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Shiels Obletz Johnsen ~ C200041 CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200041a4 Contract Start Date: 10/15/19 Contract End Date: 06/30/2024 Contract Title: Owner’s Representative/Project Management Services – Tigard Universal Plaza and Fanno Creek Overlook Contractor Name: Shiels Obletz Johnsen Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $250,000.00 Total All Previous Amendments: $n/a Total of this Amendment: n/a Total Contract Amount: $312,500.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: N/A LCRB Date: N/A Account String: Fund-Division-Account Work Order – Activity Type Amount FY Contracts & Purchasing Approval Purchasing Signature: Comments: Time extension DocuSign Routing Route for Signature Name Email Address Contractor Francesca Gambetti francesca@sojpdx.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Francesca Gambetti francesca@sojpdx.com Contractor Kim Knox knox@sojpdx.com Project Manager Sean Farrelly sean@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200041a3 Contract Start Date: 10/15/19 Contract End Date: 12/31/23 Contract Title: Owner’s Representative/Project Management Services – Tigard Universal Plaza and Fanno Creek Overlook Contractor Name: Shiels Obletz Johnsen Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $250,000.00 Total All Previous Amendments: $62,500.00 Total of this Amendment: n/a Total Contract Amount: $312,500.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: N/A LCRB Date: N/A Account String: Fund-Division-Account Work Order – Activity Type Amount FY Contracts & Purchasing Approval Purchasing Signature: Comments: Time extension, add Exhibit A. DocuSign Routing Route for Signature Name Email Address Contractor Francesca Gambetti francesca@sojpdx.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Francesca Gambetti francesca@sojpdx.com Contractor Kim Knox knox@sojpdx.com Project Manager Sean Farrelly sean@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200041a2 Contract Start Date: 10/15/19 Contract End Date: 6/30/23 Contract Title: Owner’s Representative/Project Management Services – Tigard Universal Plaza and Fanno Creek Overlook Contractor Name: Shiels Obletz Johnsen Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $250,000.00 Total All Previous Amendments: 0 Total of this Amendment: $62,500.00 Total Contract Amount: $312,500.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: N/A LCRB Date: N/A Account String: Fund-Division-Account Work Order – Activity Type Amount FY 23 940-8000-56005 92059-940-130 $62,500.00 Contracts & Purchasing Approval Purchasing Signature: Comments: Time extension, add Exhibit A. DocuSign Routing Route for Signature Name Email Address Contractor Francesca Gambetti francesca@sojpdx.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Francesca Gambetti francesca@sojpdx.com Contractor Kim Knox knox@sojpdx.com Project Manager Sean Farrelly sean@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: C200041a2 Contract Start Date: 10/15/19 Contract End Date: 6/30/23 Contract Title: Owner’s Representative/Project Management Services – Tigard Universal Plaza and Fanno Creek Overlook Contractor Name: Shiels Obletz Johnsen Contract Manager: Sean Farrelly Department: CD Contract Costs Original Contract Amount: $250,000.00 Total All Previous Amendments: 0 Total of this Amendment: $62,500.00 Total Contract Amount: $312,500.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: N/A LCRB Date: N/A Account String: Fund-Division-Account Work Order – Activity Type Amount FY 23 940-8000-56005 92059-940-130 $62,500.00 Contracts & Purchasing Approval Purchasing Signature: Comments: Time extension, add Exhibit A. DocuSign Routing Route for Signature Name Email Address Contractor Francesca Gambetti francesca@sojpdx.com City of Tigard Steve Rymer stever@tigard-or.gov Final Distribution Contractor Francesca Gambetti francesca@sojpdx.com Contractor Kim Knox knox@sojpdx.com Project Manager Sean Farrelly sean@tigard-or.gov Buyer Toni Riccardi tonir@tigard-or.gov CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C200041a1 Contract Start Date: 10/15/19 Contract End Date: 6 30 23 Contract Title: Owner's Representative/Project Management Services—Tigard Universal Plaza and Fanno Creek Overlook Contractor Name: Shiels Obletz Johnsen Contract Manager: Sean Farrellv Department: CD Contract Costs Original Contract Amount: $250.000.00 Total All Previous Amendments: 0 Total of this Amendment: 0 Total Contract Amount: $250,000.00 Procurement Authority Contract Type: Personal Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: LCRB Date: Account String: Fund-Division-Account Work Order—Activity Tyke Amount FY N/A FY FY FY FY m_ Contracts & Purchasing Approval Mx4 Purchasing Signature: Comments:Time extension. DocuSign Routing Route for Signature Name Email Address Contractor Francesca Gambetti francesca&sojj2dx.com City of Tigard Steve Rymer stever&tigard-or.gov Final Distribution Contractor Francesca Gambetti francesca so' dx.com Contractor Kim Knox knox9sojj2dx.com Project Manager Sean FarreHy sean ti and-or. ov Buyer Christine Moody christine ti and-or. ov DocuSign Envelope ID:C8BA2CEA-64EE-44CF-A412-AD8E2498D9BD CITY OF TIGARD, OREGON AMENDMENT TO CONTRACT NUMBER 0200041 FOR OWNER'S REPRESENTATIVE/PROJECT MANAGEMENT SERVICES— TIGARD UNIVERSAL PLAZA AND FANNO CREEK OVERLOOK AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Shiels Obletz Johnsen, hereinafter referred to as Contractor,is hereby amended as follows: 1. EFFECTIVE DATE AND DURATION This Agreement is extended for 21 months with a new expiration date of June 30, 2023. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD SHIELS OBLETZ JOHNSEN Vwf'�wt^ �rata ce sca GaH bc{{i 5134FBF58 [HC9... ili EP,5EBPBi5_. Signature Signature Steve Rymer Francesca Gambetti Printed Name Printed Name 10/14/2021 10/13/2021 Date Date Rev. 8/21 CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM (THIS FORM MUSTACCOMPANYEVERYCONTRACT) Contract Title: Owner's Representative/Project Management Services Number: l'JO'�UUV� Tigard Universal Plaza and Fanno Creek Overlook Contractor: Shiels Obletz Johnsen Contract Total: $250,000 Contract Overview: Provide project management and owner's representative services through design enWneering.and construction of the Universal Plaza and Fanno Creek Overlook projects _ Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Sean Farrell z Ext: 2420 Department: CD Type: ® Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc ❑ Engineering Svc ❑ Other: Start Date: 10/15/19_End Date: 9/30/21 Quotes/Bids/Proposal: FIRM AMouNT (SRR Shiels Obletz Johnsen 1 Plan B 2 Mears CPM 3 Account String: Fund-Division-Account Work Order—Activilyl=e Am un FY 19-20 940-8000-56005 92059-940-180 $70,000 FY 20-21 940-8000-56005 92059-940-180 $150,000 FY 21-22 940-8000-56005 92059-940-180 $30,000 Approvals - LCRB Date: 9Z24/2019 Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. City of Tigard FINANCE AND INFORMATION SERVICES Request for Proposal (RFP) OWNER'S REPRESENTATIVE/PROJECT MANAGEMENT SERVICES - TIGARD UNIVERSAL PLAZA AND FANNO CREEK OVERLOOK Proposals Due:_ August 28. 2019-2:00 p.m. local time 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 Phone: (503) 718-2420 Email: sean e,tigar�d-oror.gov Kenny Asher, Community Development Director Phone: (503) 718-2443 Email: kennya@ igard-or.gov Lori Faha,City Engineer Phone: (503) 718-2759 Email: lorif@tigard-or.gov City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 (503) 639-41711 www.tigard-or.gov PUBLIC NOTICE REQUEST FOR PROPOSAL OWNER'S REPRESENTATIVE/PROJECT MANAGEMENT SERVICES- TIGARD UNIVERSAL PLAZA AND FANNO CREEK OVERLOOK The City of Tigard is seeking sealed proposals from qualified firms to provide owner's representative/project management services for the City's Universal Plaza and Fanno Creek Overlook projects. Proposals will be received until 2:00 p.m.local time,Wednesday,August 28,2019,at Tigard City Hall's Municipal Court Counter at 13125 SW Hall Blvd.,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.dgard-or.gov/bids or obtained in person at Tigard City Hall's Municipal Court 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 City may reject any proposal not in compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public interest to do so. PUBLISHED: Daily-I ournal of Commerce DATE: Friday,August 8,2019 RFP—Universal Plaza Owner's Representative/Project Management Page 2 Close—August 28,2019 TABLE OF CONTENTS TITLE PAGE TitlePage------------------------------------------------------------------------------------------------ -------1 Public Notice -------------------------- ------------------------------------------------------------------------ Tableof Contents----------------------------------------------------------------------------------------- 3 SECTIONS Section 1 Introduction------------ ------------------------------------------------------------------------------------- 4 Section 2 Proposer's Special Instructions----------------------------------------------------------------------4 Section3 Background------------------------------- --------------------------------------------------------------- -----6 Section 4 Scope and Schedule of Work-------------------------------------------------------------------------8 Section 5 Proposal Content and Format---------------------------------------------------------------------11 Section 6 Proposal Evaluation Procedures......................................._------------_-------------12 Section 7 Proposal Certification-------------- --------- --------- ---------------------------------------------14 Section 8 Signature Page-------------------- -------------------------------------------------------------------------15 ATTACHMENTS Attachment A Acknowledgement of Addendum________________________________________________________________16 Attachment B Statement of Proposal______________ _________ _________ _________ _________ _____________________17 Attachment C City of Tigard Personal Services Agreement-----------------------------------------------18 Attachment D Resolve Universal Plaza Concept.......................................Separate Document Attachment E Tigard Universal Plaza Design Brief..................................Separate Document Attachment F Fanno Creek Public Space Feasibility Study.....................Separate Document RFP—Universal Plaza Owner's Representative/Project Management Page 3 Close—August 28,2019 SECTION 1 INTRODUCTION The City of Tigard is seeking sealed proposals from qualified firms owner's representative/project management services for the City's Universal Plaza and Fanno Creek Overlook projects. Proposals will be received until 2:00 p.m.local time,Wednesday,August 28,2019,at Tigard City Hall's Municipal Court Counter at 13125 SW Hall Blvd.,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 not 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 City may reject any proposal not in compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public interest to do so. SECTION 2 PROPOSER'S SPECIAL INSTRUCTIONS A. PROPOSED TIMELINES Friday,August 9, 2019 Advertisement and Release of Proposals Wednesday August 28 2019—2:00 p.m. Deadline for Submission of Proposals Week of September 9,2019 Interviews (if necessary) Tuesday,September 24. 2019 Award of Contract by LCRB Monday.. September 30,2019 Commencement of Services NOTE: The City reserves the right to modify this schedule at the City's discretion B. GENERAL By submitting a proposal, the Proposer certifies that the Proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. C. PROPOSAL SUBMITTAL The Proposal and all amendments must be signed and submitted no later than 2:00 p.m.,Wednesday, August 28, 2019, to the address below. Each proposal must be submitted in a sealed envelope and designated with proposal title. To assure that your proposal receives priority treatment, please mark as follows. RFP—Owner's Re resentadve Pro'ect Management— Tigard Universal Plaza&Fanno Creek Overlook City of Tigard—Municipal Court Counter Attn: Jamie Greenberg,Purchasing Specialist 13125 SW Hall Blvd. Tigard,Oregon 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 City shall not be RFP—Universal Plaza Owner's Representative/Project Management Page 4 Close—August 28, 2019 responsible for the proper identification and handling of any proposals submitted incorrectly. Late proposals, late modification or late withdrawals shall 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 City shall not consider any protest against award due to the content of proposal scope of work or contract terms submitted after the established protest deadline. All protests should be directed to the attention of 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 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 Addendum, 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 City to paying any costs incurred by Proposer in the submission or presentation of a proposal, or in making the necessary studies for the preparation thereof. 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. Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the "Acknowledgment of Addendum"with proposal. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. RFP—Universal Plaza Owner's Representative/Project Management Page 5 Close—August 28,2019 H. BUSINESS LICENSEIFEDERAL 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. CITY'S PROJECT MANAGER The City'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@tiggd-or.gov. 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 personal 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 2.1) "Protest of Scope of Work or Terms" or their exceptions will be deemed immaterial and waived. L. TERM OF CONTRACT The term of the contract shall be a period of two (2) years with the mutual option to renew for up to one (1) additional one-year period. The total term of the contract cannot exceed three (3) years. M. TERMINATION The contract may be terminated by mutual consent of both parries or by the City at its discretion with a 30 days'written notice. If the agreement is so terminated, Contractor 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. P. PUBLIC RECORD All bid material submitted by bidder shall become the property of the City 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 cost or price information,which must be open to the public. SECTION 3 BACKGROUND The City of Tigard and its urban renewal agency,the Town Center Development Agency(TCDA),have been focusing on the growth and redevelopment of downtown Tigard. It adopted the City Center Urban Renewal RFP—Universal Plaza Owner's Representative/Project Management Page 6 Close—August 28,2019 Plan to further this. One of the Plan goals is to "develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. In 2017, the TCDA Board endorsed constructing a large plaza on the agency-owned 1.18 acre "Miller property" on Burnham Street. The site will be vacated by its current tenant within the next 6-8 months. ReSolve Architecture and Planning was hired to develop a concept for the site (Attachment D — Universal Plaza Concept). The design considerations for the plaza included: • Activation of the site • Contours of the site • Views from and of the site • Connectivity to Fanno Creek Park and Trail and Burnham Street • Budget to construct • Maintenance considerations • Versatility and Identity The plaza concept is the Universal Plaza. "Universal"refers to the plaza design incorporating amenities that are usable by people of all ages,abilities,ethnic and racial backgrounds,as well as its embodiment of elemental features of our universe. The conceptual plaza features include interpretive artwork and installations on natural ecosystems with data, art, history and stories that will make the plaza an educational destination for school and summer camp field trips. A large splash pad (Tigard's first) would attract families with children. The plaza could also accommodate musical or other events that seat up to 900 people and a farmer's market or a fair with 80 booths. The design connects to Fanno Creek Park and the recent remeander of Fanno Creek which restored the historical course of the creek and planted native vegetation on the banks. In May,the City engaged Gehl Studios to do an intermediate pre-design process to refine and"ground-truth" the plaza concept. They performed a Public Life/Public Space study in Downtown. The insights and recommendations gained from this study will be used to generate design and programming guidelines(a design brief- Attachment E) to inform the RFP for plaza design and engineering to be released in late August/September 2019. Advancing the design and engineering of Universal Plaza is a City Council Goal for 2019-2021. A second project is on a more uncertain timeline: the Fanno Creek Overlook.This project would construct public space a public space next to Fanno Creek that would build a provide better access to the natural and recreational resources of creek and a new connection to the Fanno Creek Trail. The project will involve widening a driveway to accommodate two-way traffic, since the land where the Overlook would be building is presently a driveway. Fanno Creek Public Space Feasibility Study—Attachment F. The City of Tigard is seeking an Owner's Representative/Project Manager to assist with project management and coordination of design and construction of the Universal Plaza (Project 1) and Fanno Creek Overlook (Project 2). The phases of the projects include: • Design/Engineering Procurement • Design Concept Refinement • Design RFP—Universal Plaza Owner's Representative/Project Management Page 7 Close—August 28,2019 • Construction Drawings • Permitting • Construction • Project Closeout SECTION 4 SCOPE AND SCHEDULE OF WORK The following overview describes tasks the City has identified as necessary for this Project 1 and Project 2. This is not intended to be a complete list of services that the Consultant may deem necessary to complete this project but is offered as a guideline in developing a scope for the project. The Owner's Representative/Project Manager shall provide sufficient organization, personnel and management to carry out the requirements of this Agreement in an expeditious and economical manner consistent with the interests of the City. Support and staffing levels may vary significantly throughout the project duration depending on project need. The Owner's Representative/Project Manager services budget for these projects is an amount not to exceed$250,000 over the life of the contract. Task 1— Project Management 1.1 Project Management and Coordination A. The Owner's Representative shall be the point of contact for the City design team, coordinate with A/E consultants and contractor for both the Universal Plaza (Project 1) and Fanno Creek Overlook (Project 2). B. In consultation with the City Project Manager(staff),manage the A/E and construction contractor contracts and project budget. Review consultant/contractor invoicing and recommend approval to City staff. 1.2 Master Schedule A. The Owner's Representative shall prepare a master schedule detailing the design and construction phases of the project,including potential phasing B. Update the project schedule at each phase of design C. Manage the master schedule. 1.3 Project Meetings and Communication Provide project management support services for internal project team coordination including project team and stakeholder meetings, and regular project updates. A. The Owner's Representative shall prepare for and conduct a project kick-off meeting at the City to discuss the project scope, schedule, and design team deliverables with city staff. Kick-off meeting to last 2.5 hours. B. Schedule and lead up design progress and project management meetings (likely monthly,but final number to be negotiated) at the City and prepare meeting agendas and minutes. Meetings to last up to 2 hours. RFP—Universal Plaza Owner's Representative/Project Management Page 8 Close—August 28, 2019 C. Participate in weekly conference call with city project team. Weekly conference calls are anticipated to last 15 minutes. D. Participate in up to two public open-house meetings. E. Participate in up to three TAC meetings F. Act as primary point of contact for adjacent property owners and other stakeholders G. Provide regular status reports to project team 1.4 Design and Engineering Procurement Assist in review of responses to Design and Engineering RFP and interviews. Task 2— Plans, Specifications, and Estimates 2.1 Predesign project planning Assist with predesign project planning and organization documentation, including templates, recommendations, and review of scope, schedule, budget, communications, risk management, and other project document management. 2.2 Design Phase Document Reviews Provide review and analysis of A/E refined concept, 30%, 60%, and 90% and final construction documents 2.3 Review Preliminary Construction Cost Estimates Review A/E preliminary construction cost estimates at 30%,60%,and 90%and final design Task 3— Land Use and Permitting 3.1 Land Use Approvals Assist city and A/E with documentation and facilitation of timely land use review and permitting process,including Clean Water Services permits to minimize impacts on project scope, schedule and budget. 3.2 Permitting Assist city and A/E with documentation and facilitation of LUR,PFI, building permit and any other permitting processes, as required. Project 2 may require coordination with the Army Corps of Engineers and Department of State Lands Task 4— Pre-Construction 4.1 Design Development Cost Estimate Provide analysis of cost estimates and oversee reconciliation of project cost estimate 4.2 Construction Cost Estimate Provide analysis of cost estimates and oversee reconciliation of project cost estimate RFP—Universal Plaza Owner's Representative/Project Management Page 9 Close—August 28,2019 4.3 Construction Phasing and Constructability review Provide analysis of construction phasing plans and constructability reviews 4.4 Contractor Bidding and Procurement Assist City Project Manager with bidding and procurement of construction contractor Task 5— Support During Construction 5.1 Weekly meetings with Contractor during construction 5.2 Change Orders Analyze all Change Orders over designated amount, and forward to City Project Manager with recommendations 5.3 Submittals Analyze all submittals and approve or forward to City Project Manager with recommendations 5.4 Requests for Information Analyze all RFI's and respond or forward to City Project Manager with recommendations 5.5 Substitution Requests Analyze all Substitution Requests and respond or forward to City Project Manager with recommendations 5.6 Site Observations Perform periodic site observations,as requested by City project manager. 5.7 Notices of deficient work Provides content and review of deficiency list (with Contractor) 5.8 Code and permit compliance Review documents and site activities for compliance w/ applicable codes and permits and advise PM and design team accordingly 5.9 Operations and Maintenance Manual Oversee development and review of Operations and Maintenance Manual by A/E consultant Task 6 — Project Closeout 6.1 As-built review and verifications Provide additional review,verification and comment on as-built documentation 6.2 Project Close-out Support project close-out, including but not necessarily limited to resolving any claims or disputes resulting from the project and drafting required contractor report RFP—Universal Plaza Owner's Representative/Project Management Page 10 Close—August 28,2019 Potential Schedule for Projects 1&2 Phase Time Desigii/Engineering Procurement September/October 2019 Desinr/En=iueering,Contract November 2019 Design Concept Refinement December 2019-February-2020 Des Februar4.2020—September 2020 Construction Drawings September 2020-J anuary 2021 Permitting anuan^2021-April ril 2021 Construction Mai•2021-October 2021 Project Closeout November 2021-]anuary 2022 SECTION 5 PROPOSAL CONTENT AND FORMAT A. FORMAT To provide a degree of consistency in review of the written proposals, firms are requested to prepare their proposals in the standard format specified below. 1. Title Page Proposer should identify the RFP Tide, name and title of contact person,address, telephone number, fax number, email address and date of submission. 2. Transmittal Letter The transmittal letter should be not more than two (2) pages long and should include as a minimum the following: a. A brief statement of the Proposer's understanding of the project and services to be performed; b. A positive commitment to perform the services within the time period specified, starting and completing the project within the deadlines stated in this RFP; and the names of persons authorized to represent the Proposer, their title, address and telephone number (if different from the individual who signs the transmittal letter.) 3. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted. 4. Firm and Team Qualifications a. Background of the firm. This should include a brief history of the firm and types of services the firm is qualified to perform. b. Qualifications of the firm in performing this type of work. This should include examples of related experience and references for similar studies and projects. c. Proposers must identify the anticipated members of their firm that will be assigned to meet the City's needs. Proposers should identify individuals and subcontractors who will provide the services,their experience,and their individual qualifications. Pertinent resumes of assigned personnel should be included. 5. Project Understandigg and Approach Proposers should provide the City with information regarding their understanding of the City's needs with regards to the Scope and Schedule of Work. Proposers should demonstrate a general RFP—Universal Plaza Owner's Representative/Project Management Page 11 Close—August 28,2019 understanding of the needs of a municipality in the State of Oregon from a project management firm. As part of their service understanding documentation, Proposer's should address their availability to meet the City's needs. 6. Cost Structure The proposed fee structure should include the complete breakout for the Contractor's costs to provide all of the services under the subsequent contract. B. ADDITIONAL SERVICES Provide a brief description of any other services that your firm could provide the City and an approximation of the hourly charge for each service of this type. 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. REFERENCES Contractor must demonstrate successful past performance of the firm's ability to provide services as set forth in this specification. Contractors must detail three (3) references to document experience. References must be detailed in Attachment B "Statement of Proposal" E. DISPUTES Should anv doubt or difference of opinion arise between the City and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP,the decision of the City shall be final and binding upon all parties. F. 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 Committee assembled by the City 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 both their technical and fee aspects. The Selection Committee will select the Proposer which best meets the City's needs based upon its evaluation of a firms proposal. Proposals will be evaluated in accordance with the following: 1. Completed Proposal submitted on time Pass Fail 2. An original plus one electronic copy on portable USB drive Pass Fail 3. Transmittal letter Pass Fail 4. Firm and team qualifications 40 Points 5. Project understanding and =roach 35 points 6. Cost structure 25�points TOTAL EVALUATION POINTS 100 POINTS RFP—Universal Plaza Owner's Representative/Project Management Page 12 Close—August 28,2019 S. PRESENTATION INTERVIEW At the option of the City, the top scoring proposers (based on the criteria points) may be asked to make a presentation of their proposal. This will provide an opportunity to clarify or elaborate on the proposal, but will not, in any way provide an opportunity to change any fee amount originally proposed. The City's Project Manager will schedule the time and location of these presentations and notify the selected firms. If the City elects to conduct a presentation/interview process, 25 criteria points will be assigned to the process and will be added to the participating Proposers' total points. C. INVESTIGATION OF REFERENCES The City 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 City reserves the right to obtain clarification of any point in regards to a proposal or to obtain additional information necessary to properly evaluate or 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. RESERVATION IN EVALUATION The Selection Committee reserves the right to either: (a) request "Best and Final Offers" from the two finalist firms and award to the lowest priced or (b) to reassess the proposals and award to the vendor determined to best meet the overall needs of the City. F. INTENT OF AWARD Upon review of the proposals submitted,the City may negotiate a scope of work and a general services agreement with one firm,or may select one or more firms for further consideration. G. PROTEST OF AWARD In accordance with Tigard Public Contracting Rule 30.135,any adversely affected Proposer has seven (7) calendar days from the date of the written notice of award to file a written protest. H. PROPOSAL REJECTION The City reserves the right to: 1. Reject any or all proposals not in compliance with all public procedures and requirements; 2. Reject any proposal not meeting the specifications set forth herein; 3. Waive any or all irregularities in proposals submitted; 4. In the event two or more proposals shall be for the same amount for the same work,the City shall follow the provisions of LCRB 30.095 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. RFP—Universal Plaza Owner's Representative/Project Management Page 13 Close—August 28, 2019 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 II such acts is unlikely. Agreed by: CU�' t' I �tGhpl Firm Name: Shiels Obletz Johnsen Address: 1140 SW 11th Avenue, Suite 500 Portland, OR 97205 Resident Certificate Please Check One: 17 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 f residence: ] Officer's signature: r Kcolc,Type or print officer's name: "L ► �� `-""'r�� bl RFP—Universal Plaza Owner's Representative/Project Management Page 14 Close—August 28,2019 SECTION 8 SIGNATURE PAGE The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated; and that all articles supplied under any resultant contract will conform to the specifications herein, The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications and by City policies and regulations. The undersigned,by submitting a proposal,represents that: A) The Proposer has read and understands the specifications. B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify the Proposer as being non-responsive. The undersigned certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. The undersigned certifies that all addenda to the specifications has been received and duly considered and that all costs associated with all addenda have been included in this proposal: Addenda: No. 1 through No. 1 inclusive. We therefore offer and make this proposal to furnish services at the price(s)indicated herein in fulfillment of the attached requirements and specifications of the City. Name of firm: Shiels Obletz Johnsen Address: 1140 SW 11 th Avenue, Suite 500 Portland, OR 97205 Telephone N m er:503-242-0084 Fax Number: 503-299-6769 11 By: Date: (Signatu� of Authnorized Official. If partnership, signature of one partner.) Typed Name/Title: lit 1 If corporation,attest: - -------------------- h(cot Co or:to(. fficer) Corporation ❑Partnership ❑ Individual Federal Tax Identification Number(TIN): 93-1283321 RFP—Universal Plaza Owner's Representative/Project Management Page 15 Close—August 28,2019 ATTACHMENT A CITY OF TIGARD, OREGON ACKNOWLEDGMENT OF ADDENDA Project Title: Owner's Representative/Project Management Services— Tigard Universal Plaza and Fanno Creek Overlook Close: Wednesday.August 28.2019--2:00 P.M. I/WE HAVE RECEIVED THE FOLLOWING ADDENDA (U'none received, write `None Received): 1 Addendum # 1 rec. 8/22/19 3 2. 4. t Date UJ Signature o 'Proposer Title (9 J Issw., Corporate Name RFP—Universal Plaza Owner's Representative/Project Management Page 16 Close—August 28,2019 ATTACHMENT B CITY OF TIGARD, OREGON STATEMENT OF PROPOSAL Name of Consultant: Shiels ObletZ Johnsen Mailing Address: 1140 SW 11 th Avenue, Suite 500 Portland, OR 97205 Contact Person: Kim Knox Telephone: (503)242-0084 Fax:(503)299-6769 Email: knox@sojpdx.com accepts all the terms and conditions contained in the City of Tigard's Request for Proposal for Owner's Representative/Project Management Services —Tigard Universal Plaza and Fanno Creek Overlook and the attached n al Cervices reem nt(A tachment C): 8/27/2019 Signature of authorized representative Date CCK�c_ M1C � (503)242-0084 Type or print name of authorized representative Telephone Number ca�6G Ivi (503)242-0084 Type or print name of person(s) authorized to negotiate contracts Telephone Number REFERENCES Portland Bureau of Transportation 503.823.7051 Reference#1 Telephone Number 10th & Yamhill Smartpark Garage Renovation Chris Armes Project Title Contact Individual Oregon Rail Heritage Foundation 503-863-4376 Reference #2 Telephone Number Oregon Rail Heritage Center Turntable Project Roy Hemmingway Project Title Contact Individual City of Beaverton 503-526-2289 Reference #3 Telephone Number Beaverton Public Safety Center Eric Oathes Project Title Contact Individual RFP—Universal Plaza Owner's Representative/Project Management Page 17 Close—August 28, 2019 ATTACHMENT C CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT OWNER'S REPRESENTATIVE PRO ECT MANAGEMENT SERVICES- TIGARD UNIVERSAL PLAZA AND FANNO CREEK OVERLOOK THIS AGREEMENT made and entered into this 156 day of October, 2019 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Shiels Obletz Johnsen, hereinafter called Contractor. RECITALS WHEREAS, the City's 2019-2020 fiscal year budget provides for services related to Owners Representative and Project Management;and WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor,and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, THEREFORE, the Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor will initiate services immediately upon receipt of City's notice to proceed together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A, incorporated herein by reference. 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires on September 30, 2021, unless otherwise terminated or extended. The Parties may agree on one (1) additional year extension. The total term of this contract cannot exceed three (3) years. All work under this Agreement must be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A. The total amount paid to the Contractor by the City may not exceed Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). Payments made to Contractor will be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Unless otherwise agreed, payment will be made only for work actually completed as of the date of invoice. C. Payment by City releases City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the invoice. Payment may not be considered acceptance or approval of any work or waiver of any defects therein. D. 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. E. 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. F. Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor. H. 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. I. 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. J. 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. K. Contractor must obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31 st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. L. 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 WORK PRODUCT City is the owner of and is entitled to possession of any and all work products of Contractor which result from this Agreement,including any computations,plans,correspondence,or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT DELEGATION Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits of any kind to which an employee of City is entitled and is solely responsible for all payments and taxes required by law. Furthermore,in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City is entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265. 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 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. Contractor agrees to indemnify and defend the City,its officers,employees,agents,and representatives and hold them harmless from any and all liability,causes of action,claims,losses,damages,judgments, or other costs or expenses,including attorney's fees and witness costs (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), that may be asserted by any person or entity which in anyway arise from, during, or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification will also cover claims brought against the City under state or federal worker's compensation laws. 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. 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 $2,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any one fire) $50,000 B. 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. C. 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. D. 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. E. Insurance Carrier Rati 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. F. 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. G. 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. H. 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. I. 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 SHIELS BLETZ OHNSEN Attn: Sean Farrel1v Attn: Kim Knox Address: 13125 SW Hall Blvd Address: 1140 SW 1 Vh Ave Ste 500 Tigard,OR 97223 Portland OR 97205 Phone: 503 718-2420 Phone: 503 242-0084 Email: seang)tigard-orgov Email: knoxg,soindx.com Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices,bills,and payments are to be given by giving written notice pursuant to this paragraph. 11. SURVIVAL The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. 12. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement will be effective unless and until it is made in writing and signed by both parties. 13. TERMINATION WITHOUT CAUSE At any time and without cause,City has the right in its sole discretion to terminate this Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. 14. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If federal or state regulations or guidelines are modified,changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (A) will be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor,may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement,or fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 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 Sheets,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 E ,UITY In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference: A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in any one week,except as provided by law. For contracts for personal services,as defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for all overtime the employees work in excess of 40 hours in any one week, except for employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. B. Contractor must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract,or by positing a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate of wage,salary,benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or other compensation with another employee or another person. D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material element of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. 20. NON-DISCRIMINATION Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADA_AA) 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(CHANGES)WORK Only the City's Project Manager for this Agreement may change or authorize additional work. Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the contract price or contract time due to such unauthorized extra work and Contractor will not be entitled to compensation for the performance of unauthorized work. 23. WARRANTIES Contractor will guarantee work for a period of one year after the date of final acceptance of the work by the owner. Contractor warrants that all practices and procedures,workmanship and materials are the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore relieves Contractor from liability under warranties contained in or implied by this Agreement. Any intellectual property rights delivered to the City under this Agreement and Contractor's services rendered in the performance of Contractor's obligations under this Agreement, will be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and be free and clear of any and all liens, claims,mortgages, security interests,liabilities, charges, and encumbrances of any kind. 24. ATTORNEY'S FEES In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses, costs and disbursements for the action, suit,proceeding, or appeal. 25. CHOICE OF LAW,VENUE The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the U.S.District Court for Oregon,Portland. 26. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor will comply with all applicable federal,state and local laws,rules and regulations applicable to the work in this Agreement. 27. CONFLICT BETWEEN TERMS In the event of a conflict between the terms of this Agreement and Contractor's proposal, this Agreement will control. In the event of conflict between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control. 28. AUDIT Contractor will maintain records to assure conformance with the terms and conditions of this Agreement and to assure adequate performance and accurate expenditures within the contract period. Contractor agrees to permit City,the State of Oregon,the federal government,or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 29. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired unless the illegal or unenforceable provision affects a significant right or responsibility,in which case the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may terminate the Agreement. 30. COMPLIANCE WITH TAX LAWS Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. [Signature Page to Follow] 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 September 24,2019 meeting. CITY OF TIGARD SHIELS OBLETZ JOHNSEN B BY: t GjIJ 'G 6b �- Name: Name: Tide: Title: -r-Ir Date: Date: �� 7A EXHIBIT A SCOPE OF WORK The Owner's Representative/Project Manager will provide sufficient organization, personnel and management to carry out the requirements of this Agreement for both the Universal Plaza (Project 1) and Fanno Creek Overlook (Project 2),in an expeditious and economical manner consistent with the interests of the City. Support and staffing levels may vary significantly throughout the project duration depending on project need. Task 1— Project Management 1.1 Project Management and Coordination A. The Owner's Representative shall be the point of contact for the City design team, coordinate with A/E consultants and contractor for both the Universal Plaza (Project 1) and Fanno Creek Overlook (Project 2). B. In consultation with the City Project Manager(staff),manage the A/E and construction contractor contracts and project budget. Review consultant/contractor invoicing and recommend approval to City staff. 1.2 Master Schedule A. The Owner's Representative shall prepare a master schedule detailing the design and construction phases of the project,including potential phasing B. Update the project schedule at each phase of design C. Manage the master schedule. 1.3 Project Meetings and Communication Provide project management support services for internal project team coordination including project team and stakeholder meetings, and regular project updates. A. The Owner's Representative shall prepare for and conduct a project kick-off meeting at the City to discuss the project scope, schedule, and design team deliverables with city staff. Kick-off meeting to last 2.5 hours. B. Schedule and lead up design progress and project management meetings (likely monthly,but final number to be negotiated) at the City and prepare meeting agendas and minutes. Meetings to last up to 2 hours. C. Participate in weekly conference call with city project team. Weekly conference calls are anticipated to last 15 minutes. D. Participate in up to two public open-house meetings. E. Participate in up to three TAC meetings F. Act as primary point of contact for adjacent property owners and other stakeholders G. Provide regular status reports to project team 1.4 Design and Engineering Procurement Assist in review of responses to Design and Engineering RFP and interviews. Task 2—Plans, Specifications, and Estimates 2.1 Predesign project planning Assist with predesign project planning and organization documentation, including templates, recommendations, and review of scope, schedule, budget, communications, risk management, and other project document management. 2.2 Design Phase Document Reviews Provide review and analysis of A/E refined concept, 30%, 60%, and 90% and final construction documents 2.3 Review Preliminary Construction Cost Estimates Review A/E preliminary construction cost estimates at 30%, 60%, and 90% and final design Task 3 —Land Use and Permitting 3.1 Land Use Approvals Assist city and A/E with documentation and facilitation of timely land use review and permitting process,including Clean Water Services permits to minimize impacts on project scope, schedule and budget. 3.2 Permitting Assist city and A/E with documentation and facilitation of LUR,PFI,building permit and any other permitting processes, as required. Project 2 may require coordination with the Army Corps of Engineers and Department of State Lands Task 4— Pre-Construction 4.1 Design Development Cost Estimate Provide analysis of cost estimates and oversee reconciliation of project cost estimate 4.2 Construction Cost Estimate Provide analysis of cost estimates and oversee reconciliation of project cost estimate 4.3 Construction Phasing and Constructability review Provide analysis of construction phasing plans and constructability reviews 4.4 Contractor Bidding and Procurement Assist City Project Manager with bidding and procurement of construction contractor Task 5 — Support During Construction 5.1 Weekly meetings with Contractor during construction 5.2 Change Orders Analyze all Change Orders over designated amount, and forward to City Project Manager with recommendations 5.3 Submittals Facilitate a process for timely review and response to all Submittals by Architect/Engineer. 5.4 Requests for Proposals Facilitate a process for timely review and response to all RFP's by Architect/Engineer. Monitor RFP responses for budget and schedule implications and report to Project Manager. 5.5 Substitution Requests Facilitate a process for timely review and response to all substitution requests submittals by Architect/Engineer.With Architect/Engineer,make recommendations to City Project Manager. 5.6 Site Observations Perform periodic site observations,as requested by City project manager. 5.7 Notices of deficient work Ensure that Architect/Engineer is conducting appropriate site inspections and that Notices of Deficiency are timely developed and delivered to Contractor and Project Team. 5.8 Code and permit compliance Ensure that Architect/Engineer reviews,documents and site activities for compliance with applicable codes and permits. Facilitate communication of issues to City Project Manager. 5.9 Operations and Maintenance Manual Oversee development and review of Operations and Maintenance Manual by A/E consultant Task 6— Project Closeout 6.1 As-built review and verifications Provide additional review,verification and comment on as-built documentation 6.2 Project Close-out Support project close-out, including but not necessarily limited to resolving any claims or disputes resulting from the project and drafting required contractor report Potential Schedule for Projects 1 & 2 Phase Time Design/Eineerin Procurement November/December 2019 Des' /En ' ieeLiiN Contract Februar• 2020 Design Concept Refinement March 2020—April 2020 Design Aril 2020—September 2020 Construction Drawings September 2020-1 anua.l 2021 Permitting ]anuary 2021-April 2021 Construction Mav 2021-October 2021 Project Closeout November 2021- anu 2022