REQUEST FOR PROPOSALS (RFP) for

Transcription

1 REQUEST FOR PROPOSALS (RFP) fr Planning, Design and Engineering Services fr the Prpsed Remdel and Expansin f the Bend Senir Center Prject Number Prject Name Date f Issuance: May 16, 2016 Prpsals Due at 2:00 pm n June 17, 2016 at 799 SW COLUMBIA STREET, BEND, OR PROJECT MANAGER Jim Figurski, FASLA jim@bendparksandrec.rg CONTRACT ADMINISTRATOR DAVID L. CROWTHER COVER PAGE

2 Bend Park and Recreatin District Request fr Prpsal (RFP) fr Planning and Design Bend Park and Recreatin District is seeking prpsals frm all qualified licensed prfessinals t prvide all necessary planning, design, cst estimating and engineering services necessary t refine the prgram and design reflected in the current master plan and backgrund dcuments. Sealed prpsals will be accepted by David Crwther at the Bend Metr Park & Recreatin District Administratin Office, 799 SW Clumbia Street, Bend, Oregn until 2:00 pm, June 17, 2016, at which time the prpsals will be pened and read. N prpsals will be accepted after this date and time. The prpsals shall be submitted in a sealed envelpe and marked: Prpser s Name and RFP fr, Prject #047 A fee prpsal fr the scpe f wrk shall be included in a separate sealed envelpe, available fr pening with the District if selected fr cntract negtiatin. The envelpe shall be clearly marked: Prpser s Name and RFP SCOPE AND FEE PROPOSAL fr, Prject #047 There will be a Nn-Mandatry pre submittal meeting fr all interested parties at 3:00pm n May 27, Participants will meet at the main entrance f the existing Bend Senir Center at 1600 SE Reed Market Rad, Bend, Oregn. Cnsultants are encuraged, but nt required, t visit the site prir t submitting prpsals. Please crdinate with the prject manager listed n the cver sheet t arrange access. Request fr Prpsal dcuments, addenda, and ntificatins f results fr this prject may be viewed, printed r rdered n line frm Premier Builders Exchange at under the categry f Public Wrks. Prpsers are respnsible fr checking this web site fr the issuance f any addenda prir t submitting a prpsal. District encurages Prime prpsers t register with Premier Builders Exchange as a plan hlder n this prject. Register at plansnfile.cm. Questins regarding registering with Premier Builders Exchange shuld be directed t , Fax r at admin@plansnfile.cm. Prpsals will be cnsidered nn-respnsive if the prpsal des nt reflect all addenda. Backgrund infrmatin, the 2011 Master Plan and ther drawings are available at Technical questins regarding the prject, r requests fr clarificatin r change, shuld be directed t Jim Figurski, FASLA, at , r via t jim@bendparksandrec.rg and must be received by June 8, The District may reject any prpsal nt in cmpliance with all prescribed public cntracting prcedures and requirements and may reject fr gd cause all prpsals upn a finding f the District that it is in the public interest t d s. INVITATION TO SUBMIT

3 Table f Cntents Sectin 1. Purpse and General Infrmatin Intrductin Overview, Objectives, and Backgrund Prject Term Budget Schedule Definitins Slicitatin Prcess Prcurement Authrity and Methd Availability f Dcuments Reservatin f District Rights Inspectin f Prpsals Single Pint f Cntact Methds f Seeking Mdificatins t RFP, Cntractual Prvisins r Specificatins Prcedure Requests fr Clarificatin / Questins Prtests f RFP Submissin f Prpsals Withdrawal f Prpsals Opening f Prpsals Evaluatin and Award... 8 Sectin 2. Prpsal Requirements Administrative Prpsal Requirements Prpsal Cver Sheet Cpies Technical Prpsal Requirements Prime Cnsultant Staff Sub Cnsultant Staff Apprach and Prcess Experience References...10 RFP # 047 REQUEST FOR PROPOSAL (RFP) Page 1 f 20

4 Sectin 3. Evaluatin and Award Evaluatin Prcess Evaluatin Overview Evaluatin Cmmittee Disqualificatin Evaluatin f Minimum Requirements (Pass / Fail) Evaluatin f Technical Prpsal (Scred) Scring References Evaluatins f Presentatins, Demnstratins and Interviews Ranking f Prpsals Award Ntificatin and Prcess...13 Sectin 4. Scpe f Wrk Phase 1 Prject Scping Phase 2 Schematic Design, Design Develpment, Cnstructin Dcuments, Bidding and Permitting Phase 3 Services During Cnstructin...19 Sectin 5. Attachments...20 RFP # 047 REQUEST FOR PROPOSAL (RFP) Page 2 f 20

5 Sectin 1. Purpse and General Infrmatin 1.1. Intrductin Overview, Objectives, and Backgrund Bend Park and Recreatin District ( District ) is seeking prfessinal services t prvide the necessary planning and design services t deliver the prpsed scpe f wrk (see Sectin 4) fr the Prject lcated at 1600 SE Reed Market Rad, Bend, Oregn. Prpsals shall be based n the Scpe f Wrk described in sectin 4 belw. The District s gal fr the prject is t seek prfessinal services fr the design f a +/- 39,000 square ft expansin f the Bend Senir Center. The wrking name fr this prject is. This name will be used t describe all wrk related t the expansin and remdel f the Bend Senir Center. A Master Plan fr the facility was cmpleted in 2011 (see belw). The Master Plan calls fr a new entrance int the facility, remdel f the existing kitchen, lbby space, cncessin sales, receptin and registratin area, fitness facilities, strage, ffice space, activity/therapeutic pl, a multi-purpse gymnasium and cmplimentary utdr spaces parking, and park imprvements. The master plan, partial site survey, park site map, recreatin prgram summary and ther backgrund dcuments can be fund at: =0 Since the cmpletin f the Master Plan, staff at the District cmpleted a prgramming exercise t identify the types f recreatin prgrams that are t be ffered at Larkspur Center and t identify space needs t supprt the prgram. The results f this exercise changed the cnfiguratin f sme spaces and added a small amunt f additinal space t the facility. The existing Master Plan des nt accunt fr the change in space needs r site wrk identified n the prgramming exercise. The Bend Senir Center () riginally pened in Nvember A 3,600 square ft event rm was added in June The current facility is 14,000 square feet f which nly 7,500 square feet is functinal prgram space. Prgram spaces are divided int a large event rm and several smaller rms that were riginally designed fr specific activities (i.e. library, cmputer lab, arts and crafts, billiards, and cards). In March f 2011, the District cnvened a Visin and Planning Cmmittee t develp brad recmmendatins fr future planning f prgrams, services and facilities at the Bend Senir Center. As a part f the prcess, cmmittee members develped recmmendatins fr the renvatin f the existing facility and pririties fr a future expansin. Limited mdificatins t the existing facility were cmpleted in June 2015; therefre, wrk in this area will be limited t integratin f the existing facility int the +/- 39,000 square ft expansin. REQUEST FOR PROPOSAL (RFP) Page 3 f 20

6 The District wrked with cnsultants and a cmmittee f citizens and staff t develp the Master Plan based n the riginal Visin and Planning Cmmittee recmmendatins, as well as infrmatin gained frm the 2012 Recreatin Needs Assessment and Cmmunity Survey Prject Term The prject is anticipated t start by August f 2016 with Phase One and Phase Tw cmpleted eighteen (18) mnths fllwing a Ntice t Prceed. The District anticipates that Phase Three (Services During Cnstructin) will be cmpleted eighteen (18) mnths fllwing a Ntice t Prceed t the selected cntractr Budget The District s estimated budget fr the wrk described in sectin 4, Scpe f Wrk, is $1,450,000. The ttal prject budget is $16.5 millin, including the estimated design budget abve; this budget includes, but is nt limited t, csts fr Cnstructin, Permitting, Cnstructin Services, and ther csts brne by the District Schedule Event Due Date RFP Release, (Date f Issuance) May16, 2016 Pre-Prpsal Meeting (Nn-mandatry) May 27, 2016 Written Questins Due By June 8, 2016 Answers t Questins Issued By June 13, 2016 RFP Clsing June 17, 2016 Opening f Prpsals June 17, 2016 Review f RFPs June 24, 2016 Interviews July 11-15, 2016 Ntice f Intent T Award July 18, 2016 Award Prtests July 18 22, 2016 Negtiatins July 24-29, 2016 Ntice f Award August 9, 2016 Ntice t Prceed August 13, Definitins Fr general definitins see OAR , which are incrprated by reference herein. REQUEST FOR PROPOSAL (RFP) Page 4 f 20

7 District shall mean Bend Park and Recreatin District. BPRD shall mean Bend Park and Recreatin District. RFP shall mean this Request fr Prpsal. Scpe f Wrk shall mean the general character f the supplies and services, the wrk s purpse and bjectives, and the District s expectatins. Examples f expectatins include, if applicable, a descriptin f the prpsed purchase, specificatins, tasks (bligatins), deliverables, delivery r perfrmance schedule, and acceptance requirements. The Scpe f Wrk helps the prspective Prpsers develp their Prpsals. Statement f Wrk shall mean the specific prvisin in the final Cntract which sets frth and defines in detail the agreed-upn bjectives, expectatins, perfrmance standards, and ther bligatins. Business Manager r Prject Manager shall mean the persn the District has designated as the single pint f cntact fr this RFP Slicitatin Prcess Prcurement Authrity and Methd The District is issuing the RFP pursuant t its authrity under Bend Park and Recreatin District Reslutin 386. The District intends t use the Frmal Selectin Methd pursuant t OAR Prpsers respnding t the RFP d s slely at their wn expense. The District is nt respnsible fr any Prpser csts r expenses assciated with the RFP Availability f Dcuments The RFP, including all addenda, attachments, and ntificatins f results fr this RFP, may be viewed, printed r rdered n line frm Premier Builders Exchange at then click n Public Wrks Prjects. Prpsers are respnsible fr checking this web site fr the issuance f any addenda prir t submitting a prpsal. The District encurages Prime Prpsers t register with Premier Builders Exchange as a plan-hlder fr this prject. Register at plansnfile.cm. If yu have questins cntact Premier Builders Exchange at , Fax r at admin@plansnfile.cm. Prpsals will be cnsidered nn-respnsive if the prpsal des nt reflect all addenda Reservatin f District Rights District reserves all rights regarding the RFP, including, withut limitatin, the right t: Amend, delay r cancel the RFP withut liability if District finds it is in the best interest f the District r the public t d s; Reject any r all Prpsals received upn finding that it is in the best interest f the District r the public t d s; REQUEST FOR PROPOSAL (RFP) Page 5 f 20

8 Waive any minr infrmality r nn-cnfrmance with the prvisins r prcedures f the RFP, and seek clarificatin f any Prpsal, if required; Reject any Prpsal that fails substantially t cmply with all prescribed RFP prcedures and requirements; Negtiate a Cntract based n the Scpe f Wrk described in Sectin 4 and t negtiate separately in any manner necessary t serve the best interest f the public per OAR (4)(a)(G); Amend any Cntracts that are a result f the RFP; Engage cnsultants t perfrm the same r similar services; and T extend any Cntracts that result frm the RFP withut an additinal RFP prcess fr up t five (5) years, fr the circumstances described in OAR The intent f the RFP is t identify a Prpsal frm a Prpser with the level f specialized skill, knwledge and resurces t perfrm the wrk described in the RFP. Qualificatins, perfrmance histry, expertise, knwledge and the ability t exercise sund prfessinal judgment are primary cnsideratins in the selectin prcess. The District reserves the sle right t determine the best Prpsal fr the District s needs Inspectin f Prpsals After the evaluatin/selectin and negtiatin prcess is cmplete, Prpsals will be pen t inspectin in accrdance with ORS 279C.410. If a Prpsal cntains any infrmatin that may be cnsidered exempt frm disclsure under Oregn Public Recrds Law, ORS thrugh , the Prpser must clearly designate the prtins f its Prpsal that Prpser claims are exempt frm disclsure, alng with a justificatin and citatin t the authrity relied upn. Applicatin f the Oregn Public Recrds Law shall determine whether any infrmatin is actually exempt frm disclsure. Identifying the Prpsal in whle as exempt frm disclsure is nt acceptable. If the Prpser fails t identify the prtins f the Prpsal that the Prpser claims are exempt frm disclsure and the authrity used t substantiate that claim, the Prpser is deemed t waive any future claim fr nn-disclsure f that infrmatin Single Pint f Cntact All technical questins abut the requirements f the RFP, scpe f wrk, r evaluatin prcess shall be directed t the Prject Manager listed n the cver page. Nn-technical questins, cntractual requirements, r the prcurement prcess, shall be directed t the Cntract Administratr listed n the cver page f the RFP Methds f Seeking Mdificatins t RFP, Cntractual Prvisins r Specificatins Prcedure Any Prpser may submit t the Cntract Administratr a written request fr changes t the RFP, cntractual terms r specificatins. The request shall REQUEST FOR PROPOSAL (RFP) Page 6 f 20

9 include the reasn fr requested changes, supprted by factual dcumentatin, any prpsed changes and shall cntain all ther infrmatin required by OAR Requests fr mdificatins t this RFP may be requested in writing, as fllws: (a) request fr clarificatin; (b) frmal submittal f requests fr changes t the RFP, cntractual terms r specificatins; r (c) frmal submittal f prtests f the RFP, cntractual terms r specificatins. Envelpes cntaining requests fr clarificatin, requests fr change, and prtests shall be marked as fllws: Request fr Clarificatin / Change / Prtest RFP Number Prject Name Envelpes must be received by the Business Manager prir t the date and time specified in Sectin 1.2. This deadline may be extended by Addendum. N requests fr clarificatin, requests fr change r prtests regarding the RFP, cntractual terms r specificatins shall be cnsidered if received after the date and time specified in this Sectin r the date specified in a subsequent Addendum Requests fr Clarificatin / Questins Questins, including requests fr explanatins f the meaning r interpretatin f prvisins f the RFP, shall be submitted in writing, and must arrive in the District ffice by 4 pm Pacific Standard Time, as specified in Sectin 1.2. Faxes (including Prpser s fax number) and s are acceptable. Questins shall be directed t the Single Pint f Cntact per 1.5 abve Prtests f RFP Prpsers may submit t the Business Manager a written prtest f RFP, cntractual terms r specificatins. T be cnsidered, Prtests shall: Identify the Prpser s name and reference the RFP number Cntain evidence that supprts the grunds n which the prtest is based and specify the relief sught, including a statement f the prpsed changes t the prcess r RFP prvisins, requirements r terms and cnditins that the Prpser believes shall remedy the cnditins upn which the prtest is based. Be signed by the Prpser s authrized representative Be submitted t the Business Manager t the address listed n the cver page by the slicitatin prtest due date specified in sectin 1.2. The District shall nt cnsider slicitatin prtests that d nt meet the requirements f this Sectin. The District shall reslve all slicitatin prtests in accrdance with OAR REQUEST FOR PROPOSAL (RFP) Page 7 f 20

10 1.7. Submissin f Prpsals Prpsals shall be received by the District representative listed n the Invitatin t Submit n later than the clsing date and time specified at the address listed n the same. Prpsals may be delivered via U.S. Mail, curier r hand-delivery. Mailed prpsals shall be sent t the attentin f the BUSINESS MANAGER. Late, faxed r electrnically transmitted Prpsals shall nt be accepted Withdrawal f Prpsals If a Prpser wishes t withdraw a submitted Prpsal, it shall d s prir t the Clsing date and time. The Prpser shall submit a written request t withdraw, signed by the Prpser, n the Prpser s letterhead, t the BUSINESS MANAGER at the address listed n the Invitatin t Submit Opening f Prpsals Prpsals shall be pened and the names f all prpsers shall be read at the date and time listed in the Schedule, sectin 1.2. Prpsals will nt be read alud. Prpsals shall be pened at the lcatin listed n the Invitatin t Submit Evaluatin and Award The evaluatin and award prcess is described in Sectin 3 Sectin 2. Prpsal Requirements Prpsals shall address the prpsal and submissin requirements set frth in the RFP. Prpsals shall respnd t all elements f infrmatin requested withut exceptin. Prpsals that d nt meet the requirements set frth in the RFP shall be deemed nnrespnsive and shall nt be further cnsidered Administrative Prpsal Requirements Prpsal Cver Sheet. The Prpser shall sign and submit the Prpsal Cver Sheet (see attachment A) Cpies Written prpsals shall nt exceed frty (40), 8.5 x 11 inch pages; if duble sided cpies are prvided this means twenty (20) sheets f duble sided cntent, (excluding cver), bund. Use f recyclable materials is encuraged. Ten (10 print cpies f which ne is an riginal unbund cpy and ne digital cpy in PDF frmat shall be submitted. REQUEST FOR PROPOSAL (RFP) Page 8 f 20

11 The electrnic cpy f the prpsal shall be prvided n a thumb drive, and shall be in a PDF frmat. All PDF files shall use cmpressed graphics fr ease f distributin via Technical Prpsal Requirements The Prpsal shall describe hw the Prpser meets each f the technical requirements described in the Scpe f Wrk in Sectin 4. This Prpsal shall be evaluated as described in Sectin Prime Cnsultant Staff Identify prime cnsultant s lead staff assigned t prject, describing their specific rles, qualificatins and experience with similar prject types. (pssible 35 pints See Sectin 3) It is expected that the successful prpser shall include prfessinal team members experienced in architecture, aquatic facilities, cncessins and fd services, facility signage and way-finding, landscape architecture, civil, MEP and structural engineering, park and recreatin prgramming, planning and transprtatin, cst estimating and permitting f similar structures. It is als expected that prpsals fr the design and cnstructin fr the prpsed facilities will include a detailed getechnical analysis f the site Sub Cnsultant Staff Identify lead staff fr subcnsultants assigned t prject, including their rle, qualificatins and experience wrking tgether n prjects f similar nature, with the public and public agencies. (pssible 20 pints See Sectin 3) The successful prpser shall include a resume r bi fr prfessinal team members experienced in architecture, aquatic facilities, cncessins and fd services, facility signage and way-finding, landscape architecture, getechnical analysis, architecture, civil, mechanical, electrical and structural engineering, getechnical, park and recreatin prgramming, land use planning, transprtatin planning, cst estimating and permitting f similar structures (Land Use and Building permits). The District is interested in the experience f the team members assigned t this prject. D nt describe firm-wide experience nt assciated with assigned team members. REQUEST FOR PROPOSAL (RFP) Page 9 f 20

12 Apprach and Prcess Describe yur prject apprach and prcess anticipated t cmplete the prject, including prpsed cmmunicatin plan (with BPRD) and a prpsed prject schedule fr all Phases. (pssible 35 pints See Sectin 3) Prvide critical review f prpsed scpe f wrk, depicted in Exhibit A, Public Invlvement Plan and prpsed prject schedule. Identify pssible efficiencies and savings available frm alternative wrk scpes. Identify pssible efficiencies in prpsed scpe f wrk that wuld reduce verall scpe and fee Experience Identify additinal r alternative wrk prcesses that wuld increase r decrease scpe r fee Prpsals shall demnstrate experience with cmmunities f similar ppulatin, demgraphics, climate, permitting prcesses and specific ppulatins affected by prpsed scpe f wrk. List experience specific t Central Oregn, if yur firm has relevant central Oregn experience. (pssible 10 pints see Sectin 3) References References may be submitted fr either the Prime Cnsultant r the Sub- Cnsultants and will be evaluated as part f the qualificatins stated abve fr bth Prime and Sub Cnsultants. Reference statements will be included within the ttal allcated page cunt f the Request fr Prpsals. Sectin 3. Evaluatin and Award 3.1. Evaluatin Prcess Evaluatin Overview The District shall evaluate and scre all prpsals n the cmpleteness, quality, and applicability f their cntent in accrdance with the fllwing sectins: Sectin 3.2, Evaluatin f Minimum Requirements (Pass / Fail) Sectin 3.3, Evaluatin f Technical Prpsal (Scred) Sectin 3.4, Evaluatin f Presentatins, Demnstratins and Interviews (Scred) Sectin 3.5, Ranking f prpsals REQUEST FOR PROPOSAL (RFP) Page 10 f 20

13 Evaluatin Cmmittee The District shall establish an evaluatin cmmittee, which may cnsist f District staff, land wner representative(s), gvernment partners, and cmmunity partners, t review, evaluate and scre each Prpsal Disqualificatin Any attempt by a Prpser t imprperly influence a member f the evaluatin cmmittee during the prpsal review and evaluatin prcess shall result in rejectin f that Prpsal Evaluatin f Minimum Requirements (Pass / Fail) The evaluatin cmmittee shall review all Prpsals n a pass/fail basis and determine if each Prpsal meets the minimum Technical prpsal requirements described in Sectin 2.2 f this RFP. Prpser s failure t cmply with the instructins r t submit a cmplete Prpsal may result in the Prpsal being deemed nn-respnsive. Only thse Prpsals determined respnsive t the Minimum Requirements shall be cnsidered fr further evaluatin in Sectin 3.4. See the Reservatin f District Rights in Sectin Evaluatin f Technical Prpsal (Scred) The evaluatin cmmittee shall scre all Prpsals using the quantity and quality f infrmatin described in this Sectin. Pints assigned by each evaluatin cmmittee member shall be added tgether and divided by the ttal number f evaluatin cmmittee members t cmpute an average scre fr the evaluatin questins. Fee prpsal infrmatin shall nt be available t the evaluatin cmmittee during this evaluatin f technical prpsals. The evaluatin cmmittee may request additinal clarificatin frm Prpsers fr any prtin f the Prpsals. If a Prpsal is unclear, the Prpser may be asked t prvide clarificatin. N new infrmatin r dcumentatin may be submitted, hwever, and clarificatins may nt be used t rehabilitate a nn-respnsive Prpsal. Prpsers shall remain available during the evaluatin perid t respnd t requests fr additinal clarificatin. Prpsers shall submit written signed clarificatin(s) within 24 hurs (Mnday- Friday) fllwing receipt f the request. Failure t prvide clarificatin may result in a lwer scre. The evaluatin cmmittee shall assign pints t its evaluatin f each Prpsal as fllws: REQUEST FOR PROPOSAL (RFP) Page 11 f 20

14 Scring Scring Criteria Experience f lead designers and team with similar prject type Experience f design team wrking cllabratively with general public, public agencies (permitting), and sub- Cnsultants. Maximum Pint Value 35 pints 20 pints Prject Apprach and Schedule 35 pints Demnstratin f lcal knwledge and familiarity with affected cmmunities. 10 pints Ttal Pints Pssible References See sectin fr reference requirements District reserves the right t request references in additin t thse prvided by the Prpser, t investigate any references whether r nt furnished by the Prpser, and t investigate the past perfrmance f any Prpser. District may investigate the qualificatins f a Prpser, including but nt limited t: successful perfrmance f similar services; cmpliance with specificatins and cntractual bligatins; its cmpletin r delivery f services n schedule; and its lawful payment f suppli.e.rs, subcntractrs, and wrkers. District may pstpne the award r executin f the Cntract after the annuncement f the apparent successful Prpser in rder t cmplete its investigatin. See ther Reservatin f District s Rights in Sectin The cmmittee may make up t three attempts t cntact each f the reference surces. These attempts shall be made during nrmal business hurs. If the three attempts are unsuccessful, the Prpser shall receive zer pints fr that Reference surce. Each reference that is cntacted and questined shall be asked questins frm the categries listed in sectin Evaluatins f Presentatins, Demnstratins and Interviews District may cnduct and scre presentatins, demnstratins r interviews (cllectively called events ) at the discretin f District. If any events are cnducted, the fllwing prcedures shall apply. District reserves the right t prvide further prcedures, r change any f the fllwing prcedures, and if it des s, District shall ntify the Prpser f such further prcedures r changes when it ntifies the Prpser f the time and date f the event. The high-scring Prpser(s) shall be invited t prvide an event t the evaluatin cmmittee. All csts assciated with the event are the respnsibility f the Prpser. If REQUEST FOR PROPOSAL (RFP) Page 12 f 20

15 applicable, Prpser shall prvide all audi/visual equipment necessary fr the event. District shall prvide a rm equipped with a netwrk cnnectin; hwever, District is nt respnsible if this cnnectin fails fr any reasn. District suggests that Prpser have a back-up event (visual aids, handuts) prepared in the event f cnnectin failure. District reserves the right t nt reschedule any event due t technical difficulties. Each Prpser shall be given a maximum f tw (2) hurs fr the event including questins frm r interactin with the evaluatin cmmittee. Items t be cvered in the event shall include, but need nt be limited t: Experience f prpser and prpser s team wrking cllabratively with the general public, public agencies (permitting) and prpser s team members, Visual representatin f prject understanding and apprach, Experience f lead designers with similar prject types, and Demnstrated lcal knwledge and familiarity with cmmunity dynamics Each member f the evaluatin cmmittee shall award pints based n his r her assessment f hw well the event cvered each subject area. A maximum f award f 100 pints is available fr each event. Maximum pint values are distributed as fllws: experience (20 pints), apprach (35 pints), experience with similar prject types (35 pints) and lcal knwledge (10 pints). Fee prpsal infrmatin shall nt be available t the evaluatin cmmittee during the event evaluatin. Evaluatin f presentatin pints shall be scred by adding the ttal pints prvided by the evaluatin cmmittee, then divided by the number f evaluatin cmmittee members t cmpute an average scre fr the demnstratin. This average scre shall be cmbined with all ther scres t arrive at a ttal cumulative scre Ranking f Prpsals The evaluatin cmmittee shall add tgether the pints awarded a prpsal t determine the ttal scre and ranking f each Prpsal 3.6. Award Ntificatin and Prcess Once the evaluatin cmmittee reaches agreement n an apparent first prpser, the District shall ntify all Prpsers in writing f Ntice f Intent t Award. District shall request a meeting t pen and inspect prpser s fee prpsal submittal with the prpser present. It is the intent f District t negtiate a scpe and ttal fee, fr Phase 1 and Phase 2, with the highest ranked cnsultant prir t award f a cntract. District reserves the right t negtiate a final Cntract that is in the best interest f the District. District shall, either rally r in writing, frmally terminate negtiatins with the highest ranked Prpser if the District and the Prpser are unable fr any reasn t reach agreement n a fee fr the Cntract within a reasnable amunt f time. The District may thereafter negtiate with the secnd REQUEST FOR PROPOSAL (RFP) Page 13 f 20

16 ranked Prpser, and if necessary, with the third ranked Prpser until negtiatins result in a Cntract r the District cancels the RFP per OAR Sectin 4. Scpe f Wrk 4.1. Phase 1 Prject Scping Wrking with Bend Park and Recreatin District (District), the Cnsultant will review the 2011 Bend Senir Center Master Plan and the Larkspur Prgram Summary dcuments including the size, range f amenities, functinal arrangements such as parking, access, circulatin, pen space, and general building and site cnfiguratins, including existing park elements. The purpse f this review is t cnfirm intended prgram uses and space requirements prir t engaging in the design prcess. The Scping Phase will enable the design team t fcus wrk required in subsequent phases. It is the intent f the District that the building and site design meet LEED Silver standards, althugh the District des nt intend t apply fr LEED certificatin. T facilitate this prcess, the District may frm a Technical Advisry Cmmittee (TAC) cmprised f prject, prgramming and peratins staff wh will participate in the scping meetings and wh will als be engaged in meetings r presentatins f wrks in prgress. The cmpsitin f the TAC may vary depending n fcus f meetings and presentatins. Expected wrk f this phase includes: Attendance at all meetings by team leaders in key prject areas. Nte this may vary by subject f each meeting. It is expected that tw half-day meetings will be required t cmplete this phase. Meeting ne: Intrductin f design team and key District staff, Review f 2011 Master Plan, intended prgrams and space needs and Review f site needs and develpment f site prgram. Prir t meeting tw the Cnsultant shall: Cmplete a preliminary land use and building cde review with the City f Bend t cnfirm requirements fr jurisdictinal, land use, site, and building cnstructin permits (including Fire, Life, and Safety issues). Identify and include in their scpe f wrk all required n-site and ff-site imprvements and an estimate f system develpment fees and all ther land use and building permit fees and charges that may be required thrugh the permitting prcess as a result f prpsed develpment, (including Energy requirements). Meeting tw: presentatin by Cnsultant f a revised master plan drawing required as a result f discussins in meeting ne. REQUEST FOR PROPOSAL (RFP) Page 14 f 20

17 Prepare and submit fr the District Bard s apprval, a final schematic design cnsisting f drawings and ther dcuments illustrating the scale and relatinship f prject cmpnents. Phase One Deliverables: a revised Master Plan drawing (cncept) reflecting the updated prgram and space elements and a clear and fully detailed prject schedule fr wrk anticipated in Phase Tw f the prject Phase 2 Schematic Design, Design Develpment, Cnstructin Dcuments, Bidding and Permitting Schematic Design Prir t starting schematic design the Cnsultant shall prvide a detailed getechnical analysis f the prpsed building site. The Cnsultant shall prvide up t three graphic representatins f alternative cnfiguratins and arrangements fr elements included in the master plan including desired mdificatins t the master plan as discussed during scping in Phase One. The graphics shall be sufficiently cmplete and clear t establish the design character and intent f each alternative. Each design ptin shall include enugh detail t evaluate ff-street imprvements, building and site relatinships, interir and exterir functinal relatinships, access, and parking. Each ptin shall include plans, elevatins and crss sectins, as well as a threedimensinal prject massing. Prepare a preliminary estimate f prbable prject csts fr each alternative fr the District. Develp criteria that will capture the mst cst-effective sustainable design cmpnents. Develp a preliminary material template, building elevatins, and site and building sectins t illustrate the verall site and facility character. Wrking cllabratively with District staff, select a final preferred design arrangement fr all prject elements, building and site, and prvide refined schematic design graphics that fully illustrate the preferred design. The Cnsultant shall supprt the District s utreach prcess by supplying graphic materials representing building and site plans, materiality and prject layut fr the purpse f public meetings and psting n the District s prject website. The District shall take the lead in all public utreach effrts. Wrking with the District, evaluate the value f engaging a Cnstructin Manager General Cntractr (CMGC) in the design and cnstructin prcess. REQUEST FOR PROPOSAL (RFP) Page 15 f 20

18 If a CMGC prcess is determined t be apprpriate the Cnsultant shall assist the District in the advertisement, interview and selectin f a CMGC. Further preliminary land use and building permit discussins with the City f Bend. Schematic Design Deliverables: Technical mem, plans, elevatins, and building massing drawings (written and graphic frm) identifying the size, range f amenities, functinal arrangements such as parking, access, circulatin, and general building arrangements including: Relatinship f new cnstructin t existing facilities. Aquatic facilities including but nt limited t warm water pl(s), water play elements and general aquatic use. Recreatin facilities including but nt limited t exercise and fitness rms, gymnasium(s), and multi-purpse space(s). Supprt facilities including but nt limited t lcker and changing rms; restrms; rms fr strage, mechanical, electrical and specialized equipment; staff break rm, ffices, lckers and meeting space. A final schematic design level estimate f prbable csts assciated with the selected alternative brken dwn by building type, n-site csts, and ff-site csts. An updated prject schedule. Design Develpment Prepare and submit fr the District s apprval, design and develpment dcuments cnsisting f drawings, delineatin f equipment, mechanical and cmmunicatins requirements, clrs and final selectin f materials, specificatins and ther dcuments, all f which fix and describe the architectural, mechanical and electrical systems cnfrming t LEED Silver Certificatin standards, materials, and such ther elements as may be apprpriate, including slar capacity f prpsed facilities. District will nt be seeking LEED certificatin, but wish t use the LEED standards as a design parameter. Prpsed and final designs must respnd t the requirements f the State f Oregn Department f Energy cmmitment t 1.5% green energy surces. Prepare a life cycle cst analysis t assist in final systems decisins. Update estimate f prbable prject csts. Cnsultant will prmptly advise the District f the impact that special design details, materials, and equipment items may have n cnstructin csts. Cnsultant will perfrm cst effectiveness adjustments t design as required by the District. Prepare all necessary dcuments fr value engineering t assist District representatives in making value engineering decisins. Prepare any additinal designs and/r specificatins as a result f value engineering. If CM/GC is used, the design team will wrk with the CM/GC firm with cst verificatin services. The Cnsultant will present the design develpment drawings and revised cst estimate t the District Bard f Directrs. REQUEST FOR PROPOSAL (RFP) Page 16 f 20

19 Design Develpment Deliverables Updated, Design Develpment level technical mem, plans, elevatins, and building massing drawings (written and graphic frm) further clarifying the size, range f amenities, functinal arrangements such as parking, access, circulatin, and general building arrangements including: Relatinships f new cnstructin t existing facilities including schematic representatin f prpsed cnstructin sequences fr selective demlitin while maintaining current ccupancy and functins within the existing center. Aquatic facilities including but nt limited t warm water pl(s), water play elements and general aquatic use. Recreatin facilities including but nt limited t exercise and fitness rms, gymnasium(s), and multi-purpse space(s). Supprt facilities including but nt limited t lcker and changing rms; restrms; rms fr strage, mechanical, electrical and specialized equipment; staff break rm, ffices, lckers and meeting space. A technical mem clearly presenting a life-cycle cst analysis f prpsed building systems and materials. A final schematic design level estimate f prbable csts brken dwn by building type/area, n-site csts, and ff-site csts. An updated prject schedule. A value engineering reprt identifying line item csts and the prs and cns f pssible revisins t prpsed materials r design necessary t meet the prject budget. Cnstructin Dcuments Prepare and submit fr apprval, wrking drawings and specificatins ( Cntract Dcuments ) setting frth in detail the requirements fr cnstructin f the prject based n value engineering decisins made at the Design Develpment level. The Cnstructin Dcuments will cmply with applicable laws and regulatins including, but nt limited t, building regulatins and ccupatin safety and health regulatins enfrced at the time the Cnstructin Dcuments are issued, meet all the District s fire and casualty insurance underwriter s requirements; and cmply with all cmpetitive bidding laws and requirements f District and the State f Oregn. Apprval f the Cntract Dcuments will nt relieve Cnsultant f its respnsibilities under this Agreement. Update revised estimate f prbable cnstructin csts. Cnsultant will prmptly advise the District f the impact that special design details, materials, and equipment items may have n cnstructin csts. Prepare all necessary dcuments fr value engineering t assist District representatives in making value engineering decisins. Prepare an alternative design as a result f value engineering. If CM/GC is used, the design team will wrk with the CM/GC firm fr cst verificatin services. The Cnsultant shall prepare and submit applicatins fr land use, building, transprtatin and all ther frms, certificates and permits that may be required t cnstruct, ccupy and/r use the prject fr its intended purpses. REQUEST FOR PROPOSAL (RFP) Page 17 f 20

20 Assist the District in the selectin f Special Inspectrs required by the prject. The Cnsultant may be asked t make a final presentatin t the District Bard f Directrs abut cst and any design changes. Cnstructin Dcuments Deliverables In additin t the materials, drawings and dcuments described abve, prvide the fllwing: A final technical mem clearly presenting a life-cycle cst analysis f anticipated building systems and materials. A final cnstructin level estimate f prbable csts brken dwn by building type/area, n-site csts, and ff-site csts. An updated prject schedule. A final value engineering reprt identifying line item csts and the prs and cns f pssible revisins t prpsed materials r design necessary t meet the prject budget. Bidding Assist the District in develping bid dcument packages, in btaining bids, and in evaluating bids by prviding all dcumentatin needed fr prper bidding and cntract preparatin. Assist in the preparatin f newspaper advertisements, electrnic advertisements, and instructins t bidders, issuing addenda, and rganizing and leading the pre-bid cnferences. Issue five (5) sets f drawings, including digital dcumentatin in PDF and AutCAD frmat. Maximum printed sheet size shall be n greater than 30 inches by 42 inches. Assist the District in the review and evaluatin f bids. Fllwing bid pening prepare all necessary dcuments fr value engineering t assist District representatives in making value engineering decisins t bring prject within budget. Prepare an alternative design as a result f value engineering. Prvide a Cnstructin Dcument Set that incrprates all addenda during the bid perid and all value engineering decisins made as a result f the bid prcess. The Cnsultant shall prvide a minimum f 5 printed drawing sets and ne digital drawing set, in bth PDF frmat and AutCAD frmat cmpatible with the District s current sftware versins REQUEST FOR PROPOSAL (RFP) Page 18 f 20

21 4.3. Phase 3 Services During Cnstructin (At the end f Phase Tw the District shall negtiate a scpe and fee fr Services During Cnstructin based upn, but n limited t, the fllwing utline f anticipated services) At the directin f District staff, issue Ntice t Prceed and rganize and lead the pre-cnstructin cnference that reviews the prcedures and prcesses fr cnstructin f the prject. Visit the site at intervals apprpriate t the stage f cnstructin, as agreed t by Cnsultant and the District, t becme familiar with the prgress and quality f the wrk cmpleted and t determine in general if the wrk is being perfrmed in a manner indicating that the wrk, when cmpleted, will be in accrdance with the Cntract Dcuments. Immediately ntify the District f any prblems it discvers r bserves. Cnsultant will submit a written reprt t the District within three (3) days after each bservatin utlining items bserved, specific findings, discrepancies in the wrk and prblems reprted, and time spent n the jbsite. Review and apprve r take ther apprpriate actin upn RFIs (Request fr Infrmatin) r submittals, such as shp drawings, prduct data and samples, fr the purpse f determining if the wrk affected by and represented in such submittals is in cmpliance with the requirements f the Cntract Dcuments. Cnsultant s review is nt intended as an apprval f cnstructin means, methds, techniques, sequences, r prcedures, nr t relieve the respnsible cntractr f full respnsibility fr any errr r deviatin frm the Cntract Dcuments. The Cnsultant s actin will be taken with such reasnable prmptness as t cause n delay in the wrk while allwing sufficient time in the Cnsultant s prfessinal judgment t permit adequate review. The Cnsultant shall keep a cmputerized lg f all RFIs and submittals. Review all change rders, verify all csts, and make recmmendatin fr payment r apprpriate actin. Prepare changes t the Cnstructin Dcuments t reflect apprved changes in the scpe r nature f the wrk. Be present during initial start-up f systems. Participate in pre-final and final bservatins f the wrk t determine if the wrk is cmplete and in accrdance with the Cnstructin Dcuments. Prepare discipline specific punch lists fr incrpratin int District s punch list. Prepare a set f reprducible recrd drawings in frmat cmpatible with District sftware (as-built) shwing significant changes in the wrk made during cnstructin based n marked-up prints, drawings and ther data furnished by the Cntractr t REQUEST FOR PROPOSAL (RFP) Page 19 f 20

22 the Architect. Such drawings shall be prvided fr the District s general infrmatin nly, and Architect shall nt be respnsible fr errrs r missins in recrd drawings regardless f the surce f infrmatin relied upn fr the preparatin f such drawings. Sectin 5. Attachments Attachment A Prpsal Cver Sheet Attachment B Sample Cntract Attachment C DRAFT Scpe and Fee Schedule (example) REQUEST FOR PROPOSAL (RFP) Page 20 f 20

23 Attachment A - Prpsal Cver Sheet Prpser Infrmatin Organizatin Name: Primary Cntact Persn: Title: Address: City, State, Zip: Telephne: Fax: Address: Name and title f the persn(s) authrized t represent the Prpser in any negtiatins and sign any cntracts that may result: Name: Title: Minimum Prpsal Requirements: This Prpsal: Includes current resumes fr each f the Prpsers Key Persns. Meets all Minimum Prpsal Requirements described in Sectin 2; Addresses all Technical Prpsal Requirements described in Sectin 2.2, including but nt limited t Sectin 4, Scpe f Wrk; and Includes a Fee Prpsal described in the Invitatin t Submit (separate frm the rest f the Prpsal). Regarding Sectin 3.3.2, References, prvide at least three (3) client references with telephne numbers (please verify numbers) fr the rganizatin. References shuld nt be mre than eight years ld and be f similar prjects. Client references shall be able t describe and verify the quality f yur Services and custmer service. Representatins, Attestatins, and Certificatins: The undersigned further acknwledges, attests and certifies individually and n behalf f the Prpser that: 1. N attempt has been made r shall be made by the Prpser t induce any ther persn r rganizatin t submit r nt submit a Prpsal. REQUEST FOR PROPOSAL (RFP) Page 1 f 3

24 2. Infrmatin and prices included in this Prpsal shall remain valid fr ne hundred and twenty (120) days after the prpsal due date r until a Cntract is apprved, whichever cmes first. 3. The undersigned recgnizes that this is a public dcument and pen t public inspectin. 4. The Prpser acknwledges receipt f all Addenda issued under the RFP. 5. Prpser des nt discriminate in its emplyment practices with regard t race, creed, age, religius affiliatin, sex, disability, sexual rientatin r natinal rigin, nr has Prpser r will Prpser discriminate against a subcntractr in the awarding f a subcntract because the subcntractr is a minrity, wmen r emerging small business enterprise certified under ORS Affirmative Actin Prgram: District is an equal-emplyment-pprtunity emplyer and value diversity in its wrk frce. District requires its Cntractrs t have an perating plicy as an equal emplyment pprtunity emplyer. Firms f 50 peple r less d nt need t have a frmal equal emplyment pprtunity prgram, but shall have an perating plicy supprting equal emplyment pprtunity. (Name f Firm) has an perating plicy supprting equal emplyment pprtunity. Firms f 50 peple r mre shall als have a frmal equal emplyment pprtunity prgram. Yes N Des yur firm have 50 r mre emplyees? Yes N Des yur firm have a frmal equal emplyment pprtunity prgram? Yes N This Prpsal has been printed n recycled paper. 6. The Prpser, acting thrugh its authrized representative, has read and understands all RFP instructins, specificatins, and terms and cnditins cntained within the RFP and all Addenda, if any; 7. The Prpser agrees t and shall cmply with, all requirements, specificatins and terms and cnditins cntained within the RFP, including all Addenda, if any; 8. The Prpsal submitted is in respnse t the specific language cntained in the RFP, and Prpser has made n assumptins based upn either (a) verbal r written statements nt cntained in the RFP, r (b) any previusly-issued RFP, if any. 9. The Prpser agrees that if awarded the Cntract, Prpser shall be authrized t d business in the State f Oregn at the time f the award; 10. District shall nt be liable fr any claims r be subject t any defenses asserted by Prpser based upn, resulting frm, r related t, Prpser's failure t cmprehend all requirements f the RFP. REQUEST FOR PROPOSAL (RFP) Page 2 f 3

25 11. The District shall nt be liable fr any expenses incurred by Prpser in bth preparing and submitting its Prpsal, r in participating in the prpsal evaluatin/selectin r Cntract negtiatin prcess, if any. 12. The signatry f this Prpsal Cver Sheet is a duly authrized representative f the Prpser, has been authrized by Prpser t make all representatins, attestatins, and certificatins cntained in this Prpsal dcument and all Addenda, if any, issued, and t execute this Prpsal dcument n behalf f Prpser. 13. By signature belw, the undersigned Authrized Representative hereby certifies n behalf f Prpser that all cntents f this Prpsal Cver Sheet and the submitted Prpsal are truthful, cmplete and accurate. Failure t prvide infrmatin required by the RFP may ultimately result in rejectin f the Prpsal. SIGNATURE OF PROPOSER'S DULY AUTHORIZED REPRESENTATIVE FOR ALL SECTIONS: Authrized Signature: Print Name: Title: Cntact Persn (Type r Print): Telephne Number: ( ) Fax Number: ( ) Address: REQUEST FOR PROPOSAL (RFP) Page 3 f 3

26 Bend Park and Recreatin District AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made as f <Insert Effective Date> Between the District: Bend Park and Recreatin District 799 SW Clumbia Street Bend, Oregn And the Cnsultant: <Insert Name> <Insert Address> <Insert City state and zip cde> <Insert phne number> Fr the fllwing Prject: LARKSPUR CENTER Planning and Design The District and the Cnsultant agree as fllws: ARTICLE 1 Prject Parameters 1.1 This Agreement is based upn the fllwing initial infrmatin and assumptins..1 Prject: Bend Park and Recreatin District is seeking prpsals frm all qualified licensed prfessinals t prvide all necessary planning, design, cst estimating and engineering services necessary t refine the prgram and design reflected in the current master plan and backgrund dcuments..2 Site: 1600 SE Reed Market Rad, Bend Oregn..3 Schedule: 18 mnths frm date f Ntice t Prceed.4 Fee: <Insert Cnsultants ttal fee fr cntract> 1.2 Scpe f Services. Cnsultant will prvide all services related t cmpletin f the Prject as mre particularly described belw and in Exhibit A. 1.3 Cnsultant s Cmpensatin. District will pay Cnsultant as prvided in Exhibit B. ARTICLE 2 Relatinship f the Parties 2.1 Cnsultant will prvide the Services fr the Prject in accrdance with the terms and cnditins f this Agreement. Cnsultant's perfrmance f Services will be as a prfessinal cnsultant t District t carry ut the Prject and t prvide the technical dcuments and supervisin t achieve District's Prject bjectives. PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 1 f

27 2.2 In administering this Agreement, District may retain the services f an independent prject manager and ther cnsultants as needed t fulfill District s bjectives. 2.3 Cnsultant will prvide a list f all sub-cnsultants which Cnsultant intends t utilize n the Prject (the Sub-cnsultants ). This list will include such infrmatin n the qualificatins f the Subcnsultants as may be requested by District. District reserves the right t review the Sub-cnsultants prpsed. Cnsultant will nt retain a Sub-cnsultant t which District has a reasnable bjectin. 2.4 This Agreement was awarded n the basis f the unique backgrund and abilities f the key persnnel f Cnsultant and Sub-cnsultants identified by Cnsultant (cllectively, the Key Staff and individually, the Key Staff Persn ) in its prpsal. Cnsultant will make available the Key Persnnel identified in its prpsal fr the Prject. If requested, Cnsultant will prvide t District a list f the prpsed Key Persnnel t be assigned t the Prject. The list will include infrmatin n the prfessinal backgrund f each Key Persn. If any Key Persn becmes unavailable t Cnsultant, the Parties will mutually agree upn an apprpriate replacement. Withut prir ntice t, and the written cnsent f District, Cnsultant will nt: (i) re-assign r transfer any Key Persn t ther duties r psitins s that the Key Persn is unable t fully perfrm his r her respnsibilities under the Agreement; (ii) allw any Key Persn t delegate t anyne his r her perfrmance f any management authrity r ther respnsibility required under the Agreement; r (iii) substitute any Key Persn. District s cnsent will nt be unreasnably withheld. Cnsultant will remve any individual r Subcnsultant frm the Prject t which District has a reasnable bjectin and Cnsultant will have a reasnable time perid within which t find a suitable replacement. 2.5 Additinal Services may be prvided after executin f this Agreement, withut invalidating this Agreement. Except fr services required due t the fault f Cnsultant, additinal Services will entitle Cnsultant t additinal cmpensatin n cnditin that the Cnsultant first have received written authrizatin frm District describing the scpe f additinal Services and the amunt f additinal cmpensatin t be paid fr the additinal Services. In any case in which Cnsultant perfrms additinal Services withut first receiving written authrizatin frm the District and withut an express agreement n the ttal cmpensatin t be paid fr the additinal Services r the methd frm which the ttal amunt f cmpensatin is t be determined, Cnsultant will nt be entitled t cmpensatin fr such services. ARTICLE 3 Cnsultant s Respnsibilities 3.1 The Cnsultant will prvide all prfessinal services custmarily furnished and reasnably necessary within the Scpe f Services set ut at Exhibit A, attached. Time is f the essence fr this Agreement. The District and the Cnsultant will develp a prject schedule cnsistent with requirements f the Scpe f Services and the Cnsultant will cmplete each phase f the services in accrdance with the Schedule.. The Cnsultant will cntract directly with and will pay such Subcnsultants. 3.2 The Cnsultant will pay all ryalties and license fees which may be due by reasn f materials r methds emplyed by the Cnsultant r its subcnsultants r by reasn f the necessary inclusin f prtected materials r methds in the Prject except t the extent such materials r methds are included with the infrmed cnsent r at the directin f the District. The Cnsultant will defend all suits r claims fr infringement f patent, trademark, r cpyright fr which the Cnsultant is respnsible pursuant t this paragraph, which may be brught against the District and the Cnsultant will be liable t the District fr all lsses arising therefrm, including csts, expenses, and attrney fees. PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 2 f

28 3.3 The Cnsultant will nt be relieved f respnsibility fr errrs r missins r ther defects in any ther dcuments prepared by the Cnsultant fr the District s review and apprval. 3.4 The Cnsultant will keep any real prperty invlved in the prject free frm all liens by reasn f its services and will defend, indemnify and hld harmless the District frm the peratin and effect f any such lien r encumbrance that may be claimed by any persn by reasn f the Cnsultant s services. If the Cnsultant fails t remve any lien r adjust any ther claim relating t the Cnsultant s services, by bnding r therwise, the District may, withut recurse by the Cnsultant, pay the lien r claim and charge such payments, with csts incurred, t the Cnsultant. 3.5 All services prvided by the Cnsultant will be perfrmed in a prmpt manner and will be in accrdance with the prfessinal standards f care and diligence applicable t such services perfrmed by recgnized Cnsultants in the lcale and n the type f prject cntemplated at the time such services are perfrmed. The Cnsultant will be respnsible fr all services prvided whether such services are prvided directly by the Cnsultant r by subcnsultants engaged by the Cnsultant. The Cnsultant will make all decisins called fr prmptly and withut unreasnable delay. 3.6 Cnsultant s Insurance. Cnsultant will prcure and maintain fr the duratin f this Agreement, r such lnger time as may be prvided, insurance against claims fr injuries t persns r damages t prperty that may arise frm r in cnnectin with the perfrmance f services by Cnsultant, its agents, representatives, emplyees and subcnsultants as set frth belw, except t the extent different cverage r limits requirements are specifically set ut in the Agreement. The insurance cmpanies will be first-class insurers and underwriters with an A.M. Best s financial strength rating f A- r better and financial size categry f X r better, and the insurance cmpanies therwise will be reasnably acceptable t the District and will prvide the District with thirty (30) days ntice f material change, expiratin, r cancellatin. The Cnsultant s insurance will be primary and any insurance carried by the District will be excess and nncntributing. The Cnsultant will furnish the District with Certificates f Insurance evidencing cverage and prvisins as required..1 Wrkers Cmpensatin Insurance: statutry limits..2 Emplyer s Liability Insurance: subject t a waiver f subrgatin in favr f the District, with limits f liability f nt less than $1,000,000 per accident, $1,000,000 disease each emplyee and $1,000,000 disease plicy limit..3 Cmmercial General Liability Insurance: applicable t all premises and peratins, including Bdily Injury, Prperty Damage, Persnal Injury, Blanket Cntractual Liability, with limits f liability f nt less than $2,000,000 per ccurrence, $4,000,000 aggregate. The general liability cverage will name the District as additinal insureds and will cntain a severability f interest clause..4 Business Autmbile Liability Insurance: applicable t any autmbile assigned t r used in the perfrmance f the services, whether wned, hired r nn-wned, with a limit f liability f nt less than $1,000,000 cmbined single limit per accident..5 Prfessinal Liability Insurance: with per-claim and aggregate limits f at least $2,000,000 and a retractive date n later than the effective date f this Agreement. Cnsultant will maintain such insurance fr a perid f three (3) years after cmpletin f the Prject cnstructin. Cnsultant will require each sub-cnsultant engaged r emplyed by Cnsultant t be similarly insured with reasnably prudent limits and cverages in light f the services t be rendered. 3.7 The Cnsultant will perfrm nly the services authrized. Additinal services will be cmpensated nly as authrized in writing by the District. T the extent additinal services are made necessary by PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 3 f

29 any fault r errr f Cnsultant in the perfrmance f the Cnsultant s duties, respnsibilities, nr bligatins, the services will nt be cmpensated. 3.8 District s review r acceptance f dcuments will nt be deemed as apprval f the adequacy f the drawings, specificatins, deliverables and ther dcuments and such review r acceptance by District will nt relieve Cnsultant f respnsibility fr their prductin. 3.9 Cnsultant represents and warrants the fllwing:.1 Cnsultant has the authrity t enter int and perfrm this Agreement; the persns executing this Agreement n behalf f Cnsultant have the actual authrity t bind Cnsultant t the terms f this Agreement;.2 Cnsultant will, at all times during the term f this Agreement, be prperly licensed t perfrm the Services;.3 Cnsultant is an experienced firm having the skill, legal capacity, and prfessinal ability necessary t perfrm all the Services required under this Agreement and t design and administer a prject having the scpe and cmplexity f the Prject;.4 Cnsultant has the capabilities and resurces necessary t perfrm Cnsultant's bligatins under this Agreement;.5 Cnsultant is, r will becme, in a manner cnsistent with the Standard f Care, familiar with all current laws, rules, and regulatins which are applicable t the design and cnstructin f the Prject; and.6 The warranties set frth in this sectin are in additin t, and nt in lieu f, any ther warranties prvided in this Agreement r at law The Cnsultant will prvide prfessinal services fr the District during all phases f the Prject t which this Agreement applies, serve as the District s prfessinal representative fr the Prject as set frth belw, and will give prfessinal cnsultatin t the District during the perfrmance f services hereunder Cnsultant will prvide the District with a W-9. ARTICLE 4 The District s Respnsibilities 4.1 The District will furnish the Cnsultant with infrmatin regarding requirements fr the prject, including prgrams setting frth the District s bjectives, schedules, cnstraints and criteria. 4.2 District will furnish t Cnsultant any reprts regarding the site cnditins r ther relevant infrmatin, including surveys, structural, mechanical, chemical and ther labratry tests, inspectins and reprts that are in the District s pssessin. 4.3 District will be respnsible fr payment f plan check fees, review fees, permit fees, taxes, develpment charges, r any ther csts related t btaining gverning bdies' apprval fr cnstructin f the Prject. 4.4 Unless therwise prvided in this Agreement, District will prvide infrmatin requested by Cnsultant in writing in a timely manner regarding the requirements and limitatins fr the Prject, which includes infrmatin regarding District s bjectives, schedule, and criteria. PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 4 f

30 4.5 The District will designate a representative fully knwledgeable abut the prject and with the authrity t review and apprve all prject wrk. 4.6 District, at District s sle ptin, may retain an inspectr t inspect the Prject in rder t prtect District's interests. The csts f the inspectr are t be paid by District. When retained by District, the inspectr s duties are nt t be interpreted as cnflicting with the duties f Cnsultant r relieving Cnsultant f any respnsibility r duty incurred under this Agreement, nr may the inspectr act as Cnsultant's agent. 4.7 The District will render its wn decisins in a timely manner in rder t avid unreasnable delay in the rderly and sequential prgress f the Cnsultant s services. ARTICLE 5 General Prvisins f the Agreement 5.1 Perfrmance f Services. Cnsultant will at all times perfrm these services diligently and withut delay and will punctually fulfill all Agreement requirements cnsistent with the schedule fr the perfrmance f services. Expiratin r terminatin f the Agreement will nt extinguish, prejudice, r limit either party's right t enfrce this Agreement with respect t any default r defect in perfrmance. Time is f the essence in the perfrmance f this Agreement. 5.2 Instruments f Service..1 Drawings, specificatins and ther dcuments, including thse in electrnic frm, prepared by the Cnsultant and the Cnsultant's cnsultants are Instruments f Service intended and authrized fr particular uses with respect t this Prject and are nt intended r represented t be suitable fr any ther purpse r fr any ther prject..2 The Cnsultant and the District warrant that in transmitting Instruments f Service, r any ther infrmatin, the transmitting party is the cpyright wner f such infrmatin r has permissin frm the cpyright wner t transmit such infrmatin fr its use n the Prject. If the District and Cnsultant intend t transmit Instruments f Service r any ther infrmatin r dcumentatin in digital frm, they shall endeavr t establish necessary prtcls gverning such transmissins..3 The Cnsultant and the Cnsultant's cnsultants shall retain cmmn law, statutry and ther reserved rights in their riginal wrk, including cpyrights, except that the Cnsultant grants t the District a nnexclusive license t reprduce the Cnsultant's Instruments f Service fr purpses f cnstructing, using and maintaining the Prject. The Cnsultant shall btain similar nnexclusive licenses frm the Cnsultant's cnsultants cnsistent with this Agreement..4 All design dcumentatin fr all phases f the Prject, including, withut limitatin, the Drawings, Specificatins, and all BIM infrmatin, and ther Instruments f Service prvided t the District shall be deemed the prperty f the District wh may use them withut the Cnsultant s further permissin fr any lawful purpse. The District may assign, delegate, sublicense, pledge r therwise transfer its rights in the design dcumentatin within its sle discretin..5 Any unauthrized use f the Instruments f Service fr any purpse ther than the Prject shall be at the District's sle risk and withut liability t the Cnsultant r the Cnsultant's cnsultants. 5.3 Cnfidentiality PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 5 f

31 .1 The Cnsultant warrants and represents that the Cnsultant and its subcnsultants shall nt knwingly r negligently cmmunicate r disclse at any time t any persn r entity any infrmatin in cnnectin with its Services r the Prject except (i) with prir written cnsent f the District, (ii) infrmatin that was / is in the public dmain, (iii) infrmatin that becmes part f the public dmain by publicatin r therwise nt due t any unauthrized act r missin f the Cnsultant r its subcnsultants, r (iv) as may be required t perfrm Services r by any applicable law..2 The Cnsultant at any time upn the request f the District shall immediately return and surrender t the District all cpies f any materials, recrds, ntices, memranda, recrdings, drawings, specificatins, and mck-ups and any ther dcuments furnished by the District t Cnsultant. The Cnsultant and its subcnsultants are entitled t each retain ne cpy f the dcuments..3 The representatins and warranties cntained in this paragraph shall survive the cmplete perfrmance f Cnsultant s and its subcnsultants Services r earlier terminatin f the Agreement. 5.4 Access t Recrds. Fr nt less than three (3) years after the Agreement s expiratin r terminatin, District will have access t the bks, dcuments, papers, and recrds f Cnsultant and the Sub-cnsultants which pertain t the Agreement fr the purpse f making audits, examinatin, excerpts, and transcripts. If, fr any reasn, any part f this Agreement, any Prject-related cnsultant cntract r any Prject-related cnstructin cntract(s) is invlved in litigatin, Cnsultant will retain all pertinent recrds fr nt less than three (3) years r until all litigatin is reslved, whichever is lnger. Cnsultant will prvide District and the ther entities referenced abve with full access t these recrds in preparatin fr and during litigatin. 5.5 Indemnity..1 Claims fr ther than Prfessinal Liability. Cnsultant will indemnify, defend, and hld harmless the District, and its fficers, agents, and emplyees, fr, frm and against all claims, suits, actins, lsses, damages, liabilities, csts and expenses f whatsever nature t the extent such claims, suits, actins, lsses, damages, liabilities, csts and expenses arise ut f the fault f Cnsultant r its Sub-cnsultants, subcntractrs, agents, r emplyees under this Agreement..2 Claims fr Prfessinal Liability. Cnsultant will indemnify, defend, and hld harmless the District, and its fficers, agents, and emplyees, fr, frm and against all claims, suits, actins, lsses, damages, liabilities, csts and expenses f whatsever nature t the extent such claims, suits, actins, lsses, damages, liabilities, csts and expenses arise ut f the prfessinal negligence f Cnsultant r its Sub-cnsultants, subcntractrs, agents, r emplyees..3 District Defense Requirements. Ntwithstanding the bligatins under Sectins and 5.5.2, District may, at any time and at its electin, assume its wn defense and settlement f any claims in the event that: it determines that Cnsultant is nt adequately defending District r District believes it is in the District s best interests t d s. District reserves all rights t pursue any claims it may have against Cnsultant if District elects t assume its wn defense..4 District's Actins. This Sectin 5.5 des nt include indemnificatin by Cnsultant f the District r its fficers, agents, and emplyees, fr the negligent acts r missins f District r its fficers, agents, and emplyees, whether within the scpe f the Agreement r therwise. 5.6 Cnsultant s Status. PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 6 f

32 .1 Cnsultant will perfrm all Services as an independent cntractr. Althugh District reserves the right t set the delivery schedule fr the Services t be perfrmed and t evaluate the quality f the cmpleted perfrmance, District cannt and will nt cntrl the means and manner f Cnsultant s perfrmance. Cnsultant is respnsible fr determining the apprpriate means and manner f perfrming the Services. Cnsultant, Cnsultant s emplyees and the Sub-cnsultants are nt fficers, emplyees, r agents f District, as thse terms are used in ORS Cnsultant will nt have cntrl r charge f, and will nt be respnsible fr, the acts r missins f ther cnsultants r cntractrs under cntract with District wh are perfrming services r cnstructin wrk n the Prject. Hwever, this prvisin des nt in any way change Cnsultant s prfessinal respnsibility t reprt t District any infrmatin, including infrmatin n the perfrmance f cnsultants r cntractrs utside the cntrl r charge f Cnsultant, cncerning activities r cnditins that have r culd have an adverse effect n District r the Prject..3 If any payment under this Agreement is t be charged against federal funds, Cnsultant certifies that it is nt currently emplyed by the federal gvernment. 5.7 Successrs & Assigns. The prvisins f this Agreement will be binding upn and will inure t the benefit f the Parties and their respective successrs and assigns. After the riginal Agreement is executed, Cnsultant will nt enter int any Sub-cnsultant agreements fr any f the Services r assign r transfer any f its interest in this Agreement, withut the prir written cnsent f District, and District s cnsent will nt be unreasnably withheld. 5.8 Cmpliance with Applicable Law. Cnsultant will cmply with all federal, state and lcal laws, regulatins, executive rders and rdinances applicable t the Services. District's perfrmance under this Agreement is cnditined upn Cnsultant's cmpliance with the prvisins f ORS 279B.005 t 279B.025 and f ORS 279C.505, 279C.515, 279C.520, and 279C.530, which are hereby incrprated by reference. Cnsultant, the Sub-cnsultants, if any, and all emplyers prviding Services, labr r materials under this Agreement are subject emplyers under the Oregn wrkers' cmpensatin law and will cmply with ORS Gverning Law; Jurisdictin; Venue. This Agreement and all services perfrmed hereunder will be interpreted under the laws f the State f Oregn and the exclusive venue fr any lawsuit r actin will be in Deschutes Cunty, Oregn Mediatin: The Cnsultant and the District agree that any dispute that may arise under this Agreement will be submitted t a mediatr agreed t by bth parties as sn as such dispute arises, but in any event prir t the cmmencement f litigatin r arbitratin. Such mediatin will ccur at Bend, Deschutes Cunty, Oregn, and the mediatr s fees and expenses will be shared equally by the parties wh agree t exercise their best effrts in gd faith t settle all disputes Arbitratin. The Cnsultant and District agree t submit all cmplaints, disputes and cntrversies that may arise ut f r in cnnectin with this Agreement r services prvided, and which are nt reslved thrugh mediatin, t binding arbitratin under the laws f the State f Oregn, and in accrdance with the Cnstructin Industry Arbitratin Rules f the Prtland Arbitratin Assciatin in effect at the time. Ntwithstanding any rule t the cntrary, either party will have the ptin t initiate arbitratin accrding t the Arbitratin Service f Prtland in effect at the time. The decisin f the arbitratr(s) will be final and binding upn bth parties. PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 7 f

33 5.12 Attrney Fees. In the event suit r actin is instituted t enfrce any prvisin f this Agreement, the prevailing party will be entitled t recver its cst and disbursements tgether with reasnable attrney s fees t be fixed by the arbitratr r curt at trail r n appeal Severability. The Parties agree that if any term r prvisin f this Agreement is declared by a curt f cmpetent jurisdictin t be illegal r in cnflict with any law, the validity f the remaining terms and prvisins will nt be affected and the rights and bligatins f the Parties will be cnstrued and enfrced as if the Agreement did nt cntain the particular term r prvisin held t be invalid Frce Majeure. Neither party will be respnsible fr delay r default in the perfrmance f its bligatins due t a cause beynd its reasnable cntrl, including, but nt limited t fire, rit, acts f Gd, terrrist acts r war where such cause was beynd such party's reasnable cntrl. Each party will, hwever, make all reasnable effrts t remve r eliminate such a cause f delay r default and will, upn the cessatin f the cause, diligently pursue perfrmance f its bligatins under the Agreement Waiver. The failure f District t enfrce any prvisin f this Agreement will nt cnstitute a waiver by District f that r any ther prvisin Third Party Beneficiaries. Nthing cntained in this Agreement will create a cntractual relatinship with r a cause f actin in favr f a third party against District r Cnsultant. Cnsultant's Services under this Agreement will be perfrmed slely fr District's benefit and n ther entity r persn will have any claim against Cnsultant because f this Agreement fr the perfrmance r nnperfrmance f Services hereunder Article Headings: All article headings are inserted fr cnvenience nly and will nt affect any cnstructin r interpretatin f this Agreement Terminatin..1 The District may terminate this Cntract effective upn delivery f written ntice t Cnsultant, r at such later date as may be established by District, under any f the fllwing cnditins: a) If District s funding frm federal, state, lcal, r ther surces is nt btained and cntinued at level sufficient t allw fr the purchase f the indicated quantity f services. This Cntract may be mdified t accmmdate a reductin in funds. b) If Federal r State regulatins r guidelines are mdified, changed, r interpreted in such a way that the services are n lnger allwable r apprpriate fr purchase under this Cntract. c) If any license r certificate required by law r regulatin t be held by Cnsultant, its cntractrs, agents, and emplyees t prvide the services required by this Cntract is fr any reasn denied, revked, r nt renewed. d) If Cnsultant becmes inslvent, if vluntary r invluntary petitin in bankruptcy is filed by r against Cnsultant, if a receiver r trustee is appinted fr Cnsultant, r if there is an PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 8 f

34 assignment fr the benefit r creditrs f Cnsultant. Any terminatin under this subsectin shall be withut prejudice t any bligatins r liabilities f either party already accrued prir t such terminatin..2 By written ntice t Cnsultant f default, District may terminate the whle r any part f this Cntract: a) If Cnsultant fails t prvide services called fr by this agreement within the time specified herein r any extensin theref, r b) If Cnsultant fails t perfrm any f the ther prvisins f this Cntract, r s fails t pursue the wrk as t endanger perfrmance f this agreement in accrdance with its terms, after receipt f written ntice f default frm District. c) The rights and remedies f District prvided in this subsectin are nt exclusive and are in additin t any ther rights and remedies prvided by law r under this Cntract..3 Cnsultant may terminate this Cntract with thirty (30) days written ntice t District if District fails t timely pay Cnsultant, r if the prject is abandned r delayed fr any reasn beynd Cnsultant s cntrl. In the event f terminatin by Cnsultant, Cnsultant shall be entitled t cmpensatin fr services prvided up t and including the effective date f terminatin, plus terminatin expenses reasnably incurred by Cnsultant in winding dwn the prject. SIGNATURE CONSULTANT DISTRICT Cnsultant Firm Name Bend Park and Recreatin District Signature Print Name Signature Print Name By/Title By/Title Date Date PROFESSIONAL SERVICES AGREEMENT - LARKSPUR CENTER (2016) 9 f

35 ATTACHMENT A Scpe f Wrk [Attach final negtiated Cnsultants scpe f wrk here as Attachment A] ATTACHMENT A (SCOPE OF WORK)

36 ATTACHMENT B Scpe f Wrk [Attach final negtiated Cnsultants fee schedule here as Attachment B] ATTACHMENT B (FEE SCHEDULE)

37 Attachment C DRAFT Scpe and Fee Schedule (example) REQUEST FOR PROPOSAL (RFP) Page 1 f 1