2026-06 - RFP - Progressive Desgin Build - WTP PLC and HMI Upgrade Final.pdf

PROGRESSIVE DESIGN BUILD

PROCUREMENT

Request for Proposals

Project No. 2026-06:

Water Treatment Plant PLC & HMI Upgrade

ISSUE DATE: April 15, 2026 PROPOSALS DUE: May 15, 2026 not later than 2:00 PM Local Time

REFER QUESTIONS TO:

Derek HuizingaBell, Sr. Project Manager Phone: 541-552-2026 Email: derek.huizingabell@ashland.or.us

SUBMIT PROPOSALS TO:

Mail or deliver in person to: Derek HuizingaBell, 51 Winburn Way, Ashland, OR 97520

PRE-PROPOSAL CONFERENCE: There will be a MANDATORY pre-proposal conference on April 29, 2026 at 2:00 PM at the Project Site, 1400 Granite St. Ashland, OR 97520. Escort is required to visit the water treatment plant; proposers shall meet first at the Public Works building at 51 Winburn Way, Ashland OR at 1:30 PM.

PUBLIC WORKS / ENGINEERING

51 WINBURN WAY

ASHLAND OR 97520

541-488-5347

Progressive Design Build Procurement City of Ashland

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CONTENTS

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SECTION 1. BACKGROUND INFORMATION

INTRODUCTION

BACKGROUND

SECTION 2. PROJECT OVERVIEW

SCOPE OF WORK

PROJECT SCHEDULE

SECTION 3. PROGRESSIVE DESIGN-BUILD SERVICES

GENERAL

ROLES AND RESPONSIBILITIES

SECTION 4. INSTRUCTIONS TO PROPOSERS

DEFINITIONS

INFORMATION OF RECORD

QUALIFICATIONS REQUIREMENTS

STATE LICENSE REQUIREMENTS FOR CONTRACTORS, ARCHITECTS, ENGINEERS

QUESTIONS, CLARIFICATIONS AND REQUESTED CHANGES

PROTEST OF SOLICITATION DOCUMENT AND PROCUREMENT PROCESS

ADDENDA

PROTESTS OF ADDENDA

CONFORMANCE TO SOLICITATION REQUIREMENTS

ECONOMY OF PROPOSAL PREPARATION

EXECUTION OF THE PROPOSAL

SUBMISSION OF PROPOSAL

MODIFICATION OF PROPOSAL

WITHDRAWAL OF PROPOSAL

ACCEPTANCE OF PROPOSAL CONTENT

INCURRED COSTS

PUBLIC RECORDS AND CONFIDENTIALITY OF PROPOSAL

DISCRIMINATION IN SUBCONTRACTING PROHIBITED

ACCESS TO RECORDS

RIGHT TO MODIFY PROCESS

DISPUTES

RESIDENT PROPOSER

SECTION 5. PROPOSAL SUBMITTAL REQUIREMENTS

FORMAT OF PROPOSALS

REQUIRED CONTENT

EVALUATION CRITERIA

5.3.1 Project Approach

5.3.2 Design-Build Team and Key Personnel

5.3.3 Project Experience

5.3.4 Design Fee Proposal

5.3.5 Termination for Default

SECTION 6. EVALUATION PROCESS & DESIGN BUILDER SELECTION

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REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS

RIGHT OF REJECTION

REFERENCES

RESPONSIBILITY

CLARIFICATION OF RESPONSE

INTERVIEWS

FINALIST SELECTION

TIES AMONG PROPOSERS

NOTICE OF INTENT TO AWARD

CONTRACT NEGOTIATION

PROTEST PROCEDURES

NOTICE TO PROCEED

SECTION 7. CONTRACT

CONTRACT FORM

ORDER OF PRECEDENCE

CONTRACT PAYMENTS

BONDING

OREGON STATE PREVAILING WAGE REQUIREMENTS

ASHLAND LIVING WAGE REQUIREMENTS

INSURANCE REQUIREMENTS

BUSINESS LICENSE REQUIRED

LAWS AND REGULATIONS

APPENDICES (BOUND SEPARATELY)

APPENDIX 11 - Required Attachments to Proposal Proposal Form Independent Contractor Certification

APPENDIX 22 - Draft AIA A141 Contract Form AIA A141 Standard Form of Agreement between Owner and Design Builder Exhibit A – AIA A141 Design-Build Amendment Exhibit B – AIA A141 Insurance and Bonds

APPENDIX 33 - Current Wage Requirements for Public Improvement Contracts A. BOLI Wage Rates Information B. City of Ashland Living Wage

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CITY OF ASHLAND PUBLIC WORKS - REQUEST FOR PROPOSALS (RFP)

FOR

DESIGN BUILD SERVICES

The City of Ashland (“City” or “Owner”) will receive Proposals from Proposers interested in acting as a Design Builder (DB) and providing services and performing Work for the development of Project No. 2026-06: Water Treatment Plant PLC & HMI Upgrade (Project). This procurement is conducted in accordance with model rules adopted by the Attorney General under Oregon Revised Statutes (ORS) 279A.065(3).

Work will generally include the development, design, and integration of a new SCADA system to replace the existing water treatment plant SCADA system. The Project will be designed and integrated in three phases using the progressive design-build delivery method. Phases will include:

Phase One: Design Builder to perform preconstruction services and develop with Owner’s input pricing-level design documents and information such that the Design Builder can prepare and provide a Design- Build Proposal to be reviewed and approved by the Owner. Phase One will result in provision of a Guaranteed Maximum Price (GMP) proposal and schedule.

Phase Two: If the Design Builder’s Proposal prepared in Phase One is approved by the Owner, the Design Builder will complete design, permitting, construction, and post-construction tasks, including operation and maintenance manuals for the building systems and relevant performance testing.

Phase Three: The Design Builder will provide a one-year warranty period for improvements executed under this solicitation.

Note: Required permitting activities are included in Phase One and Two.

Proposals must be physically received by May 15, 2026, not later than 2:00 PM local time (main lobby clock), in the City of Ashland Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 51 Winburn Way, Ashland, OR 97520. Proposers mailing proposals should allow normal delivery time to ensure the timely receipt of their proposals. Any proposal received after the date and time set for receipt of proposals will not be considered and will be returned to the proposer unopened. For further information, contact Derek Huizingabell, Project Manager at 541-552-2026 or by email at derek.huizingabell@ashland.or.us. Consultant selection is anticipated to result in the issuance of a Progressive Design Build Contract, in a form substantially similar to the one provided in this RFP (see Appendix 2 – Standard Form of Agreement Between Owner and Design-Builder, AIA Document A141-2014).

There will be a MANDATORY pre-proposal conference on April 29, 2026 at 2:00 PM at the Project Site, 1400 Granite St. Ashland, OR 97520. Escort is required to visit the water treatment plant; proposers shall meet first at Public Works, 51 Winburn Way, Asland OR, 97520 at 1:30 PM.

Proposal documents may be downloaded from OregonBuys eProcurement System. Any addenda that may be issued, relating to this RFP will be available from OregonBuys and potential proposers are cautioned to continuously monitor the site for updates and addenda.

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City of Ashland Department of Public Works

Request for Proposals / Progressive Design Build Procurement Project No. 2026-06: Water Treatment Plant PLC & HMI Upgrade

SECTION 1. BACKGROUND INFORMATION

Introduction

The scope of services consists of complete Design Build services for the design and integration of a new SCADA system to replace the existing water treatment plant SCADA system. For the purposes of this RFP the term Design Builder (DB) shall mean the General Contractor and the associated Design Builder team contracted to the General Contractor. The term Project Team shall mean the City of Ashland Project Management team, Design Builder and City staff from Public Works, Facilities Services, and other key internal stakeholders.

The Design Builder will work closely with the Project Team to provide design, construction, and integration of a new SCADA system to replace the existing water treatment plant SCADA system. The project will be located at 1400 Granite St., Ashland, Oregon, at the water treatment plant. The Design Builder will be called upon to provide services to assist in the decommissioning of existing SCADA system without interruption to water treatment operations.

Background

The City of Ashland (City) owns and operates a potable water system and complies with all regulatory standards for managing a public water system in the state of Oregon. The City’s primary water supplies are the East and West Forks of Ashland Creek, which are stored in Reeder Reservoir and released to the City’s water treatment plant. The City’s water treatment plant is located along Ashland Creek approximately 1 mile below Reeder Reservoir and has an approximate capacity of 7.5 MGD. The water treatment plant was constructed in 1948 and is reaching the end of its useful life; it is located in a steep narrow canyon where landslide, fire, flood, and earthquake risk could compromise its ability to produce potable water for the community. The existing plant also has limited treatment capacity for changes in raw water quality, specifically for algal toxins. The plans for the replacement of the existing plant in a new safer location have been in development since 2012 when it was first identified in the water master plan and approved by council. The existing water treatment plant must continue to operate throughout the construction and commissioning phases of the new water treatment plant.

The existing water treatment plant is supported by onsite personnel and controlled by a dated SCADA system. The components of this SCADA system have become obsolete and can no longer be supported by the OEM. The City will upgrade the SCADA system in order to ensure the reliable operation of the water treatment plant through the end of its useful life.

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SECTION 2. PROJECT OVERVIEW

Scope of Work

The Work will generally include design and provision of a new PLC, a new HMI, new software, and electrical and integration support during startup.

A. PLC, HMI, and Software Design

This project must replicate the functionality of the existing water treatment SCADA system using modern components. Design Builder to reference existing code when writing new logic and create an HMI that maintains the same level of controls, indicators, and alarming as the existing system. This project will utilize Allen Bradley controls with an Ignition Perspective HMI platform.

Design Builder to provide a complete design package in accordance with City’s standards for program structure, program tags, HMI structure, hardware labels, wire labels, and drawings.

B. Cabinet Build and Install

The Design Builder is to provision all necessary controls components and schematics required to build the PLC enclosure. The City may consider providing some or all of the labor to build the panel. The Design Builder shall provide a wiring and installation arrangement in the water treatment plant that best meets the overall project needs allowing for a seamless transition between SCADA systems that does not interrupt operations. The City may consider providing some or all of the labor to install and wire the new system.

C. Integration and Startup

The Design Builder is to provide a startup plan that ensures an uninterrupted, seamless transition from the existing SCADA system to the new system. Design Builder to prove complete operability of the new SCADA system before decommissioning the existing system. Startup must be completed during low water demand periods.

Project Schedule

Design is expected to begin in spring of 2026; this phase is expected to take approximately 3 months.

Installation and startup must be completed during a period of low water demand; this phase is expected to take approximately 6 months. This project will be incorporating the principles of Progressive Design Build which includes a Guaranteed Maximum Price and transparency to the bidding process similar to a Construction Manager/General Contractor (CM/GC) contract.

Project Schedule will initially be driven by public procurement model rules the Attorney General adopts under ORS 279A.065. The below schedule provides the owner’s best estimates of dates and durations.

The Owner reserves the right to change the below schedule.

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EVENT DAILY COUNT (CALENDAR DAYS) DATE

Begin RFP Solicitation 0 April 15, 2026 Mandatory Pre-Proposal Meeting 16 days prior to closing April 29, 2026 Questions/Change Requests due to City 7 days prior to closing May 8, 2026 Last Day for Owner to Post Addendum 3 days prior to closing May 12, 2026 RFP Closing Date at 2:00 PM Local Time 30 days after RFP release May 15, 2026 Finalists Selected 14 days after closing May 29, 2026 Optional Interviews (if applicable) 28 days after closing June 12, 2026 Notice of Intent to Award Contract 35 days after closing June 19, 2026 Design Build Agreement Executed 49 days after closing July 3, 2026 Notice to Proceed 3 day after contract execution July 6, 2026 Date of GMP/Pricing Amendment 90 days after contract execution October 1, 2026 Project Completion 180 months after GMP/Pricing Amendment March 30, 2027

SECTION 3. PROGRESSIVE DESIGN-BUILD SERVICES

General

The Design Builder will provide services in three distinct phases. Phase One will generally consist of preconstruction services including preliminary engineering, and the design development required for the preparation of a Project Guaranteed Maximum Price (GMP) Proposal and Schedule. Phase Two services, if authorized by Owner in its sole discretion, generally encompass completing the Project’s final design, construction, commissioning, and transfer to City. Required permitting activities are included in each of the first two phases. Phase Three is a 1-year warranty period following construction.

Phase One Services – Design Builder’s Proposal:

Article 4 of the Sample AIA A141 Contract (APPENDIX 22) provides the scope of work to be included in Phase One resulting in the Design Builder’s Proposal, including but not limited to:

• Develop a Preliminary Design and Project execution plan to be approved by the Owner.

• Conduct a detailed programming review and facilitate Owner’s identification of desired program with particular focus on considerations unique to public safety and operations that would affect project scope and budget.

• Develop the preliminary engineering information and due diligence investigations required for preparation of a matrix of program, concept and budget options for the new water treatment SCADA system.

• Prepare a draft Phase Two Project Schedule including interim design and cost estimate milestones and review with City.

• Provide a presentation to City of the matrix of program and integration options and conceptual cost estimates for the new water treatment SCADA system and facilitate Owner’s selection of a Preliminary Design.

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• Perform additional due diligence inquiries as appropriate to refine the Preliminary Design and associated cost estimate.

• Develop Preliminary Design, schedule and cost estimating documents and include the supporting design documentation and open-book cost information utilized for the Design Builder’s Proposal from conception to completion, including commissioning.

• Participate in regular meetings with City.

Phase Two Services described as “Work Following Execution of the Design-Build Amendment” in Article 5 of the Sample AIA A141 Contract (APPENDIX 22) including but not limited to:

• Coordinate regular Phase Two meetings with City.

• Prepare construction drawings and 90% specifications for City review and approval prior to submittal.

• Complete all construction documents.

• Procure equipment and subcontractors complete construction per approved plans.

• Construct the Project.

• Conduct startup, commissioning, and performance testing as required.

• Provide warranty coverage.

• Provide O&M Manuals, schematics, and drawings.

• Work with City for access and site visits during the course of construction as necessary.

Roles and Responsibilities

Owner: City will cooperate with Design Builder and will fulfill its responsibilities in a timely manner to facilitate the Design Builder’s timely and efficient performance of services. City responsibilities include:

• Review submissions and provide timely comments to Design Builder.

• Provide information and provide (or engage Design Builder to perform) additional studies that may be necessary to complete the Project.

• Provide funding consistent with approved Guaranteed Maximum Price.

• Provide access to the Project site.

• Provide City personnel and necessary data and inputs for Project startup and performance testing.

Design Builder: The Design Builder will cooperate with the Owner and will provide in a timely manner the Phase One and Phase Two services necessary to complete the Project scope specified in this RFP.

Design Builder responsibilities include:

• Prepare design and construction documents.

• Procure Project subcontractors and vendors.

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• Supervise subcontractors and Design Builder personnel.

• Conduct performance testing.

• Implement quality-management procedures.

• Complete startup and commissioning.

• Respond to owner as needed during the one-year workmanship warranty period to ensure systems and products are performing as expected.

SECTION 4. INSTRUCTIONS TO PROPOSERS

This section contains administrative and procedural information and instructions for preparation and submittal of the Proposal. All proposals and contracts are subject to the provision and requirements of Oregon Revised Statutes, Sections 279A and 279B. Engineering contracts are further subject to 279C and City of Ashland Municipal Code Section 2.50.

Definitions

For the purpose of this RFP:

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

“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

“Design Builder” or “DB” means the General Contractor and the associated Design Builder team contracted to the General Contractor

“Department” means the City of Ashland Engineering Department

“Manager” means the City of Ashland Project Manager

“Project Management Team” means the City of Ashland Project Management team, Design Builder and City staff from Public Works, Facilities Services, and other key internal stakeholders

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

“Qualifications Based Selection” or “QBS” means evaluations and scoring of proposals based on qualifications, experiences and project approach, without considering cost.

“RFP” means Request for Proposal.

“RFQ” means Request for Qualifications.

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“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 Owner.

“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.

Information of Record

This Request for Proposal (RFP) will be distributed through the OregonBuys eProcurement System. All updates, addenda, and related communications will be published through OregonBuys. All prospective proposers are advised to continuously monitor the website for information regarding this proposal. It is the sole responsibility of the proposer to check the website on a timely basis, however City may, as a courtesy, elect to email copies of addenda or notices to registered proposers, but doing so does not remove the proposer’s responsibility for checking the website for critical information regarding the proposal.

Qualifications Requirements

Each Proposer shall respond to the Proposal requirements as presented in SECTION 5, Proposal Submittal Requirements, of this RFP. Proposals received without the required information may be rejected as being non-responsive.

The Owner shall have the right to disqualify any Proposal as a result of the information gathered in its research.

State License Requirements for Contractors, Architects, Engineers

In compliance with ORS 671.530, no proposal for a construction contract shall be received or considered by the public contracting agency unless the Proposer is registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board. In addition, the Prime Architect providing architecture or engineering services shall be licensed as required and applicable under ORS 671.020, ORS 671.030, ORS 672.020, and ORS 672.060.

Questions, Clarifications and Requested Changes

All inquiries, whether relating to the RFP process, administration, deadline or award, or to the intent or technical aspects of the services, must be submitted in writing to City’s Project Manager listed in the advertisement for this Proposal, at 20 East Main Street, Ashland, Oregon 97520. All questions must be received not later than ten (10) calendar days prior to the proposal submission deadline.

Any person who contemplates submitting a Proposal in response to this RFP and who finds discrepancies in, or omissions from, or is in doubt as to the true meaning of any part of the RFP

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Explanations, clarifications or interpretations of the Proposal documents will be made only by written notification. The Owner is not responsible for any explanation, clarification, or interpretation given in any manner except by written notification. 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. When appropriate, as determined by City in its sole discretions, revisions, substitution, or clarification of the RFP or attached terms and conditions, an official addendum to this RFP will be issued. Proposer shall indicate receipt of all issued addenda by indicating the number of addenda received on the Proposal Form.

Any addendum or addenda issued by City 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. City may elect to email addendum to registered proposers but will do so as a courtesy only. 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. \The proposer is strongly cautioned to monitor this site on a continual basis.

Protest of Solicitation Document and Procurement Process

A prospective Proposer may protest the procurement process or the solicitation document for a contract. A prospective Proposer must provide a written protest no later than ten (10) calendar days prior to the advertised proposal closing date. The protest must indicate (a) a detailed statement of the legal and factual grounds for the protest; (b) the reasons for the disagreement through a written protest; and (c) a statement of the desired changes to the procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest.

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

PROPOSAL PROTEST

Project No. 2026-06 ATTN: City of Ashland Public Works Director 51 Winburn Way Ashland, OR 97520

City Response: City may reject without consideration a proposer’s protest after the deadline established for submitting protest. City shall provide notice to the applicable proposer if it entirely rejects a protest.

If City agrees with the proposer’s protest, in whole or in part, City shall either issue an addendum reflecting its determination or cancel the solicitation.

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

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

279B.405.

Addenda

A copy of any written clarification or interpretation and of each addendum will be posted on OregonBuys. Any addendum so issued is to be considered a part of the RFP document. The Owner is not responsible for any change or approval made or given in any manner except by addenda. Addenda, if necessary, will be issued not later than five (5) business days prior to the RFP closing date. Addenda shall be signed by the same individual that signs the Proposal and SHALL BE SUBMITTED with the Proposal or as otherwise directed by instructions printed on the addenda. Proposals received without properly signed addenda may be considered non-responsive. Acknowledgement of receipt of all issued addenda on Proposal Form (required) also satisfies this requirement.

Protests of Addenda

A prospective Proposer may submit a written protest to an addendum within 48 hours by the close of City’s next business day after issuance of the addendum. The written protest shall (1) Sufficiently identify the addendum being protested; (2) Identify the specific grounds that demonstrate how the addenda is contrary to law, unnecessarily restrictive, legally flawed or improperly specifies a brand name; (3) Include evidence or supporting documentation that supports the grounds on which the protest is based; (4) Identify the relief sought; and (5) Include a statement of the desired changes to the addendum that the prospective Proposer believes will remedy the conditions upon which the bidder based its protest. The Owner will not consider a protest to matters not added or modified by the protested addendum. All protests shall be mailed or otherwise delivered to City as described in Section 4.6.

Conformance to Solicitation Requirements

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments shall be submitted with the proposal and in the required format. Failure to comply with all requirements may result in proposal rejection.

Economy of Proposal Preparation

Proposals should be prepared simply and economically, by providing a straightforward, concise description of the Proposer’s capabilities related to specified elements units or services. Proposals should not include any information not specifically identified or specified as a required response.

Execution of the 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

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Submission of Proposal

Proposals may be mailed or hand-delivered to the addresses shown on the cover page and advertisement of this RFP. No oral, telegraphic, facsimile, or email proposals will be accepted.

Proposals will be received until the date and time identified on the cover page and advertisement of this RFP. No late proposals will be accepted.

Note: Proposal format and required content are addressed in SECTION 5 of this RFP.

Modification of Proposal

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 RFP number and closing date and time. Proposers may not modify proposals after proposal closing date and time.

Withdrawal of Proposal

Proposer(s) may withdraw their Proposal, by written notice submitted on the Proposer's letterhead, signed by the Proposer's authorized representative, delivered to the Project Manager. To be effective, the withdrawal must be received prior to closing of the RFP. The Proposer or Proposer's authorized representative may withdraw their Proposal by appearing in person before the Project Manager prior to closing, with presentation of appropriate identification and evidence of authority to make the withdrawal satisfactory to the Project Manager.

Acceptance of Proposal Content

The contents of the Proposal of the successful Proposer(s) will become contractual obligations if acceptance action ensues. Failure of the successful Proposer(s) to accept these obligations in a contract may result in cancellation of the award.

Incurred Costs

Neither the Owner, nor its officers, agents, or employees are liable for any cost incurred by Proposer(s) prior to issuance of an agreement, contract, or purchase order. All prospective Proposer(s) who respond to this RFP do so solely at the Proposer's cost and expense.

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Public Records and Confidentiality of Proposal

By submitting a Proposal, the Proposer(s) acknowledges that information submitted in response to this RFP is open to public inspection under the Oregon Public Records Law, ORS 192.311 through 192.513.

The Proposer(s) are responsible for becoming familiar with and understanding the provisions of the Public Records Law.

Discrimination in Subcontracting Prohibited

Proposer agrees to actively engage with, create a bidding environment that encourages participation in, and not to discriminate against disadvantaged business enterprises, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110.

Access to Records

The Successful Proposer shall maintain all records, and City and its authorized representatives shall have access to all books, documents, papers and records of Proposer which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by City.

Right to Modify Process

The Owner reserves the right to modify the selection process or other aspects of this RFP process at its sole discretion. Any modification or clarification to the RFP shall be posted on OregonBuys.

Disputes

In case of any doubt or differences of opinions as to the items or service to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the Owner shall be final and binding upon all parties.

Resident Proposer

The Owner shall, pursuant to ORS 279A.120, for the purposes of awarding the contract, add a percent increase on the proposal of a nonresident proposer equal to the percent, if any, of the preference given to that proposer in the state in which the proposer resides.

“Resident proposer” means a proposer that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the proposal, has a business address in this state and has stated in the proposal whether the proposer is a “resident proposer”.

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SECTION 5. PROPOSAL SUBMITTAL REQUIREMENTS

Format of Proposals

Proposals should be prepared simply and economically and should provide a straight-forward, concise description of the Proposer's ability to satisfy the requirements of this RFP. The Owner shall not be liable for any expense incurred in the preparation of Proposals.

A. Page Size: Submit on 8.5x11-inch paper with basic text and graphic information. Simple, succinct, and clear responses are preferred. Value is given to short and complete responses vs.

long or cumbersome responses.

B. Page Limitation: The Proposal must not exceed eight (8) total pages single sided, excluding, as applicable, a cover letter, front and back covers, index or table of contents, title pages/separation tabs, and/or appendices. Evaluation is based on completeness and quality vs.

length of responses.

C. Number of Copies: One (1) original wet-signed proposal, four (4) hard copies, and (1) electronic copy on a USB drive.

Required Content

Proposals shall include the following content in the order identified below:

A. Response to all Evaluation Criteria listed in Section 5.3, in the order presented below.

B. Proposal Appendix A: Resumes for all Key Personnel that support their relevant experience. Each resume should not exceed one (1) page.

C. Proposal Appendix B: A completed, signed Proposal Form. A blank copy of the Proposal Form is provided in RFP APPENDIX 1.

D. Proposal Appendix C: A completed, signed Independent Contractor Certification Form. A blank copy of the Independent Contractor Certification Form is provided in RFP APPENDIX 11.

Evaluation Criteria

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

5.3.1 Project Approach

(Maximum Score: 30 Points)

Provide a conceptual description of the Proposer’s approach for managing and performing its services during Phase One and Phase Two of the Project. At a minimum, the following items should be addressed:

A. Discuss how a collaborative relationship with the Owner will be established for Phase One.

B. Describe the process and schedule for the design phase, developing the Design Builder’s Proposal, procurement, construction, and closeout processes.

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C. Explain how you will approach cost estimating, value engineering, and construction to complete the Project within the established budget.

D. Describe your company’s quality control program and describe how it will be implemented in this Project.

E. City’s stated project budget is $500,000. Identify whether the Proposer considers this to be an achievable budget given the scope of Design Builder services and program and schedule identified in this RFP. Describe any program or schedule changes the Proposer would recommend City consider to achieve the desired services within the Design Builder Budget.

5.3.2 Design-Build Team and Key Personnel

(Maximum Score: 20 Points)

A. Describe the composition and organization of the proposed Design Builder team, including Design Builder (Contractor and Architect), and other subcontractors and subconsultants that will be substantially involved in this project. Concisely indicate the roles and responsibilities of each proposed member of the Design Builder team.

B. Provide a list of the Key Personnel proposed for this project. Clearly identify their proposed roles. Include Key Personnel’s relevant experience, with specific examples from similar projects. Submit resumes in Appendix A of your proposal that support the relevant experience of each Key Personnel.

5.3.3 Project Experience

(Maximum Score: 30 Points)

Describe the Proposer’ experience with up to three (3) projects of comparative size and complexity over the last five (5) years. Municipal projects located in Oregon are preferred. At a minimum, provide the following information:

A. Concise description of the project, including location, completion date, and final project budget

B. Indicate whether the project was completed on time and on budget or needed to be revised. Briefly explain the reasons for revisions, and any actions that were taken to bring the project back on schedule and within budget.

C. Name of Owner, Owner’s contact, and current phone number and/or email

D. Indicate which Key Personnel from the proposed Design Builder team, if any, worked on each of the reference projects (including their roles). These team members should be included in the Key Persons list submitted in 5.3.1, above.

5.3.4 Design Fee Proposal

(Maximum Score: 20 Points)

Provide a Fee Proposal for Phase One services on a time and materials cost reimbursement basis up to a maximum not-to-exceed amount. Indicate a breakdown of the costs including a listing of

RFP 2026-06 Water Treatment Plant PLC & HMI Upgrade Page 18 of 26 the types of personnel performing the work, an estimate of their hours and rates charged for their services. Scoring will be based solely on the total maximum not-to-exceed amount.

The Fee Proposal should NOT include reimbursable expenses. A list of reimbursable expenses, and the method of payment of such expenses, is addressed in §2.1.3 of the Contract Form (see

APPENDIX 22).

The Fee Proposal will become the initial contract amount for the awardee with Construct Phase Services being added via a Pricing Amendment if/when applicable.

Note: Formula for scoring Fee Points will be as follows: Lowest Fee will receive full points.

Higher proposed fees will receive proportionally lower points according to this formula: (Low Fee/Fee) x Points Available.

5.3.5 Termination for Default

(Pass or Fail)

Indicate whether the Proposer has 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.

NOTE: If a Proposer has had a contract terminated for default in this period, submit full details including the other party’s name, address and phone number. City will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of past performance.

SECTION 6. EVALUATION PROCESS & DESIGN BUILDER SELECTION

Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least three City employees. The total number of points possible for written proposals is 100.

Review and Acknowledgment of Defective Proposals

Due to limited resources, City generally will not completely review or analyze Proposals, that on their faces, fail to comply with the minimum mandatory requirements of this RFP, nor will City generally investigate the references or qualifications of such Proposals. Therefore, City will not acknowledge whether or not 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.

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Right of Rejection

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

Proposers may not qualify the proposal nor restrict the rights of City. If a Proposer does so, City may determine the Proposal to be a non-responsive counteroffer, and the Proposal may be rejected.

• Minor informalities that may be waived include those that:

o do not affect responsiveness, o are merely a matter of form or format, o do not change the relative standing or otherwise prejudice other offers, o are trivial, negligible, or immaterial in nature, o do not reflect a material change in the work, or, o do not constitute a substantial reservation against a requirement or provision, City reserves the right to refrain from making an award if City determines that to be in its best interest.

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

References

City reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent’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.

City reserves the right to check any and all sources for information and to include sources for information and to include sources other than the references provided in the Proposer’s proposal. City may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents.

Responsibility

City 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 City deems necessary to conduct evaluation. City 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

RFP 2026-06 Water Treatment Plant PLC & HMI Upgrade Page 20 of 26 demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

Clarification of Response

City 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 requests 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.

Interviews

The outcome of the proposal evaluations may result in placement on an interview (short-listed) with time and date of the interview. Should City elect to hold interviews, the total additional points possible for the interview will be 100.

City may invite the two highest-ranked firms to interview. The Firm’s Key Personnel, as identified by City shall be prepared to attend the interview within five (5) business days of notification by City and shall be prepared to answer questions provided with the Interview Invite letter, and questions that will be provided at the time of the interview and discuss the Firm’s proposed project approach.

Finalist Selection

The firm with the highest total 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.

Ties among Proposers

If City 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 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 City 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.

Notice of Intent to Award

All responsive and evaluated Proposers to the formal RFP will be notified of Owner’s intent to award contracts not less than seven days prior to award. The Owner will issue a Notice of Intent to Award based on the results of its evaluation process. The Notice of Intent to Award contracts will be directed to the person who has signed the Proposal on behalf of the Proposer(s).

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Contract Negotiation

City will conduct direct negotiations with the Finalist to finalize the Contract for Phase One Servicers. If City and Finalist are unable for any reason to reach agreement on a Contract within a reasonable amount of time, City shall, either orally or in writing, formally terminate negotiations with the Finalist.

City may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City, City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

Protest Procedures

A Proposer may protest the award of contracts or the intent to award such contracts, whichever occurs first, if the Proposer claims to have been adversely affected or aggrieved by the selection of a Proposer.

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 highest ranked Proposers otherwise are not qualified to perform the services described in the RFP.

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. City will not consider late protests.

B. All protests must be in writing and signed by the protesting party or an authorized Agent. The protest must state all facts and arguments on which the protesting party is basing the protest.

C. Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or City policy shall be considered. Protests based on procedural matters will not be considered.

D. City’s Public Works Director will review the protest and will email and mail the protesting party a written response within three (3) business days of receipt of the written protest to the email and address provided in the written protest. 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 Municipal Court within three (3) business days of issuance of the Public Works Director’s determination (response) by filing a notice of appeal

F. The Municipal Court, in considering the protest, shall review the documentation presented to the Public Works Director within 10 business days of receiving a completed notice of appeal The Court’s 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 City’s public contracting rules. The Municipal Court’s determination shall be City’s final decision.

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An adversely affected or aggrieved proposer must exhaust all avenues of administrative review procedures and relief before seeking judicial review of City’s Consultant selection or Award of Contract decision.

Notice to Proceed

The Finalist shall be given fourteen (14) calendar days to execute the contract and return it to the Owner. Contractual Work may not begin until the Notice to Proceed has been issued. The Notice to Proceed will be issued after execution of the contracts by the Owner. The Notice to Proceed will authorize commencement of the Work based on the contract

SECTION 7. CONTRACT

Contract Form

The Finalist selected by the City will be expected to enter into a written contract in substantially similar form to the one attached to this RFP in APPENDIX 22. The Finalist’s Proposal, by means of an executed Proposal Form, indicates acceptance of the City’s contract provision. Suggested reasonable alternatives that do not substantially impair City’s rights under the contract may be submitted during contract negotiations. Unconditional refusal to accept the contract provisions will result in proposal rejection.

A Proposer may not condition its Proposal on execution of any Agreement it submits. Any such condition shall result in rejection of the Proposal.

Order of Precedence

In the event of conflicts, inconsistencies, discrepancies or ambiguities between or among the Contract Documents, interpretations shall be based on the…