20230516 RFP TAP Water System Improvements Scope 2 Final.pdf

REQUEST FOR PROPOSAL (RFP)

Professional Engineering Services for the Development of

Talent - Ashland - Phoenix Water System Improvements

Project No: 2021-13b

ISSUE DATE: May 16, 2023

PROJECT DURATION: 24 months

PROPOSALS DUE: June 20, 2023

Not later than 2:00 PM

Late proposals will not be considered

REFER QUESTIONS TO:

Jason Strait, Project Manager

Phone: 541-552-2419

Email: jason.strait@ashland.or.us

SUBMIT PROPOSALS TO:

Jason Strait

20 East Main St

Ashland, OR 97520

PUBLIC WORKS ENGINEERING

20 EAST MAIN STREET

ASHLAND OR 97520

541/488-5587 mailto:jason.strait@ashland.or.us

TABLE OF CONTENTS

Table of contents 2 Advertisement 4 Definitions 5

Section 1: Project Overview 6

1.1 Objectives 6

1.2 Background Information 6

1.3 Recommended Water System Improvements 6

Section 2: Schedule 7

Section 3: Scope of services 7

3.1 General Requirements 7

3.2 Specific tasks and deliverables 8

3.3 Tentative schedule of key tasks and deliverables 10

Section 4: Selection criteria 10

4.1 General 10

4.2 Selection criteria and scoring 10

Section 5: Proposal evaluation 12

5.1 Review 12

5.2 Defective Proposals 12

5.3 Right of rejection 12

5.4 References 13

5.5 Responsibility 13

5.6 Clarification of response 13

5.7 Finalist selection 13

5.8 Ties among Proposers 13

5.9 Notice of intent to award 13

5.10 Contract negotiation 14

5.11 Protest procedures 14

5.12 Resulting contract 15

Section 6: Contract 15

6.1 Contract form 15

6.2 Business license required 15

6.3 Insurance requirements 16

6.4 Laws and regulations 16

Section 7: Instructions to Proposers 16

7.1 General 16

7.2 Information of record 17

7.3 Proposal preparation 17

7.4 Proposal format and contents 17

7.5 Signature on proposal 17

7.6 Preparation costs 17

7.7 Conformance to solicitation requirements 17

7.8 Questions and clarifications 18

7.9 Addenda 18

7.10 Protest of requirements 18

7.11 Proposal modification 18

7.12 Proposal withdrawals 19

7.13 Proprietary information 19

7.14 Terms and conditions 19

7.15 Proposal opening 20

APPENDICES (BOUND SEPARTELY)

EXHIBIT A – 2020 Talent Water System Seismic Resilience Plan

EXHIBIT B – Ashland BPS Utilities Diagram

EXHIBIT C – 2020 Phoenix Water System Seismic Resilience Plan

EXHIBIT D – Example of Personal Services Agreement

EXHIBIT E – TAP Water Master Plan

ADVERTISEMENT

CITY OF ASHLAND PUBLIC WORKS – REQUEST FOR PROPOSAL

PROFESSIONAL ENGINEERING SERVICES

The City of Ashland is seeking Proposals for professional engineering services for development of Project No.

2021-13b, the Development of Talent, Ashland and Phoenix (TAP) Water System Improvements.

The project will result in these water system improvements as identified in the TAP Water System Master Plan:

1. Talent Booster Pump Station seismic study.

2. Ashland Booster Pump Station TAP Supply connection.

3. Phoenix 24-inch pipeline seismic improvements.

These water system improvements must comply with all applicable codes and design standards pertaining to essential water facilities and components. The project will include, but is not specifically limited to, development of Plans, Specifications, and Estimates (PS&E), and bidding and construction support.

Proposals must be physically received by 2:00 PM, (main lobby clock), June 20, 2023 in the City of Ashland

Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 20 E. Main Street, Ashland, OR

97520. For further information, contact Jason Strait, Project Manager at 541-552-2419 or by email at jason.strait@ashland.or.us Consultant selection is anticipated to result in the issuance of a contract for engineering services in the form provided in this RFP.

Proposal documents may be downloaded from the OregonBuys website. Any addendum that may be issued relating to this proposal will only be available from OregonBuys and potential proposers are cautioned to continuously monitor the site for updates and addendum.

All proposals shall be submitted as set forth in Section 6 - Instructions to Proposers. The City is not responsible for proposals submitted in any manner, format or to any delivery point other than as required by the Solicitation

Document. Proposals must be from an Oregon Professional Engineer and shall be concise, appropriate to the scale of the evaluation and include only items that are relevant to this specific project.

Consultant selection will be based upon weighed criteria as set forth in the Solicitation Document and will include criteria such as (but not limited to): proposed work plan and approach, schedule, general and special project experiences, team experience and availability, and other applicable criteria.

The City of Ashland reserves the right to cancel this procurement or reject any and all proposals in accordance with ORS 279B.100.

First date of solicitation: May 16, 2023 mailto:jason.strait@ashland.or.us

For the purpose of this RFP:

“Agency” or “City” means City of Ashland.

DEFINITIONS

“Business days” means calendar days, excluding Saturdays, Sundays and all City recognized holidays.

“Calendar days” or “days” means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day.

“Council” means City of Ashland Council

“Department” means the City of Ashland Engineering Department.

“Manager” means the City of Ashland Project Manager.

“Proposers”- All firms submitting proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”.

“RFP” means Request for Proposal.

“Scope of Work” means the general character and range of services and supplies needed to complete the work’s purpose and objectives, and an overview of the performance outcomes expected by Agency.

“Services” means the services to be performed under the Contract by the Consultant.

“Statement of Work” means the specific provision in the final contract which sets forth and defines in detail

(within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, services, deliverables, schedule for delivery and other obligations.

PROJECT OVERVIEW

1.1 OBJECTIVES

The City of Ashland is seeking Proposals for professional engineering services for development of Project No.

2021-13b, the Development of Talent, Ashland and Phoenix (TAP) Water System Improvements.

The project is anticipated to result in these water system improvements as identified in the TAP Water Master

Plan (Exhibit E):

1. Talent Booster Pump Station seismic study.

2. Ashland Booster Pump Station TAP Supply connection.

3. Phoenix 24-inch pipeline seismic improvements.

These water system improvements must comply with all applicable codes and design standards pertaining to essential water facilities and components. The project will include, but is not specifically limited to the development of Plans, Specifications, and Estimates (PS&E), and bidding and construction support.

1.2 BACKGROUND INFORMATION

The TAP water system was initially developed in the early 2000’s and delivers potable water from the Medford

Water Commission to the Cities of Talent, Ashland and Phoenix. The TAP system includes several miles of large diameter transmission lines, three Booster Pump Stations and associated Reservoirs. The TAP water system is the only water source for Talent and Phoenix and is an alternate water source for Ashland. All three Cities collaborate to manage and maintain the TAP system for the benefit of the partner Cities.

In 2020 the TAP Water System Master Plan was completed. This Master Plan includes a summary of current management, operations, maintenance and identifies specific capital improvement projects for the system. All of the Water System Improvements identified by this solicitation are derived from the TAP Water System Master

Plan. The identified improvements are part of the water systems of the Cities of Talent, Ashland and Phoenix.

However, the City of Ashland is administering the contracts for all of the work in coordination with the other

Cities.

1.3 RECOMMENDED WATER SYSTEM IMPROVEMENTS

The Talent BPS is located at 260 Suncrest Rd. in Talent, OR and is managed by the City of Talent Public Works. The 2020 Talent Water System Seismic Resilience Plan (EXHIBIT A), recommends further study of the Talent BPS building to confirm its performance during an earthquake. Some basic seismic assessments were completed on the BPS during the development of the Seismic Resilience Plan, however no as-builts or record drawings are available for the structure. Further assessment and investigation are required to confirm building structural elements, foundation reinforcement, structure anchoring and overall seismic performance of the structure. It is anticipated that the selected Engineering Consultant will develop a report identifying specific recommendations and alternatives for seismic improvements to the Talent BPS building to gain seismic resiliency of the water system.

The Ashland BPS is located at 1001 W. Jackson Rd in Ashland, OR. and is managed by the City of Ashland Water Department. This BPS was designed to boost water from Hwy 99, up-slope into the City of Ashland water distribution system. It is now desired to modify the BPS to also allow the City of Ashland to supply potable water by gravity to the Cities of Talent and Phoenix, without limiting the current pumping operations of the Ashland BPS into the City of Ashland. This improvement is estimated to include modifications to the Ashland BPS by-pass piping, modifications to a backflow vault and the installation of a new pressure reducing valve. In the City of

Phoenix, this improvement is estimated to include the installation of a new vault, meter and pressure reducing valve near the intersection of Hwy 99 and Oak St. This project may also include control system work in one or more BPS locations, to incorporate the changes to the TAP system operations. A utility diagram of the Ashland BPS is attached as EXHIBIT B. It is anticipated that the selected Engineering Consultant will work closely with the TAP partners to develop a bid ready design of these improvements and assist the TAP partners with permitting, bidding and construction administration.

The City of Phoenix maintains a 24-inch ductile iron transmission main that follows the alignment of Hwy 99 in Phoenix. This transmission main is part of the TAP system and supplies water to the Cities of Talent and Ashland.

The Phoenix Seismic Plan (attached as EXHIBIT C) has identified an approximately 1800 lineal feet section of this transmission main within Bear Creek Drive from 4th St to Oak St as at risk in an earthquake. This 24-inch ductile iron transmission main was installed in 2001 and is not restrained. The seismic concerns of this section of water main are derived from data that shows it was installed in fill material that is likely subject to liquefaction during an earthquake. It is anticipated that the selected Engineering Consultant will work closely with the TAP partners to develop specific recommendations and alternatives to the seismic concerns of this transmission main.

Additionally, once a solution has been identified the Engineering Consultant will work closely with the TAP partners to develop a bid ready design of these improvements and assist the TAP partners with permitting, bidding and construction administration.

SECTION 2: SCHEDULE

The schedule of events listed below represent City’s estimated schedule for this RFP. This schedule is SUBECT

TO CHANGE and will be adjusted as required.

EVENT DAILY COUNT (CALENDAR DAYS) DATE

1. Request for Proposal Released 0 May 16. 2023

2. Last Date for Request for changes/Protest for

Specifications/Questions

10 days prior to Proposal Closing June 09, 2023

3. Last Date for City to Post Addenda 3 days prior to Proposal Closing June 16, 2023

4. Closing Date (last day to submit Proposals) June 20, 2023

5. Responses Evaluated ~15 days after Closing Date July 6, 2023

7. Intent to Award Announced ~15 days after Closing Date July 6, 2023

8. Contract Development and Award ~30 days after Closing Date August 8, 2023

9. Expected Project Completion (all phases) ~18 months after Contract Award February, 2025

SCOPE OF SERVICES

The successful Proposer will be expected to enter into a Personal Services Agreement with the City of Ashland

(Exhibit D) for the completion of the following major tasks and requirements specific to those tasks:

3.1 GENERAL REQUIREMENTS

Personnel, Materials, & Equipment: The Consultant shall provide qualified and competent personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish the work. All materials and supplies shall be of good quality and suitable for the assigned work.

Safety Equipment: The Consultant shall provide and use all safety equipment including, and not limited to hard hats, safety vests and clothing required by State, Federal regulations and City or Department policies and procedures.

Professional Responsibilities: The Consultant shall perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable codes and standards.

Project Management: The Consultant shall attend a project kickoff meeting with representatives of all three Cities.

Thereafter, the Consultant and the City staff will meet as required for the project duration. The objectives of the meetings will include reviewing the scope, budget, schedule and deliverables. The Consultant will organize and manage the consultant project team and coordinate with Ashland Project Manager and City staff as necessary.

Monthly Invoices and Progress Reports: The Consultant shall prepare monthly invoices and progress reports including the following:

• Work Completed during the month by work task as a percentage of completion.

• Needs for Additional Information, Reviews, or Changes to the Scope of Work.

• Scope, Schedule, and Budget Issues and Changes.

3.2 SPECIFIC TASKS AND DELIVERABLES

1. SITE INVESTIGATION, DATA COLLECTION, RECORD RESEARCH

• Review existing records and data including but not limited to drawings, maps, reports and other documents relevant to the limits and scope of this project.

• Locate on-site utilities and contacting utility companies for existing base maps.

• Visually inspect facility grounds for seismic improvements, BPS improvements, pipeline improvements and associated requirements.

• Identify any potential conflicts or additional information required.

• Identify utility relocation or extension needs.

2. PRELIMINARY DESIGN (60% DESIGN SUBMITTAL)

• Prepare preliminary report for Talent BPS seismic improvements. Prepare base mapping for Ashland BPS and Phoenix pipeline improvements which includes elevations, utilities, right-of-way, easement, and other pertinent features.

• Develop preliminary design, showing existing and proposed improvements.

• Prepare list of technical specifications and engineer’s cost estimate.

Deliverables:

A digital pdf copy of the 60% design submittal shall be presented to the City of Ashland for review.

The submittal shall include the conceptual design showing the proposed improvements per facility and probable construction cost estimates. One meeting shall be scheduled with City staff for Consultant to present the 60% design submittal.

3. 90% DESIGN SUBMITTAL

• Incorporate 60% Design Submittal comments.

• For the Ashland BPS and Phoenix pipeline improvements, prepare complete detailed plans, standard and project details, technical specifications, bid schedule, bid item descriptions, and 90% engineer’s cost estimate.

• Consultant shall prepare the Scope of Bids and Bid Schedule specification sections in addition to the technical specifications.

A digital pdf copy of the 90% design submittal shall be presented to the City for review. The submittal shall include contract documents and probable construction cost estimates. One meeting shall be scheduled with City staff to review City comments on the 90% design submittal. The 90% Design Submittal shall be considered a complete design submittal.

4. FINAL DESIGN SUBMITTAL (100% DESIGN)

• For the Talent seismic report, incorporate any 90% comments and submit three hard copies of final report and one digital copy.

• For the Ashland BPS and Phoenix pipeline improvements, incorporate any 90% Design Submittal comments.

• Submit three sets of full-size stamped and signed final drawings along with three sets of technical specifications and other contract documents.

• Submit one copy of final quantity calculations and engineer’s construction cost estimates.

• Submit all digital files (AutoCAD, MS Word, MS Excel, etc.) for the project.

For the Ashland BPS and Phoenix pipeline improvements; One (1) hard copy and one (1) pdf copy of the 100% final design submittal shall be presented to the City of Ashland for bid. The submittal shall include full-size stamped and signed final drawings, contract documents and probable construction cost estimates. For the Talent seismic report, submit three hard copies of final report and one digital copy.

5. BID AND CONSTRUCTION SUPPORT

• The City of Ashland will administer the bidding and contract award processes in coordination with the other partner Cities.

• Provide bidding assistance/clarifications which includes responding to questions from potential bidders, attending the pre-bid meetings and job walks (assume 2 pre-bid meetings, one at each facility), assisting with preparation of addenda reviewing the submitted bids, and recommending a contract for award.

• Facilitate mandatory pre-construction site meetings with all necessary parties (assume 2 meetings, one at each facility).

• Attend and facilitate construction meetings.

• Conduct site visits at all locations during construction at appropriate stages.

• Provide submittal list, review submittals and shop drawings, change order requests and provide written recommendations to the City of Ashland.

• Review and respond to contractor’s request for information (RFI) and clarifications during construction and provide written recommendations to the City of Ashland.

• If necessary, provide engineering technical support to the City of Ashland for the pre-purchase of major project components.

• Participate in the final inspection and assist with preparing the punch list of deficiencies.

• Prepare and submit digital as-builts / record drawings to the City of Ashland.

Three (3) full-size hard copies, one (1) pdf digital copy and one (1) AutoCAD format copy of the record drawings.

3.3 TENTATIVE SCHEDULE OF KEY TASKS AND DELIVERABLES

The following the City’s desired schedule for key tasks and major deliverables:

Task Date

Award Contract August 8, 2023

Kick-off Meeting August 10, 2023

60% Design Submittal Oct 10, 2023

90% Design Submittal Dec 12, 2023

100% Design Submittal Jan 2023

Release Construction Solicitation Feb 2024

Award Construction Contract April 2024

Construction Kick-Off Meeting April 2024

Construction Complete December 2024

As-built Drawing Submittal January 2025

SECTION 4: SELECTION CRITERIA

4.1 GENERAL

This method of personal services solicitation is categorized as Formal Procurement with award of contract approved by the Local Contract Review Board (City Council).

4.2 SELECTION CRITERIA AND SCORING

Written Proposals will be evaluated and scored and a contract may be awarded based upon the proposer’s qualifications and experience as described below:

1. Letter of Transmittal (Required, No Points Awarded). On company letterhead, describe your firm’s interest in providing professional engineering services to the Cities of Talent, Ashland and Phoenix. This letter shall include the following components:

a. Certification that the Proposer is an Independent Contractor.

b. Indication that the Proposer accepts the terms of the City of Ashland Personal Services Agreement, provided in Exhibit D of this RFP.

c. Acknowledgment of the specific addenda received OR a statement acknowledging no addenda were received.

d. An original, ink signature of an authorized representative of the firm.

e. Name, title, address, email, and telephone number of the signatory representative.

2. Project Approach (25 Points Possible). Provide a description of your firm’s approach to complete a successful preliminary design, final design, construction specifications, and construction administration for these types of critical water system projects and evaluations. Include a summary of your quality control program.

3. Project Experience (30 Points Possible). Discuss at least three projects performed in the last 10 years involving similar work to the scope of work for this RFP, particularly any projects involving critical water systems. Include the following information for each project:

a. Client name, point of contact, address, and telephone number

b. Description and location of project and year of completion

c. Key Persons from your proposed Team involved in all disciplines

4. Proposer’s Demonstrated Ability to Deliver Budget and Schedule on Similar Projects (25 Points

Possible). For each of the projects referenced in Section 4.2 (3) above, provide a discussion of whether the project was completed on time and on budget or needed to be revised. Briefly explain the reason for any revisions, and what attempts were made to bring the project back on schedule and within budget.

5. Project Team Experience and Availability (20 Points Possible).

a. Provide a list of the key staff proposed for this project (“Key Person(s)”). Provide the following for each key person: a summary of their proposed roles, a description of their relevant experience and a list of current professional licenses.

b. Indicate which individual will manage the project and be the primary contact. Indicate the specific experience this individual has managing projects similar to the project in this RFP.

c. State the estimated proportion of each Key Person’s time that will be spent on City’s project vs. total time spent on all Key Person’s projects during the term of contract.

d. Submit resumes that support each Key Person’s relevant experience. No more than five resumes should be submitted as Appendix A and will not count against page limit.

Termination for Default (Pass or Fail). Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the

Proposer was in default. If a Proposer has had a contract terminated for default in this period, then the

Proposer shall submit full details including the other party’s name, address and phone number. City of Ashland will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of past performance.

SECTION 5: PROPOSAL EVALUATION

5.1 REVIEW

Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least one representative from each of the TAP partner Cities (Talent, Ashland, Phoenix). The total number of points possible for written Proposals is 100.

5.2 DEFECTIVE PROPOSALS

Due to limited resources, the City of Ashland generally will not completely review or analyze Proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will City generally investigate the references or qualifications of such proposals. Therefore, City will not acknowledge whether an unsuccessful Proposal was complete, responsive, responsible, sufficient, or lawful in any respect.

This is a public solicitation, the processes and procedures which are established and required by Oregon law and City-adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in this RFP and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

5.3 RIGHT OF REJECTION

Proposers must comply with all terms of this RFP and all applicable federal, state, and local laws, administrative rules, and regulations. The City may reject any Proposal that does not comply with all material and substantial terms, conditions, and performance requirements of this RFP.

Proposers may not qualify the Proposal nor restrict the rights of the Cities of Talent, Ashland or Phoenix. If a

Proposer does so, the City of Ashland may determine the Proposal to be a non-responsive counter-offer, and the Proposal may be rejected.

Minor informalities that may be waived include those that:

• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other offers,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision.

The City of Ashland reserves the right to refrain from making an award if the City determines that to be in its best interest.

A Proposal from a debarred or suspended Proposer shall be rejected.

5.4 REFERENCES

The City reserves the right to investigate any and all references and the past performance information provided in the Proposal with respect to the proposer’s successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on a schedule, and lawful payment of employees and workers.

The City of Ashland reserves the right to check any and all sources for information on a proposer’s past performance, including sources other than the references provided in the proposer’s Proposal. The City may consider information available from any source, including government bodies and regulatory authorities.

5.5 RESPONSIBILITY

The City of Ashland reserves the right to investigate and evaluate, at any time prior to award and execution of the contract, the apparent successful Proposer’s responsibility for performing the contract. Submission of a signed Proposal shall constitute approval for City to obtain any information the City deems necessary to conduct evaluation. The City of Ashland reserves the right to request additional information or documentation from the successful Proposer prior to award of contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in rescission of City’s Intent to Award.

City may postpone the award of contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

5.6 CLARIFICATION OF RESPONSE

The City of Ashland reserves the right to request clarification of any item in any Proposal, or to request additional information necessary to properly evaluate a particular Proposal. All request for clarification and responses shall be in writing.

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation

Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of the Proposer’s Proposal.

5.7 FINALIST SELECTION

The firm with the highest cumulative score as a result of written Proposal scoring will be considered the Finalist, and all other firms will be ranked according to next highest score, etc.

5.8 TIES AMONG PROPOSERS

If the City of Ashland determines after the ranking of potential firms, that two or more of them are equally qualified to be the Finalist, City may select a candidate through any process that the City believes will result in the best value for taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of the City of Ashland and

Proposers and shall protect the integrity of the Public contracting process.

As part of the procedure for choosing the Finalist between two or more equally qualified candidates, City may elect to give a preference to a local consulting firm.

5.9 NOTICE OF INTENT TO AWARD

After the completion of the evaluation and ranking, the City of Ashland will issue a written Notice of Intent to

Award, naming the Finalist, and send copies to all Proposers.

5.10 CONTRACT NEGOTIATION

The City of Ashland will attempt to reach an agreement with the Finalist in terms of Contractor’s performance obligation, final schedule, and any modifications to Scope of Work deemed necessary for successful completion of the Project. The City may, in its sole discretion, terminate negotiations and reject the proposal if it appears agreement cannot be reached. The City may then attempt to reach a final agreement with the second highest scoring Proposer and may continue on in the same manner with the remaining proposers until an agreement is reached.

5.11 PROTEST PROCEDURES

The City of Ashland shall provide to all Proposers a copy of the selection notice that City sent to the Finalist. A

Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the City. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, or Land Surveying Services, or Related

Services described in the RFP.

Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers.

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the

Contract. The City of Ashland will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent. The protest must specify the grounds for the protest to be considered by the City.

c) Protests based on procedural matters will not be considered.

d) The City of Ashland’s Public Works Director will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Public Works Director’s determination (response) is adverse to the protester, any further appeal of the Public Works Director’s determination by the party must be submitted in writing to the Ashland City

Manager within three (3) business days of issuance of the Public Works Director’s determination

(response).

f) The City Manager will review any appeal of the Public Works Director’s determination and shall fax and mail, in accordance with the fax number and address provided in the proposal, the protesting party a written response within three (3) business days of receipt of written appeal.

g) If the determination of the Ashland City Manager is adverse to the protesting party’s interest, the protesting party may only appeal to the Ashland City Council by filing a written notice of appeal to the

Council with the City Manager within two (2) business days of issuance of the City Manager’s written determination.

h) The Ashland City Council, in considering the protest, shall review the documentation presented to the

Public Works Director and the City Manager on the next regularly scheduled Council Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Council review will be limited to the evaluation of compliance with

City’s policies and procedures, requirements of the RFP and the equal and fair application of the City of

Ashland contracting rules. The Ashland City Council’s determination shall be City’s final decision.

i) An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies before seeking judicial review of City’s Consultant selection or Notice of Intent to Award.

5.12 RESULTING CONTRACT

Upon reaching final agreement with an awarded Proposer, the City will issue a Personal Services Agreement

(PSA) in substantially the form as found in Exhibit D. The PSA will include the City’s Standard Terms and

Conditions, the final schedule and statement of work, and the proposal and all responses provided by the awarded Proposer.

SECTION 6: CONTRACT

6.1 CONTRACT FORM

The consultant selected by the City of Ashland in coordination with the other partner Cities will be expected to enter into a written agreement in substantially the same form as attached to this RFP. The Proposal should indicate acceptance of the City of Ashland contract provisions. Suggested reasonable alternatives that do not substantially impair City’s rights under the contract may be submitted. Unconditional refusal to accept contract provisions will result in Proposal rejection.

Contract Duration – The City anticipates having the Consultant begin work immediately upon contract execution with submittal of final deliverables to the City of Ashland occurring no later than 18 months after contract execution. Proposals containing earlier completion of the deliverables are acceptable and encouraged.

Contract Payment – Contingent upon City’s need, Consultant’s performance and availability of approved funding, the City of Ashland reserves the right to amend the contract (within the scope of the project described in this RFP) for additional tasks, project phases and compensation as necessary to complete a particular project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval by the Ashland City Council acting as the Contract Review Board.

Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with contract requirements and applicable standards. The method of compensation will be determined by the City and may be based upon any one or combination of the following methods:

• Cost plus fixed-fee, up to a maximum NTE amount

• Fixed price for all services. Fixed price per deliverable. Fixed price per milestone

• Time and materials, up to a maximum NTE amount (City preferred method)

• Price per unit

Ashland Living Wage Requirements – Consultant is required to comply with Chapter 3.12 of the Ashland

Municipal Code by paying at least the living wage as established by the City of Ashland for the effective date of

June 30, 2023 ($18.12 per hour). Additional information on when the living wage applies and how to calculate the living wage is appended to the Personal Services Agreement included in the appendix of this RFP.

6.2 BUSINESS LICENSE REQUIRED

The selected consultant must have or acquire a current business license from the Cities of Ashland, Talent and

Phoenix prior to conducting any work under the contact.

6.3 INSURANCE REQUIREMENTS

Contactor shall at its own expense provide the following insurance:

a. Worker’s Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers’ compensation coverage for all their subject workers.

b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 per occurrence. This is to cover damages caused by any error, omission, or negligent act related to the professional services to be provided under the contract.

c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 per occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under the contract.

d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 per occurrence for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles, as applicable.

e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days’ written notice from the contractor or its insurer(s) to the City.

Additional Insured/Certificates of Insurance. Contractor shall name the Cities of Ashland, Talent, Phoenix, and the elected officials, officers and employees of all three (3) Cities as additional insurers on any insurance policies required herein but only with respect to contractor’s services to be provided under this contract. As evidence of the insurance coverage required by this contract, the contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are additional insures. The consultant’s insurance is primary and non-contributory. Insuring companies or entities are subject to City of Ashland acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City of Ashland. The contractor shall be financially responsible for all pertinent deductibles, self-insured retention and/or self-insurance.

6.4 LAWS AND REGULATIONS

The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations, they shall report it to the

City of Ashland in writing.

All work performed by the contractor shall be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for applying for applicable permits and licenses.

SECTION 7: INSTRUCTIONS TO PROPOSERS

7.1 GENERAL

All proposals and any resulting contracts are subject to the provision and requirements of Oregon Revised

Statutes, Sections 279A and 279B. Engineering contracts are further subject to 279C and to the City of Ashland

(City) Municipal Code Section 2.50.

7.2 INFORMATION OF RECORD

This Request for Proposal (RFP) will be distributed through OregonBuys. All updates, addendum, and related communications will be published through OregonBuys. It is the sole responsibility of the proposer to check the

OregonBuys website (https://oregonbuys.gov/bso/) on a timely basis for critical information regarding the proposal.

7.3 PROPOSAL PREPARATION

Proposals shall be typewritten, precise, and shall not include unnecessary promotional material. Except for

Letter of Transmittal and resumes, the proposal shall contain no more than 8 pages. Proposals shall be titled

“Proposal for Professional Engineering Services for the Development of TAP Water System Improvements”.

One original (wet ink signature) and two complete hard copies of the proposal shall be submitted to the City of

Ashland prior to the advertised proposal closing date. One digital copy shall be submitted on a USB drive.

7.4 PROPOSAL FORMAT AND CONTENTS

Responses must follow the format outlined in this RFP. Headers, titles or tabs shall be used to identify required information. Additional materials in other formats of pages beyond the stated page limit may not be considered.

Proposal responses shall be organized in the following manner and shall address each item listed in the Selection

Criteria:

Letter of Transmittal

Project Approach

Project Experience

Demonstrated Ability to Deliver Budget and Schedule on Similar Projects

Project Team Experience and Availability

Termination for Default Status

7.5 SIGNATURE ON PROPOSAL

Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a Proposal certifies that the Proposal is made without connection with any person, firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a Proposal also certifies that the proposer has read, fully understands and agrees with all solicitation requirements, terms and conditions. No consideration will be given to any claim resulting from proposing without fully comprehending all requirements of this RFP.

7.6 PREPARATION COSTS

The City of Ashland may cancel a solicitation, whether informal or formal, or reject all Proposals, without liability incurred by City at any time after issuing an RFP, if City believes it is in City’s best interest to do so. Consultants responding to RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs, which includes, but is not limited to: preparation, submittal, travel expenses, interviews, presentations, or evaluation of any Proposal.

7.7 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of this Request for Proposals. All necessary attachments (Letter of

Transmittal, Resumes, etc.) shall be submitted with the Proposal and in the required format. Failure to comply with all requirements may result in Proposal rejection.

https://oregonbuys.gov/bso/

7.8 QUESTIONS AND CLARIFICATIONS

Questions regarding the information contained in the RFP document must be submitted in writing or by email to the City of Ashland Project Manager listed on the cover page of this RFP. All questions must be received not later than ten (10) calendar days prior to the proposal submission deadline. Answers to questions received by City, which are deemed by City to be substantive, will be issued as official addenda to this RFP to ensure that all proposers base their proposals on the same information.

7.9 ADDENDA

Any addendum or addenda issued by the City of Ashland which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the proposer.

All official addendums will be issued through OregonBuys and it shall be the proposer’s sole responsibility to acquire any and all addendum pertaining to RFP. Proposer shall indicate receipt of all issued addenda by indicating the number of addenda received on the Proposal Form

7.10 PROTEST OF REQUIREMENTS

Proposers may submit a written protest of any provision, specification or contract term contained in this RFP and may request a change to any provision, specification or contract term contained in this RFP, not later than ten (10) calendar days prior to the advertised proposal closing date.

A proposer’s written protest must meet the following requirements:

• A detailed statement of the legal and factual grounds for the protest.

• The reason for the protest or request for change.

• A statement of the form of relief requested or any proposed changes to the specifications or contract document.

All protests shall be mailed or otherwise delivered to the City marked as follows:

PROPOSAL PROTEST

Project No. 2021-13

City of Ashland Public Works Dept.

ATTN: Jason Strait, Project Manager

20 East Main St

Ashland, OR 97520

City Response: The City of Ashland may reject without consideration a proposer’s protest after the deadline established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the City agrees with the proposer’s protest, in whole or in part, the City shall either issue an addendum reflecting its determination or cancel the solicitation.

Extension of Closing: If the City of Ashland receives a written protest from a proposer in accordance with this rule, the City may extend closing if the City determines an extension necessary to consider the protest and to issue addenda, if any, to the solicitation of document.

Judicial review of the City’s decision relating to a specification protest shall be in accordance with ORS.

279B.405.

7.11 PROPOSAL MODIFICATION

Modifications or erasures made before proposal submission shall be initialed in ink by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the project number and closing date and time. Proposers may not modify proposals after proposal closing date and time.

7.12 PROPOSAL WITHDRAWLS

Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Project Manager prior to the date and time set for closing. Proposals may be withdrawn in person before closing time upon presentation of appropriate identification.

7.13 PROPIETARY INFORMATION

All information submitted by Proposers shall be public record and subject to disclosure pursuant to the Oregon Public Records Act (ORS 192.311 to 192.478 410 et seq.), except such portions of the proposals for which Proposer requests exception from disclosure consistent with Oregon Law. Any portion of a proposal that the Proposer claims is confidential must meet the requirements of ORS 192.345, 192.355, or other applicable law.

The entire proposal may not be marked as “confidential”.

The City of Ashland is subject to the Oregon Public Records Laws (ORS 192.311 to 192.478), which require the

City to disclose all records generated or received in the transaction of City business, except as expressly exempted. The City of Ashland will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations.

The entire Proposal cannot be marked confidential. All pages containing the records exempt from disclosure shall be marked “confidential” and segregated in the following manner:

• It shall be clearly marked in bulk and on each page of the confidential document.

• It shall be kept separate from the other Proposal documents in a separate envelope or package

• Where the specification conflicts with other formatting and response instruction specifications, this specification shall prevail.

• Where such conflict occurs, the Proposer is instructed to respond with the following: “Refer to confidential information enclosed.”

• This statement shall be inserted in the place where the requested information was to have been placed.

Proposers who desire that additional information be treated as confidential must mark those pages as

“confidential.” Proposers shall also cite the specific statutory basis for the exemption and give the reasons why the public interest would be served by the confidentially. Should a Proposal be submitted as described in this section, no portion of it will be held confidential unless that portion is segregated as described in the criteria above.

Notwithstanding the above procedures, the City of Ashland reserves the right to disclose information that the

City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by the

City’s Attorney, the District Attorney, or a court of competent jurisdiction.

7.14 TERMS AND CONDITIONS

Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto, the City will not negotiate any term or condition after the protest deadline, except the statement of work and calendar with the selected proposer. By submitting a Proposal, the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as such terms and conditions may have been modified or reserved by the City of Ashland for negotiation. Any Proposal that is received conditioned upon City’s acceptance of any other terms and conditions or rights to negotiate will be rejected.

7.15 PROPOSAL OPENING

Unless otherwise provided by law, Proposals received in response to this RFP shall be opened at the date and time set for closing at the City of Ashland Engineering Services Building at 51 Winburn Way, Ashland, Oregon

97520. Proposers who attend the Proposal opening shall be informed only of the names of the Proposers submitting Proposals. No other information shall be available, and no copies of the Proposals shall be made.

Award decisions will NOT be made at that time.

EXHIBIT D

Example Personal Services Agreement

PERSONAL SERVICES AGREEMENT

20 East Main Street

Ashland, Oregon 97520

Telephone: 541/488-XXXX

Fax: 541/552-XXXX

CONSULTANT:

CONSULTANT’S CONTACT:

ADDRESS:

TELEPHONE:

This Personal Services Agreement (hereinafter “Agreement”) is entered into by and between the

City of Ashland, an Oregon municipal corporation (hereinafter "City") and XXXXXXXXX, a domestic professional corporation or limited liability company ("hereinafter “Consultant"), for (description of services to be provided.).

NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and

Consultant hereby agree as follows:

1. Effective Date and Duration: This Agreement shall become…