Bid Notice-Construction Manager at Risk (CMAR) WLWPCF North Primary Digesters No. 1 and No. 2.pdf

CITY OF SALEM, OREGON

REQUEST FOR PROPOSALS (RFP No. 267073) for

Construction Manager At Risk

(CMAR) Services for the

WILLOW LAKE WATER POLLUTION

CONTROL FACILITY

NORTH PRIMARY DIGESTERS NO. 1

& NO. 2 INTERIOR AND EXTERIOR

COATINGS

Closing Date: August 11, 2026

Closing Time: 2:00 p.m. (local time)

PROJECT MANUAL AND CONTRACT DOCUMENTS

July 6, 2026

CMAR Willow Lake RFP North Primary Digesters

RFP 267073 PN 723103

CITY OF SALEM

REQUEST FOR PROPOSALS (RFP) NO. 267073

FOR CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES

FOR THE

WILLOW LAKE WATER POLLUTION CONTROL FACILITY

NORTH PRIMARY DIGESTERS NO. 1 & NO. 2 INTERIOR AND EXTERIOR

COATINGS

The Contracts and Procurement Manager of the City of Salem on behalf of the City of Salem (“Owner”) will receive sealed Proposals from Proposers interested in acting as a Construction Manager at Risk (CMAR) and providing services and performing Work related to the Willow Lake Water Pollution Control Facility North Primary Digesters

No. 1 & No. Interior and Exterior Coatings (Project). This procurement is conducted in accordance with model rules adopted by the Attorney General under Oregon Revised Statutes (ORS) 279A.065(3).

WORK DESCRIPTION:

The North Primary Digesters at the Willow Lake Water Pollution Control Facility (WLWPCF) consists of two digesters that were constructed circa 1964. The existing structures have experienced deterioration, corrosion and cracking based upon the use and age of the digesters. The project is required to rehabilitate the digesters to maintain service, restore operational reliability, ensure continuous compliance with NPDES permit requirements and other federal, state, and local regulations, and extend the service life of these assets.

Construction of improvements to the existing Project will include:

• Interior cleaning and necessary safety equipment to allow entry for inspection.

• Interior coating inspection, deteriorated concrete and coating removal, cementitious repairs, and application of new corrosion resistant coating.

• Roof/ceiling crack repair.

• Roof coating of the existing facility.

• Repairs of miscellaneous structures and equipment inside the digester.

Improvements will be constructed within the approved budget and according to the approved project schedule.

PRE-PROPOSAL CONFERENCE:

A Mandatory pre-proposal meeting and site tour will be held on July 28, 2026, at 9:00 a.m. The meeting will last approximately 1 hour and will be held at the Willow Lake Water Pollution Control Facility Process Control Building

(5915 N. Windsor Island Road, Keizer, Oregon 97303). A proposal submitted by a Proposer not in attendance at a mandatory pre-proposal conference shall be considered nonresponsive. Statements made by the City’s representatives at the pre-proposal conference are not binding upon the City unless confirmed by an addendum.

Proposals will be received until, but not after 2:00 pm (local time), August 11, 2026. Proposals will only be accepted electronically through Equity Hub’s Bid Locker. NO LATE PROPOSALS WILL BE ACCEPTED.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

You will receive an email confirmation receipt once the submission is finalized.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each

RFP is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the files(s) and your internet connection speed.

Supported web browsers: Google Chrome, Mozilla Firefox, Safari, and Vivaldi. Javascript must be enabled.

Browser cookies must be enabled.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission. The Vendor guide for Bid Locker can be found at Vendor Guide for Bid Locker.

The Work shall require a 100% Performance Bond and a 100% Payment Bond from the CMAR when the Guaranteed

Maximum Price is finalized.

Prospective Proposers may obtain these solicitation documents by registering on the OregonBuys website and downloading them Bidders shall consult the OregonBuys system regularly until closing date and time to avoid missing any notices. Registration on OregonBuys can be done at https://oregonbuys.gov/. The City shall advertise all Addenda on OregonBuys. Prospective proposers are solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. RFP documents will not be mailed to prospective proposers.

As part of the contract requirements, the successful Proposer will be required to comply with applicable federal, state, and local laws.

PREVAILING WAGE RATES: All construction completed as a part of this Project will be subject to the Bureau of

Labor and Industries (BOLI) Prevailing Wage requirements. Any change to the wage rates that is made prior to execution of the CMAR agreement will be in effect for the duration of the Project. The CMAR agrees to be bound by and will comply with the provisions of ORS 279C.800 through ORS 279C.870. Prevailing Wage Rates and necessary forms are available at http://www.oregon.gov/boli/WHD/PWR/Pages/Index.aspx. BOLI prevailing Wage Rates for

Public Works Contracts in Oregon dated July 1, 2026.

No Proposal for CMAR services related to this Project shall be received or considered by the Owner unless the

Proposer has a current, valid certificate of registration issued by the Construction Contractors Board.

The attention of Proposers is directed to the provisions of Chapter 97, Salem Revised Code, concerning unlawful employment practices. Violation of applicable provisions shall be grounds for immediate termination of this contract without recourse by the Contractor.

Any questions, objections to or comments about the RFP requirements and/or process must be submitted in writing to

Shawna Self, Contracts and Procurement Manager, Contracts and Procurement Division, 555 Liberty Street SE, Room

330, Salem, OR 97301 or by email to sself@cityofsalem.net. Shawna can be reached by telephone at (503) 588-6445.

Written comments or e-mails must be received no later than July 30, 2026, at 5:00 p.m. (local time).

The Owner will be the sole judge in determining award of contract and reserves the right to reject any or all Proposals including the requirement to demonstrate the proposer’s responsibility under ORS 279C.375(3)(b).

Human Rights The Owner assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal funds on the grounds of race, color, national origin, sex, age, disability or income, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights

Restoration Act of 1987, the Federal Aid Highway Act of 1973, Age Discrimination Act of 1975, the Americans with

Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Executive Order 12898 and 13166.

Further, the Owner assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Owner program or activity, whether those programs and activities are federally funded or not, on the grounds of race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income.

Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the selected CMAR for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential Subcontractor or Supplier shall be notified by the contractor of the contractor’s obligations under this contract, Salem revised Code Chapter 97, Title VI of the

Civil Rights Act of 1964, and other federal nondiscrimination laws. For a full description of the Owner’s Title VI

Plan, go to http://www.cityofsalem.net.

The Owner is an Equal Employment Opportunity employer. The Owner maintains and operates Americans with

Disabilities Act compliant facilities. Reasonable accommodations and arrangements will be made upon notification to the City Contracts and Procurement Division 503-588-6136.

Shawna Self, NIGP-CPP, CPPB

Contracts and Procurement Manager

RFP No.: 267073

CLOSING DATE: August 11, 2026

CLOSING TIME: 2:00 p.m. (Local Time)

REQUEST FOR PROPOSALS

RFP #267073

FOR CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES

FOR THE

WILLOW LAKE WATER POLLUTION CONTROL FACILITY

NORTH PRIMARY DIGESTERS NO. 1 & NO. 2 INTERIOR AND EXTERIOR

COATINGS

July 6, 2026

Table of Contents

Section 1 Introduction and Background Information

Section 2 Scope of Required Services

Section 3 Information and Instructions to Proposers

Section 4 Proposal Submittal Requirements

Section 5 Evaluation Criteria and Process

Appendix 1 Proposal Form and Statement of Qualifications – City of Salem, CMAR 210

Statement of Qualifications

Appendix 2 Sample CMAR 525 Agreement Contract Form with modifications and Exhibit A

Appendix 3 Sample CMAR 700 General Conditions with modifications

Appendix 4 CMAR 800 Supplementary Conditions of the Construction Manager at Risk

Contract

Appendix 5 CMAR 422 Proposal – Construction Manager at Risk Series

Appendix 6 C610 Performance Bond and C615 Payment Bond

Appendix 7 City of Salem Equal Opportunity Policy for Contractors

Appendix 8 Background Reports Including:

1. North Primary Digesters Record Drawings (CH2M Hill, July 1962)

2. Willow Lake Observation Report Revised (MSC Engineers, October 17, 2022).

3. Ground Penetrating Microwave Radar (GPMR) Imaging & Concrete Testing

Report, City of Salem Willow Lake Sewage Treatment Plant North Primary

Digesters #1 & #2 (GPR Data Inc. Proposal Report 2018-E2040, November 21, 2018) Primary Digesters Column Condition Structural Info. (City of Salem photos, November 2018)

4. Go-Protm Video and Locations corresponding to the videos at the following link:

https://cityofsalem.sharefile.com/home/shared/fo27ff51-d19d-4603-baff-

7ffe91e05ba1

CITY OF SALEM

Construction Manager at Risk (CMAR) Services for

Willow Lake Water Pollution Control Facility North Primary Digesters No. 1 & No. 2 Interior and Exterior

Coatings

SECTION 1: INTRODUCTION AND BACKGROUND INFORMATION

1.1 PURPOSE OF PROJECT

The scope of work consists of construction administration services, design collaboration and the necessary work to rehabilitate the North Primary Digesters at WLWPCF. The Owner determined that an alternative contracting method would allow the necessary collaboration during design and construction along with an accelerated schedule to rehabilitate the structures. The CMAR process employs the Engineers Joint Contract Documents Committee (EJCDC) base document and is similar to the Construction Manager/General Contractor (CM/GC) method. For the purposes of this Request for Proposals (RFP), the terms Designer and Engineer shall be the Design Consultant with their associated design team (Engineer) working to deliver this project to the Owner.

1.2 PROJECT BACKGROUND

Willow Lake Water Pollution Control Facility (WLWPCF) is the primary wastewater treatment facility for the City of Salem. It first went into service in 1964. The facility is located in Keizer, Oregon. The facility processes wastewater from the Cities of Salem, Keizer, Turner and the community of Four Corners.

Over the years, numerous improvements have been made to WLWPCF to improve wastewater quality and the treatment capability. WLWPCF currently includes:

• Wastewater intake screening, and metering facilities.

• Six primary clarifiers.

• Four trickling filters

• An aeration basin

• Five secondary clarifiers.

• Chlorine contact chamber

• Four primary digesters

• Three secondary digesters

• Cogeneration generator with boilers

• Disinfection and de-chlorination facilities.

The total WLWPCF wet weather capacity is 155 million gallons per day; however, the plant’s secondary treatment capacity is currently limited to approximately 100 million gallons per day.

The Engineer’s estimate of construction cost for this work is approximately $2.5 million. Due to the nature of the work and the limited access to the inside of the digesters, the City of Salem determined that this alternative contract method would allow the necessary collaboration during design and construction along with an accelerated schedule for the work necessary to rehabilitate the structures.

The two north primary digesters have been in service since 1964. They have been cleaned on a routine basis with at least one recoating of the interior with regular maintenance completed on the mechanical systems. These digesters are continually in use. The radius of both digesters is 35 feet, with the total height at 33 feet (16'-10" above ground, 16'-2" below ground).

An overview of the existing facilities is provided in five documents titled:

1. North Primary Digesters Record Drawings (CH2M Hill, July 1962).

2. Willow Lake Observation Report Revised (MSC Engineers, October 17, 2022).

3. Ground Penetrating Microwave Radar (GPMR) Imaging & Concrete Testing Report, City of Salem Willow

Lake Sewage Treatment Plant North Primary Digesters #1 & #2 (GPR Data Inc. Proposal Report 2018-

E2040, November 21, 2018).

4. Primary Digesters Column Condition Structural Info. (City of Salem photos, November 2018).

5. Go-Protm Video and Locations corresponding to the videos at the following link:

https://cityofsalem.sharefile.com/home/shared/fo27ff51-d19d-4603-baff-7ffe91e05ba1

On September 27, 2022, Digester No. 1 had some cursory inspections performed to get a brief assessment of the amount of corrosion and coating degradation the digester has experienced following cleaning operations. Videos were recorded at the three hatch and mixer locations at several distances from the openings. Several photos of the digester wall were taken from inside the digester.

The Project includes the cleaning of the digester, inspection, removal of the existing coating, abatement of asbestos material (if needed), cementitious restoration of the walls and ceiling, recoating the interior of the digester, crack repair, coating of the digester roofs, any necessary structural repairs, and repairs to the mechanical mechanisms inside the digester.

The schedule for the improvements is as follows:

• Digester 2 Construction Completion: .................................................................................... October 29, 2027

• Digester 1 Future Construction Completion: ......................................................................... October 27, 2028

The recommended capital improvement projects described above have an estimated total project cost (administration, design and construction) of $4.5 million. The City reserves the right to expand or reduce the scope of the project, the details of which are anticipated to be fully developed during the final design and pre-construction phase of the project.

1.3 PROJECT OVERVIEW

Construction of improvements to the existing North Primary Digesters at WLWPCF will include:

• Digester shutdown coordination

• Digester cleaning and inspection. Inspection cannot occur prior to the scheduled cleaning; the contactor will coordinate inspection with the design consultant.

• Digester repairs, concrete repairs, recoating of the interior of the digesters.

• Crack identification (interior and exterior), crack sealing and coating of the digester roofs.

• Structural and mechanical repairs within the digesters, as needed, following the inspection.

Improvements will be constructed within the approved budget and according to the approved project schedule.

The Owner requests Proposals from qualified firms to provide CMAR services for the construction of improvements at the existing WLWPCF. The Owner is issuing this RFP for the purpose of negotiating a contract for construction.

The selected CMAR will first participate in the design via a Pre-Construction Services contract. The Design Team is led by Tetra Tech and includes their sub-consultant team.

1.4 PROJECT PHASING

The improvements are planned to be constructed in phases. The first phase of construction as described in the Project

Overview will include only North Primary Digester No. 2 to be completed by October 29, 2027. As the digesters are an integral part of the operation of WLWPCF, only one digester can be taken down at a time.

The future phase of work will include a similar scope of work for the North Primary Digester No. 1, to be funded in

2028 and completed by October 27, 2028. Both phases of work are intended to be funded within the existing $4.5 million secured for the project.

The Project may include the following improvements in the future phase of work if additional funding is secured:

• Replacement of the mixers

• Electrical upgrades

SECTION 2: SCOPE OF REQUIRED SERVICES

2.1 OVERVIEW OF REQUIRED SERVICES

Once the construction work is included in the contract and authorized by the Owner to be performed by the CMAR, the CMAR must provide a performance bond and payment bond each in the full amount of the Guaranteed Maximum

Price (GMP). In the event an amendment to the CMAR contract is made so that the GMP must be increased, the performance bond and the payment bond must each be increased in an amount equal to the increased GMP. The Owner will not pay any amount that exceeds the GMP specified in the contract unless the amount results from material changes to the scope of work set forth in the contract and parties to the contract agree in writing to the material changes.

The construction contractor shall have a public works bond filed with the Construction Contractors Board prior to starting work on the project, in accordance with ORS 279C.836. Additionally, the construction contractor shall include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction

Contractors Board before starting work, in accordance with ORS 279C.836.

The following provides an outline of services to be provided by the CMAR:

Pre-Construction Services: Pre-Construction services will be performed by the selected CMAR under an EJCDC-based agreement to be negotiated with the Owner (see Appendix 2 − Sample CMAR525 Agreement and Appendix 3

− CMAR700 General Conditions). The CMAR will join the Design Team after the design process is underway. During the Pre-Construction Phase, the CMAR will work with the Design Team to analyze the design documents for constructability, bid readiness, potential time savings, and opportunities to add value and reduce costs. The CMAR will work with their sub-contractors as required to complete the design review. The review summary will be provided in a formal list of comments that are reviewed and discussed with the Owner and the Design Team. For the purpose of developing a pre-construction services fee proposal assume the following:

• Design Submittals will Be Provided at 50%, 90% and 100%.

• Cost Estimates and Schedule Updates shall be Developed for Each Design Submittal listed above. This includes the GMP and Final Schedule at 100% Submittal.

• Monthly In-Person Project Meetings will Be Held During Pre-Construction.

• Approximately Ten Additional Meetings and Workshops will be Held During Pre-Construction.

Scheduling: The Design Team will provide design documents at the milestones described above (50%, 90% and

100%). The Design Team’s initial project schedule will show programming and design phases, identify critical milestone dates, and note what decisions are needed to be made by the Owner. The CMAR will work closely with the

Design Team to update and finalize the schedule to show activities necessary to complete all aspects of the design and construction through final certificate of occupancy. The CMAR will utilize their experience in combination with any subcontractors that are part of their team to identify long lead items and critical path tasks leading to project start-up and completion. The CMAR will implement a computerized, critical path scheduling system for use during the pre-construction and construction phases.

Cost Estimating: The Design Team will provide a baseline budget estimate in Uniformat system-based format. The budget estimate will establish target values for all project elements. The CMAR will provide full Project cost estimates in parallel with the Design Team’s independent cost estimator at critical points during the design phase including 50%, 90% and 100% Construction Document completion. The CMAR will provide the estimate in identical format

(Uniformat systems based estimate) created by the Design Team to allow efficient review, translation and resolution of cost and scope assumptions. The CMAR will provide recommendations to the Design Team for keeping costs within the established target values and Project budget. This will include value engineering recommendations, life cycle costs, and updates to the cost estimate at appropriate points during the pre-construction phase. The CMAR will participate in reconciliation sessions with the Design Team’s cost estimator after the 50%, 90% and 100% submittals to establish consensus and agreement on appropriate cost and quality assumptions for each system and target value.

The CMAR will utilize their experience and available subcontractor input to establish their estimates for all project elements. They will establish budget line items for portions of Work at 50% and 90% even though the design of some elements of the work will not yet be complete.

Bidding and Contract Negotiation: In coordination with the Owner and the Design Team the CMAR will establish a GMP for the construction contract based on the 100% design submittal. The CMAR will establish and implement a process to solicit competitive subcontractor bids for all of the Work in conformance with Owner requirements. The bid process will be designed to encourage maximum participation by local business enterprises, subcontractors, vendors, and labor resources. Any savings the CMAR realizes in performing the public improvement contract will accrue to the Owner. Note that the CMAR can self-perform no more than 40% of the work and shall provide detailed breakdowns of subcontractor/supplier quotes and self-performed estimates that include man-hours/unit costs/etc. and justification for contingencies (if applicable) to allow the Owner to verify costs are competitive and fair.

All construction completed as a part of this Project will be subject to Oregon State prevailing wage requirements

(BOLI) as specified in this document. The applicable OAR section 839-025-0020 for determining the BOLI wage rate is attached as Appendix 7. Any change to the wage rates that is made prior to execution of the CMAR agreement will be in effect for the duration of the Project.

Constructability Review: Perform formal constructability reviews at each design milestone. The CMAR shall provide written comments and recommendations for review by the Engineer and Owner to improve constructability, reduce risks, and enhance value. The CMAR shall perform value-engineering workshops with the Owner and

Engineer.

Construction Period: Refer to the Master Schedule (Appendix 6) for schedule details. The CMAR will complete the

Work according to the construction documents. The project’s “critical path” schedule developed by the CMAR will be guaranteed by the contract between the Owner and the CMAR. The subcontracts will be between the CMAR and the subcontractors. The contract and/or subcontracts will contain liquidated damages provisions, in the event of late completion.

The CMAR shall hold construction meetings and prepare monthly progress reports, including but not limited to photos, construction schedule, and financial summaries that are to be distributed to all recipients agreed upon by the Owner, and the Design Team.

The CMAR shall prepare a comprehensive permit management schedule to support the administration of the project’s

“critical path” schedule. The CMAR shall also be responsible for obtaining and administering necessary permits plus testing and inspections for project Work outlined in the Scope of Work that will be developed in detail with the selected

CMAR.

Project Close-Out: Before final inspections, the Owner and the Design Team will create a punch list that will be provided to the CMAR. The CMAR will maintain all relevant Project archive records on behalf of the Owner including but not limited to, as-built drawings, specifications, submittals, inspection reports, and related information. Upon completion of construction, the CMAR will provide Project record drawings, field order and change order records, technical submittals, testing and inspection reports and operating manual supporting documents to the Owner. The

CMAR’s submittals will be assembled in an organized fashion and turned over to the appropriate Owner representative. Where commissioning requires operating performance of the completed facility to specified levels, these shall be measured and documented with the Owner, and other appropriate Design Team members present.

The Design Team will develop the Operations and Maintenance Manual but the CMAR will provide documentation to the Design Team that supports development of the manual. This includes all warranty information. The Operations and Maintenance Manual is an invaluable asset to the property's maintenance personnel and will assist in development of a preventive maintenance program. It is also an opportunity to clarify manufacturer and vendor warranty provisions as well as the CMAR’s responsibilities.

SECTION 3: INFORMATION AND INSTRUCTIONS TO PROPOSERS

This section contains administrative and procedural information and instructions for preparation and submittal of the

Proposal.

Note: This RFP process offers several opportunities for prospective Proposers to submit formal protests in accordance with Section 3, subsection 3.3 – Protest of Solicitation Document and the Procurement Process. Filing a protest with

Salem requires submitting $500.00 with the formal written protest. Proposers wishing to submit objections to or comments on RFP specifications of a non-protest nature, must submit them in writing to the office of the Contracts &

Procurement Division, 555 Liberty Street SE, Room 330, Salem, OR 97301. They must be received no later than July

30, 2026, at 5:00 p.m. (local time). There is no fee for filing objections to or comments on RFP specifications of a non-protest nature.

3.1 QUALIFICATIONS REQUIREMENTS

Each Proposer shall respond to the Proposal requirements as presented in Section 4, 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.

3.2 PRE-PROPOSAL INTERPRETATION OF CONTRACT DOCUMENTS AND REQUESTED

CHANGES

Technical questions relating to the RFP process should be directed in writing to Shawna Self, Contracts and

Procurement Manager, Contracts and Procurement Division, City Hall, Room 330, 555 Liberty Street SE, Salem, Oregon 97301, or by email to sself@cityofsalem.net. Shawna can be reached by telephone at (503) 588-6445.

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 document must submit to the Contracts and Procurement Manager of the Owner a written request for a clarification or interpretation thereof by 5:00 p.m.

(local time), July 30, 2026. Any clarification or interpretation 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.

Any person who contemplates submitting a Proposal in response to this RFP and who wishes to have the Owner consider a change in any part of the RFP document must submit to the Contracts and Procurement Manager of the

Owner a written request for a change or substitution by 5:00 p.m. (local time), July 30, 2026. The request must include the proposed change and the reason for the change. Protest against award based on the specifications or other content of the RFP will not be considered after this time. Changes to this RFP document shall only be by written addenda.

3.3 PROTEST OF SOLICITATION DOCUMENT AND THE PROCUREMENT PROCESS

A prospective Proposer may protest the procurement process or the solicitation document for a contract. A prospective

Proposer must deliver a written protest to the Contracts and Procurement Manager (555 Liberty Street SE, Room 330, Salem, Oregon 97301) no later than 5:00 p.m. (local time), July 30, 2026. The prospective Proposers shall indicate the reasons for the disagreement through a written protest and shall include 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.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest.

3.4 EXECUTION OF THE PROPOSAL

The Proposal shall be executed in the name of the Proposer(s) followed by the signature of the officer authorized to sign for the printed or typewritten designation of the office held.

If the Proposal is made by a partnership, it shall be executed in the name of the partnership followed by the signature of an authorized partner.

If the Proposal is made by a Limited Liability Company (LLC), it shall be executed in the name of the LLC followed by the signature of the authorized member(s) or manager(s) authorized to sign for the LLC and the printed or typewritten designation of the office held in the LLC.

If the Proposal is made by a corporation, it shall be executed in the name of the corporation followed by the signature of the officer authorized to sign for the corporation and the printed or typewritten designation of the office they hold in the corporation.

If the Proposal is made by a joint venture, it shall be executed by each participant of the joint venture.

3.5 SUBMISSION OF PROPOSAL

One (1) signed (preferably signed in blue ink) original PDF Proposal submitted electronically via Equity Hub’s Bid

Locker at https://bidlocker.us/a/salem_or/BidLocker, but not after 2:00 p.m. (local time) August 11, 2026. There will be no formal opening. The Owner will not accept proposals in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

The Owner accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause.

Each Proposal is instantly sealed and will only be visible to the City after the closing date and time.

Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed.

You will receive an email confirmation receipt once you finalize your submission.

Supported web browsers: Chrome, Firefox, Safari, and Vivaldi.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission.

The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

3.6 RESPONSE DATE

Delivery in the manner stated herein and completeness of submittals as required by this RFP shall be solely the responsibility of the Proposer(s). Submission of Proposals or additional information offered after the closing date and time shall not be accepted or considered.

3.7 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 Contracts and Procurement Office. To be effective, the withdrawal must be received prior to closing. The Proposer or Proposer's authorized representative may withdraw their Proposal by appearing in person before the Contracts and Procurement Manager prior to closing, with presentation of appropriate identification and evidence of authority to make the withdrawal satisfactory to the

Contracts and Procurement Manager. The Proposer(s) shall mark a written request to withdraw its Proposal as follows:

“Proposal Withdrawal - RFP #267073.

3.8 NOTICE TO PROCEED

The successful Proposer shall be given ten (10) 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.

3.9 RIGHTS OF CITY OF SALEM TO AWARD OR REJECT PROPOSALS

The RFP does not commit the Owner to award or enter into a contract or service agreement. Under no circumstances will the Owner pay the costs incurred in the preparation of a response to this request. The Owner reserves the right to:

• Accept or reject any or all Proposals or any portion thereof received as a result of this RFP.

• Negotiate with any Proposer(s).

• Accept a Proposal and subsequent offers for contract from other than the lowest cost proposed.

• Waive any immaterial defects and irregularities in Proposals and to waive or modify any irregularities in Proposals received, after prior notification to the Proposer(s).

• In determining the most responsive Proposer(s), take into consideration any or all information supplied by the Proposer(s) in the Proposal and the Owner’s investigation into the experience of the

Proposer(s). In addition, the Owner may accept or reject Proposals based on minor variations from the stated specifications and when such action is deemed to be in the Owner’s best interest.

• Negotiate a final scope and price with the selected Proposer(s) that may differ in some respects from this RFP.

• To seek clarifications of each Proposal. Clarifications shall be submitted in writing and signed by the Proposer. Any such clarifications shall become part of the Proposer’s Proposal.

• If Proposer(s) chooses to participate in negotiations, they may be asked to submit additional information, or other revisions to their Proposal as may be required.

• Consider Proposal modifications received at any time before the award is made, if such action is in the best interest of the Owner.

• To negotiate a final contract that is in the best interest of the Owner. The successful Proposer(s) shall commence services only after a contract or agreement with the Owner is fully executed and the Owner has issued a “Notice to Proceed.”

3.10 ANTICIPATED SCHEDULE: The Owner will conduct the procurement in accordance with model rules the Attorney General adopts under ORS 279A.065. (The Owner reserves the right to change the below schedule):

July 6, 2026 .................................................................................................... Begin RFP Solicitation

July 28, 2026 ............................................ Mandatory Pre-Proposal Meeting at 9:00 am (local time)

July 30, 2026 ............................... Questions/Change Requests to the Owner at 5:00 pm (local time)

August 3, 2026 ............................................................................................ Owner Issues Responses

August 11, 2026 .............................................................RFP Closing Date @ 2:00 p.m. (local time)

September 1, 2026 ................................................................................................... Finalists Selected

September 14, 2026 ........................................................................................ Interviews (If Needed)

September 22, 2026 ...................................... Notice of Intent to Award Contract (Anticipated Date)

October 20, 2026 ...................................... Pre-Construction Services Agreement (Anticipated Date)

Note: 30 days after the pre-construction services agreement the City will meet with proposers that the City did not select for the public improvement contract, if a proposer requests a meeting to discuss the procurement with the project manager.

3.11 OWNER’S ADVISOR/PROJECT MANAGER

The Owner’s Advisor / Project Manager for the services required within this RFP will be Troy Thomson, PE, City of

Salem Public Works, Senior Project Manager. Note that all communication with the City prior to July 30, 2026, will be directed to Shawna Self, Contracts and Procurement Manager, Contracts and Procurement Division, City Hall, Room 330, 555 Liberty Street SE, Salem, Oregon 97301.

3.12 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.

3.13 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.

3.14 PROTESTS OF ADDENDA

A prospective Proposer may submit a written protest to an addendum within 48 hours of the close of the 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. Protests shall be delivered to the Contracts and Procurement Division, 555 Liberty Street SE, Room 330, Salem, Oregon 97301.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the

3.15 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.

3.16 PUBLIC RECORDS AND CONFIDENTIALITY OF PROPOSAL

This Request for Proposal and one copy of each original response received, together with copies of all documents pertaining to the selection of the successful Proposer(s) and execution of a copy of the executed agreement, shall be kept for the Owner by the Contracts and Procurement Division for a period of five years and made a part of a file or record which shall be open to public inspection.

A. Public Records. 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 192.410 through

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

Records Law.

Note: Under no circumstances will any Proposal information be disclosed by the Contracts and Procurement

Division prior to receiving a written recommendation to award from the City Manager.

3.17 HUMAN RIGHTS

The Owner assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal funds on the grounds of race, color, national origin, sex, age, disability or income, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights

Restoration Act of 1987, the Federal Aid Highway Act of 1973, Age Discrimination Act of 1975, the Americans with

Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Executive Order 12898 and 13166.

Further, the Owner assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Owner program or activity, whether those programs and activities are federally funded or not, on the grounds of race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for Work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Salem Revised Code Chapter 97, Title VI of the

Civil Rights Act of 1964 and other federal non-discrimination laws.

As required by ORS 279C.520, successful Proposer shall comply with ORS 652.220 and shall not discriminate against any of successful Proposer’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class. Commencing on January 1, 2019, successful Proposer must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of successful Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Successful Proposer’s compliance with this section constitutes a material element of the Agreement and a failure to comply constitutes a breach that entitles the City to terminate the Agreement for cause. Successful Proposer may not prohibit any of successful Proposer’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Successful Proposer may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

3.18 DISCRIMINATION IN SUBCONTRACTING PROHIBITED

Further, Proposer agrees 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.

3.19 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).

3.20 PROTEST OF INTENT TO AWARD

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. The Proposer must deliver the written protest to the

Contracts and Procurement Division within seven (7) days after issuance of the Notice of Intent to Award the contract or if no Notice of Intent to Award is issued, within forty-eight hours after award. A Proposer’s written protest shall specify the grounds for protest to be considered by the Owner pursuant to ORS 279B.410 (2). The Contracts and

Procurement Manager shall not consider a Proposer’s contract award protest submitted after the above timeline.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the

3.21 INCURRED COSTS

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.

3.22 NO WARRANTY

All facts and opinion stated within this RFP and all supporting documents and data are based upon information available from a variety of sources. No representation or warranty is made with respect thereto.

3.23 RIGHT TO AUDIT

The successful Proposer(s) shall maintain financial records and other records as may be prescribed by the Owner or by applicable federal and state laws, rules, and regulations. The successful Proposer(s) shall retain these records for a period of five years after final payment, or until they are audited by the Owner, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent five-year period for examination, transcription, and audit by the Owner, its designees, or other authorized bodies.

3.24 ACCEPT OR REJECT PROPOSALS

The Owner reserve the right to accept or reject any or all Proposals in response to this RFP without cause or to delay or cancel this RFP process without liability to the Owner if they determine it is in the public interest to do so.

3.25 ADDITIONAL INFORMATION

The Owner reserves the right to request additional information following their initial review of the Proposal documents that they deem reasonably necessary to evaluate, rank, and select the most qualified Proposer(s). The Owner staff may conduct a review and verification of confidential information with staff and consultants.

3.26 RIGHT TO MODIFY PROCESS

The Owner reserve the right to modify the selection process or other aspects of this RFP process at its sole discretion.

The Contracts and Procurement Division will take reasonable steps to ensure that any modification or clarification to the RFP shall be posted on OregonBuys.

3.27 DEBARMENT OF PROPOSER

The Contracts and Procurement Manager may debar prospective Proposers from consideration for contracts for a period of not more than three years if:

A. The prospective Proposer has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contractor subcontract or in the performance of such contract or subcontract;

B. The prospective Proposer has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that currently, seriously and directly affects the prospective Proposer’s responsibility as a contractor;

C. The prospective Proposer has been convicted under state or federal antitrust statutes;

D. The prospective Proposer has committed a violation of a contract provision and debarment for such a violation was listed in the contract terms and conditions as a potential penalty. A violation may include, but is not limited to, a failure to perform the terms of a contract or an unsatisfactory performance of the terms of the contract. A failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment; or

E. The prospective Proposer does not carry workers’ compensation or unemployment insurance as required by applicable law.

The Contracts and Procurement Manager shall give written notice of the reasons for the debarment and the proposed length of debarment to the person for whom debarment is being considered. The Proposer shall be given not less than fourteen (14) days to respond to the Contracts and Procurement Manager in writing. The Contracts and Procurement

Manager shall issue a written decision that states the reason for the action taken and that informs the Proposer of the

Proposer’s appeal rights.

3.28 PROPOSALS SUBMITTED BY CITY OF SALEM EMPLOYEES PROHIBITED

The Owner will not purchase any goods or services from City of Salem employees unless City Council expressly authorizes the purchase or the purchase is necessary during a state of emergency and the City Manager approves the purchase.

3.29 COLLUSION

By submitting a Proposal, the Proposer thereby certifies that no officer, agent, or employee of the Owner has a pecuniary interest in the Proposal; that the Proposal is made in good faith without fraud, collusion, or connection of any kind with any other…