Bid Notice-Boat Yard Stormwater Improvements Project.pdf

REQUEST FOR PROPOSALS (RFP)

PROFESSIONAL ENGINEERING SERVICES

1. RFP IDENTIFICATION

RFP No.: PBH-ENG-2026-01 Issuing Agency: Port of Brookings Harbor Project Location: Port of Brookings Harbor Boatyard, Brookings, Oregon Issue Date: October 28, 2026 Proposals Due: December 2, 2026, 10am Pacific Time

2. NOTICE TO PROPOSERS

The Port of Brookings Harbor (Port) invites qualified, licensed engineering consulting firms to submit proposals for professional engineering services for the design and permitting of system rated for 85-ton capacity.

This solicitation is issued as a Qualifications-Based Selection (QBS) pursuant to Oregon Revised Statutes (ORS) Chapters 279A and 279C for architectural and engineering services.

3. PROJECT DESCRIPTION

Port intends to modernize and reconstruct its existing boatyard infrastructure to support commercial fishing, marine services, and Port operations. The project generally includes:

Heavy-duty boatyard resurfacing suitable for marine industrial use

Stormwater collection and industrial water quality treatment improvements

Electrical power distribution upgrades and exterior yard lighting

Demolition and reconstruction of a marine travel lift system designed for 85-ton rated capacity

Coordination with the Port operations, tenants, and regulatory agencies designated Coastal Zone and will require coordination with county, state, and federal agencies.

4. PROCUREMENT METHOD AND LEGAL COMPLIANCE

This RFP is governed by ORS 279A and ORS 279C.

Cost proposals shall not be submitted at this stage.

Port will negotiate a contract with the highest-ranked firm.

If negotiations are unsuccessful, Port may terminate negotiations and proceed with the next-ranked proposer.

If this project is funded in whole or in part with U.S. Environmental Protection Agency (EPA) Community Grants assistance (e.g., Congressionally Directed Spending / Community Project Funding), the selected Consultant shall comply with all applicable EPA award terms and conditions and federal assistance requirements, including those summarized below.

Uniform Guidance / EPA assistance regulations: Comply with 2 CFR Part 200 (Uniform

EPA procurement requirements: Support Port in meeting applicable federal procurement standards (including competition requirements, required contract provisions, and documentation/recordkeeping). Where applicable, comply with EPA procurement standards at 2 CFR 200.317 200.327 and EPA supplements at 2 CFR 1500.10 1500.11.

Cost share (recipient responsibility): EPA Community Grants generally include a 20% non-federal cost share requirement unless waived/modified by EPA per the award terms and applicable guidance. The Consultant shall provide budget and documentation support as reasonably needed for compliance.

Build America, Buy America (BABA): For covered infrastructure projects, comply with domestic preference requirements for iron, steel, manufactured products, and construction materials, including documentation and any approved waivers, as applicable.

Davis-Bacon and Related Acts (DBRA): If the project includes EPA-funded construction subject to DBRA, comply with prevailing wage requirements, contract clauses, and related reporting and oversight requirements, as applicable.

American Iron and Steel (AIS) (if applicable): For covered water infrastructure components, comply with AIS domestic sourcing requirements, certifications, and documentation, as applicable.

Environmental review / cross-cutting requirements: Support completion of any required federal environmental review and comply with applicable cross-cutting authorities identified in the EPA award terms and conditions.

Reporting, audits, and access to records: Provide information needed for performance/progress reporting; retain and provide access to records as required; and cooperate with any applicable audit requirements.

5. SCOPE OF SERVICES

The selected Consultant shall provide professional engineering services including, but not limited to, the following tasks:

5.1 Project Management and Coordination

Coordinate with Port staff and reviewing agencies Integrate Port operational requirements and construction phasing needs

5.2 Existing Conditions Assessment

Site visits and condition assessments Review of available as-built drawings and Port records Preparation of an Existing Conditions Technical Memorandum

5.3 Civil and Surface Engineering

Design heavy-duty pavement sections suitable for:

o 85-ton travel lift wheel loads o Boat blocking, staging, and marine maintenance activities

Design demolition limits and construction phasing Incorporate durability provisions for coastal and saline environments

5.4 Storm Drainage and Water Quality

Stormwater collection system design Industrial stormwater treatment compliant with Oregon DEQ requirements Supporting documentation for permitting and Port review

5.5 Electrical Power and Lighting

Evaluation and design of electrical service and distribution Exterior lighting design for safety, security, and operations

5.6 Travel Lift Demolition and Reconstruction

Demolition plans for existing travel lift infrastructure Structural and civil design of foundations, slabs, and ramp for an 85-ton rated travel lift Coordination with travel lift manufacturer design requirements

5.7 Permitting and Environmental Support

Technical support for Curry County land use review Joint Permit Application for USACE, ODSL and ODEQ Oregon DEQ 1200-Z stormwater permit support

5.8 Construction Documents

Civil, structural, and electrical drawings suitable for public works bidding Technical specifications Stormwater treatment calculations and details

Record (as-built) drawings

5.9 Optional Construction-Phase Services

Submittal and shop drawing review Responses to Requests for Information (RFIs) Limited construction observations

6. PROPOSAL SUBMITTAL REQUIREMENTS

6.1 Format and Length

Proposals shall not exceed 30 pages, excluding résumés and required forms.

6.2 Proposal Contents

Proposals shall be organized as follows:

1. Cover Letter

2. Firm Overview and Qualifications

3. Relevant Marine and Port Project Experience

4. Project Team and Key Personnel

5. Project Approach and Understanding

6. Proposed Schedule and Availability

7. References (minimum of three, preferably public owners or ports)

8. Required Certifications and Forms

Proposals must provide all information requested and required under this RFP. Proposals that do not provide all such information may be rejected as non-responsive.

7. SOLICITATION CLARIFICATIONS AND PROTESTS

Informal Questions or Requests for Clarification: Any Proposer requiring clarification of the information provided in this RFP may submit specific questions or comments in writing to the individual listed under Section 16 of this document

. Email is the preferred form of written communication. The deadline for submitting such questions is set forth in Section 9.

Request for Change or Protest of Solicitation or Contract Documents: Any Proposer wishing to protest this RFP or request a change to any provision, specification, or term contained in the solicitation documents, must submit such questions, comments, or protests to the Procurement Contact. The deadline for submitting such protests is set forth in Section 9.

Content of Solicitation Protest/Request for Clarification: The prospective Proposer s written request for change or protest of the RFP must include all of the following and otherwise comply with OAR 137-048-0240(1):

(1) Sufficient information to identify the solicitation that is the subject of the protest or request;

(2) The reasons for the protest or request, including any grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, or is legally flawed;

(3) Evidence or supporting documentation that supports the grounds on which the protest is based; and

(4) 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 or request.

Addenda: If Port determines that a change or clarification to the solicitation documents is necessary, such information, clarification, or interpretation will be supplied in a written addendum, posted and OregonBuys.

Addenda shall have the same binding effect as though contained in this RFP. The title of official in charge of the procurement shall issue all addenda not less than seven days prior to the proposal submission deadline. Unless otherwise specified within an addendum, the Port

Minor clerical errors related to or within addenda issued by Port, including clerical errors acknowledge all addenda.

Statements made by the Port Port unless confirmed by a written addendum.

Extension of Closing: Port may extend the proposal due date and time set forth in Section 9 if it determines an extension is necessary to consider and respond to a properly filed protest under this Section 7.

8. PROPOSAL EVALUATION AND SCORING

Each evaluator will score proposals submitted to Port based on the following criteria:

Written Evaluation Criteria Proposal Phase 1

Relevant Marine / Port Experience Maximum Points Available: 30

Travel Lift & Heavy Industrial Facility Experience Maximum Points Available: 25

Project Team Qualifications Maximum Points Available: 20

Project Approach & Understanding Maximum Points Available: 15

Schedule & Availability Maximum Points Available: 10

Total Points Maximum Points Available: 100

Interview Evaluation Criteria Proposal Phase 2 (if conducted)

A. Proposed Key Staff and Staff Experience; Staff Capacity, Subcontracting

Describe in detail the experience level and capabilities of your key staff those who will be assigned to this project.

Maximum Points Available: 10

B. Engineering Philosophy and Approach

Describe in detail what makes your engineering approach work better than the competition.

Maximum Points Available: 10

C. Integrity and professional ethics.

Integrity is critical to Port. Describe in detail how your firm demonstrates professional ethics over pure profit.

Maximum Points Available: 10

Total Points Available: 30

9. ANTICIPATED SCHEDULE

RFP Issued: October 28, 2026 Questions and Clarification Requests Due: November 16, 2026 Deadline for Protest of RFP: November 25, 2026 Proposals Due: December 2, 2026, by 10 am Pacific time Proposal Review and Scoring: December 3, 2026 Interviews (if conducted): December 9, 2026 Consultant Selection/Notice of Intent to Award: December 9, 2026 Deadline for Filing Protest of Award: December 15, 2026, by 5pm.

Board Approval of selected highest ranked firm: December 16, 2026 Board approval of contract and fee: January 20, 2027

Port reserves the right to modify this schedule.

10 PROPOSAL EVALUATION AND AWARD

The evaluation process of this RFP will be comprised of a

A written proposal.

Interviews (should Port determine they are required).

An Evaluation Committee, consisting of not less than three individuals, will evaluate the proposals.

Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria.

A

11. CONTRACT TERMS

standard professional services agreement, a form of which is attached to this RFP as Attachment A

Consultant must insurance acceptable to Port

Consultant must hold Oregon professional licenses required to perform the scope of services described in this RFP

Consultant must comply with all applicable federal, state, and local laws

12. RESERVATION OF RIGHTS

Port reserves the right to:

Reject any or all proposals

Waive minor informalities or irregularities

Cancel or reissue this RFP

Modify the scope of services

13. SOLICITATION TERMS AND CONDITIONS

14. CONFIDENTIAL INFORMATION

Port is subject to the Oregon Public Records Law (ORS 192.311 to 192.478), which requires Port to disclose all records generated or received in the transaction of Port business, except as expressly exempted under ORS 192.338 to 192.355, or other applicable law.

Pursuant to ORS 279C.107, Port need not open proposals for public inspection until after execution of the contract(s) awarded under this section. Thereafter, Port 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:

o The Proposer must mark all proposal pages containing the records it has determined as confidential under Oregon Public Records Law and must segregate those pages in the following manner:

Such pages must be clearly marked Confidential on each page of the confidential document.

Proposer must separate confidential pages from its other proposal pages by providing the confidential pages to Port in a separate e-mail file attachment.

In its proposal, Proposer must cite the specific statutory exemption in Oregon Records Law exempting such pages from disclosure.

o Proposers may not mark an entire proposal confidential. Should a proposal be submitted in this manner, Port will hold no portion of the proposal as confidential, unless such a portion is segregated as required above and is determined exempt from Oregon Public Records Law.

Notwithstanding the above procedures, Port reserves the right to disclose information that Port determines, in its sole discretion, is not exempt from disclosure or that Port is directed to disclose by the Curry County District Attorney or a court of competent jurisdiction.

Prior to disclosing such information, Port will make reasonable attempts to notify the Proposer of the pending disclosure.

15. PROPOSAL SUBMITTAL INSTRUCTIONS

Proposals shall be submitted by the deadline to:

Electronic Submission:

Gary@portofbrookingsharbor.com

Travis@portofbrookingsharbor.com

OR

Hard Copy Submission by mail:

Port of Brookings Harbor PO Box 848 Brookings, OR 97415

Late proposals will not be accepted.

16. POINT OF CONTACT

All communications regarding this RFP shall be directed to:

Travis@portofbrookingsharbor.com Gary@portofbrookingsharbor.com

- End of RFP-

4923-4766-6128.4 between the Port of Brookings Harbor, an Oregon port organized under ORS Chapter and for follows:

1. Initial Project Information

a. Project Description:

b. Construction Cost Budget:

c. Scheduled Construction Commencement and Completion:

d. This Agreement consists of these Terms and Conditions and the following exhibits:

2.

a. Consultant Representative. Consultant shall identify a representative authorized to act for Consultant on the Project. Owner has the right to review and approve any representative proposed by Consultant, which approval shall not be unreasonably withheld. Consultant shall not appoint a representative to whom Owner has reasonably review and approval. Consultant acknowledges that this Agreement was awarded in part on the basis of the unique background and abilities of the key personnel and subconsultants identified by Consultant. Consultant shall not remove, reassign, or

b. Subconsultants. Consultant shall identify by firm, name, and title the primary subconsultants who will perform the Services under this Agreement. Consultant shall not engage or assign any person or entity to whom Owner has made a reasonable and timely objection. Owner has the right to review and approve any subconsultant substitutions proposed by Consultant. Owner shall not unreasonably withhold its review and approval of these substitutions. Upon Owner request, Consultant shall promptly

c. Conflicts. Consultant represents that Consultant has no existing interest and shall not acquire any interest, direct or indirect, that would appear to interfere in any manner or degree with the performance of the Services under this Agreement and that Consultant shall employ no person having such interest.

d. Insurance. Before beginning the Services, Consultant shall obtain and maintain for the duration of this Agreement all insurance coverages listed in Exhibit I (Insurance Requirements). Maintenance of insurance coverage is a material element of this Agreement and Con evidence of renewal during the term of this Agreement, as required or when requested, may be treated as a material breach.

3.

a. Legal and Policy Compliance. Consultant shall provide the Services described in detail in Exhibit A in accordance with the terms of this Agreement, federal, state, or local law or ordinance, and applicable Owner rules, policies, and administrative directives.

Consultant shall provide the Services so that the Project will be completed as expeditiously and economically as possible within the total budgeted cost to Owner and

b. Standard of Care. Consultant shall perform the Services with skill, care, and diligence in accordance with the standard of care applicable to such Services performed by recognized firms providing similar services in the area and on projects similar to the Project. Consultant shall be responsible to Owner for all Services provided whether provided by Consultant or by subconsultants it engages.

c. Licensing. All persons or entities providing the Services under this Agreement shall be licensed as may be required by Oregon law.

d. Owner-Provided Information. Consultant shall rely on its professional judgment as to the accuracy and completeness of Owner-provided services and information. Consultant shall provide prompt written notice to Owner if Consultant becomes aware of any material deficiencies, errors, omissions, or inconsistencies in Owner services or to complete the Project as programmed.

e. Time Is of the Essence. Time is of the essence in the performance of this Agreement.

Services and shall complete its performance in accordance with Exhibit shall not be responsible for delay in performance to the extent

f. Additional Services. Consultant shall perform only the Services authorized by this Agreement. Additional Services (as defined in Exhibit A) will be compensated only as authorized in writing by Owner. Owner will not pay for Additional Services made necessary by Consultant or any subconsultant mistakes.

g. Approvals; Permits. Consultant represents that it and its subconsultants have expertise and working knowledge of the applicable approval and permit application requirements of any governmental jurisdiction and shall be responsible to provide the Services in the form and at the time required to obtain such approvals or permits. To the extent required by Exhibit A, Consultant shall assist Owner in preparing and submitting any such execute such documents for Owner.

h. Independent Contractor. Consultant shall perform all the Services as an independent contractor. Although Owner reserves the right to set the delivery schedule for the Services and to evaluate quality of completed Services, Owner cannot and will not determine the appropriate means and manner of performing the Services. Consultant, 30.265) and shall have no authority to bind Owner for the payment of any cost or expense without

i. Other Service Providers. Owner reserves the right to enter into other agreements for work additional or related to the Project, and Consultant agrees to cooperate fully with

Consultant shall coordinate its performance under this Agreement with such additional or related work. Consultant shall not interfere with the work performance of any other contractor or Owner employees.

4.

a. Written Information. Unless otherwise provided for under this Agreement, Owner shall provide written information in a timely manner on requirements and limitations on the criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements.

b. Owner Representative. Owner shall identify a representative authorized to act on its will have the sole authority to make decisions for Owner under this Agreement.

c. Geotechnical Services. Owner shall furnish the services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests, and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.

d. Other Consultants. Owner shall coordinate the services of its own consultants with

e. Surveys, etc. Owner shall provide surveys or other property descriptions to describe physical characteristics, legal limitations, and utility locations for the Project site, and a written legal description of the site. The surveys and legal information will include, as applicable, grades and centerlines of streets, alleys, pavements, and adjoining property and structures; locally designated floodplain; designated wetlands; adjacent drainage;

rights-of-way, restrictions, easements, and public utility easements; encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions, and necessary data with respect to existing buildings, other improvements, and trees;

and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. Consultant shall promptly review the information and notify Owner of corrections or additions required.

f. Site Access. Owner shall provide Consultant access to the Project site before the work wherever it is in preparation or progress.

5. Drawings, Specifications, and Other Documents

a. Instruments of Service drawings, specifications, and other documents, including those in electronic form, Consultant will be deemed the author and owner of the Instruments of Service and may retain all common law, statutory, and other reserved rights, including copyrights.

b. Authorized Use. Consultant grants to Owner a nonexclusive, irrevocable, and perpetual constructing, using, and maintaining the Project. Consultant will obtain similar consistent with this Agreement. All copies, including those in electronic form, of drawings, specifications, or other Instruments of Service provided to and retained by Owner under this Agreement will be the property of Owner, and Owner may use them including but not limited to additions to or completion of the Project. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project does not constitute a publication in of this Agreement, the foregoing license shall be supplemented by a second, nonexclusive license permitting Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, make changes, corrections, or additions to the Instruments of Service solely for purposes of completing, using, and maintaining the Project. Notwithstanding any other provision of this Section 5, Instruments of Service may be continuously used for construction of the Project until the Project is complete, regardless of any dispute between the parties, including without limitation any dispute for payment.

c. Changes; Unauthorized Use. Consultant is not responsible for changes to Instruments of liability to Consultant and to the fullest extent permitted by law, including the limitations of the Oregon Constitution and the Oregon Tort Claims Act, Owner agrees to indemnify and hold harmless Consultant and its principals, employees, and subconsultants from and against claims, damages, losses, and expenses (including attorney fees) for personal injury or death or damages to of the Instruments of Service.

d. Records Maintenance. Consultant shall maintain complete and accurate records of all the Services performed and all documents produced under this Agreement for six years after completion or abandonment of the Project. Consultant shall make these records available to Owner upon reasonable notice.

e. Delivery of Project Records of this Agreement for any reason and at no cost to Owner, Consultant shall promptly deliver to Owner all Project records, including all administrative documents produced, compiled, or maintained by Consultant as a part of the Services provided for the Project, including the following:

(i) One reproducible hard-copy set of the construction and permit documents, including the bidding requirements, specifications, and cost estimates for the Project;

(ii) One set of fixed-image CADD files of the drawings that comprise the construction and permit documents;

(iii) One set of nonfixed-image CADD drawing files of the site plans, floor plans (architectural, plumbing, structural, mechanical, and electrical), roof plans, sections, and exterior elevations of the Project; and

(iv) All final or draft studies, reports, calculations, drawings, maps, models, photographs, technology data, and documents prepared by Consultant under this Agreement.

6. Term and Termination

a. Start and End Dates. This Agreement becomes effective on the date of the last authorized signature below. Unless earlier terminated as provided below, this Agreement shall continue through .

b. Convenience any time for its convenience. If Owner terminates for convenience, Consultant may invoice Owner and Owner shall pay all undisputed invoice(s) for the Services notice of termination.

c. Breach. Either party may terminate this Agreement in the event of a material breach by the other. To be effective, the party seeking termination must give to the other party written notice of the breach and its intent to terminate. If the breaching party fails to cure the breach within 15 days of the date of the notice, the nonbreaching party may terminate this Agreement at any time thereafter by giving a written notice of termination.

d. Other. Except as indicated in this section, termination will have no effect upon any of the rights and obligations of the parties arising out of any transaction occurring before the effective date of such termination.

7. Payments

a. Payment Schedule. Owner shall pay Consultant for the Services performed under this Agreement according to the provisions of [attach payment schedule as an exhibit or reference the location of the exhibit].

b. Monthly Invoices. Consultant shall provide Owner with monthly invoices detailing the Services rendered and reimbursable expenses incurred in the preceding month. Invoices shall include itemization of all approved Agreement amendments whether or not they are currently being billed. Consultant expressly waives any right to additional payment

c. Payment Method. Upon work completion and acceptance, invoice approval, and

Services rendered and for reimbursable expenses authorized under this Agreement net 30 days. Owner shall make no of penalty, liquidated damages, or other sums withheld from payments to contractors or on account of the cost of construction changes other than those for which Consultant is liable.

d. Reimbursables reimbursable expenses, expenses pertaining to a change in the Services, and any Services performed on the basis of hourly rates or expense shall be available to Owner sentative at mutually convenient times. Consultant shall save these records for at least three years after final payment.

e. Errors and Omissions; Fee Adjustments. Owner will not pay for any change order fee

Agreement, Owner reduces the Services to be provided under this Agreement.

f. Record Maintenance. Consultant shall maintain complete and accurate records in accordance with accepted accounting practices in the industry. Consultant shall make available to Owner for review and audit all Project-related accounting records and documents, and any other fi submit exact duplicates of originals of all requested records to Owner.

g. Non-Appropriation; Adequate Funding. Owner is prohibited from contracting for the Services for which it has not received appropriated funds. If payment for the Services for such work shall be subject to approval of future Board of Directors appropriations to fund this Agreement. Moreover, continuation of this Agreement at specified levels is each year. Owner reserves the right to adjust the level of the Services provided for in

Directors.

8. Indemnification

a. Claims for Other Than Professional Liability. Consultant shall defend, indemnify, and hold harmless Owner and its officers, agents, and employees from and against all claims, suits, actions, losses, damages, liabilities, and costs, including attorney fees and expenses of whatsoever nature resulting from or arising out of the acts or omissions of Consultant or its subconsultants, subcontractors, agents, or employees under this Agreement.

b. Claims for Professional Liability. Consultant shall indemnify and hold harmless Owner and its officers, agents, and employees from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses of whatsoever nature arising out of the professionally negligent acts, errors, or omissions of Consultant or its subconsultants, subcontractors, agents, or employees in the performance of professional services under this Agreement.

c. Exception. Nothing in Sections 8.a or 8.b insurers to indemnify Owner and its officers, agents, and employees against liability for damages for death or bodily injury to persons or damage to property caused in whole or in part by the negligence of Owner and its officers, agents, and employees. Nothing in the foregoing limits or otherwise affects any requirement in Sections 8.a or 8.b that requires Consultant to indemnify Owner and its officers, agents, and employees against liability for damages for death or bodily injury to persons or damage to property arising loyees, or subconsultants.

9. Compliance with State of Oregon Public Contracting Code

a. Nondiscrimination (Required by ORS 279A.110). Consultant shall not discriminate against a disadvantaged business enterprise, a minority-owned, woman-owned, or veteran-owned business, or an emerging small business certified under ORS 200.055.

Additionally, Consultant must comply with all applicable requirements of federal, state, and local civil rights law and rehabilitation statutes and must not discriminate based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, source of income, or political affiliation in programs, activities, services, benefits, or employment.

b. Tax-Compliance Warranty (Required by ORS 279B.045). Consultant represents and warrants that Consultant has complied with the applicable tax laws of the State of including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318.

Consultant covenants that Consultant will continue to comply with the Tax Laws during the term of this Agreement. Failure by Consultant to comply with the Tax Laws before the execution of this Agreement or during the term of this Agreement is a default for which Owner may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or under applicable law.

c. Payment of Labor (Required by ORS 279B.220 and 279C.505).

(i) Consultant shall make payment promptly, as due, to all persons supplying labor or material to Consultant for the performance of the Services provided for in this Agreement;

(ii) Consultant shall pay all contributions or amounts due the Industrial Accident Fund from Consultant or subconsultant incurred in the performance of this Agreement;

(iii) Consultant shall not permit any lien or claim to be filed or prosecuted against Owner on account of any labor or material furnished;

(iv) Consultant shall pay to the Oregon Department of Revenue all sums withheld from employees under ORS 316.167; and

(v) If Consultant fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to it by any person in connection with this Agreement as such claim becomes due, Owner may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Consultant by reason of this Agreement. The surety, if any, from obligation with respect to any unpaid claims.

d. 279B.230 and 279C.530).

(i) Consultant shall promptly, as due, make payment to any person, copartnership, association, or corporation furnishing medical, surgical, and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Consultant, of all sums that Consultant agrees to pay for the services and all moneys and sums that Consultant collected or deducted from the wages of employees under any law, contract, or agreement for the purpose of providing or paying for the services.

(ii) All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under

ORS 656.126.

e. Hours of Labor; Pay Equity; Salary Discussions (Required by ORS 279B.020, 279B.235, and 279C.540).

(i) Maximum Hours. Consultant shall pay its employees at least time and a half for all overtime worked in excess of 40 hours in any one week and for work

1), Memorial Day (last Monday in May), Independence Day (July 4), Thanksgiving Day (fourth Thursday in November), and Christmas Day (December 25). These requirements do not apply to individuals who are excluded under ORS 653.010 to 653.261 or under 29 USC §§ 201 to 209 from receiving overtime.

(ii) Notice to Employees. Consultant shall give notice in writing to its employees who perform work under this Agreement, either at the time of hire or before commencement of work on this Agreement, or by posting a notice in a location frequented by employees of the number of hours per day and days per week that the employees may be required to work.

(iii) Consultant shall comply with ORS 652.220 (prohibiting discriminatory wage rates based on sex and requiring that employer not discriminate against an employee who is a complainant). Compliance is a material element of this Agreement. Failure to comply is a breach that entitles Owner to terminate this Agreement for cause.

(iv) or another person, and Consultant may not retaliate against an employee who does so.

f. Limitation on Claims and as required by ORS 279C.545, any worker employed by Consultant shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with Consultant within 90 days from the completion of this Agreement, providing Consultant has:

(i) Caused a circular clearly printed in boldface 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the visible to workers employed on the work; and

(ii) Maintained such circular continuously posted from the inception to the completion of this Agreement on which workers are or have been employed.

10. Other Provisions

a. Controlling Law; Dispute Resolution, Venue. Any dispute under this Agreement or related to this Agreement will be governed by Oregon law and subject to litigation in Curry County Circuit Court. If a claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon.

b. Attorney Fees. If a suit or action is filed to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate prevailing party, the prevailing party shall nevertheless be entitled to recover reasonable attorney fees based on the reasonable time incurred.

c. Waiver; Severability. Waiver of any default or breach under this Agreement by Owner will be effective only in the specific instance and for the specific purpose given. Any such waiver does not constitute a waiver of any subsequent default or a modification of any other provisions of this Agreement. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held invalid.

d. Amendments. Any amendments, consents to, or waivers of the terms of this Agreement shall be in writing and signed by the authorized representatives of both parties.

e. Media/Publications. Consultant shall issue no news release, press release, or other statement to members of the news media or any other publication regarding this written authorization. Consultant shall not post or publish any textual or visual representations of the Project without approval of Owner.

f. Nondiscrimination. Consultant shall comply with all applicable requirements of federal and state civil rights law and rehabilitation statutes and shall not discriminate based on race, color, gender, age, religion, national origin, U.S. military veteran status, marital status, sexual orientation, disability, source of income, or political affiliation in programs, activities, services, benefits, or employment in connection with this Agreement.

g. Successors in Interest. This Agreement will bind and inure to the benefit of the parties and their successors and approved assigns, if any. Except as previously disclosed and approved, Consultant shall not enter into any subconsultant agreements for any of the Services or assig written consent.

h. No Third-Party Beneficiaries. Owner and Consultant are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement provides any benefit or right, directly or indirectly, to third persons unless they are individually identified by name in this Agreement and expressly described as intended beneficiaries of this Agreement.

i. Notices and Communications. Notices and communications between the parties to this Agreement must be sent to the following addresses:

Owner Consultant

Name of Port Contact Person Name of Consultant Contact Person

Department Consultant Name

Address Address

Email Email

(i) The party giving notice will provide notice in writing, dated and signed by a duly authorized representative of that party. Notice is not effective for any purpose whatsoever unless served in one of the following manners:

(a) If notice is given by email or personal delivery, it is deemed delivered on the day of delivery.

(b) If notice is given by overnight delivery service, it is deemed delivered one day after the date deposited, as indicated by the delivery service.

(c) If notice is given by United States mail, it is deemed delivered three days after the date deposited, as indicated by the postmarked date.

(d) If notice is given by registered or certified mail with postage prepaid, return receipt requested, it is deemed delivered on the day the notice is signed for.

j. Entire Agreement. When signed by the authorized representatives of both parties, this Agreement (and the attached exhibits) is their final and entire agreement. As their final and entire expression, this Agreement supersedes all prior and contemporaneous oral or written communications between the parties and their agents and representatives. There are no representations, promises, terms, conditions, or obligations other than those contained herein.

[Signatures on following page]

CONSULTANT

Consultant Name

Signature

Date of Signature

OWNER

Port of Brookings Harbor

Signature

Date of Signature

A. SERVICES GENERALLY

1. Instruments of Service. Consultant shall provide such drawings, specifications, reports, illustrations, diagrams, and examples as are required to communicate the scope and nature of the Project for the following purposes:

a.

agencies or affiliates of Owner who may have interest or association with the Project;

b. Obtaining required permits and approvals for the Project; and

c. Delineating the scope of the work for competitive bidding and construction.

2. Consultant Services required for successful completion of the work shall include the following:

Service Description Provided by Required for

Project

Architecture

Civil Engineering

Survey

Geology

Traffic

Planning

Structural Engineering

Mechanical/Plumbing Engineering

Electrical Engineering

Low Voltage

FF&E Design

LEED Certification

Commissioning

Other:

3. Startup. Upon final execution of this Agreement with Owner, Consultant shall:

a. Within the first week following execution of this Agreement, review the proposed satisfaction. Consultant shall also identify milestone activities or dates, specific task responsibilities, and required completion times necessary for the review and approval by Owner and by all regulatory agencies.

b. Review the developed work plan with Owner and its representatives to familiarize them with the proposed tasks and schedule and develop necessary modifications.

4. Scope of Services,. Consultant scope of Services shall be in accordance with the Proposal for Services and shall include the following components (as selected):

SCOPE OF SERVICES

Pre-Design Phase y

Planning y

Programming y

Public/Stakeholder Participation y Cost Estimating y Schematic Design Phase y Design Development Phase y Construction Documents Phase y Permits & Approvals y Bidding Phase y Construction Phase y Record Drawings & Close-Out Phase y Commissioning Assistance y Other Services When needed

5. Pre-Design Phase. Where applicable, Consultant shall perform Pre-Design Services to identify working parameters for the Project, including site and jurisdictional constraints.

Consultant shall:

a.

systems, and site requirements as required to develop the parameters for Schematic Design.

b. Review all data pertinent to the Project including survey, site maps, existing facility plans and specifications, geotechnical reports and recommendations, soil testing results reports, pertinent historical data, and other relevant information provided by Owner.

c. Where applicable, validate existing plans and site conditions for the purpose of preparing as-built drawings of existing facilities where work shall be performed to ensure proper fit between new and existing work.

d. Investigate and review applicable federal, state, local, and Owner standards, codes, and regulations pertaining to the proposed Project, and identify design issues relating to functional opportunities, needs, directives, and constraints imposed thereby. Such investigations shall include but not be limited to energy, historic, and neighborhood association groups who may have jurisdiction over or impact on the Project.

e. Review existing utility connections on site and consult with applicable utility service providers to confirm availability of and identify design issues related to the provision of new, modification of existing, or capping and/or removal of abandoned utilities.

f. Review such other reference information Owner may provide.

6. Planning Phase. Where applicable identify the process by which a Project program or multiple Project programs can be developed. The work may contain individual or multiple sites and may provide provisions for later phases of the design to be completed by separate design consultants.

The work may also include budgetary planning and phasing of individual or multiple Projects.

7. Programming. Where applicable, Consultant shall perform Programming Services to identify working parameters for the Project. Consultant shall identify and analyze functional, design, and operational parameters, and size, scope, and budget requirements an architectural program, in narrative and diagrammatic and consultants and shall be responsible for the work, which shall include the following:

a.

space requirements and relationships, flexibility, expandability, and general site requirements, to establish appropriate guidelines around which and within which the Project will be designed.

b. Review such other reference information Owner may provide.

8. Public/Stakeholder Participation.

a. Consultant shall, in conjunction with Owner, develop and implement a public and internal stakeholder participation program that provides opportunities for Owner to present the Project to stakeholders and to solicit questions, comments, and suggestions in an open and collaborative forum. Project stakeholders may include neighborhood residents, and other stakeholders that Owner may identify.

Consultant shall be responsible to prepare, facilitate, and document the required number of meetings. Following each meeting, Consultant shall prepare a detailed written report of the proceedings, along with recommendations to Owner with respect to follow-up actions or communications, if any.

b. Consultant shall identify each required meeting on the Project Schedule and shall be responsible to prepare documentation of the date, time, and location of the meetings, the names and addresses of attendees, the intended objectives and target audience, commentary/minutes of the discussions, and copies of all presentation and resultant outcome materials.

c. In conjunction with Owner, Consultant shall develop and implement internal Owner stakeholder meetings that provide opportunities to present the Project and to solicit questions, comments, and suggestions staff personnel in an open and collaborative forum during the course of the design. Internal stakeholder meetings will be conducted for the purpose of explaining current design information in light of applicable design standards, and discussion of design components and systems, all to the effect of validating the proposed design as in conformance with the needs of Owner.

9. Construction Cost Estimates. Consultant shall develop and maintain Construction Cost

Services. Consultant shall base all Construction Cost Estimates on the most current architectural program as approved by Owner and shall prepare updated Construction Cost Estimates at the following phases of the Project: end of Schematic Design, end of Design Development, and at 90% Construction Documents, all as provided below. The following conditions apply to each Construction Cost Estimate prepared by Consultant:

a. Base all costs on current price information appropriate to the level of design detail, with escalation rate and duration clearly identified as a separate line item.

Cost escalation rates and projected bid and construction dates shall be as approved by Owner.

b. Present each Construction Cost Estimate in a building systems format (e.g., foundations, substructure, structural system, exterior wall enclosure, window systems, etc.) for new buildings, and summarized by the Construction

c. Include contingencies for design, bidding, and construction as individual line items, with the percentage and base of calculation clearly identified.

d. Include all information are intended to be part of the Construction Cost Budget.

e.

Budget. Where Consultant Cost Estimate exceeds the Construction Cost Budget, Consultant shall at its sole expense provide design scenarios with associated costs that will bring the Construction Cost Estimate within the Budget. Consultant shall be responsible for the accuracy of each Construction Cost Estimate.

B. SCHEMATIC DESIGN PHASE

1. Consultant shall utilize the written and approved program developed as a result of the Pre-Design Phase, or review the architectural program and information furnished by

2.

for the work, Project site, and the proposed procurement or delivery method and other Initial Project Information, each in terms of the other, to ascertain the Project requirements. Consultant shall notify Owner of (a) any inconsistencies discovered in the information, and (b) other information or consulting Services that may be needed for the Project.

3. Consultant shall present its preliminary evaluation to Owner and shall discuss with Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. Consultant shall reach an understanding with Owner regarding the requirements of the Project.

4. Based on the requirements agreed upon with Owner, Consultant shall prepare relationship of the Project components.

5.

Schematic Design shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections, and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing.

6. Consultant shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on schedule, and budget for the cost of the work.

7. Consultant shall consider the value of alternative materials, building systems, and equipment, together with other considerations based on program and aesthetics in and budget for the cost of the work.

a. Consultant shall prepare and submit to Owner a Construction Cost Estimate for the approved Schematic Design Documents, based on area, volume, or similar conceptual estimating techniques and prepared in accordance with the provisions of this Agreement.

b. Consultant shall submit the Schematic Design Documents and the Construction

C. DESIGN DEVELOPMENT PHASE

1.

authorization of any adjustments in the Project requirements or the Construction Cost

The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical, and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications identifying major materials, components, and systems and establishing general quality levels.

2. If Owner elects to proceed with value engineering, Consultant and its subconsultants advising Owner and its value engineer, in good faith, concerning design changes that the value engineer may propose. Consultant shall make such changes as Owner may direct.

Substantia…