,440.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: Amendments 1, 2 and 3 were all approved through one council action AIS-4500 January 2021. DocuSign Routing Route for Signature Name Email Address Contractor Peter Emerson pemerson&rios.com City of Tigard Steve Rymer stever&tigard-or.gov Final Distribution Contractor Peter Emerson 12emersonknos.com Project Manager Sean FarrellSean ti and-or. ov cc: Vanessa Robinson vrobinson so' dx.com Buyer Christine Moody christine ti and-or. ov DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75131EBA130B6 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT UNIVERSAL PLAZA DESIGN C200076 AMENDMENT #3 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City/Client, and RIOS.,hereinafter referred to as Architect is hereby amended as follows: 1. Architects' Scope of Services The scope of services is amended to perform professional design services as provided in Exhibit A-1, which is attached hereto and by this reference made a part of this Amendment. 2. Compensation As compensation for the professional consulting services as described in Exhibit A-1 of this Amendment,Architect will be paid based upon the Fee Schedule in Exhibit A-2,A-3 and A-4 of this Amendment. Terms and conditions of the Agreement are amended per Exhibit A-5. The Basic Fee shall be adjusted by Three Hundred Sixty-One Thousand Four Hundred Forty and No/100 Dollars ($361,440.00) for a total not to exceed amount of One Million One Hundred Nine Thousand Seven Hundred Twenty No/100 Dollars ($1,109,720.00). IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Architect has executed this Amendment upon signature and date listed below. CITY OF TIGARD RIOS sia.�sesxwcs �acoa+snvFwes Signature Signature Steve Rymer Andy Lantz Printed Name Printed Name 9/14/2021 9/14/2021 Date Date DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 EXHIBIT A-1 SCOPE OF SERVICES Architect agrees to provide additional project design and implementation services for the completion of design and construction of the Universal Plaza. This will include Construction Documents, Permitting,Bidding and Construction Observation phases. New services for the following original tasks (underlined below) pursuant to Amendment 3 are as follows: DESCRIPTION OF WORK Task 6: Construction Documents Phase Timeline: 4 months Upon completion of the Design Development Phase tasks, and upon written notice to proceed to Construction Documentation, RIOS will prepare a construction documentation package based upon the approved Design Development package. Construction Documents Phase tasks will include: 6.1. Attend kickoff meeting with Contractor (1 RIGS trip 2 attendees) 6.2. Attend environmental graphic design site visit (1 RIOS trip, 1 attendee 6.3. Manage project and coordinate with Client and subconsultant team 6.4. Conduct weekly teleconference check-ins with SOJ and City of Tigard 6.5. Conduct biweekly teleconference design reviews with SOJ and City of Tigard 6.6. Review and comment on SO-provided design review notes 6.7. Provide meeting notes for each meeting SOJ and the City does not attend 6.8. Brief subconsultant team on Client and Working Group comments 6.9. Prepare 50% and 90% construction document packages a. cover sheet and general notes b. floor plans C. reflected ceiling plan d. building elevations and sections e. door and window schedule and details f. finish schedule g. interior elevations h. details and other schedules i. waterproofing details j. hardscape materials plan k. hardscape layout plan 1. hardscape scoring plan M. site sections and plan enlargements as necessary n. planting schedule o. planting plan p. hardscape details q. planting details r. experiential graphic design and signage drawings S. code required signage drawings for restroom building DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 6.10. Review construction document package with Client, Contractor, and stakeholder group at 50% and 90% (2 RIOS trips, 2 attendees per trip) 6.11. Review cost estimate with Client and stakeholder group at 90% 6.12. Review Contractor provided cost estimate at construction document kick-off, as required for CM/GC process 6.13. Preview 50% construction document package with City permit reviewers in anticipation of formal submittal in next phase (same trip as #9 above) 6.14. Coordinate with CM/GC or cost estimating consultant regarding the cost estimate 6.15. Coordinating of Interactive Water Feature Scope by RIOS a. Advance the design in response to design development comments,as appropriate,while maintaining regular communication with the project team b. Coordinate with the architecture,landscape and engineering entities • Prepare a set of Water Feature Construction Documents. Deliverables will include: General Notes, Site Plan, Finishes Schedules, Finishes Plans, Basin Plans, Elevations, Sections,Details,Programing Control Signal Plan,Water Feature Construction Specifications, Equipment Schedules,Piping and Instrumentation Diagrams (P&IDS, Single-Line Electrical Diagrams, Sequence of Operation,Description of Control, Electrical Panel Schedules,Machine Room Plans,Machine Room Elevations, Piping Plans, Conduit • Plans, Mechanical and Piping Specifications,Electrical Specifications C. The Water Feature Construction Documents to be submitted for review and approval at 50% and 90% stages of completion d. Make Agency-required corrections to the Construction Documents until achieving approval. (In-person Agency contact is by others.) e. Coordinate with CM/GC or cost estimating consultant regarding the cost estimate for the interactive water feature work. 6.16. Coordinating of Civil Engineering Scope by RIOS a. Attend design and coordination meetings. (This proposal assumes attendance at meetings in the Portland metropolitan area.) b. Suggest possible design changes to effect project savings. C. Provide final earthwork calculations. d. Coordinate with CM/GC or cost estimating consultant regarding the cost estimate for the civil work. e. Coordinated connection with city utilities located in right of way and street. f. Future phasing considerations as related to sizing and locations of utilities. g. Prepare Site Improvement Construction Documents to include the following_ • Cover Sheet,Notes and Abbreviations • Existing Conditions • Demolition Plan (Includes demolition of site features outside the building such as utilities and surface improvements. Excludes right-of-way demolition, existing building demolition and demolition beyond the Project Limits.) • Site Layout and Paving Plan (Includes the design and layout of civil/site-related features within the Project Limits.) • Grading and Drainage Plan (includes the design of onsite stormwater duality and stormwater detention structure(s) as detailed in the Design Development drawings.) • Utility Plans (Includes the design of water, fire protection, sanitary sewer, and storm drainage line connections for the proposed building(s) to within 5-feet of the proposed DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 building. Also includes the location coordination of other site utilities, such as gas, electric, and communication lines designed by other design team members or Private utility companies.) • Erosion Control Plan (Includes the design of plans, details, and construction notes, as required by the City of Tigard and Clean Water Services.) • Detail Sheets 6.17. Coordinating of Structural Engineering Scope by RIOS a. Consult on structural related items b. Prepare the structural drawings, specifications and calculations for: • An 800 square foot, single story CMU restroom/concessions building_ • Underground vault for water feature pump equipment. • Depressed slab at the water feature. • Light pole foundations. It is assumed that light poles will be a manufacturer designed product. • Retaining walls and minor site structures under 4 ft tall that require structural calculations and details to obtain building permit. C. Provide structural mark up of landscape details as requested. d. Attend online or in-person design meetings as requested. e. Review structural cost estimates and recommend value engineering options where possible to assist with budgeting, 6.18. Coordinating of Electrical Engineering Scope by RIGS a. Coordination of serving utility service and power distribution design associated with the Plaza, signage, pedestrian walkway,water feature and restroom building as well as electrical connections to all lighting and convenience power. b. Future phasing considerations as related to sizing and locations of utilities. C. Attend up to four (4) meetings during the Construction Document phase. d. Electrical utilities coordination • Power Utility: Site raceway,system,vault/pedestal locations and sizes, revenue meter location/requirements, transformer pad location(s),and available fault current. e. Building power distribution • Site power distribution design. • Design for connection of Owner's equipment based on Owner-provided load information. • Design for connection to exterior signage based on information Provided by others. • Design for any required power and controls associated with lighting systems. • Design for connection to water feature equipment,based on information as provided by a separate consultant. • Coordination and conduit layout associated with all lighting and lighting control systems. tems. 6.19. Coordinating of Lighting Design Scope by RIOS a. Coordination of the luminaire selections with the architect for the restroom building as well as landscape designer in the Plaza area and pedestrian access areas. • Design, specifications, and one-line diagrams associated with the lighting control system consisting of a f&programmable digital lighting control Package. • Layout and luminaire selections shall be provided by architect. • Photometric analysis associated with the final design of exterior lighting, b. Attend up to four 4 meetings during the Construction Document Phase. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 C. Exterior lighting design associated with site, landscape, pathway and exhibit elements as well as lighting associated with the restroom building. The Plaza lighting layout and specs for the fixtures shall be provided by the architect. • Control of lighting system. d. State Energy Code lighting compliance calculations. Includes calculation for final layout. e. Site lighting with point-by-point photometric analysis. 6.20. Coordinating of Mechanical Engineering Scope by RIGS a. Mechanical and plumbing coordination and design associated with the water feature and restroom building. b. Attend up to four (4) meetings during the Construction Document Phase. C. Heating,Ventilating, and Air Conditioning Systems • Space heating and ventilation design for areas not requiring air conditioning. • Building exhaust systems design. • Performance specifications for temperature control or building energy management system. • Heating and cooling load calculations. • State Energy Code calculations for envelope and mechanical systems. • Envelope code check utilizing envelope tradeoff software or equivalent. • Coordination with structural engineering consultant. d. Plumbing Systems • Sanitary drainage,vent, domestic water, storm water, and natural gas system design from five feet outside each building. • Plumbing fixture specifications. • Owner Provided equipment connections based on information provided by the owner and/ or a separate consultant. • Water and sanitary connection to water feature equipment,based on information as provided by a sgparate consultant. • Coordination with Civil Engineer. 6.21. Coordinating of Building Technologies Systems Design Scope by RIOS a. Telephone Utility: Site raceway, sem,vault/ pedestal location, and demarcation location b. Data/ Telecommunications System Design • Layout of outlets on drawings. • Rack sizing, specification, and layout. • Backbone cabling design of building distribution cabling and connecting hardware. • Horizontal cabling design of building distribution cabling and connection hardware. • Spaces: Including sizing and layout of telecom equipment room. • Pathways: Including raceway system, conduit, sleeves, cable tray,, and wireways. • Grounding system for technology systems. C. Security Systems • Electronic access control entry systems. 6.22. Coordinating of Ecological Consulting Scope by RIOS a. Provide environmental consulting services to facilitate the design and engineering services by reviewing all aspects of the project that may affect the natural environment. 6.23. Coordinating Irrigation Design and Consulting Scope by RIOS a. Provide complete irrigation construction drawings including121ans,notes, materials legends, installation details,water pressure calculations,12eak irrigation run time calculations and specifications. b. Coordinate with the project civil engineer for water and electrical sources. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75BIEBA130B6 Task 6 Deliverables for all: 0 50% CD drawing set (30x42 CAD and PDF) • 90% CD drawing set (30x42 CAD and PDF) 50% CD technical specifications (8.5x11 PDF) • 90% CD technical specifications (8.5x11 PDF) • Stormwater Drainage Report for review and approval by the Citof Tigard and Clean Water Services. • Additional project specific calculations and reports. • Final earthwork calculations. Task 7: Permitting and Bid Set Phase Timeline: 2 months Upon completion of the 90% construction documents, and upon written notice to proceed to the Permitting and Bid Set Phase, RIOS will prepare a permit and bid package based upon the approved 90% Construction Documentation package. Permitting and Bid Set Phase tasks will include: 7.1 Manage project and coordinate with Client and subconsultant team 7.2 Submit 90% CD set for building_permits 7.3 Make corrections and revisions based on permit comments 7.4 Attend meetings with City staff to execute permit process 7.5 Finalize construction documents and bid set based on permit corrections 7.6 Issue 100% CD package as Bid Set 7.7 Coordinating of Civil Engineering Scope by RIOS a. Respond to City of Tigard and Clean Water Services questions and comments for the civil related items pursuant to obtaining a permit b. Act as liaison between the project team and the Oregon Department of Environmental Quality QEQ) in order to obtain a DEC! 1200-C Permit for NPDES Stormwater Discharge during construction. Compile and submit the 1200-C permit application. 7.8 Coordinating of Structural Engineering Scope by RIOS a. Respond to all structural plan review questions and comments. b. Assist the other consultants with responses to plan review questions and comments that relate to structure. C. Assist with coordinating the permitting of bidder designed structural components. 7.9 Coordinating Electrical Engineering Scope by RIOS a. Act as liaison between the project team and the Oregon Department of Environmental Quality(DEQ) in order to obtain a DEO 1200-C Permit for NPDES Stormwater Discharge during construction. Compile and submit the 1200-C permit application. 7.10 Coordinating Mechanical Engineering Scope by RIOS a. Act as liaison between the project team and the Oregon Department of Environmental Quality QEQ) in order to obtain a DEC! 1200-C Permit for NPDES Stormwater Discharge during construction. Compile and submit the 1200-C permit application. 7.11 Coordinating Plumbing Systems Scope by RIOS DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 a. Act as liaison between the Project team and the Oregon Department of Environmental Quality (DEQ) in order to obtain a DEO 1200-C Permit for NPDES Stormwater Discharge during construction. Compile and submit the 1200-C permit application. 7.12 Coordinating Irrigation Design and Consulting by RIGS a. Revise the irrigation drawings as required due to base sheet changes,planting plan changes, or plan comments. Task 7 Deliverables for all: • Building permit submittal (30x42 PDF) • Permit drawing and technical specification corrections as necessary(30x42 PDQ • 100% CD for bidding (30x42 PDF • 100% CD Project manual (8.5x11 PDF, technical specifications by RIOS combined with Division 0 and Division 01 by Client) Task 8: Bidding Phase Timeline: 1 month Upon approval of the construction documents and receipt of land use approval and building_permits, RIOS will support the bidding process. Bidding Phase tasks will include: 8.1. Manage project and coordinate with Client and subconsultant team 8.2. Provide bid addenda in response to bidder questions 8.3. Attend Pre-bid conference 8.4. Support Client with bid evaluations as necessary 8.5. Make design modifications to reduce construction cost,if requested,on a time and materials basis 8.6. Coordinating Civil Engineering Scope by RIOS a. Attend pre-bid conference. b. Answer Contractor questions for civil related items of work during bidding phase. (Assume 6 hours maximum.) C. Assist in evaluating bidder qualifications. d. Provide up to 2 addenda relating to the civil portion of the plans and specifications. (This proposal assumes 1 addendum will resolve bid questions and 1 addendum will respond to plan check comments.) 8.7. Coordinating Electrical Engineering Scope by RIOS a. Answer questions during bidding phase. b. Issue addenda as may be required. C. Attend Pre-bid and preconstruction meetings. 8.8. Coordinating Lighting Design Scope by RIOS a. Answer questions during bidding12hase. b. Issue addenda as may be required. C. Attend pre-bid and preconstruction meetings. 8.9. Coordinating Mechanical Engineering Scope by RIOS a. Answer questions during bidding12hase. b. Issue addenda as may be required. C. Attend pre-bid and preconstruction meetings. 8.10. Coordinating Plumbing Engineering Scope by RIOS DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 a. Answer questions during bidding phase. b. Issue addenda as may be required. C. Attend pre-bid and preconstruction meetings. Task 8 Deliverables for all: • Bid addenda as necessary (30x42 PDF drawings and 8.5x11 PDF specifications) Task 9: Construction Observation Phase Timeline: 8 months Upon completion of Bidding Phase tasks, RIOS will perform construction observation. Construction Observation Phase tasks will include: 9.1. Landscape Architecture and Architecture a. Review Contractor pay applications and provide signature b. Manage project and coordinate with Client and subconsultant team C. Review submittals, shop drawings and mock-ups d. Respond to requests for information (RFIs) e. Review proposed substitutions, alternates and change orders f. Attend pre-construction conference (1 RIOS tri, 2 attendees) g. Attend construction meetings and field observation trips (up to 3 RIOS trips, along with local RIOS attendance for COA meetings as needed. After 9 construction observation trips, additional meetings will be on a time and materials basis) h. Observe construction during site visits for consistency with design intent as conveyed in the construction documents i. Select and tag critical plant materials in nursery for delivery j. Attend substantial completion walk through (7 RIOS trig, 2 attendees) k. Review Contractor punch list 1. Attend final completion walk through (1 RIOS trig, 2 attendees) M. Review Contractor's as-built drawings 9.2. Coordinating Interactive Water Feature Scope by RIOS a. Participate in a Pre-Construction Conference with the selected Contractor. Review procedures and communications protocols. Identify contact persons, and discuss the project in detail reviewing general construction approach, the project schedule,potential problems, etc. b. Maintain regular communications with the Contractor and the project team. C. Review and comment on Shop Drawings, Submittals and Requests for Information (RFIs) in a timely manner. d. Visit the jobsite twice during construction to view the Contractor's work. Report findings in writing, distribute to the project team. e. Assist the Contractor in troubleshooting technical problems upon startup. Establish the start date for Fluidity's on-site Commissioning effort. Owner to verify and approve Fluidity on- site start date in writing. • Fluidity will schedule commissioning trips upon receiving written authorization from the Contractor and owner confirming readiness. If Fluidity is unable to perform commissioning due to unready construction—although previously stated as ready or DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 due to other factors outside of Fluidity's control,then Additional Services fees and reimbursable expenses to cover those fair amounts will be applied. The owner will be informed as such at the time by Fluidity. • Aspects of Fluidity's commissioning services require support and communication with third party vendors.These vendors include construction contractors, equipment suppliers, and control board programmers. Upon request by Fluidity and with reasonable notice,the owner will ensure, either directly or through the construction contractor, that third party vendors will be available for on-site to support Fluidity's timely work. Fluidity cannot be held responsible for the actions or inactions of these participants, or if these participants provide less than necessary services, or late services, thereby requiring Fluidity to extend an on-site visit,or return to the site at a later date. At those times,Additional Services fees and reimbursable expenses to cover those fair amounts will be applied. The owner will be informed as such at the time by Fluidity. f. Provide Art Direction of water character, sounds and lighting to the Contractor. g. Create water choreographies for the water feature in response to the programming needs of the space. Gain owner and landscape architect approval of the work. h. Observe that the Maintenance Manuals and Warrantees are delivered, and the Contractor has trained the maintenance staff. i. Prepare a Punch List, and distribute copies. j. Resolve final Punch List items. Report the completion of project. 9.3. Coordinating Civil Engineering Scope by RIGS a. Attend pre-construction conference. b. Provide up to 5 site visits during construction.We assume that KPFF will be notified of the construction schedule and progress to establish site visit dates. The site visits will be made at intervals appropriate to the stages of construction. C. Provide interpretations and/or clarifications of the civil portions of the work. (We estimate this task will require approximately 24 hours for a project of this size.) d. Provide recommendations regarding claims and disputes relating to the execution or progress of civil work. e. Assist in determining if non-conforming civil work shall be rejected. f. Review specified shop drawings or product submittals for the civil portions of the work. (We estimate approximately 10 shop drawings or product submittals at approximately 3 hours per submittal will be required for review on this project.) g. Assist in preparing change orders relating to the civil work. h. Provide "Record"plans for the civil portion of the work based on 1 clean,red-lined, full-size set of drawings provided by the Contractor. (We estimate this task will require approximately 8 hours). 9.4. Coordinating Irrigation Design and Consulting Scope by RIOS a. Provide construction administration services in the form of the review and written comments on Contractor materials submittals and the answering of requests for information (RFI) from the construction team. b. Provide field observation services during construction to observe and report on the installation of the irrigation system. The consultant recommends that site observations be provided at the following milestones: mainline pressure test,irrigation coverage test,and two final observations. The scope and fees assume no more than one (1) construction observations shall be provided. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 Task 9 Deliverables for all: • Reviews of submittals, shop drawings and mock-ups • Responses to RFIs • Comments and edits to construction meeting minutes by Contractor/ Owner • Comments on Contractor punch list Task 10: Expanded Land Use Approval Coordination Timeline: Ongoing RIGS is to continue to perform and complete the professional services and specific tasks set forth below as required by the City of Tigard ("Client") for the completion of the Land Use Approval process for Universal Plaza. RIOS will provide the following services during Land Use Approval: 10.1. Coordinate with arborist on the Urban Forestry Report for the parcels adjacent to Universal Plaza through which contain the Fanno Creek Trail Connection Path (Tax Lots #203 and #204). 10.2. Produce drawings required for the Urban Forestry report for the parcels adjacent to Universal Plaza through which contain the Fanno Creek Trail Connection Path (Tax Lots #203 and #204). 10.3. Civil Engineering Services a. Coordination and meetings for overlook path. b. Environmental impact coordination and exhibits beyond the base scope. 0 0 0 O 0 0 0 0 0 0 0 0 0 NOOOo� NOOO oC aai U c �O V Z M 2 U Z O ro ° o o o° p O ON LIZ O M 2 O of y y y N N to y N a N N m E Z Z Z Z Z Z Z Z W c a .- U O er in fa of w O ro O z z z z z z z z z z m °o a ° o o ° ' c6 cde .". 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E n z 3 E 2 m _ C r G E w r a Q N w W x 0` v a ry M W d u O. 2 m Q a EE rn N 9 E .o c d 9 .o w E O 9 W o ot6c o N E '° w o. p _o w ' - p 0- p - n r ' o R _o w= a�F rn U O O 000 O � N m �t Ln �t n m 00 k. — e� rn � o lL) m r-I r-I q L U r- O O O N U 4- U f6 N m C: x* O 4- +, 4. U c c c u j m +�-+ J ' U w Q Q Q � p a m QJ p v 0 m H p m t W_ u Q) 4! 00 a 'vN 'v LO i i a1 a! '; DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75BIEBA130B6 EXHIBIT A-5 PROFESSIONAL SERVICES AGREEMENT TERMS AND CONDITIONS This proposal is conditioned by the existing Agreement between Rios,Inc. (RIOS)(Architect) and the City of Tigard, dated March 23, 2020. The terms and conditions of this Exhibit A-5 are in addition to the existing Agreement. New Professional Services for the following original tasks pursuant to Amendment 3 are as follows: 31. Initial Information a. The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change, and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. 32. Scope of Architect's Basic Services a. The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals.This Agreement relates back to and is effective as of the Architect's first performance of services related to the Project. b. The Architect shall manage the Architect's services,research applicable design criteria, attend Project meetings, communicate with members of the Project team,and report progress to the Owner. C. The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. d. As soon as practicable after the date of the Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. e. The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non-conforming Work,made or given without the Architect's written approval. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75BIEBA130B6 f. The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. g. The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. h. Notwithstanding any other provision of this Agreement, the Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances ("Standard of Care"). The Architect shall perform its services in accordance with the Standard of Care and the orderly progress of the Project. 33. Construction Documents Phase Services a. Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Owner supplied tests,inspections and reports. b. The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. C. The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required for Supplemental and Additional Services of the Architect's consultants and request the Owner's approval. 34. Construction Phase Services a. General • The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under the Agreement unless the Owner and the Architect amend the Agreement. • The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in the Agreement.The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75BIEBA130B6 • Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. b. Evaluations of the Work • The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents. However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. • The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees,or other persons or entities performing portions of the Work. • The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. • Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. • Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. 35. Certificates for Payment to Contractor a. The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75BIEBA130B6 evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. b. The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. C. The Architect shall maintain a record of the Applications and Certificates for Payment. 36. Submittals a. The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. b. The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. C. If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems,materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications,and approvals performed or provided by such design professionals. d. The Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75BIEBA130B6 e. The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. f. Project Completion g. The Architect shall: • conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; • issue Certificates of Substantial Completion; • forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, • issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. h. The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. i. When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum,if any, for final completion or correction of the Work. j. The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts,releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. k. Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. 37. Cost of the Work a. For purposes of the Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors'general conditions costs,overhead and profit.The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. b. The Owner's budget for the Cost of the Work is provided in Initial Information,and shall be adjusted throughout the Project as required. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work,prepared by the Architect,represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75131EBA130B6 C. In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget.The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques. d. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality,or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. e. If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall: • give written approval of an increase in the budget for the Cost of the Work; • authorize rebidding or renegotiating of the Project within a reasonable time; • terminate • in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work;or, • implement any other mutually acceptable alternative. f. If the Owner chooses to proceed under Section 9.e.iv, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 9.e.i. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as Extra Work, Changes, otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 8. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 BASIC DEFINITIONS FOR PROFESSIONAL SERVICES TERMS AND CONDITIONS Certificate of Payment The amount approved for payment by the Architect after the receipt of the Contractor's Application for Payment evidencing the amount of the Contract Sum then due to Contractor. Contract Sum The Contract Sum or Guaranteed Maximum Price (GMP) is stated in the Agreement and, including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. The terms "Contract Sum" and "GMP" are defined identically to each other. Contractor The Construction Manager/General Contractor identified in the Contract Documents for the construction of the Universal Plaza. Cost of the Work The term Cost of Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work and as set forth in AIA Document A201-2017. Construction Documents Includes the written and graphic instructions used for construction of the project. Documents must be accurate, consistent, complete,and understandable. Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. Product Data Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, Samples Physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judges. Shop Drawings Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work Subcontractor A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. Substantial Completion Date when Owner accepts in writing that the Work has reached that state of completion when it, or the designated portion of the Work, may be used or occupied for its intended purpose; and the Contractor,its Subcontractors of any tier, and its suppliers of any tier have completed or satisfied all conditions required of the Contractor for the issuance of a temporary certificate of occupancy; and the temporary certificate of occupancy has been issued by the authority having jurisdiction; and any other governmental approvals necessary to allow Owner to utilize or occupy the Work have been issued. The Contract The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract.A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or(4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work,generally including plans,elevations, sections,details, schedules, and diagrams. The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. DocuSign Envelope ID: FD2C1192-27ED-4486-A1 CB-75B1 EBA130B6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. The Work The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. CITY OF TIGARD-CONTRACT SUMMARY FORM Contract Overview Contract/Amendment Number: C200076 Amd1 Contract Start Date: 3/11/20 Contract End Date: 12 31 22 Contract Title: Universal Plaza Design Contractor Name: RIOS Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $643,300.00 Total All Previous Amendments: 0 Total of this Amendment: $98,480.00 Total Contract Amount: $741,780.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: LCRB Date: 1/5/21 (for amendment Account String: Fund-Division-Account Work Order—Activit):1=e Amount FY 21 940-8000-56005 92059-940-130 $98,480.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: N' lft- G Comments:This is the first of two amendments that will be coming forward under AIS-4500. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT UNIVERSAL PLAZA DESIGN C200076 AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and RCH Studios.,hereinafter referred to as Contractor is hereby amended as follows: 1. Contractor Name Change Contractor is now RIOS, formally RCH Studios. 2. Consultant's Scope of Services The scope of services is amended to perform professional design services as provided in Exhibit A-1, which is attached hereto and by this reference made a part of this Amendment. 3. Compensation A. As compensation for the professional consulting services as described in Exhibit A-1 of this Amendment, Contractor will be paid based upon the Fee Schedule in Exhibit A-2 of this Amendment. The Basic Fee shall be adjusted by Ninety-Eight Thousand Four Hundred Eighty and No/100 Dollars ($98,480.00) for a total not to exceed amount of Seven Hundred Forty-One Thousand Seven Hundred Eighty No/100 Dollars ($741,780.00). 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 RIGS /4�,T Signature Signature Steve Rymer Mark Motonaga Printed Name Printed Name 03/29/2021 3/29/2021 Date Date EXHIBIT A-1 SCOPE OF SERVICES Contractor agrees to provide additional project design and implementation services to include Design Development and Land Use approval for the following features consistent with the"Phase One Plus"concept approved by the City of Tigard (attached): 1. Interactive water feature 2. Restroom (4 stalls) 3. Concessions building; 4. Seating and other site furnishings; 5. Lawn areas, planting; 6. Site lighting; 7. Paved areas; and 8. Signage. The Contractor's team has provided a Phase One Plus cost estimate of $3,540,125.00 which has been identified as the Project Budget MGAC construction estimate dated 12.01.20 as attached. Professional services include overall design leadership and management,landscape architecture,architectural design of the restroom and concessions building, and experiential graphic design and signage. The services described in this Amendment will be performed consistent with the Project Schedule (attached). New services for the following original tasks (underlined below) pursuant to Amendment 1 are as follows: Task 5: Design Development: Timeline: 2 months Upon completion of the Schematic Design Phase tasks, and upon written notice to proceed to Design Development, Contractor will prepare a design development package based upon the approved Schematic Design. Design Development Phase tasks will include: 5.1 Manage project and coordinate with City and subconsultant team. 5.2 Conduct weekly teleconference check-ins with Shiels Obletz Johnsen SOJA Owners Representative and City. 5.3 Conduct biweekly teleconference design reviews with SOJ and City of Tigard. 5.4 Provide meeting notes for each meeting SOJ and the City does not attend. 5.5 Brief subconsultant team on City and stakeholder comments. 5.6 Prepare design development package a. updated illustrative plan b. updated renderings (same views as SD) c. cover sheet and general notes d. floor plans e. reflected ceiling plan f. building elevations and sections g. interior elevations showing materials, cabinetry, lighting, finishes, and key dimensions h. hardscape materials plan i. hardscape sections j. planting plan k. experiential graphic design and signage plans/elevations 1. Lighting layout,luminaire selection and specifications 5.7 Prepare DD basis of design narrative. 5.8 Prepare outline specifications. 5.9 Review design development package and cost estimate with Working Group (1 RCHS trip, 2 attendees). 5.10 Land Use Approval: a. Prepare land use approval drawings. b. Manage project and coordinate with City and subconsultant team. c. Attend land use approval presentation. d. Reformat schematic design drawings as necessary and submit for land use approval. e. Make corrections and revisions to design based on land use approval requirements. 5.11 Interactive water feature a. Review the existing design materials. b. Develop composition alternatives to explore design options and obtain an approved preliminary design direction. Present and discuss alternatives with the City,if requested. c. Coordinate with the landscape,architectural, structural,plumbing and other members of the project team. d. Prepare a set of design and engineering drawings sufficient to convey intent. The deliverables include general notes, site plan, finishes plans,basin plans, elevations, sections, details, specification information,preliminary equipment schedules,piping and instrumentation diagrams (MID), single- line electrical diagrams, electrical panel schedules, and preliminary machine room plans. e. Develop back-of-house information,including machine room size, and utilities requirements. f. Provide Construction Cost Estimates and Operations Cost Estimates of the water feature designs. g. Provide digital copies of the work at 50% and 100% stages of completion. 5.12 Civil Engineering a. Coordinate with local franchise utility providers regarding relocation and/or removal of lines within the project site. Coordinate with the natural gas provider as needed to determine the location of the meter, ervice and main lines, and design criteria. The design of the gas system will be done by others based on demands provided by MEP engineers. The layout will be shown on the civil plans for reference only. d. Prepare preliminary earthwork calculations. e. Coordinate with cost estimating consultant regarding the cost estimate for the civil work. f. Suggest possible changes to effect project savings. g. Prepare Design Development drawings for submittal. h. Attend design and coordination meetings. i. Provide exhibits and support for the land-use process. 5.13 Structural Engineering a. Prepare the structural drawings, specifications and calculations for: • An 800 square foot, single story Concrete Masonry Unit CMU) restroom/concessions building. • Underground vault for water feature pump equipment. • Depressed slab at the water feature. • Light pole foundations. It is assumed that light poles will be a manufacturer designed product. • Retaining walls and minor site structures under 4 ft tall that require structural calculations and details to obtain building permit. b. Provide structural mark up of landscape details as requested. c. Attend online design meetings as requested. d. Review structural cost estimates and recommend value engineering options where Possible to assist with budgeting_ 5.14 Electrical Engineering a. Coordination of serving utility service and Power distribution design associated with the Plaza, signage,pedestrian walkways,water feature and restroom building as well as electrical connections to all lighting and convenience power. b. Mechanical and plumbing coordination and design associated with the water feature and restroom building. c. Lighting design including coordination of the luminaire selections for the restroom buildingas in the Plaza area and pedestrian access areas. • Design, specifications, and one-line diagrams associated with the lighting control system consisting of a fully programmable digital lighting control package. • Photometric analysis associated with the final design of exterior lighting. d. Attend up to three (3) meetings during the Design Development phase. e. Electrical Utilities Coordination. • Power Utility: Site raceway system,vault/pedestal locations and sizes, revenue meter location/requirements,transformer pad location(s),and available fault current. f. Building Power Distribution. • Site power distribution design. • Design for connection of Owner's equipment based on Owner-provided load information. • Design for connection to exterior signage based on information provided by others. • Design for any quired power and controls associated with lighting systems. • Design for connection to water feature equipment. • Coordination and conduit layout associated with all lighting and lighting control systems. g. Lighting Design. • Exterior lighting design associated with site,landscape,pathway and exhibit elements as well as lighting associated with the restroom building, • Control of lighting system. • State Energy Code lighting compliance calculations. Includes calculation for final layout. • Site lighting with point-by-point photometric analysis. 5.15 Mechanical Engineering a. Heating,Ventilating, and Air Conditioning Systems. • Space heating and ventilation design for areas not requiring air conditioning_ • Building exhaust systems design. • Performance specifications for temperature control or building energy management system. • Heating and cooling load calculations. • State Energy Code calculations for envelope and mechanical systems. • Envelope code check utilizing envelope tradeoff software or equivalent. b. Plumbing Systems. • Sanitary drainage,vent, domestic water, storm water, and natural gas system design from five feet outside each building. • Plumbing fixture specifications. • Ci1Y provided equipment connections based on information provided by the City and/or a separate consultant. • Water and sanitary connection to water feature equipment. 5.16 Environmental Consulting Includes project research,water use and water pressure calculations, coordination of water points of connection and electrical power locations,mainline routing and sizing and preliminary irrigation materials legend and installation details (100% only). Task 5 Deliverables: • DD drawing set (30x42 CAD and PDF) • DD basis of design narrative (8.5x11 PDF) • DD construction cost estimate (8.5x11 PDF) • Outline specifications (8.5x11 PDF) • DD highlights presentation (11x17 PDF and JPGs of illustrations) • Civil Engineering DD drawings at 100% o Cover Sheet, Notes and Abbreviations o Existing Conditions (These plans are a copy of the boundary and topographic survey identifying_property lines, easements, right-of-way lines, information added to the base file from as-builts, and improvements made to previous phases of work.) o Demolition Plan o Site Layout and Paving Plan o Grading and Drainage Plan o Utility Plans o Erosion Control Plan o Detail Sheets • Draft specifications for the civil related work items. Assumptions and Clarifications 1. Any services in addition to the foregoing services that will result in fees or charges payable by City shall require an amendment or separate agreement signed by both parties detailing the additional scope and costs. 2. In order to provide the City with market value construction costs through competitive selection, and to avoid the special costs of proprietary systems,it is the practice of Contractor subconsultant,Fluidity,to specify readily available market components. An exception applies to the Animation Control System, which is generally specified from a single source or approved equal. This is to achieve an efficient and economical programming service resulting from computer language familiarity and the elimination of CM/GC provided programmer personnel. Animation control hardware shall adhere to Fluidity's specifications, as programs are authored within specific software,and the hardware must support the software. 3. Platting or land use/zoning changes to support the proposed program and uses will not be required and has been excluded from the work provided in this Amendment. 4. Public works plans will be prepared for back-of-curb,including curb extensions,but roadway improvements beyond the curb are not included in this scope of this Amendment Adding additional traffic lanes, turn lanes, etc. would require a contract amendment. 5. The City and Contractor will confirm the budget after each construction cost estimate and decide on value engineering measures to keep the project on budget. A change in the scope of work to accommodate additional features or changes that require rework of approved design may require additional services. 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PALU 19345 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ z Fluidity-Water Feature Design&Engineering 724 S Spring St.,Ste. 1401 Los Angeles,CA 90014 213.739.9291 A-03 / / / / / / / / / / / / / / / / / / \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ / / / / / / / / / / / Engineering � KPFF-Civil � � KPFF-Structural Engineering 111 SW Fifth Ave.,Ste.2600 \ , Portland,OR 97204 / / / / / / / / / / / / / / / / / / / / / / / / / / /\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ / / / / / / / / / / / / / / / / / / - I - , • ;' /�-, ° � ��;',� 503.542.3860 A-02 Interface-Electrical Engineering Interface Lighting Design Interface Mechanical Interface Plumbing Engineering Engineering e" 100 SW Main St.,Ste. 1600 LAWN ` 1 Portland,OR 97204 503.382.2266 x.00 O / / P-51 / Sweeney&Associates Irrigation Design E-02 % 38730 SkyCanyon Dr.,Ste.C W ` 0 Murrieta,CA 92563 J A-02 951.461.6830 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / li LU O ) / / / / / / LAWN � � A-02 NOT FOR 2 / / / / / / / / / / / / / Z E-02 � � � P-52 �: = CONSTRUCTION LAWN Dy�O p / / / / / / / / / / / / / / / / / / / / / / / / / �: k cis � o rn E-02 / / / / / / / / / / / / / / / / / / / / / / / / / / / p rn P-51 P.A. it Z m J II /-i / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ✓ / / / 5 / / / Universal Plaza I / / / / / / / / / / / i / / / / / / / / / / / / / / / / / / / / / / / ✓ / / / / / / / / / / / / / / / / / / / / / / / / /�7 1-7-1 �1-7-1 / �� 7--1 /X7 1-7-1-7-1 1�1 1-7-1 �� 1-7-1 /-7- 7� ��/�1 /�1 1-7-1�7 1-7-1 �/�1 ��/tel �� l �� 1-7-/�7 ��1-7-1 1-7-1 � �� 1_7_/�/ /-7`]/ i - - \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ v \ v \ \ \ \ 3 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ v v \ \ \ \ \ �� \ \ \ \ \ \ \ \ \ \ \ \ 14 v \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ V P-53 \ \ \ \ \ \ \ � \ \ \ \ \ \ \ V' \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ V 12 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ P-53 vvvvvvvvvvvvvvvvv vvvv vvvv vvvv � vvvvvv A 9110 SW Burnham St. Tllgrd, OR \ \ \ \ \rx F_ - F_ -1 F_ -I ' F_ 97223 g A \ \ 1 \ \ I \ \ \ V LAWN \ \ \ \ I i I I I P.A. \ Z I \ \ \ \ \ V 13 4 \ \ �� \ \ I I \ \ V 7 F_ -1 F_ -1 77 77 F_ -1 F_ -1 77 F_ -1 F_ -1 77 , F_ -1 F- 7 F_ -1 F_ yS r — — _ - - — --- P.A. I ---- O ENI AlbEdObd 4 KEYNOTES PAVING SCHEDULE HARDSCAPE PLAN SYMBOL DESCRIPTION SYMBOL DESCRIPTION Scale: 1"= 10' 1 O 32 TALL POLE W/ MULTIPLE LUMINAIRES & P-04 CAST-IN-PLACE TERRAZZO y DD 50% 19 February 2021 DEVICES, CONC. FOOTING, TYP. y OINTERACTIVE WATER FEATURE; SEE WATER MP-51 ASPHALT PAVING 2 FEATURE DRAWINGS P-52 CHIPSEAL O RESTROOM & CONCESSION BUILDING; SEE ARCH. DRAWINGS (P-5)3 POROUS ASPHALT EXTENTS OF FUTURE ARCH. IMPROVEMENTS, TYP. O (N.I.S.) 05 IN-GRADE PATH LIGHT, TYP. EDGES & CURBS SCHEDULE O ELECTRICAL OUTLET, TYP. SYMBOL DESCRIPTION 07 BIOFILTRATION AREA; SEE CIVIL DRAWINGS E-02 METAL HEADER FUTURE BOARDWALK TO FANNO CREEK TRAIL O (N.I.S.) W HARDSCAPE PLAN CM O EXTENTS OF FUTURE OVERHEAD CANOPY (N.I.S.) CUSTOM AMENITIES MECM 15' TALL POLE W/ LUMINAIRE & CONC. 10 FOUNDATION, TYP. SYMBOL DESCRIPTION 11 TREE UPLIGHT, TYP. POWDER-COATED STEEL SWINGS W/ WOOD ao 16 February 2021 (A__o1SEATING EXTENTS OF WATER FEATURE TANK BELOW, SEE WATER FEATURE DRAWINGS DRAWINGS (Am-_02 18" H CONC. SEATING W/ INTEGRAL HEATING Q 1" = 10' F [WHEN PRINTED ON 30"X42"SHEEP] 13 EXTENTS OF WATER FEATURE VAULT BELOW, SEE (A-0)3 HEATED BOULDER, TYP. WATER FEATURE DRAWINGS DRAWINGS 0 10' 20' 30' 14 IN-GRADE HOSE BIB TYP. 10 z ■ 1"=10' 0 © Rios, INC CONCEPTUAL DESIGN COST PLAN Tigard Universal Plaza Tigard, Oregon rios 3101 exposition place, los angeles, california 90018 December 1, 2020 Project No:E6260.110 Report by MGAC Jose A. Ramirez 1213-417-7541 1 jramirez@mgac.com Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Contents Page Nos. Project Overview 1 Basis of Cost Plan 2 Project Budget Allocation 3 Overall Summary 5 Ancillary Buildings 6 Site Areas 7 Scenario A 8 Alternates 12 Project No:E6260.110 Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Basis of Cost Plan Description The project comprises the construction of Universal Plaza including Community room located at S Burnham St., Tigard, Oregon Documents/Drawings The Cost Plan is based on the Concept Design costing materials,take-off and topography received on 10/29/20 and 11/25/20 Schedule The cost plan assumes a construction schedule as follows Phase 1: Start date of November 2021 and a construction duration or 10 months Phase 2: Start date of July 2027 and a construction duration of 10 months Assumptions/Clarifications The contractor will have full access to the site during normal working hours There are phasing requirements The cost plan assumes competitive bidding of all work and union labor/prevailing wage Allowance for Water feature budget from Fluidity Option 1: $665,020 for Mist& Pool and $428,075 for Pumps, Jets&lighting (before mark-ups) Option 2: $1,093,095(before mark-ups) FF&E allowance-$50,000 Planting area allowance-$ 16/SF Market Condition All estimated construction costs are based on current(Oct 2020) unit rates and market conditions. MGAC is recommending the following annual rates of escalation to cover anticipated increases in the cost of labor and/ or materials between now and at the time of bid: 2021 -4.5% P.A. 2022-4.5% P.A. 2023 and beyond-3.50% P.A. The potential impact of COVID-19 on construction costs is still to be determined in terms of both short-term (1-6 months)and longer term (+7 months). Much will depend on how current projects in construction are effected and whether they continue either as per schedule or with extended schedules to accommodate new working requirements,or stop temporarily or even permanently. The volume of future projects will also play a significant part in how construction costs change over time. Until this becomes clearer it is MGAC's opinion that the recommended annual escalation rates be accounted for in any financial planning for future projects. Project No:E6260.110 2 Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Project Budget Allocation The information below identifies the assumptions included in this cost report relative to allocation of costs. Items listed under construction costs are included in the cost estimate and are anticipated to be part of the construction contract. Items listed under project soft costs are not included in the cost estimate and are assumed to be provided under a separate budget. Items listed as"not applicable"are assumed not to be included in any budget as the item is not required. Item Project Capital Costs Notes. Construction Project Soft Not Cost. Cost. Applicable. PROPERTY ACQUISITION/ DEVELOPMENT Removal of existing buildings and V structures On-Site Utilities Relocation and/or V Removal Off-Site Utilities Improvements V Connection to Utilities(charges and fees) Street/sidewalk improvements Moving and Relocation Expenses V II. HAZARDOUS MATERIAL ABATEMENT Building Site V III. PROFESSIONAL SERVICES Architecture and Engineering Design V Fees Project Management Fees V Geotechnical&Survey V Materials Testing&Inspection V Third Party Commissioning V LEED Consultant Fees V LEED Certification Fees V IV. SYSTEMS, FURNISHINGS & EQUIPMENT V b. FURNITURE V c. FURNISHINGS Window Treatments V Markerboards and tackboards V Lockers V Site Furniture V see FF&E allowance d. EQUIPMENT V Project No:E6260.110 3 Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Project Budget Allocation The information below identifies the assumptions included in this cost report relative to allocation of costs. Items listed under construction costs are included in the cost estimate and are anticipated to be part of the construction contract. Items listed under project soft costs are not included in the cost estimate and are assumed to be provided under a separate budget. Items listed as"not applicable"are assumed not to be included in any budget as the item is not required. Item Project Capital Costs Notes. Construction Project Soft Not Cost. Cost. Applicable. e. SIGNAGE Directional Signage Informational and Identification Signage V Code Required Signage f. PROCUREMENT Pre-construction Services V Procurement based on design-bid-build Bonds V Insurance V Professional liability insurance by Contractor g. CONTINGENCIES Design Contingency Construction Contingency V Owner's Contingency V h. ESCALATION Labor& Material Escalation V To planned construction midpoint Project No:E6260.110 4 Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Overall Summary SF $/SF TOTAL % $x 1,000 SCENARIO A S1 Phase 1 Sitework 52,400 44.58 2,336 33% FF&E allowance 52,400 0.95 50 1% Escalation to Midpoint(Apr 2022) 6.83% 163 2% Sub-Total Phase 1 2,549 36% B1 Community Rooms& Restrooms 1,900 565.46 1,074 15% S2 Phase 2 Sitework 52,400 44.60 2,337 33% Escalation to Midpoint(Dec 2027) 32.62% 1,113 16% Sub-Total Phase 2 4,524 64% TOTAL BUILDING AND SITEWORK 7,073 100% Alternates Alternate 1: CIP concrete vs asphalt chipseal finish 769 Alternate 2: Premium for Amended top soil at Lawn area 300 Alternate 3: Elevated Walkway 849 Project No:E6260.110 5 Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Ancillary Building Item Description Quantity Unit Rate Total Scenario A Phase 2 Community Room 1,100 SF 450.00 495,000 Restrooms, all gender(4 EA) 800 SF 325.00 260,000 Alternate Cost Before Markups 755,000 Z10 Design Contingency 10.00% 75,500 Z11 Phasing Premium 7.50% 62,288 Z21 General Conditions 14.00% 124,990 Z22 Bonds& Insurance 1.50% 15,267 Z23 Contractor's Overhead, Profit& Fee 4.00% 41,322 Z30 Escalation to Midpoint see Overall Summary 1,074,366 Project No:E6260.110 6 Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Site Areas SF SF SF Areas Net Site Areas Hardscape 24,200 Plaza Hardscape 24,200 Softscape 26,300 Planting area 7,800 Bio filtration Landscape buffer 3,500 Lawn 14,100 Water Feature 900 Net Site Area 50,500 Building Footprint Areas Community Room 1,100 Restrooms 800 Subtotal of Building Footprint Areas 1,900 GROSS SITE AREA 52,400 Project No:E6260.110 7 Tigard Universal Plaza Tigard,Oregon December 1,2020 Conceptual Design Cost Plan Scenario A Summary Phase 1 Phase 2 TOTAL$x TOTAL$x Ref. Description % $/SF 1,000 $/SF 1,000 Gross Area: 52,400 SF 52,400 SF G10 Site Preparation 5% 4.06 213 0.80 42 G20 Site Improvements 59% 23.95 1,255 28.58 1,498 G30 Site Mechanical Utilities 5% 3.35 175 0.84 44 G40 Site Electrical Utilities 3% 2.33 122 0.00 0 G90 Other Site Construction 0% 0.00 0 0.00 0 G Building Sitework 72% 33.68 1,765 30.22 1,584 SITE ELEMENTAL COST BEFORE CONTINGENCIES 72% 33.68 1,765 30.22 1,584 Z10 Design Contingency 10.00% 7% 3.37 177 3.02 158 Z11 Phasing Premium(allow$200K) 4% 0.00 0 3.82 200 SITE ELEMENTAL COST INCLUDING CONTINGENCIES 83% 37.05 1,942 37.06 1,942 Z21 General Conditions 14.00% 12% 5.19 272 5.19 272 Z22 Bonds&Insurance 1.50% 1% 0.63 33 0.63 33 Z23 Contractor's Overhead,Profit&Fee 4.00% 4% 1.71 90 1.72 90 SITE CONSTRUCTION COST BEFORE ESCALATION 100% 44.59 2,336 44.60 2,337 Z30 Escalation to Midpoint see Overall Summary see Overall Summary RECOMMENDED BUDGET-December,2027 100% 44.58 2,336 44.60 2,337 Project No:E6260.110 8 Tigard Universal Plaza Tigard,Oregon December 1,2020 Conceptual Design Cost Plan Scenario A Item Description Quantity Unit Rate Total Phase1 Phase 2 G10 Site Preparation G1010 Site Clearing 20,000 General site clearing 1 LS 20,000.00 20,000 20,000 G1020 Site Demolition and Relocations 92,500 Existing building demolition City Center Dev't Agency Bldg NIA Shed NIA Strip and remove-asphalt paving/lawn 50,500 SF 1.00 50,500 50,500 Miscellaneous demolition/removal of trees,fencing,etc 1 LS 20,000.00 20,000 20,000 Demo Lawn 7,000 SF 1.00 7,000 7,000 Protection to existing 1 LS 15,000.00 15,000 15,000 G1030 Site Earthwork 142,035 Rough grading 50,500 SF 0.50 25,250 25,250 Fine grading 38,300 SF 1.25 47,875 47,875 Premium for variation in grading-Lawn area 14,100 SF 2.00 28,200 28,200 Erosion control 52,400 SF 0.40 20,960 20,960 Rough grading-Phase 2 7,000 SF 0.50 3,500 3,500 Fine grading-Phase 2 7,000 SF 1.25 8,750 8,750 Erosion control-Phase 2 10,000 SF 0.75 7,500 7,500 G1040 Hazardous Waste Remediation Not included 254,535 212,785 41,750 G20 Site Improvements G2040 Site Development 2,293,810 Site paving Asphalt Phase 1 24,200 SF 5.00 121,000 121,000 Phase 2 4,700 SF 9.00 42,300 42,300 Precast concrete pavers NIA Concrete curbs-allowance N/A N/A Premium for steps and ADA ramps-allowance NIA Fence and Gates Fence and gates-allowance NIA Site Structures Architectural canopy,steel framed with transparent polycarbonate Canopy 1 5,000 SF 150.00 750,000 750,000 Canopy 2 NIA Project No:E6260.110 9 Tigard Universal Plaza Tigard,Oregon December 1,2020 Conceptual Design Cost Plan Scenario A Item Description Quantity Unit Rate Total Phase1 Phase 2 Elevated wood walkway,30"above grade all weather finish,12'-20'wide Deck including post and foundation/pedestal Alternates Guardrailing Alternates Water feature(Budget from Fluidity) Mist&Pool 1 LS 665,020.00 665,020 665,020 Pumps,jets,lights 1 LS 428,075.00 428,075 428,075 Addition mobilization for Phase 2 1 LS 85,615.00 85,615 85,615 Amphitheater seating,3 levels 60 LF 1,500.00 90,000 90,000 Planter walls NIA Site furnishings Porch swings(5 swings)including foundation 1 LS 25,000.00 25,000 25,000 Information,Wayfinding signage and code required signage 1 LS 50,000.00 50,000 50,000 Bike racks 8 EA 600.00 4,800 4,800 Trash receptacles 4 EA 2,000.00 8,000 8,000 Removable traffic bollards 10 EA 1,500.00 15,000 15,000 BBQ coal grills 3 EA 3,000.00 9,000 9,000 Precast concrete benches NIA Guardrailings-allowance NIA Tree grates-allowance NIA Movable tables FF&E Ancillary Buildings Community room separate section Restrooms,all gender(4 EA) separate section G2050 Landscaping 458,865 Landscaping Soil preparation including grading and topsoil 1,026 CY 70.00 71,815 65,852 5,963 Trees,3"caliper(allow 36"box) 35 EA 1,600.00 56,000 56,000 Planting areas-seeded,small caliper,local plant Phase 1 7,800 SF 16.00 124,800 124,800 Phase 2 2,300 SF 16.00 36,800 36,800 Lawn grass 14,100 SF 2.50 35,250 35,250 Bio filtration landscape buffer 3,500 SF 16.00 56,000 56,000 Heated boulders 1 LS 50,000.00 50,000 50,000 Sensory garden-expressive large,dense planting N/A Stabilized decomposed granite NIA Stabilized decomposed granite @ Phase 2 N/A Site irrigation Planting area excluded Lawn 14,100 SF 2.00 28,200 28,200 2,752,675 1,254,922 1,497,753 Project No:E6260.110 10 Tigard Universal Plaza Tigard,Oregon December 1,2020 Conceptual Design Cost Plan Scenario A Item Description Quantity Unit Rate Total Phase1 Phase 2 G30 Site Mechanical Utilities G3010 Water Supply 45,500 Drinking fountains 1 EA 8,000.00 8,000 8,000 Domestic water pipework,fittings,-3",allowance 100 LF 85.00 8,500 8,500 Fire water pipework,fittings,-3",allowance 100 LF 90.00 9,000 9,000 Valves and specialties 1 LS 10,000.00 10,000 10,000 Connection to existing 1 LS 10,000.00 10,000 10,000 G3020 Sanitary Sewer 36,000 Underground pipework,fittings,allow 100 LF 110.00 11,000 11,000 Manholes,connection to existing,etc 1 LS 25,000.00 25,000 25,000 G3030 Storm Sewer 137,850 Site drainage-allow at Plaza hardscape areas 24,200 SF 4.25 102,850 102,850 Bio-filtration,underdrain pipework 3,500 SF 10.00 35,000 35,000 G3060 Fuel Distribution Natural gas NIA G3090 Other Site Mechanical Utilities N/A 219,350 175,350 44,000 G40 Site Electrical Utilities G4010 Electrical Distribution 20,000 Connection to existing 1 LS 7,500.00 7,500 7,500 Pull box,transformer,feeder conduit cable-allowance 1 LS 12,500.00 12,500 12,500 G4020 Site Lighting 102,000 Pedestrian pole mounted lights 12 EA 8,500.00 102,000 102,000 G4030 Site Communications&Security Allowance NIA G4090 Other Site Electrical Utilities 122,000 122,000 G90 Other Site Construction N/A 0 0 Project No:E6260.110 11 Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Alternates Item Description Quantity Unit Rate Total Alternate 1: CIP concrete vs asphalt chipseal finish Add CIP concrete with top cast 28,900 SF 22.50 650,250 Deduct Asphalt chipseal finish (28,900) SF 5.00 (144,500) Alternate Cost Before Markups 505,750 Z10 Design Contingency 10.00% 50,575 Z11 Phasing Premium 7.50% 41,724 Z21 General Conditions 14.00% 83,727 Z22 Bonds& Insurance 1.50% 10,227 Z23 Contractor's Overhead, Profit& Fee 4.00% 27,680 Z30 Escalation to Midpoint(Apr 2022) 6.83% 49,121 768,804 Alternate 2: Premium for Amended top soil at Lawn area Turf 14,100 SF 9.00 126,900 Premium for amended soil, allow 12"thick 522 CY 135.00 70,500 Alternate Cost Before Markups 197,400 Z10 Design Contingency 10.00% 19,740 Z11 Phasing Premium 7.50% 16,286 Z21 General Conditions 14.00% 32,680 Z22 Bonds& Insurance 1.50% 3,992 Z23 Contractor's Overhead, Profit& Fee 4.00% 10,804 Z30 Escalation to Midpoint(Apr 2022) 6.83% 19,173 300,073 Project No:E6260.110 12 Tigard Universal Plaza Tigard, Oregon December 1, 2020 Conceptual Design Cost Plan Alternates Item Description Quantity Unit Rate Total Alternate 3: Elevated Walkway Elevated wood walkway, 30"above grade all weather finish, 12'-20'wide Deck including post and foundation/pedestal 6,000 SF 75.00 450,000 Guardrailing NIA Alternate Cost Before Markups 450,000 Z10 Design Contingency 10.00% 45,000 Z11 Phasing Premium 7.50% 37,125 Z21 General Conditions 14.00% 74,498 Z22 Bonds& Insurance 1.50% 9,099 Z23 Contractor's Overhead, Profit& Fee 4.00% 24,629 Z30 Escalation to Midpoint(Dec 2027) 32.62% 208,872 849,223 Project No:E6260.110 13 JIGARD UNIVERSAL PLAZA 1 2 1 2022 02.22.21 JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY R109-1 000off— DESIGN DEVELOPMENT 100%DD Set 2 MONTHS 100%DD Cost Estimate 2 WEEKS Owner Review&Comment 2 WEEKS CONSTRUCTION DOCUMENTS 50%CD SET 2 MONTHS 90%CD SET(Permit&GMP Set) 2 MONTHS Owner Review&Comment LAND USE APPROVAL Pre-Application Conference MARCH Review and approval 3 MONTHS BOND MEASURE MAY PERMITTING 2 MONTHS CM/GC 14 Findings Published 2 WEEKS MAR.3 Required 14 day waiting period 2 WEEKS Public Hearing MAR.17 Submit to Council MAR.23 Council Authorization APR.6 CONTRACTOR SELECTION(1) RFP Prep/Issued 6 WEEKS APR.7 RFP Response Period 30 DAYS MAY.7 Shortlist/Interview/Select 2 WEEKS MAY.28 Appeal Period 2 WEEKS Contract Negotiation 3 WEEKS Drawing/Constructibility/Cost Review. Contractor GMP Proposal 3 WEEKS GMP Contract Amendment 2 WEEKS Construction Notice to Proceed (NTP) JANUARY (1)THIS SCHEDULE DEPENDANT ON USE OF THE AIA CONTRACTS Exhibit A-2 Fee Schedule Design Development/ Land Use Consultant Scope Contract Cost Rios Landscape Architecture Executed Contract C200076 0 Rios Restroom/Kiosk Arch Amendment#1 $ 21,000.00 Rios Signage Executed Contract C200076 $ - KPFF Civil Engineering Amendment#1 $ 16,000.00 KPFF Structural Engineering Amendment#1 $ 7,000.00 Fluidity Water Feature Design Amendment#1 $ 22,000.00 Interface Electrcial Engineering Amendment#1 $ 9,000.00 Interface Plumbing Amendment#1 $ 5,000.00 Interface Mechanical Engineering Amendment#1 $ 4,000.00 Interface Lighting Amendment#1 $ 4,000.00 Pacific Habitat Services Ecological Consulting Amendment#1 $ 2,000.00 MGAC Cost Estimating Amendment#1 $ 7,500.00 Sweeney&Associates Irrigation Design Amendment#1 $ 980.00 TOTAL $ 98,480.00 Executed Contract: $ 643,300.00 New Contract Total $ 741,780.00 CITY OF TIGARD„OREGON-CONTRACT SUMMARY FORM (THIS FORM MUSTACCOMPANYEVER Y CONTRACT) Contract Title: Universal Plaza Activation_Des'DesLji, Construction and Pr 'ect Mgt. Numbe N9 Contractor: RCH Studios Contract Total: $643,300 Contract Overview: For the activation phase. the consultant team will fabricate and produce installations„ seating, shade and water features, event happenings and exhibits. For the design phase, the consultants will produce Conceptual Framework Design Plan Schematic Design Dramdpgs and Cost Estimates Land Use Approval Submittal_Design_Development Drawings. and Construction Drawings. Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Sean Farrell- Ext: 2420 Department: CD Type: ❑ Personal Svc ® Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase ❑ Other: Start Date: 3/12/20 End Date: 12/31/22 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE RCH Studios 111 2 Ink Studios 109 Grains of Salt 97 Resolve Architecture 92 Account String: Fund-Division-Account Work Order—Activii,Ty12e Amount FY 19-20 940-8000-56005 92059-940-130 $243.000 FY 20-21 940-8000-56005 _ 92059-940-130 $400.300 FY FY FY Approvals - LCRB Date: 02 2S 2 24 Department Comments: Department Signature: Purchasing Comments: L Purchasing Signature: City Manager Comments: _ City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Ofce along with a completed Contract Checklist. Version Date: 10/7/19 City ofTiga td dao Qo7 FINANCE AND INFORMATION SERVICES QUALIFICATION BASED REQUEST FOR PROPOSAL (QBS) UNIVERSAL PLAZA ACTIVATION, DESIGN, CONSTRUCTION AND PROJECT MANAGEMENT Proposals Due: Thursday,November 21 2019 - 2:00.12.m. local time Proposer must include one 1 original and one 1 electronic . df copy on a portable USB drive (thumb drive] Submit Proposals To: City of Tigard—Contracts & Purchasing Office Attn: Jamie Greenberg, Purchasing Specialist 13125 SW Hall Blvd. Tigard, Oregon 97223 Direct Questions To: Sean Farrelly,Redevelopment Project Manager Email: sean c dgard-or.gov City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 1 (503) 639-41711 www.tigard-or.,gov PUBLIC NOTICE QUALIFICATION BASED REQUEST FOR PROPOSAL UNIVERSAL PLAZA ACTIVATION,DESIGN,CONSTRUCTION AND ENGINEERING The City of Tigard/ Town Center Development Agency (ICDA) is seeking sealed proposals from firms qualified to provide professional services to assist with the design and engineering of the Universal Plaza. Proposals will be received until 2:00 p.m. local time, Thursday, November 21, 2019, at Tigard City Hall's Utility Billing Counter at 13125 SW Hall Blvd., Tigard, Or 97223. Proposals will be scored and ranked on a qualification basis and the TCDA will enter into negotiations with the top-ranking firm. A non-mandatory Pre-Proposal Meeting will be held at 2:00 PM on Wednesday, October 30, 2019 at City of Tigard Public Work Auditorium located at 8777 SW Burnham St. Tigard OR 97223. No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and electronic (email) proposals will not be accepted nor will any proposal be accepted after the stated due date and time. Any proposal received after the closing time will be returned to the submitting firm unopened after a contract has been awarded for the required services. RFP packets may be downloaded from www.tigard-or.gov/bids or obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard, Or 97223. Proposers are required to certify non-discrimination in employment practices and identify resident status as defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy. The TCDA may reject any proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding of the TCDA if it is in the public interest to do so. PUBLISHED: Dail�ournal of Commerce DATE: Wednesday, October 16,2019 QBS—Universal Plaza activation,Design and Project Management 21 P a g e Close— TABLE OF CONTENTS TITLE PAGE TitlePage-----------------------------------------------------------------------------------------------------------1 Public Notice 2 Table of Contents 3 SECTIONS Section 1 Introduction 4 Section 2 Proposer's Special Instructions-------------------------------------------------- --------------------- 4. Section3 Background--------------------------------------- -------------------------------------------------------------- 7 Section 4 Scope and Schedule of Work-----------------------------------------------------------------------------8 Section 5 Proposal Content and Format-------------------------------------------------------------------------10 Section 6 Proposal Evaluation Procedures------- --------- --------- -------- -- --------------------------12 Section 7 Proposal Certifications----------- --------- --------- -------- -------- -------- -------- --------14 Section 8 Signature Page-------------------------------------------------- -----------------------------------------------15 ATTACHMENTS Attachment A Acknowledgement of Addenda.......................................................................16 Attachment B Statement of Proposal____________ _________ ________ ________ ________ 17 Attachment C City of Tigard Personal Services Agreement____________-------------------------------- ....... 18 Attachment D RESOLVE Architecture and Planning Preliminary Concept Attachment E Tigard Universal Plaza Design and Engineering RFP Design Brief Attachment F Public Life Public Space ("PLPS") Insights Brief Attachment G Contact list for potential"Activation Experts" Attachment H Map of site QBS—Universal Plaza Activation,Design and Project Management 3 1 P a g e Close— SECTION 1 INTRODUCTION The City of Tigard/ Town Center Development Agency (ICDA) is seeking sealed proposals from firms qualified to provide professional services to assist with the Universal Plaza project. Proposals will be received until 2:00 p.m. local time,Thursday,November 21,2019,at Tigard City Hall's Utility Billing Counter at 13125 SW Hall Blvd., Tigard, Oregon 97223. Proposals will be scored and ranked on a qualification basis and the TCDA will enter into negotiations with the top-ranking firm. A non-mandatory Pre-Proposal meeting will be held at 2:00 PM at Tigard Public Works Auditorium at 8777 SW Burnham St,Tigard OR 97223 on Wednesday, October 30,2019. No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and electronic (email) proposals will not be accepted nor will any proposal be accepted after the stated due date and time. Any proposal received after the closing time will be returned to the submitting firm unopened after a contract has been awarded for the required services. Proposers are required to certify non-discrimination in employment practices and identify resident status as defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy. The TCDA may reject any proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding of the TCDA if it is in the public interest to do so. SECTION 2 PROPOSER'S SPECIAL INSTRUCTIONS A. PROPOSED TIMELINES October 16 2019 Advertisement and Release of Project Packet October 30 2019 Non-Mandatory Pre-Proposal Meeting November 13 2019 Deadline for Proposal Questions November 21, 2019 —2:00 p.m. Deadline for Submission of Proposals Week of December 9 2019 Interviews (if necessary) December 16—lanuaty 8 2020 Negotiations I anuaty 28,2020 Award of Contract by LCRB February 3. 2020 Commencement of Services NOTE: The TCDA reserves the right to modify this schedule at the TCDA's discretion B. GENERAL By submitting a proposal, the Proposer certifies that the Proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. C. PROPOSAL SUBMITTAL The Proposal and all amendments must be signed and submitted no later than 2:00 p.m., Thursday, November 21, 2019, to the address below. Each proposal must be submitted in a sealed envelope and designated with proposal title. Proposer must include one (1) original and one electronic .pdf copy on a portable USB drive of their submittal. To assure that your proposal receives priority treatment,please mark as follows. QBS—Universal Plaza Activation,Design and Project Management 4 1 Page Close— OBS—UNIVERSAL PLAZA ACTIVATION,DESIGN, CONSTRUCTION AND ENGINEERING City of Tigard—Utility Billing Counter Attn: Jamie Greenberg, Purchasing Specialist 13125 SW Hall Blvd. Tigard, OR 97223 Proposer shall put their name and address on the outside of the envelope. It is the Proposer's responsibility to ensure that proposals are received prior to the stated closing time. The TCDA shall not be responsible for the proper identification and handling of any proposals submitted incorrectly. Late proposals, late modification, or late withdrawals will not be considered accepted after the stated bid opening date and time and shall be returned unopened. Facsimile and electronic (email) proposals will not be accepted. D. PROTEST OF SCOPE OF WORK OR TERMS A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to the Purchasing Office. A protest may be submitted via facsimile. Any such protest shall include the reasons for the protest and shall detail any proposed changes to the scope of work or terms. The Purchasing Office shall respond to any protest and,if necessary,shall issue any appropriate revisions, substitutions, or clarification via addenda to all interested Proposers. To be considered, protests must be received at least five (5) days before the proposal closing date. The TCDA shall not consider any protest against award due to the content of proposal scope of work or contract terms submitted after the established protest deadline. All protests should be directed to the attention of Jamie Greenberg,Purchasing Specialist, and be marked as follows: RFP Specification/Term Protest City of Tigard—Contracts and Purchasing Office Attn: Jamie Greenberg,Purchasing Specialist 13125 SW Hall Blvd. Tigard, Oregon 97223 If a protest is received in accordance with the section above,the proposal opening date may be extended if necessary to allow consideration of the protest and issuance of any necessary addenda to the proposal documents. E. PROPOSAL SUBMISSION AND SIGNING All requested forms and attachments(Signature Page,Acknowledgment Addenda,Statement of Proposal, etc.) must be submitted with the Proposal and in the required format. The submission and signing of a proposal shall indicate the intention of the firm to adhere to the provisions described in this RFP. F. COST OF PREPARING A PROPOSAL The RFP does not commit the TCDA to paying any costs incurred by Proposer in the submission or presentation of a proposal or in making the necessary studies for the preparation thereof. G. INTERPRETATIONS AND ADDENDA All questions regarding this project proposal shall be directed to Jamie Greenberg, Purchasing Specialist. If necessary,interpretations or clarifications in response to such questions will be made by issuance of an "Addendum" to all prospective Proposers within a reasonable time prior to proposal closing, but in no case less than 72 hours before the proposal closing. If an addendum is necessary after that time, the City,at its discretion, can extend the closing date. QBS—Universal Plaza Activation,Design and Project Management 5 1 P a g e Close— Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the "Acknowledgment of Addenda"with proposal. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. H. BUSINESS LICENSE FEDERAL TAX ID REQUIRED The City of Tigard Business License is required. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful Contract will be required to present a copy of their City of Tigard Business License at the time of contract execution. Successful Contractor shall also complete a W-9 form for the City at the time of contract execution. I. TCDA'S PROSECT MANAGER The TCDA's Project Manager for this work will be Sean Farrelly, Redevelopment Project Manager, who can be reached by phone at (503) 718-2420 or by email at sean n,tigard-or.gov. The TCDA will also be assisted by its contracted Project Manager/Owner's Representative,Shiels Obletz Johnsen. J. PROPOSAL VALIDITY PERIOD Each proposal shall be irrevocable for a period of One Hundred Twenty(120) days from the Proposal opening date. K. FORM OF CONTRACT A copy of the City's standard professional services agreement,which the City expects the successful firm or individual to execute,is included as "Attachment C". The contract will incorporate the terms and conditions from this RFP document and the successful proposer's response documents. Firms taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 2.D "Protest of Scope of Work or Terms" or their exceptions will be deemed immaterial and waived. L. TERM OF CONTRACT The contract for this work is anticipated to commence on or around February 3, 2020. All work stemming from the contract is anticipated to be completed no later than December 31, 2022 M. TERMINATION The contract may be terminated by mutual consent of both parties or by the City at its discretion with a 30 days' written notice. If the agreement is so terminated, Consultant shall be paid in accordance with the terms of the agreement. N. NON-COLLUSION Proposer certifies that this proposal had been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition. O. PUBLIC RECORD All bid material submitted by bidder shall become the property of the TCDA and is public record unless otherwise specified. A bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include any subsequent cost or price information, which must be open to the public. QBS—Universal Plaza Activation,Design and Project Management G 1 1' a Close— P. NON-MANDATORY PRE-PROPOSAL MEETING A non-mandatory pre-proposal meeting will be held at Tigard Public Works Auditorium at 8777 SW Burnham St.Tigard OR 97223 on Wednesday, October 30,2019 at 2:00 PM SECTION 3 BACKGROUND The City of Tigard, a first-tier suburb in the Portland metropolitan area, is a diverse community of 54,758 residents (currently Oregon's 11th largest city.) Tigard's Census demographics are: 81.8% white, 11.2% Hispanic, 16% Asian and Pacific and 2% African-American. Foreign born Tigard residents make up 14 percent of the population.The median household income is$70,120,with 10.4%of residents living in poverty. 41% of residents have a bachelor's degree or above. The City of Tigard has a well-balanced economy that includes more than 3,000 firms employing more than 40,000 people from around the region. The largest industry sector is administrative services. The City of Tigard and its urban renewal agency,the Town Center Development Agency(ICDA),are focused on transitioning downtown Tigard to a place where people live and gather. The city's strategic vision is to be "the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives." The adopted City Center Urban Renewal Plan aims to support this vision by"develop(ing)urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown." Among the urban renewal funded or guided projects completed or underway in downtown Tigard are: 1) Burnham Street complete rebuild (sidewalks,pedestrian amenities,landscaping) —2011 2) Main Street Green Street Phase 1 (pedestrian and streetscape amenities,green street features) —2014. 3) Attwell Off Main(public private partnership to build 165 apartment/mixed use building at the corner of Burnham St and Ash Ave) —2017. 4) Tigard Street Heritage Trail (three-quarter mile off-street trail with small and cultural/artistic art installations) —2019. In 2017, the TCDA Board directed that an agency-owned piece of property in Downtown Tigard be redeveloped as a large public plaza. Located one block from Main St, the 1.18-acre property (9110 SW Burnham Street) abuts Fanno Creek Park to the southwest and fronts the recently improved Burnham Street (Attachment H.) The property has a 15,000 square foot warehouse that currently houses a plumbing supply business (scheduled to vacate the building by December 31,2019). Envisioned as the most important public space in the city's most important district,the future plaza will be a hub of activity,a stimulus for downtown's continued redevelopment, and an emblem of civic pride and identity for Tigard residents. In 2017, RESOLVE Architecture + Planning was engaged to develop an illustrative concept for the plaza (Attachment D). The"Universal" concept refers to the design principles that Tigard wants to see honored in this place—universal access and inclusivity, and a celebration of the four elements that allow healthy life to flourish on this planet—water,air,fire and earth. The illustrative design incorporated amenities that are usable by people of all ages, abilities, ethnic and racial backgrounds,while interpreting the elemental features of our universe. The illustrative plaza concept includes a large splash pad and interpretive artwork and installations. The illustrative concept connects to the Fanno Creek Trail which has been recently restored to follow its historical meandering course through planted native vegetation on its banks. The selected consultant will have the option of further developing the RESOLVE illustrative concept, choosing to work with the certain features of this concept, proposing a modified version, or proposing entirely different features and conceptual design that works within the QBS—Universal Plaza Activation,Design and Project Management 7 1 Page Close— "Universal" concept. The agency recognizes that there will be a wide interpretation of how the Universal concept is carried out in design proposals. Universal Plaza will be a place that brings people of all ages to Downtown Tigard, at all times of day and throughout the year. The design should recognize that the creation of good public space results from understanding how people experience their environment. The plaza design must include the right elements to increase the likelihood that people will stay longer and return often. Key components of appealing public spaces include: o Protection: A space that feels safe, protected from cars, crime and from unpleasant sensory experiences like noise,pollution,rain and/or wind. o Comfortable: A space that invites visitors to stop, stay, sit, rest and play any time of day and night. Offering high quality access for people walking,to places and activities. o Enjoyment: A space that is of a human scale with framing edges and high aesthetic qualities. Offering multiple opportunities to enjoy the space in all weather and conditions. SECTION 4 SCOPE AND SCHEDULE OF WORK The TCDA is looking for creative responses to this QBS/RFP that describe a long-term vision for Universal Plaza, a roadmap for how the project vision will be tested, adjusted and built, and a team that is capable of accomplishing the vision. Proposers are asked to demonstrate their understanding of the project vision and goals, and the design drivers outlined in the Tigard Universal Plaza Design and Engineering Brief (Attachment E) and Public Life Public Space Insights Brief (Attachment F), along with the activation challenges and opportunities presented by the site. The current population density in the downtown district will grow over time,but is today far lower than ideal for a public space of this size. The City/TCDA is seeking the services of a qualified consultant team to imagine and execute a three-phase approach to designing and activating Universal Plaza including expertise in public space design, space activation and public space programming and operations. The hard construction cost budget for full build-out of the Universal Plaza is $3.5 million and is anticipated to occur over a 3 to 5-year period. The proposer scope of services to be provided under this RFP include an initial activation/programming(Phase 1) followed by ground plane design and construction (Phase 2). These two activities are to be completed by December 31, 2022. Upon completion of Phases 1 and 2, the TCDA will evaluate the benefits of either moving directly into Phase 3 or pausing the work until a critical mass of activity can be reached that warrants further public investment. Phase 1 — Activation and Programming. The goal of the first phase is to establish the plaza site as a destination and to attract activity through adaptive re-use of the existing site more or less "as is." This phase will serve as a research and experimental phase for programming and activation ideas. During this phase,the design team should plan on running public engagement and placemaking experiments to test design ideas that will inform future phases. Phase 1 is anticipated to last 12-24 months or until Phase 2 construction begins. Phase 2—Ground Plane Design and Construction. The focus of Phase 2 is to design,permit and construct capital improvements that will support ongoing activity, based on public use data gathered from Phase 1 experiments and public engagement. The intent is that improvements constructed during this phase will support the public life of the plaza while preserving options for additional construction of permanent structures. Respondents should assume that a splash pad will be included in the design package of Phase 2 improvements due to the fact that surveys among Tigard residents have consistently rated a family-friendly water feature as the most desired urban amenity. QBS—Universal Plaza Activation,Design and Project Management 8 1 P a g e Close— Phase 3 — Buildout Design and Construction. The goal of Phase 3 is to complete the public plaza with design elements that fulfill the city's vision for Universal Plaza and permanently capitalize on the momentum, affection and public life cultivated through prior phases. This may include modification of ground plane design elements, preservation of "temporary" structures, and/or adding new elements (e.g. structures, art installations, architectural lighting,permanent landscape features, stages or other interactive spaces). To understand the type and uses of public space that are relevant to Tigard at the current time, the TCDA conducted background research,which is summarized in the Tigard Universal Plaza Design and Engineering Design Brief and the Public Life Public Space ("PEPS") Insights Brief(Attachments E &F). • Attachment E provides an overview of the project site,highlights the purpose and need of the project, identifies the vision,goals and objectives of the project,and provides a general overview of the project timeline from conception through initial implementation. • Attachment F provides background research that outlines some of the current challenges and potentials for downtown Tigard's public realm, along with some ideas from the public about possible programming and activation ideas. The scope of the selected consultant team is expected to include, but may not be limited to, the following work elements: Phase 1: • Create and execute a plan for activation,programming and stewardship that will invite people to spend time in, and take ownership of, Universal Plaza. The intent is to establish a strategy that is implemented within a few months after contract award and guides programming and design efforts for approximately 12-24 months. • Create a public involvement approach that includes collecting research from the Activation and Programming Phase, from partnerships with plaza users, and from plaza maintenance needs and sensitivities.This work will be conducted in close collaboration with the City of Tigard/TCDA project manager and project team. • Design,coordinate and evaluate a series of near-term activation events to identify those strategies with the greatest likelihood of success that can be integrated with Phase 2 design work. • Create a design proposal that includes both a long-term vision and an adaptable near-term plan for the entire plaza. The plan should anticipate two construction phases and maintain flexibility for adaptation over time as the needs and desire of the community, and the space, are better understood. • Prepare operations and maintenance budget associated with proposed near-and long-term design and program elements. Phase 2: • Provide schematic, design development and construction documents for near-term improvements identified in Phase 1 and as advised by the TCDA. The design will be guided by the Tigard Universal Plaza Design and Engineering Design Brief(Attachment E). • Provide regular communication to the City of Tigard/TCDA to ensure that the implemented project reflects the quality of the design proposal. • Prepare agendas and materials in support of public meetings with local stakeholders and residents. The TCDA will provide the following services during Phases 1 and 2: • Identify key stakeholders, coordinate and attend public meeting notifications and logistics. • Procure services of a general contractor QBS—Universal Plaza Activation,Design and Project Management 9 1 Page Close— • Engineering review and comments at design milestones • Facilitate permitting • Provide maintenance assistance for activation events as appropriate SECTION 5 PROPOSAL CONTENT AND FORMAT A. FORMAT Firms are requested to prepare their proposals in the standard format specified below. Proposals (including Project Understanding & Approach, Qualifications, Project References and Organizational structure are limited to twenty (20) pages with each side counting as a page, 8.5" x 11"paper size, 11-point font minimum. The 20-page limit does not include the tide page, transmittal letter, table of contents,personnel resumes, and submission forms. 1. Title Page Proposer should identify the RFP Title, name and tide of contact person, address, telephone number, email address,and date of submission. 2. Transmittal Letter The transmittal letter should be not more than two (2) pages long and should include as a minimum the following: a. A brief statement of the Proposer's understanding of the project and services to be performed; b. A positive commitment to perform the services within the time period specified, starting and completing the project within the deadlines stated in this RFP; and the names of persons authorized to represent the Proposer, their title, address, and telephone number (if different from the individual who signs the transmittal letter). 3. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted. 4. Project Understanding and AW rip oach a. Proposers should provide the TCDA with information regarding their understanding of the TCDA's needs with regards to the Scope and Schedule of Work (Section 4), as well as the project vision and goals, and design drivers outlined in the Design Brief and the Public Life Public Space Insights Brief. b. Proposers should describe their approach to designing the plaza in phases. c. TCDA has compiled a list of "Activation Experts" who have expressed interest in potentially using the space, collaborating on the design process, and/or advising design teams on possible activation strategies. Proposers should indicate their plans to collaborate with one or more of these individuals, or to include similar public space activation and programming expertise on the design team (Attachment G). d. Proposers should describe their approach to public engagement and communication throughout Phases 1 and 2. e. Proposers should describe their approach to collecting research from the Activation and Programming Phase,forming partnerships with plaza users and how they plan to integrate what is learned from Phase 1. L Proposers should demonstrate a general understanding of the needs of a municipality in the State of Oregon. QBS—Universal Plaza Activation,Design and Project Management 10 1 Page Close— 5. Firm and Project Team Qualifications a. Multidisciplinary firms/project teams are encouraged. b. Background describing a brief history of each firm and types of services that the firm/project team is qualified to perform. c. Proposers are requested to include an overview of team structure and key personnel. d. Proposers must identify each firm and anticipated roles of key personnel assigned to the project, their experience, and their individual qualifications. Pertinent resumes of assigned personnel should be included. e. Team expertise in relevant urban space design and programming services,including event programming, preparation of design and construction drawings, permitting and construction administration is required. L Provide a timeline and submit a proposed level of effort by phase based on percentage Proposed Level of Effort by Phase Total Months Firm 1 Firm 2 Firm 3 Firm 4 Activation/Programming % % % % % Ground Plane Design % % % % % Construction % % % % Proposed Level of Effort by Firm Total Firm 1 % Firm 2 % Firm 3 % Firm 4 % 6. Team Experience with Similar Projects Describe each firm's experience and past performance on comparable projects. Include a table listing relevant projects completed in the past 10 years with title, type of project, type(s) of relevant tasks completed, client, year project was completed, and which project team members worked on each project. Provide detailed project descriptions (up to 1 side of 1 page for each project) for up to 5 representative projects including client name, client representative and contact information for each project. The TCDA reserves the right to investigate the references and the past performance of any applicant with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, and its completion of a project on schedule. 7. Project Management a. Identify the individual(s)responsible for day-to-day management of the project team and their experience with comparable projects specifically managing a public project with a team of professionals from a variety of disciplines and multiple stakeholders. Describe the proposed approach to communications with city staff, contract project manager, stakeholders, and advisory committees. Describe the team's approach to managing the project within a defined schedule, budget and scope. b. Review the TCDA's preliminary project schedule and provide comments, suggested modifications, changes and/or additions as appropriate. Add any significant milestone dates necessary to complete all tasks. QBS—Universal Plaza Activation,Design and Project Management 111 P a g e Close— c. Indicate resources that will be allocated to each major task category to meet this schedule. B. ADDITIONAL SERVICES Provide a brief description of any other services that your firm could provide the TCDA that would support high quality delivery of this project. Such services would be contracted for on an `as needed' basis, to be provided and billed for separately. C. ADDITIONAL INFORMATION Please provide any other information you feel would help the Selection Committee evaluate your firm for this project. D. DISPUTES Should any doubt or difference of opinion arise between the TCDA and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the TCDA shall be final and binding upon all parties. E. CITY PERSONNEL No Officer,agent, consultant or employee of the City shall be permitted any interest in the contract. SECTION 6 PROPOSAL EVALUATION PROCEDURES A. SELECTION AND EVALUATION PROCESS A Selection Conunittee assembled by the TCDA will review the written proposals. Proposals will be evaluated to determine which ones best meet the needs of the City. After meeting the mandatory requirements, the proposals will be evaluated on their technical aspects. The Selection Committee will select the Proposer which best meets the TCDA's needs based upon its evaluation of a Proposer proposal. Proposals will be evaluated in accordance with the following: 1. Completed proposal submitted on time Pass Fail 2. One {1) original and one (1) electronic .pdf copy on a portable Pass Fail USB drive (thumb drive) 3. Transmittal letter Pass Fail 4. Required Sections 7&8. Attachments A& B Pass Fail 5. Protect Understanding and Approach 45 points 6. Design Consultant Team Qualifications 20 points 7. Desiin Consultant Team Experience with Similar Projects 20 points 8. Project Management and Timeline 15 points TOTAL EVALUATION POINTS 100 POINTS B. PRESENTATION INTERVIEW At the option of the City,the top Proposers may be required to make a presentation of their proposal. This will provide an opportunity to clarify or elaborate on the proposal. The project manager will schedule the time and location of these presentations (if necessary) and notify the selected firms. Should one or more firms be selected for oral interviews, an additional 25 points in scoring will be assigned to the interview process. Interview evaluation criteria: 1. Presentation by team— 10 points 2. Q&A response to panel questions— 15 points QBS—Universal Plaza Activation,Design and Project Management 12 113 a g e Close— C. INVESTIGATION OF REFERENCES The TCDA reserves the right to investigate references and the past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations,its completion or delivery of a project on schedule,and its lawful payment of employees and workers. D. CLARIFICATION OF PROPOSALS The TCDA reserves the right to obtain clarification of any point in regard to a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of their proposal. E. NEGOTIATIONS WITH TOP RANKED FIRM Upon review of the proposals submitted, the TCDA will enter into negotiations with the top ranked firm on a price for the work. If the TCDA and the top ranked firm is unable after good faith negotiations to agree to a price, the TCDA will move to the second ranked firm and enter into negotiations. The process shall repeat until either the TCDA and a firm come to an agreed upon price or the TCDA determines the project unfeasible at this time and elects to rescope and resolicit the work. F. PROTEST OF AWARD In accordance with Tigard Public Contracting Rule 30.135,any adversely affected Proposer has seven (7) calendar days from the date of the written notice of intent to award to file a written protest. G. PROPOSAL REJECTION The TCDA reserves the right to: 1. Reject any or all proposals not in compliance with all public procedures and requirements; 2. Reject any proposal not meeting the specifications set forth herein; 3. Waive any or all irregularities in proposals submitted; 4. In the event two or more proposals are for the same amount for the same work,the TCDA shall follow the provisions of LCRB 30.125 and Section 137-095 of the Oregon Attorney General's Model Public Contract Manual; 5. Reject all proposals; 6. Award any or all parts of any proposal; and 7. Request references and other data to determine responsiveness. QBS—Universal Plaza Activation,Design and Project Management 13 1 Page Close— SECTION 7 PROPOSAL CERTIFICATIONS Non-discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services,because of race,color,religion, sex, national origin,handicap or age with regard to,but not limited to,the following:employment upgrading,demotion or transfer;recruitment or recruitment advertising;layoffs or termination;rates of pay or other forms of compensation;selection for training;rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order from the City,unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Robert Hale,FAIA Firm Name: RCH Studios Address: 3101 W.Exposition PI. Los Angeles,CA 90018 Resident Certificate Please Check One: ❑ Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last twelve calendar months immediately preceding the submission of this proposal. Or ® Non-resident Vendor:Vendor does not qualify under requirement stated above. (Please specify your state of residence: California i' Officer's signature: Type or print officer's name: Robert Hale, FAIA Page 21 City of Tigard I Universal Plaza QBS/RFP I October 2019 RCH Studios I Universal Plaza SECTION 8 SIGNATURE PAGE The undersigned proposes to perform all work as listed in the Specification section and that all articles supplied under any resultant contract will conform to the specifications herein, The undersigned agrees to be bound by all applicable laws and regulations,the accompanying specifications, and by City policies and regulations. The undersigned,by submitting a proposal,represents that: A) The Proposer has read and understands the specifications. B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify the Proposer as being non-responsive. The undersigned certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. The undersigned certifies that all addenda to the specifications has been received and duly considered with all addenda have been included in this proposal: Addenda: No. 1 through No. 2 inclusive. We therefore offer and make this proposal to furnish services herein in fulfillment of the attached requirements and specifications of the City. Name of firm: RCH Studios Address: 3101 W. Exposition PI. Los Angeles,CA 90018 Telephone Number: 3 3)785-1800 Fax Number:(323)785-1801 By: Date: November 19,2019 (Signature of Autlirized Official. If partnership, signature of one partner.) Typed Name/Title: Robert Hale,FAIA Creative Director, Partner If corporation,attest: Secretary (Corporate Officer) ❑X Corporation ❑ Partnership ❑ Individual Federal Tax Identification Number(TILT): 954019625 Page 22 CityofTigard I Universal Plaza QBS/RFP October 2019 Universal Plaza I RCH Studios ATTACHMENT A CITY OF TIGARD,OREGON ACKNOWLEDGMENT OF ADDENDA Project Title: Universal Plaza Activation. Design.Construction and Project Manan ement Close: Thursday November 21,2019 I/WE HAVE RECEIVED THE FOLLOWING ADDENDA (-t'none received. write `None Received' : 1 Addendum#1 3 2, Addendum#2 4. November 19,2019 Date Signature of Pro Robert Hale, FAIA Creative Director, Partner Title RCH Studios Corporate Name F. City of Tigard I Universal Plaza QBS/RFP I October 2019 RCH Studios I Universal Plaza ATTACHMENT B CITY OF TIGARD,OREGON STATEMENT OF PROPOSAL Name of Consultant: RCH Studios Mailing Address: 3101 W. Exposition PI. Los Angeles,CA 90018 Contact Person: Peter Emerson Telephone: (323)785-1844 Fax:(323)785-1801 Email: pemerson@rchstudios.com accepts all the terms and conditions contained in the City of Tigard's Qualification Based Request for Proposal for Universal Plaza Activation,Design, Construction and Project Management and the attached engineering services eeme to plate(Attachment C): November 19,2019 Signature of authori-72d representative Date Robert Hale, FAIA Creative Director, Partner (323)785-1801 Type or print name of authorized representative Telephone Number Robert Hale, FAIA Creative Director, Partner (323)785-1801 Type or print name of person(s) authorized to negotiate contracts Telephone Number Page 24 City of Tigard I Universal Plaza QBS/RFP I October 2019 Universal Plaza I RCH Studios ATTACHMENT C CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT UNIVERSAL PLAZA ACTIVATION,DESIGN,CONSTRUCTION AND PROJECT MANAGEMENT THIS AGREEMENT, made and entered into this 11`' day of March, 2020, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and RCH Studios, hereinafter referred to as the "Contractor." RECITALS WHEREAS,the City's Fiscal Year 2019-2020 budget provides for activation,design,construction and project management services for the Universal Plaza 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 activation,design,construction and project management 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 activation,design,construction and project management 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 December 31, 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 Six Hundred Forty-Three Thousand Three Hundred and No/100 ($643,300.00) (hereafter the "not to exceed" amount.). The "not to exceed" amount includes all payments to be made pursuant to this Agreement, including reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the standard of care that would ordinarily be used by similar professionals in this community in similar circumstances or other requirements of the Agreement. The actual amount to be paid to Contractor may be less than the "not to exceed" amount. B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement as provided below. The City will pay Contractor based on these invoices for acceptable work performed and approved until the "not to exceed" amount is reached. Thereafter, Contractor must complete work based on the Agreement without additional compensation unless there is a change to the scope of work. C. Any estimate of the hours necessary to perform the work is not binding on the City. Contractor remains responsible if the estimate proves to be incorrect. Exceeding the number of estimated hours of work does not impose any liability on the City for additional payment. D. Payment will be made upon receipt of billings based on the work completed. Contractor will submit billings to City periodically, but not more frequently than monthly. Payment by the City releases the City from any further obligation for payment to Contractor for service or services performed or expenses incurred as of the date of the statement of services. Payment will be made only for work actually completed as of the date of invoice. Payment will not be considered acceptance or approval of any work or waiver of any defects therein. E. Contractor must furnish certified cost records for all billings to substantiate all charges. Contractor's accounts are subject to audit by the City. Contractor will submit billings in a form satisfactory to the City. At a minimum, each billing will identify the task order under which such work is performed,work completed during the billing period, percentage of work completed to date, and percentage of budget used to date for each task. Billings must also include Contractor's employer identification number or social security number, as the City deems applicable. F. General Terms: 1) Contractor must make payments promptly, as due, to all persons supplying labor or materials for the performance of the work provided for in this Agreement. 2) Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. 3) Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 4) Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor. 5) If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner does not relieve Contractor or their surety from obligation with respect to any unpaid claims. 6) Contractor will promptly,as due,make payment to any person,co-partnership,association,or corporation,furnishing medical,surgical,and hospital care or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law, contract, or agreement for the purpose of providing or paying for services. 7) Contractor and its employees,if any,are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. 8) Contractor must obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 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/Dele€;ation Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 6. Status of Contractor as Independent Contractor Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits of any kind to which an employee of City is entitled and is solely responsible for all payments and taxes required by law. Furthermore,in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City is entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265. 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 Citry's alleged liability results directly or indirectly,in whole or in part, from the quality of the professional services provided by Contractor, regardless of the type of claim made against the City in performance of this Agreement. A claim for other than professional liability is a claim made against the City in which the City's alleged liability results from an act or omission by Contractor unrelated to the quality of professional services provided by Contractor in performance of this Agreement. 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 Liabilit+v 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. 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 document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. J. Primary Coverage Clarification The parties agree that Contractor's coverage is primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross-Liability. Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution, and errors and omissions policies required by this Agreement. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance will not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 10. Method & Place of Submitting Notice,Bills. and Payments All notices,bills and payments will be made in writing and may be given by personal delivery,mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses will be used to transmit notices,bills,payments, and other information: CITY OF TIGARD R_CH STUDIOS Attn: Sean FarrellAttn: Peter Emerson Address: 13125 SW Hall Blvd Address: 3101 W Exposition PI Tigard, OR 97223 Los Angeles, CA 90018 Phone: (503) 718-2420 Phone: 323) 785-1844 _ Email: seanu,,tigard-or.gov Email: hemersonarchstudios.com Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices,bills, and payments are to be given by giving written notice pursuant to this paragraph. 11. Survival The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. 12. M. erger 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 pre)udice to any obligations or liabilities of either party already accrued prior to such termination. B. City,by written notice of default (including breach of contract) to Contractor,may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement,or fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. The rights and remedies of City provided above related to defaults (including breach of contract) by Contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph(B),Contractor will be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred,provided,that the City may deduct the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract include those allowed by Oregon law,reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 15. Access to Records City will have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 16. Hazardous Materials Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use (for example, employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheet, the identity of the chemical/s, how Contractor will inform employees about any precautions necessary, an explanation of any labeling system, and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or mark such goods. 17. Force Majeure Neither City nor Contractor will be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 18. Non-Waiver The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 19. Hours of Labor, Pay Equity In accordance with ORS 27913.235, the following are hereby incorporated in full by this reference: A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in any one week, except as provided by law. For contracts for personal services, as defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for all overtime the employees work in excess of 40 hours in any one week, except for employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. B. Contractor must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract,or by positing a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate of wage,salary,benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or other compensation with another employee or another person. D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material element of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. 20. Non-Discrimination Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101- 336); and D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 21. Errors Contractor will perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 22. Extra Work, Changes Only the City's Project Manager for this Agreement may change or authorize additional work. Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to 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 not payment therefore relieves Contractor from liability under warranties contained in or implied by this Agreement. Any intellectual property rights delivered to the City under this Agreement and Contractor's services rendered in the performance of Contractor's obligations under this Agreement, will be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind. 24. Attorney's Fees In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses, costs and disbursements for the action, suit, proceeding, or appeal. 25. Choice of Law Venue The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the U.S. District Court for Oregon, Portland. 26. Compliance with State and Federal Laws/Rules Contractor will comply with all applicable federal, state and local laws,rules and regulations applicable to the work in this Agreement. 27. Conflict Between Terms In the event of a conflict between the terms of this Agreement and Contractor's proposal, this Agreement will control. In the event of conflict between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control. 28. Audit Contractor will maintain records to assure conformance with the terms and conditions of this Agreement and to assure adequate performance and accurate expenditures within the contract period. Contractor agrees to permit City,the State of Oregon,the federal government,or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 29. Severabifity 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. Com fiance with Tax Laws Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized officials. Awarded by Tigard's Local Contract Review Board at their February 25,2020 meeting. CITY OF TIWD RCH STUDIOS Bv: By: Name Name: pfr Title: V1 U Title: Date: 2'� Date: lZ EXHIBIT A SCOPE OF SERVICES Contractor agrees to provide professional services as described below: Rios Clementi Hale Studios (RCHS) will serve as Prime Contractor (Contractor) and perform and complete the professional services and specific tasks set forth below as required by the City of Tigard (City) for the initial activation/programming,and design/documentation of the Universal Plaza. Project design and implementation may include,but not be limited to,an interactive water feature; shade and rain canopy; seating and other site furnishings;lawn areas;planting; site lighting; an event space;paved areas; etc. PROJECT ASSUMPTIONS 1. Any services in addition to the foregoing services that will result in fees or charges payable by city will require an amendment signed by Contractor and city detailing the additional scope and costs. 2. Domestic water, storm water, sanitary sewer and power are available at the site and are suitable for the anticipated program and uses. Offsite improvements to bring utilities to the site would require additional services. 3. In order to provide the city with market value construction costs through competitive selection, and to avoid the special costs of proprietary systems,it is the practice of the contractor's sub, Fluidity, to specify readily available market components. An exception applies to the Animation Control System, which is generally specified from a single source or approved equal. This is to achieve an efficient and economical programming service resulting from computer language familiarity and the elimination of contractor provided programmer personnel. Animation control hardware will adhere to Fluidity's specifications, as programs are authored within specific software,and the hardware must support the software. 4. Platting or land use/zoning changes to support the proposed program and uses will not be required and has been excluded from this proposal. 5. Public works permit plans are anticipated in the scope for surface improvements and utility connections. Utility extensions ore relocations for any reason are not included in this scope of work and would require additional services. 6. Public works plans will be prepared for back-of-curb, including curb extensions, but roadway improvements beyond the curb are not included in this scope. Adding additional traffic lanes, turn lanes, etc. would require additional services. 7. The Contractor and city will confirm the budget after each construction cost estimate and decide on value engineering measures to keep the project on budget. A change in the scope of work to accommodate additional features or changes that require rework of approved design may require additional services. 8. City of Tigard assumes ownership of and responsibility for furnishings,games,prefabricated elements, etc. upon delivery. RCHS does not take title to,or assume the risk of loss of FF&E for the Project Project design and implementation will be divided into two distinct phases,Phase 1 and Phase 2. Phase 1 will include the Conceptual Framework Design, Activation, Schematic Design, Land Use Approval, Design Development, Construction Documentation phases and Phase 2 will include Permitting, Bidding, and Construction Observation phases. Contractor will provide the following services during all phases: 1. Overall Design Leadership and Management 2. Landscape Architecture 3. Architectural Design of a Shade and Rain Canopy 4. Experiential Graphic Design and Signage 5. Activation and Programming Design Support Task 1: Conceptual Framework Desi n Timeline: 2 months Upon completion of the Mobilize Phase tasks,Contractor will prepare a concept framework plan. Conceptual Framework Design Phase tasks will include: 1.1 Manage project and coordinate with Client and subconsultant team 1.2 Conduct weekly teleconference check-ins with SOJ and City of Tigard 1.3 Conduct biweekly teleconference design reviews with SOJ and City of Tigard 1.4 Lead design workshop with Client and stakeholder group to establish a long-term concept for the site. Workshop will be held via a web meeting. 1.5 Develop concept framework presentation with illustrative plans, elevations,sketches,rendered model views,written comments,reference photography and site analysis [All Relevant] 1.6 Develop interactive water feature concept design. [Fluidity] 1.7 Provide framework plan construction cost estimate [MGAC] 1.8 Civil Engineering [KPFF] 1.9 Ecological Consulting [Pacific Habitat Services, Inc.] Task 1 Deliverables: • Summary of Client and stakeholder group feedback (8.5x11 PDF) • Concept framework presentation (11x17 PDF) • Water feature concept design package and cost estimate (11x17 PDF) • Illustrative concept framework plan (30x42 PDF) • Framework plan construction cost estimate (8.5x11 PDF) Task 2:Activation Design and Implementation Timeline: 12 months Upon completion of the Mobilization Phase tasks,Contractor will develop and deploy pilot projects,organize three special events, and conduct three public outreach events at the project site. Activation Phase tasks will include: 2.1 Manage project and coordinate with city and subconsultant team 2.2 Conduct weekly teleconference check-ins with SOJ and City during 12-week activation development period 2.3 Conduct biweekly teleconference design reviews with SOJ and City of Tigard during 12-week activation development period 2.4 Conduct teleconference calls as needed during Activation Phase to coordinate events and programming (led by ADS with RCHS support as needed) 2.5 Lead programming and activation workshop with city and stakeholder group [ADS/RCHS] 2.6 Prepare conceptual design package for pilot projects including: a. Plans b. Sections C. 3D models d. 3D views 2.7 Coordinate fabrication of pilot project elements [ADS/RCHS] 2.8 Coordinate procurement of temporary furniture [ADS/RCHS] 2.9 Coordinate installation of activation elements and temporary furniture [ADS/RCHS] 2.10 Organize and execute three special events [ADS/RCHS] 2.11 Organize and execute three public outreach events [ADS/RCHS] 2.12 Provide ongoing programming support [ADS] Task 2 Deliverables: • Conceptual design package for pilot projects and activation elements (11x17 PDF) • Graphic materials to support events and public outreach activities • Three special events • Three public outreach events • Ongoing programming support by ADS • Summary of public outreach activities and activation/outreach findings Task 3: Schematic Design Phase Timeline: 1 month Upon completion of the Conceptual Framework Design Phase, and upon written notice to proceed to Schematic Design, RCHS will prepare a schematic design package based upon the approved Conceptual Framework Design. Schematic Design Phase tasks will include: 3.1 Manage project and coordinate with city and subconsultant team 3.2 Conduct weekly teleconference check-ins with SOJ and City of Tigard 3.3 Conduct biweekly teleconference design reviews with SOJ and City of Tigard 3.4 Provide meeting notes for each meeting SOT and the City does not attend 3.5 Review surveys,geotechnical and environmental reports, and activation/outreach findings 3.6 Confirm project program,budget, and contracting mode with city 3.7 Prepare schematic design package including: a. updated illustrative plan b. updated renderings (city to select up to 3 views) C. cover sheet and general notes d. hardscape plan e. hardscape palette f. planting concepts g, planting palette h. site section/elevations i. Built elements/structures: plans, sections,elevations j. experiential graphic design and signage concepts 3.8 Prepare SD basis of design narrative 3.9 Prepare SD construction cost estimate 3.10 Review schematic design package and cost estimate with Working Group (1 RCHS trip, 3 attendees) Task 3 Deliverables: • SD drawing set (30x42 CAD and PDF) • SD basis of design narrative (8.5x11 PDF) • SD construction cost estimate (8.5x11 PDF) • SD highlights presentation (11x17 PDF and JPGs of illustrations) Task 4: Land Use Approval Phase Timeline: 2 months Upon completion of the Schematic Design Phase tasks and in conjunction with the Design Development Phase, RCHS will prepare the land use approval drawings. Land Use Approval Phase tasks will include: 4.1 Manage project and coordinate with city and subconsultant team 4.2 Attend land use approval presentation (trip to correspond with SD and/or DD trips (RCHS—1 trip, 2 attendees) 4.3 Reformat schematic design drawings as necessary and submit for land use approval 4.4 Make corrections and revisions to design based on land use approval comments and requirements Task 4 Deliverables: • Land use approval submittal (format per requirements) • Revised design drawings as required for land use approval (format per requirements) Task 5: Design Development Timeline: 2 months Upon completion of the Schematic Design Phase tasks, and upon written notice to proceed to Design Development,RCHS will prepare a design development package based upon the approved Schematic Design. Design Development Phase tasks will include: 5.1 Manage project and coordinate with Client and subconsultant team 5.2 Conduct weekly teleconference check-ins with SOJ and City of Tigard 5.3 Conduct biweekly teleconference design reviews with SOJ and City of Tigard 5.4 Provide meeting notes for each meeting SOJ and the City does not attend 5.5 Brief subconsultant team on Client and stakeholder comments 5.6 Prepare design development package a. updated illustrative plan b. updated renderings (same views as SD) C. cover sheet and general notes d. hardscape materials plan e. hardscape sections f. planting plan g. Built elements/structures: plans, sections,elevations, details h. experiential graphic design and signage plans/elevations 5.7 Prepare DD basis of design narrative 5.8 Prepare outline specifications 5.9 Review design development package and cost estimate with Working Group (1 RCHS trip, 2 attendees) Task 5 Deliverables: • DD drawing set (30x42 CAD and PDF) • DD basis of design narrative (8.5x11 PDF) • DD construction cost estimate (8.5x11 PDF) • Outline specifications (8.5x11 PDF) • DD highlights presentation (11x17 PDF and JPGs of illustrations) Task 6: Construction Documents Timeline: 4 months Upon completion of the Design Development Phase tasks, and upon written notice to proceed to Construction Documentation, RCHS will prepare a construction documentation package based upon the approved Design Development package. Construction Documents Phase tasks will include: 6.1 Manage project and coordinate with Client and subconsultant team 6.2 Conduct weekly teleconference check-ins with SOJ and City of Tigard 6.3 Conduct biweekly teleconference design reviews with SOJ and City of Tigard 6.4 Provide meeting notes for each meeting SOJ and the City does not attend 6.5 Brief subconsultant team on Client and Working Group comments 6.6 Prepare 50% and 90% construction document packages a. cover sheet and general notes b. planting plan C. planting schedule d. planting details C. hardscape materials plan f. hardscape layout plan g. hardscape scoring plan h. hardscape details i. site sections and plan enlargements as necessary j. Built elements/structures: plans, sections, elevations,details k. experiential graphic design and signage drawings 6.7 Prepare technical specifications at 90% 6.8 Review construction document package with Client and stakeholder group at 50% and 90% (2 RCHS trips, 2 attendees per trip) 6.9 Review cost estimate with Client and stakeholder group at 90% 6.10 Preview 50% construction document package with City permit reviewers in anticipation of formal submittal in next phase (same trip as 6.8) Task 6 Deliverables: • 50% CD drawing set (30x42 CAD and PDF) • 90% CD drawing set (30x42 CAD and PDF) • 90% CD construction cost estimate (8.5x11 PDF) • 90% CD technical specifications (8.5x11 PDF) @ \ % { / / \ , , 0 / k / R � ¥ 4 ¥ $ C14C4 _ 109- 0© o o Q = c Q c c 2 2 2 0 0 # c 6 n % ƒ co m � - 0 0 § E » 2 # o o o & 2 2 C K ) LO IV ° CO d d d § d d d d kE 2 fE P2 fe � J 2 o _ # # 4) ® k \ . 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