1-01 - On-Call Construction Qualilty Assurance Services 26-3251 - RFP.pdf

Request for Proposals

On-Call Construction Quality Assurance & Specialty Inspection Services Solicitation Number: 26-3251

Proposal Due: May 14, 2026, 03:00 p.m.

City of Bend 710 NW Wall Street, 2nd Floor

Bend, Oregon 97703 Attention: Chase Knight, Senior Procurement Analyst

CITY OF BEND

REQUEST FOR PROPOSALS

Introduction

The City of Bend (City) requests proposals for Quality Assurance and Specialty Inspection Services for Capital Improvement Program (CIP) (Construction) Projects on an as needed basis. The City may award up to two contracts depending on business needs. Currently, construction contractors executing CIP projects for the City provide construction quality control services. The City’s CIP projects operate under the Oregon Department of Transportation (ODOT) Standards and Specifications for Construction, which requires the verification of the contractor’s test results of field-tested materials, known as quality assurance. The City requires a qualified consultant who can provide quality assurance services according to each project’s specifications. The intent of the resulting contract is to have the selected consultant available for all CIP projects that the City is executing. In accordance with ORS 279C.307, and as set forth in further detail in Exhibit C, the consultant cannot perform quality assurance on the same project that the consultant already performed the quality control testing (or any other work) unless authorized by the City in writing prior to commencing work. Detailed information regarding the services to be provided can be found in Exhibit A - Scope of Work.

The City intends to enter into a Price Agreement with the selected consultant and request services through task orders. The amount of each task order may be negotiated and will be based on the scope of services provided but will not exceed $250,000. Total contract price is anticipated not to exceed $400,000. Due to the on-call nature of this work there is no guarantee of work. The City reserves the right to separately procure quality assurance services for specific projects. Detailed information regarding task order process and contracts can be found in Exhibit C – task order Process.

Issuing Officer

The Senior Procurement Analyst identified below is the issuing officer for this Request for Proposal (RFP) and the point of contact for the City for all process and contract questions as well as protests.

City of Bend Chase Knight 710 NW Wall Street, 2nd Floor Bend, Oregon 97703

Phone: 541-388-5503 E-mail: cknight@bendoregon.gov mailto:cknight@bendoregon.gov

Submission for questions

Any questions including technical questions must be directed to the Issuing Officer and are encouraged to be submitted via the Portal by clicking on the Messages, Vendor Discussions tab of the desired solicitation. The City’s written response to Questions and/or Requests for Clarification will be posted on the Portal. City must receive requests for changes, in writing, a minimum of ten working days prior to the deadline for submitting a Proposal. Responses to questions received less than five business days prior to the deadline for submitting Proposals will be at the discretion of the City. Please contact the Issuing Officer for accessibility options.

Submission Date and Location

The deadline for submitting Proposals is May 14, 2026, at 03:00 p.m. One (1) copy shall be submitted in electronic form through the City of Bend eProcurement Portal (Portal). The City’s Portal can be found at (https://bendoregon.bonfirehub.com). If technical assistance is needed, please contact

Euna at 1-844-226-3862 (EUNA), email support.bonfire@eunasolutions.com or visit Euna’s help forum at (https://customer.eunasolutions.com/public/s/). Proposals received after the specified date and time will not be given further consideration. Proposers are encouraged to allow extra time to ensure proposals are uploaded by the deadline as this can be impacted by Proposer’s bandwidth speed. Please reference the section Submission for questions for additional questions.

Proposals will be received online as instructed on the City Portal. Proposals may also be submitted to the City, via mail, or in person, by contacting the Issuing Officer no later than two (2) business days prior to Proposal due date to make arrangements ahead of time for an in-person submission.

Hard copies will not be accepted unless the Proposer has made arrangements ahead of time. If a hard copy of the Proposal is submitted without prior coordination with the Issuing Officer, the

Proposal will be returned (unopened) to the Proposer without consideration. No faxed or emailed submissions will be accepted.

Obtaining Solicitation Documents and Addenda

The solicitation documents are available for download on the Portal

(https://bendoregon.bonfirehub.com). In order to download and respond to posted solicitations, Proposers will need to register as a vendor by visiting: (https://bendoregon.bonfirehub.com). Once registered, follow the instructions to download the documents:

1) Log in to the Portal.

2) Under “Action” column of “Open Public Opportunities” page, click on “View Opportunity” next to Project.

3) Scroll down to “Supporting Documentation” section to download documents.

Only documents issued as Addenda by the City of Bend serve to change the RFP in any way. No other direction received by the Proposer, written or verbal, serves to change the RFP document. Note: If you intend to submit a Proposal, the Proposer should consult the Portal to assure that you have not missed any Addenda announcements.

https://bendoregon.bonfirehub.com/ mailto:support.bonfire@eunasolutions.com https://customer.eunasolutions.com/public/s/ https://bendoregon.bonfirehub.com/

Requests for Explanation or Clarification

Proposers shall promptly notify the City of any ambiguity, inconsistency, or error which they may discover upon examination of the Request for Proposal documents via the Portal. Any request for an explanation regarding the meaning or interpretation of requirements, contract document or other documents must be in writing via the Portal, with sufficient time for the City to reply before proposal due date. The City may choose not to provide an explanation. Explanations shall be made in the form of addenda and shall be furnished to persons who have registered as detailed above.

Oral explanations and comments shall not be binding.

Requests for Change of Requirements or Agreement Terms

Proposers shall promptly notify the City of any ambiguity, inconsistency, or error which they may discover upon examination of the Request for Proposal documents. Any request for an explanation regarding the meaning or interpretation of requirements, contract document or other documents must be in writing, with sufficient time for the City to reply before proposal due date. The City may choose not to provide an explanation. Explanations shall be made in the form of addenda and shall be furnished to persons who have registered as detailed above. Oral explanations and comments shall not be binding.

Any Proposer that believes a requirement or contract term is unnecessarily restrictive or limits competition may submit a protest setting out the language for which change is sought and indicating the document title, page and, Section of Subsection where the language is located. Please see Exhibit D - Price Agreement. To be considered, the protest must include a detailed statement of the legal and factual grounds for the protest, a description of the resulting prejudice to the Proposer if the protest is not granted, and the proposed change. A Proposer who fails to submit a protest relating to contract terms at least 7 days before due date may not request different contract terms if awarded the contract.

Protests

Protest regarding this solicitation must be submitted not less than 7 calendar days prior to closing, except that protests of an addendum are due 5 calendar days after the issuance of the addendum.

A request for a change to any portion of this Request for Proposals is considered a protest.

Protests of Notice of Intent to Award or the final Award must be in writing and made within 7 calendar days of the issuance of each respective notification. If a Proposer does not protest the Notice of Intent to Award, they will not be able to protest the Award. Protests shall be delivered to City of Bend, Procurement and Public Contracts Manager, 710 NW Wall Street, Bend, Oregon 97703.

Protest procedures are set forth in Oregon Administrative Rules (OAR) 137-048-0240. Protests shall be handled in accordance with applicable laws and rules.

Modification / Withdrawal

A Proposer may withdraw its Proposal, without prejudice, electronically through the Portal at (https://bendoregon.bonfirehub.com) prior to the Proposal closing date and time. The withdrawal of a Proposal does not prejudice the right of a Proposer to submit another Proposal within the time set for receipt of Proposals.

Responsiveness, Rejection/Cancellation

The City may, at its discretion, reject any Proposal that does not substantially comply with the requirements set forth in the RFP. The City may reject any Proposal not in compliance with all prescribed public proposal procedures and requirements, and may reject for good cause any or all Proposals or cancel the RFP at any time before execution of the contract by both parties if rejection or cancelation is deemed to be in the public interest as determined by the City.

If a Proposal is entirely or predominately labeled as “Proprietary”, the Proposal may in the sole discretion of the City, be deemed non-responsive. Unless the City, in its discretion, determines that a submitted Proposal is not in substantial compliance with RFP requirements, unintentionally incomplete, qualified, or omitted responses to Proposal sections will be dealt with as a matter of Proposal scoring as opposed to responsiveness.

The City may waive minor informalities and irregularities.

Organizational Conflicts of Interest

The City's procurement processes, consistent with state and federal law, require full and open competition. To prevent firms from obtaining an unfair competitive advantage, the City, as set forth in the Public Contracts Conflict of Interest Policy (Administrative Policy No. FIN-0102), generally prohibits any firm that has previously performed services on behalf of the City for a particular project from proposing, bidding, or participating in the preparation of a proposal or bid, on another solicitation for that same project. This prohibition applies to projects with an estimated value exceeding $250,000. The City may determine, in its sole discretion, that despite a firm's prior work on a project, the firm is nonetheless eligible to propose or bid on a subsequent solicitation on that same project. The circumstances relevant to the City's determination are set forth in the Public Contracts Conflict of Interest Policy. If a firm is prohibited from proposing or bidding on a subsequent solicitation pursuant to the Public Contracts Conflict of Interest Policy, that firm is not "legally qualified to contract with the" City on that particular project. See ORS 279B.110(2)(d) (setting forth responsibility criteria); ORS 279C.375(3)(c) (same); OAR 137-047-0640(1)(c)(F)(iv) (same); OAR 137-049-0390(2)(d) (same).

Duration of Proposals

Proposals must remain valid for at least 90 days. Proposals must be signed by an official authorized to bind the proposer.

Limitations on Future Work

Any firm providing services as part of the selected Consulting contract shall be precluded from providing construction services for the same Project.

https://www.bendoregon.gov/home/showpublisheddocument/64520/638997627607030000

Public Record and Property of the City

With the exception of Proposals that are withdrawn prior to the Proposal due date or Proposals submitted past the Proposal due date, all information submitted by a Proposer in response to this RFP shall become the property of the City and will not be returned to the Proposer. All copies of properly-withdrawn or late Proposals will be returned to the Proposer unopened.

All documents received by the City are subject to public disclosure after the City selects a consultant.

Information deemed by the Proposer as exempt under Oregon’s public records law should be clearly marked by the proposer as “Proprietary”. Marked pages should be placed in a group separate from the remainder of the proposal. The City will make an independent determination regarding exemptions applicable to information that has been properly marked and segregated. The City will attempt to maintain the confidentiality of materials clearly marked “Proprietary” to the extent allowable under Oregon public records law.

Incurring Costs

The City of Bend is not liable for any cost incurred by Proposers prior to issuance of a contract.

Proposers responding to this RFP do so at their own expense and the City will not reimburse any expense incurred by Proposers or any other party in the preparation or submission of a response to this RFP.

Business Inclusion and Diversity

Minority, Women Owned, Emerging Small and Veteran Owned businesses are encouraged to submit a proposal. Proposers are encouraged to involve participation of small, minority, women and veteran owned business enterprises. A Directory is available from the Certification Office for Business Inclusion and Diversity (COBID) web site at: http://www.oregon4biz.com/How-We-Can- Help/COBID/ , or by telephone, 503-986-0078.

Negotiations and Agreement

The City reserves the right to negotiate a final Agreement that is in the best interest of the City. At completion of the evaluation process, the City will notify Proposers of its intent to award a contract.

The City will attempt to reach final agreement, including a detailed scope, project schedule and fee schedule with the highest scoring Proposer. If it appears agreement cannot be reached, the City, in its sole discretion, may terminate negotiations and reject the Proposal. The City may then attempt to reach a final agreement with the second highest scoring Proposer. The negotiation process may continue in this manner through successive Proposers until an agreement is reached or the City terminates the contracting process.

Selection Process

The City reserves the right to select a consultant on the basis of the proposals or to conduct interviews with the highest qualified proposers following evaluation and scoring of the proposals, whichever is determined to best serve the needs of the City. The City reserves the right to seek http://www.oregon4biz.com/How-We-Can-Help/COBID/ http://www.oregon4biz.com/How-We-Can-Help/COBID/ clarifications of any or all proposals. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the Proposer from further consideration.

The City may request additional information or make such independent investigations that, in the City’s sole discretion, it deems necessary or advisable to determine the responsiveness and responsibility of any Proposer. The City may obtain information from any legal source for clarification of any Proposal or for information regarding any Proposer. The City reserves the right to research and investigate references, including customers other than those listed in the Proposer’s submission.

Proposal Evaluation Criteria and Scoring

The evaluation will be based on the technical and administrative capabilities in relation to the needs of the project/task. The criteria listed below will be used to evaluate the proposers. If interviews are conducted, there will be an additional 200 points available.

• Project Understanding and Approach Max. Points: 500 Score _____

Evaluate the consultant’s project understanding and approach to accomplish the objectives and tasks set forth in the Statement of Work. Consider methodologies proposed to accomplish the work, including the types of information or data required.

• Project Team Max. Points: 200 Score _____

Evaluate the proposed team’s qualifications, experience, skills, availability and commitment to perform the work. Were proposed team members actively involved in many of the referenced projects? Consider firms senior level staff experience levels as this would relate to support staff assigned to the project. Consider identified staff and the role and specialty skills are consistent with the project needs.

• Firm Experience and Quality of Service Max. Points: 300 Score_____

Evaluate the firms overall experience and availability to perform the work. Consider firm’s access and experience to equipment, lab facilities and other related resources. Evaluate the firm’s recent projects experience, specifically for this type of work, technologies, level of complexity, and comparable size with the proposed project. Consider the quality of the completed projects and the quality of service the firm provided on previous projects for the City of Bend.

• Interview Score _____

If an interview is held, the City will recalculate the entire proposal and add points for interview performance (200 points available, if held).

TOTAL SCORE __________

Proposal Contents

Proposals are to include, but not necessarily be limited to, the content listed below. The volume, or size of the proposal, should be consistent with the relative size of the project. Concise proposals without needless duplication are encouraged.

1. Letter of transmittal. Include an introductory letter expressing interest in the project. The letter should include full name of firm, RFP contract person, email address, mailing address, and telephone number. The letter must be signed by person authorized to bind the firm.

2. Project Understanding and Approach

Provide a statement of project understanding, including project objectives, issues to be addressed and potential complications or conflicts. Demonstrate understanding of ODOT 2021 Standards and Specifications for Construction, the current Manual for Field Test Procedures, and the Engineers Joint Contract Document Committee Standards and Specifications. Demonstrate ability to provide services and technical experience for Water, Stormwater, Transportation, and Sewer Infrastructure projects.

Describe the proposed approach, solution concepts, and methodologies to performing the work to accomplish the project objectives and tasks listed in the scope of work. Describe how the approach will benefit the City and the implementation of this project.

Include an example of a complete project-testing schedule along with a discussion of scheduling considerations. Project schedule shall identify expectations of City involvement and review.

3. Project Team. List the experience and qualifications of staff who will be working on the project. Describe the applicable skills and accomplishments of the project manager. Confirm availability and commitment of named key staff to the project. If the project manager is not local, identify any local contact and describe how project management, coordination and communications with the City will be accomplished. Do not include persons who will not be working on the project.

Include resumes at the back of the proposal which reflect education, registrations and experience of key staff.

4. Related Experience. Provide project descriptions for up to three recent projects similar in nature to the proposed project, including completion dates, measures that indicate quality and successful project completion, and a client reference name and phone number. Indicate the involvement of proposed key staff on those or similar projects. Identify project experience with the 2021 Oregon Standard Specifications for Construction. Identify experience with complete project submittals for review including plans, specifications, estimate, and schedule. Indicate the team’s familiarity with the local area.

Provide any background information on the size, capability and location of the firm that may be beneficial.

5. Statement of Assurances & Certifications. Upload a signed copy of the Statement of

Assurances & Certifications, Exhibit B as a separate document in the Portal. This document also includes addenda acknowledgement and additional company information.

6. Appendices

a. Resumes

Limitations:

• Sections 1-4 limited to a total of 15 pages of text, including the letter of transmittal.

• Section 5 no page limit. Include the Statement of Assurances & Certifications sheet plus any additional sheets needed for exceptions.

• Section 6 limited to a total of 4 pages.

• The limitation does not apply to covers or dividers unless they are used to convey project information. Any 11 X 17 pages will be counted as two pages. A two-sided page counts as two pages.

• Pages beyond these page limitations will not be evaluated.

• The Proposer shall number the pages in consecutive order.

• Proposal text shall be legible. Arial typeface is preferred but not required. Minimum font size of 11 point.

• The RFP name, Solicitation Number, and Proposer shall be shown on the cover of Proposals.

EXHIBIT A

STATEMENT OF WORK

Background The City of Bend’s Capital Improvement Program (CIP) includes the creation of Capital Improvement Projects (projects) to implement the construction and maintenance of storm water, transportation, water, and sewer infrastructure. It is essential for the City to establish and maintain long lasting, reliable, and safe infrastructure; therefore, the quality assurance program is a crucial element to verify construction integrity.

Each project is a unique infrastructure endeavor that has varying degrees of public impact during construction, specification requirements, materials needed, and construction techniques. Currently, most projects use the 2021 ODOT Standards and Specifications for Construction coupled with City Special Provisions. The City will use the current version of the ODOT Manual of Field Test Procedures (MFTP) for the quality assurance program. However, sections of the Engineers Joint Contract Documents Committee (EJCDC) contract documents have been used for select projects as well.

Qualified consultant must currently have access to an ODOT certified testing facility and personnel certified in testing procedures such as but not limited to ASTM material and environmental tests;

and all those required by the 2021 ODOT Standards and Specifications for Construction using the current MFTP.

Within the CIP, projects on occasion are of a nature that are governed by building code, structural code and alike that require Special Inspection services.

Project Objectives

The objective of this project is to contract a qualified company for on-call services for CIP projects regarding 1) construction material testing; 2) services that use industry expertise to provide recommendations and review of quality control plans or project specifications; 3) special inspections; 4) services that require material testing or technical review regarding quality control;

and 5) geotechnical engineering services.

Most construction material testing will be part of a quality assurance program found under the corresponding project Standards and Specifications. At times, City of Bend project managers may require assistance in the review of the construction contractor’s quality control programs or assistance in verifying standards and specifications in the design phase of a project. Additionally, some projects require special inspections based on the uniqueness of the project. Finally, this project also seeks any and all services that require material testing or technical review such as providing technical support geotechnical materials testing or the decommissioning of a City of Bend Underground Injection Control Facility.

Project Implementation

Project implementation shall include, but not be limited to, the following:

• Upon request, create a recommended quality assurance program scope for each project and submit for review.

o Provide recommended tests based on geotechnical data of the construction site and nature of construction o Follow construction contractor’s schedule for construction and testing o Provide fee estimate breakdown o Adhere to the project’s standards and specifications o Identify which certified technicians will be assigned to the project. The City reserves the right to verify any technician’s certifications, expertise, and/or overall conduct related to the specific needs of the project.

• Upon acceptance of scope of work for the quality assurance program: provide written reports complying with the ODOT MFTP or other format according to the specified quality assurance program.

• Be prepared to provide upon request:

o Technical services regarding material testing or environmental quality requirements associated with the pre-construction or post construction for select projects o Reviews and recommendations regarding a construction contractor’s quality control program o Special Inspections, only those of which the company’s personnel is certified to complete

Deliverables

The following suggested deliverables represent a baseline for the project quality assurance programs:

• Scope and Fee Estimate for each requested project quality assurance program

• Testing results in a format according to the corresponding project specifications

• Testing results distributed timely and to a group as identified by the Project Manager

• Daily Field Inspection Report

The following suggested deliverables represent a baseline for other technical services:

• Technical Memo with data results and/or project recommendations

It should be noted that the City of Bend strongly prefers deliverables formatted in the following software programs: PDF, Microsoft Word, and Microsoft Excel.

Schedule and Budget

The City intends to enter into a Price Agreement for an approximately three-year period from contract execution through June 30, 2029, with an option to renew for one two-year period if agreed to by all parties. Task orders will be issued for each individual CIP project, total fee estimates will be presented, and if necessary, negotiated at the time of services requested.

EXHIBIT B

STATEMENT OF ASSURANCES & CERTIFICATIONS

(See Portal)

EXHIBIT C

TASK ORDER PROCESS

The City of Bend does not make any guarantee that any particular amount of work will be assigned; however, any work performed through this contract will take the form of Task Orders issued by the City. The following process will be utilized to draft a particular Task Order:

1. A brief Task Order request will be provided by the City to the Consultant. All appropriate project and/or construction information will also be provided.

2. The Consultant will provide a scope of work, hourly estimates, and any fee estimates not outlined in the Compensation portion of the contract. The scope of work will reflect the technical services requested or QA testing materials requirements based on the corresponding CIP Standards and Specifications.

3. The City will review the scope of work and fee estimates; and if necessary, negotiate any changes to the proposed Task Order.

4. Upon final agreement of the scope of work and fee estimates, the City of Bend will issue a final Task Order and associated Purchase Order.

5. Any costs in preparation of a final scope, schedule, and fee proposal and any negotiations needed on a particular Task Order are the sole responsibility of the Consultant. Under no circumstances will the City be responsible for paying any compensation prior to Task Order Form or issuance of a Purchase Order, as well as the written Notice to Proceed (NTP).

6. If there is a potential conflict under ORS 279C.307 the City will cease negotiations on the subject Task Order request.

7. If the scope of work and fee estimates are not agreed upon the City will cease negotiations on the subject Task Order request.

*Note: A potential conflict arises under ORS 279C.307 when the Consultant is seeking to provide quality control services (or other monitoring, inspecting, compliance evaluation, or other oversight services) for a contract to which the Consultant or an affiliate of the Consultant was a party. Thus, a Consultant cannot perform quality control or quality assurance services for a contract in which the Consultant previously performed quality control, quality assurance, or any other services.

Limited Exceptions to the Task Order Process

The City establishes the following exceptions to the Task Order outlined above:

1. If a Task Order contract scope, schedule and fee cannot be agreed upon between the City and the Consultant, or if the Consultant is of a biased position as described above, the City reserves the right to formally terminate these negotiations and then issue a separate solicitation for the work.

2. All parties are advised that some of the services requested under this RFQ may not be required and that the City reserves the right to initiate a separate procurement action outside of this Master Price Agreement for any project.

EXHIBIT D – SAMPLE AGREEMENT

(See Portal)