US101/OR540 ADA Curb Ramps (Coos Bay/North Bend), Phase 2 Design Build Project Request for Proposals Key Number K22570/C15578

OREGON DEPARTMENT OF

TRANSPORTATION

US101/OR540 ADA Curb Ramps (Coos Bay/North

Bend), Phase 2

Request for Proposals C#15578

OregonBuys Bid Solicitation #: S-73000-00014433

RFP Release Date: See “Available Date” for this RFP in

OregonBuys.

Pre-Proposal Informational Meeting:

August 14, 2025, 3:00 PM Conducted via teleconference or Microsoft Teams only Join the meeting now +1 971-277-1965,,150478990# This meeting is not mandatory.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWM0Njg3NmEtNmRlMi00ZmVhLThjYWMtZjQ0NzNlZWM2ZWFi%40thread.v2/0?context=%7b%22Tid%22%3a%2228b0d013-46bc-4a64-8d86-1c8a31cf590d%22%2c%22Oid%22%3a%2210b69655-1975-4197-bb7e-d69a57be791c%22%7d tel:+19712771965,,150478990

Key Number K22570/C15578

Oregon Department of Transportation

TABLE OF CONTENTS

1.0 GENERAL INFORMATION

1.01 Introduction

1.02 Project Information

1.03 Project Completion Dates

1.03.1 Interim Completion Date #1

1.03.2 Interim Completion Date #2

1.03.3 Contract Completion Date

1.04 Disadvantaged Business Enterprise (“DBE”), EEO, Affirmative Action, Apprenticeship, Outreach, Recruitment and Retention Plan Requirements

1.04.1 DBE Program Requirements

1.04.2 Affirmative Action and EEO Requirement

1.04.3 Apprenticeship Requirements

1.04.4 Outreach, Recruitment and Retention Plan Requirements

1.04.5 DBE Contract Goals

1.05 Firm Offer

1.06 Proposal Security

1.07 Proposal Stipends

1.07.1 Eligibility

1.07.2 Acceptance of Stipend

1.08 State Buy America Requirements

1.09 Project Wage Rates

1.09.1 Minimum Wage Requirements

1.09.2 Applicable Wages

1.09.3 Wage Rates are Subject to Change

2.0 SOLICITATION PROCESS

2.01 Solicitation Schedule

2.02 Single Point of Contact (“SPC”)

2.03 Requirements Regarding Contact and Communication Regarding Project During Solicitation Process

2.04 Confidentiality

2.05 Communication with Shortlisted Proposers

2.06 Pre-Proposal Informational Meeting

2.07 Submittal Deadlines; Withdrawal and Modification of Proposals

Key Number K22570/C15578

2.08 Requests for Clarification / Requests for Changes to RFP Provisions, Contract Terms or Specifications / Protests of RFP Provisions, Contract Terms or Specifications / Requests for Substitution

2.08.1 Requests for Clarification

2.08.2 Requests for Change of RFP Provisions, Contract Terms or Specifications.

2.08.3 Protests of RFP Provisions, Contract Terms or Specifications

2.09 Changes in Proposer’s Organization after Submittal of its SOQ

3.0 NOT USED

4.0 PROPOSALS

4.01 Public Opening of Proposals

4.02 Price and Technical Proposal Submission Instructions

4.02.1 Technical Proposal:

4.02.2 Price Proposal:

4.03 Price Proposal Instructions

4.04 Technical Proposal Format

4.05 Designation of Trade Secrets, Confidential, Proprietary or Sensitive Information

4.06 Technical Proposal Contents and Available Points

Submit the following:

5.0 RESPONSIBILITY AND RESPONSIVENESS DETERMINATION; SUBSTANTIAL

COMPLIANCE REQUIRED

5.01 Unintentionally Incomplete or Omitted Proposal Responses

5.02 Agency Right to Seek Clarification; Waiver

5.03 Rejection of Proposals

5.04 Cancellation of Procurement

6.0 EVALUATION

6.01 Technical Proposals

6.02 Technical and Price Proposal Scoring

6.03 Evaluation Criteria Weight

7.0 AWARD

7.01 Contract Discussions

7.02 Notice of Intent to Award

7.03 Protest of Award

7.04 Debriefs with Unsuccessful Proposers

7.05 Insurance Requirements

Key Number K22570/C15578

8.0 CONTRACT EXECUTION

8.01 Finalization of the Technical Proposal and Form SP

8.02 Finalization of Contract Documents

8.03 Workers Compensation Coverage

8.04 Required Submittals

8.05 Contract Execution and Delivery of Required Documents

9.0 AGENCY RIGHTS AND DISCLAIMERS

9.01 Agency Rights

9.02 Agency Disclaimers

RFP Attachment A - Forms Form PRC - Certifications and Requirements Form Form KP – Key Personnel Form OEPP Form PP – Price Proposal Signature Page Form SP – Schedule of Prices Form SF - Stipend Form Payment Bond Performance Bond Committed DBE Breakdown and Certification A&E

RFP Attachment B - Design-Build Agreement

Exhibit A-1 – Technical Proposal Placeholder Exhibit A-2 – Form SP Placeholder Exhibit A-3 – Design Units Exhibit B-1 – FHWA – 1273 Required Contract Provisions Federal-Aid

Construction Contracts Exhibit B-2 – On-Site Workforce Affirmative Action Requirements for Women and Minorities on Federal-Aid Contracts Exhibit B-3 – Equal Employment Opportunity Provision Exhibit B-4 – Outreach, Recruitment and Retention Exhibit B-5 – DBE Requirements and Goals Exhibit B-6 – Reserved Exhibit B-7 – Reserved Exhibit B-8 - Apprenticeship Requirements Exhibit C - Project Wage Rates Exhibit D-1 – Payment Bond Exhibit D-2 – Performance Bond Exhibit D-3 – Workers Compensation Coverage General Provisions (DB110 through DB199)

Attachment A – Project Information and Requirements Attachment B – Engineering Data Attachment C – Reference Documents

Key Number K22570/C15578

Attachment D – DB Boilerplate Technical Special Provisions Attachment E – DB Special Provisions

RFP Attachment C – Conflict of Interest (COI) Certification and Disclosure Form

Key Number K22570/C15578

1.0 GENERAL INFORMATION

1.01 Introduction

On March 26, 2025, The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), issued a Request for Qualifications (“RFQ”) for statements of qualifications (“SOQs”) from entities interested in submitting Design-Build Proposals for a Design-Build Contract for the US101/OR540 ADA Curb Ramps (Coos Bay/North Bend), Phase 2 (“Project”) as further described in that RFQ.

On July 17, 2025, the Agency determined a Shortlist of 2 proposers. Proposals are only being invited from those entities that were selected for inclusion on the Shortlist. For the RFQ, the term “Proposer” was defined to mean an entity submitting a Statement of Qualifications to the RFQ. For this RFP, the term “Proposer” means an entity on the Shortlist submitting a Proposal to this RFP.

The intent of the Agency is to utilize a Best Value evaluation to select a Design Builder from responsible Proposers on the Shortlist that submit responsive Proposals and to award a Design-Build Contract. The Agency will utilize a Best-Value selection process in this procurement to award a Contract to the responsible Proposer that demonstrates it can deliver the best combination of price and quality in the design and construction of the Project and submits the highest-scoring responsive Proposal which will include 2 components: a Technical Proposal and a Price Proposal.

1.02 Project Information

This RFP incorporates all information provided in the RFQ, including the Project Information provided in RFQ Sections 1.03, the Conflict of Interest requirements stated in 1.03.7, the Definitions set forth in 1.04, the Governing and Applicable Law, Procurement Authority and Method, and Exemption from Competitive Bidding Provisions set forth in in 2.01, and the Commitment to Diversity, Equity and Inclusion provisions set forth in 2.02, and the Requirements Regarding Contact and Communication Regarding Project During Solicitation Process set forth in 3.02. The scope of work of the project is described in

DB140.

The total number and location of Settlement Curb Ramps included in the Design Build Project is set forth in the Inventory Matrix found in DB Contract General Provisions Attachment A (Inventory Matrix). The Inventory Matrix includes ramp data such as unique ramp ID and location information, number of curb ramps by location, environmental commitments including red truncated domes, and inspection data including reasons for failure.

The project has been broken up into three separate Price Centers based on highway segments in the project limits.

• Price Center A: ODOT Region 3 ADA North Bend OR540, MP 0.05 to 2.24

• Price Center B: ODOT Region 3 ADA North Bend US101, MP 234.88 to 235.60

• Price Center C: ODOT Region 3 ADA Coos Bay US101, MP 237.69 to 239.60

Note: See requirements for Design Units in RFP Section 4.06.c.

Additional ramp data depicting potential design related impacts is found in the Evaluation Matrix found in DB Contract General Conditions Attachment C (Evaluation Matrix). The Ramp Evaluation Matrix includes ramp data such as anticipated potential drainage impact

Key Number K22570/C15578 level, utility conflicts, preliminary potential evaluation of ROW needs, and PCE.

ODOT has conducted preliminary field investigations, preliminary engineering and design work, and local agency coordination. Preliminary field investigations included signal field visits with electricians to identify current signal infrastructure data for existing signals that may be impacted. Notes and photos from these field visits are provided in Attachment C – Reference Documents of the DB Contract.

ODOT has included a No Effect determination as well as identified ramps that have been cleared through NEPA for 100% of the Project Settlement Curb Ramps within the Project limits. The Agency has also included a Programmatic Categorical Environment Approval (PCEA) document for the Project.

ODOT has completed survey resolution establishing the locations of the existing sidewalks relative to the right of way limits in 2021. ODOT is currently acquiring temporary construction easements (TCEs) and permanent easements for the project. The ROW will be available for use on the following dates:

• Group 1 (TCEs): right of way files will be available on March 15, 2026

• Group 2 (Permanent Acquisition/Access Management): right of way files will be available September 15, 2026

• Group 3 (Design-Builder Identified): All additional ROW identified by the Design-

Builder will be available 14 months after the accepted legal description.

See DB Agreement Attachment A-19 Right of Way Inventory Matrix.

ODOT has worked with impacted local agencies where work will be occurring, and the local agencies have been supportive of the Project and the coordination to date. ODOT has also coordinated with local district offices, transit agencies, and other interested parties.

Through the initial coordination, ODOT was able to develop design exceptions for locations that require color tinted concrete in North Bend. While ODOT has maintenance IGAs with the local agencies, additional permits will be required depending on the impact of the work.

Additional files are available in DB General Provisions Attachment A (Project Information and Requirement), Attachment B (Engineering Data/Files) and Attachment C (Reference Documents) as listed in the Table of Contents within the sample DB contract and these files are provided as part of the RFP on ProjectWise. ProjectWise RFP Documents

1.03 Project Completion Dates

1.03.1 Interim Completion Date #1.

The Design-Builder shall complete all Work to be done under the Contract for all Category A Design Units, except for seeding establishment and plant establishment, not later than December 31, 2026.

1.03.2 Interim Completion Date #2.

The Design-Builder shall complete all Work to be done under the Contract for Category B Design Units, except for seeding establishment and plant establishment, not later than October 31, 2027.

1.03.3 Contract Completion Date.

https://pwlink.bentley.com/link?ds=pw.odot.state.or.us%7E3APW_ODOT_PROD&fld=84e77f241d454c799730dc6571d63659&wa=b7ad8faf63f44b8789d7ad83e45f52c2&p=d653b17b134e48afa7f1d3dea53be18f

Key Number K22570/C15578

The Design-Builder shall complete all Settlement Curb Ramps, including Category C Design Units, and any other Work to be done under the Contract, except for seeding establishment and plant establishment, not later than December 31, 2027.

For more information, see DB180.50.

1.04 Disadvantaged Business Enterprise (“DBE”), EEO, Affirmative Action, Apprenticeship, Outreach, Recruitment and Retention Plan Requirements

Design-Builder will be required to comply with various DBE, EEO, Apprenticeship and Outreach Planning requirements set forth in more detail below and the exhibits to the Design Build contract. As part of its Proposal, Proposer will be required to develop and submit a staffing and management plan pursuant to which it will ensure full and continuing compliance with these requirements and satisfaction of associated goals. See DB Agreement Article

11.6 for the implementation requirements associated with the EEO, affirmative action, apprenticeship, outreach and retention, and DBE Program.

1.04.1 DBE Program Requirements.

The DBE requirements of 49 CFR Part 26 apply to this Project. Per CFR 26.53(e) (effective May 2024), in design-build contracting situation, ODOT will set a DBE goal that proposers must meet by submitting a DBE Open-Ended DBE Performance Plan (OEPP) with the proposal. The OEPP replaces the requirement to provide the information applicable to design-bid-build contracts within an RFP.

For this Project, ODOT has determined that it will require a multi-part OEPP with separate design and construction goals, set at 7.5% and 6% respectively. Because the design work for the design phase is sufficiently defined, ODOT will require a traditional commitment plan for the design work goal (named DBEs as per 49 CFR 26.53(b)) and an OEPP for the construction work. See DB Exhibit B-5 for additional information.

Once the design-build contract is awarded, ODOT will provide ongoing monitoring and oversight to evaluate whether the design-builder is using good faith efforts to comply with the OEPP and schedule. ODOT and the design-builder may agree to make written revisions of the OEPP throughout the life of the project, e.g., replacing the type of work items the design-builder will solicit DBEs to perform and/or adjusting the proposed schedule, as long as the design-builder continues to use good faith efforts to meet the goal.

1.04.2 Affirmative Action and EEO Requirement.

The Design Builder will be required to comply with the On-Site Workforce Affirmative Action Requirements for Women and Minorities on Federal-Aid Contracts set forth in Exhibit B-2 and the Equal Opportunity requirements set forth in FHWA Form 1273 (Required Contract Provisions for Federal Aid Construction Contracts) and set forth in Exhibit B-1 and B-3.

1.04.3 Apprenticeship Requirements.

The Design Builder will be required to comply with the Apprenticeship Requirements

Key Number K22570/C15578 set forth in Exhibit B-8. Additional related requirements are found in Exhibit B-2.

1.04.4 Outreach, Recruitment and Retention Plan Requirements.

The Design Builder will be required to comply with the Outreach, Recruitment and Retention Plan requirements set forth in Exhibit B-4 Outreach, Recruitment and Retention.

1.04.5 DBE Contract Goals

The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 apply to this Project. The Assigned DBE Contract Goals are listed below as well as included in Exhibit B-5 of the DB Contract.

This Project has an established a two-part DBE contract goal: A goal for Design Services, and a goal for Construction Services. The goals established are as follows:

a. Assigned DBE Contract Goal for Design Services: 7.5% for DBE participation in the Contract design price items, identified in Form SP, for Design, Quality Management, and Professional Services, and Design Mobilization; all according to the payment terms identified in DB190.10.

b. Assigned DBE Contract Goal for Construction Services: 6% of the Contract construction price items, identified in Form SP, for Construction Services according to the payment terms identified in DB190.10 and not subject to the DBE Assigned Contract Goal for Design Services as described above.

1.05 Firm Offer

All proposals must remain firm and subject to acceptance for one hundred and eighty (180) calendar days after the proposal opening date.

1.06 Proposal Security

No proposal security is required for Proposals for this RFP.

1.07 Proposal Stipends

1.07.1 Eligibility.

Stipends in the amount of $75,000 will be paid to those unsuccessful Proposers that submit a Proposal that is responsive and has received a rating of pass on all “pass/fail” criteria and a quality score of at least 40% of the total available points for the Technical Proposal. No stipend, in any amount, will be paid to Proposers who do not submit a Proposal that meets the foregoing requirements or whose Proposal is determined to be non-responsive, or to Proposers who do not attend mandatory meetings or mandatory oral presentations (if any).

Stipends will be paid after the contract under this solicitation has been executed.

a In Event of Change in Project Scope or other Modification - In the event the

Agency changes the scope of the Project during the procurement, or for any other reason in the Agency's sole discretion, the Agency may in its sole discretion increase or decrease the stipend amount.

b In Event of Cancellation of Procurement:

Key Number K22570/C15578

1 Prior To Proposal Due Date. In the event the Agency cancels the procurement before Proposals have been submitted, Proposers will be afforded an opportunity to deliver to the Agency the work product of their Proposal preparations completed to date, and at Agency’s discretion, attend a meeting to discuss the Proposal preparations. Those Proposers who deliver their work product and attend the associated meeting (if scheduled by Agency) will be paid a portion of the available stipend amount, to be determined in the Agency’s sole discretion, for the work product delivered.

2 After Proposal Due Date. In the event the Agency cancels the procurement after Proposals have been submitted, Proposals will be evaluated to determine responsiveness. Proposers with responsive Proposals will be paid the full available stipend. No stipend will be paid for non-responsive Proposals.

1.07.2 Acceptance of Stipend.

After contract execution, non-awarded Proposers who meet the requirements detailed above can sign and submit the Stipend Form attached to this RFP in Attachment A. By signing and returning this form Proposer accepts the stipend associated with the Proposal process, relinquishes all rights to the Proposal they submitted (including all concepts, ideas, ATCs or information submitted by a Proposer in response to the RFP), and the Proposal will become the property of the Agency.

1.08 State Buy America Requirements

This RFP and any resulting Contract are subject to the domestic preference requirements provided for under ORS 279C.303. Pursuant to ORS 279C.303(2)(a), steel, iron, coatings for steel and iron and Manufactured Products purchased for or used in the Project, and that become part of a permanent structure, must be Produced in the United States. See Form PRC – Consolidated Certifications and Requirements for applicable requirements as well as DB Agreement DB160.20.

1.09 Project Wage Rates

1.09.1 Minimum Wage Requirements

This Project is subject to both federal and State prevailing wage rate requirements. Not less than the higher of the applicable federal or existing State prevailing wage rates shall be paid to workers according to DB170.65(b) and DB170.65(e).

1.09.2 Applicable Wages

Prevailing wage rates published in the following wage determinations and any applicable modifications or amendments apply to this Project and are incorporated by reference:

Key Number K22570/C15578 a U.S. Department of Labor (USDOL), "General Wage Determinations Issued under the Davis-Bacon and Related Acts: Oregon Highway Construction Projects", and b Oregon Bureau of Labor and Industries (BOLI), "Prevailing Wage Rates For Public Works Contracts".

c The applicable federal prevailing wage rates and the existing State prevailing wage rates last published prior to the time of the Proposal due date, which is stated in Section 2.01 of this RFP, apply to this Project.

Wage Rates are Internet-Accessible - ODOT provides the applicable Davis-Bacon and BOLI wage rates, referenced by Price Proposal due date, on the Project Wages web page at:

https://www.oregon.gov/ODOT/Business/Pages/Project-Wages.aspx

1.09.3 Wage Rates are Subject to Change

Modifications or amendments to the Davis-Bacon and BOLI wage rates applicable to this Project may occur any time before Bid Opening. Bidders are responsible to monitor the USDOL website, BOLI website, and the ODOT web page for modifications and amendments up until Bid Opening.

2.0 SOLICITATION PROCESS

2.01 Solicitation Schedule

RFP release date See “Available Date” and time for this RFP in OregonBuys.

Pre-Proposal Informational Meeting See details on the front page of this

RFP.

Deadline for Submittal of Requests for Clarification, Requests for Change, and Protests of RFP, Contract terms and Specifications

10 Calendar Days prior to the “Bid Opening Date” and time for this

RFP in OregonBuys.

Deadline for Submittal of Requests for Clarification, Requests for Change, and Protests of Addenda

3 Calendar Days after date of issuance of Addendum or date specified in Addendum

Technical & Price Proposal Public Due Date and Time

See “Bid Opening Date” and time in OregonBuys Bid Solicitation Page for this RFP.

Public Price Proposal Opening and Best-Value November 10, 2025 at 10:00 AM https://www.oregon.gov/ODOT/Business/Pages/Project-Wages.aspx

Key Number K22570/C15578

Proposer Scoring *See Section 4.01 of this RFP.

Estimated Issuance of Notice of Intent to Award Early December 2025

Deadline for Submittal of Award Protests 7 Calendar Days after date of issuance of Notice of Intent to

Award

Notice to Proceed (see DB130.90) anticipated February 2026

2.02 Single Point of Contact (“SPC”)

See “Purchaser” and “Info Contact” for this RFQ in OregonBuys.

The Agency’s Single Point of Contact (Agency’s Contact) is the single source of information regarding the Contract procurement.

2.03 Requirements Regarding Contact and Communication

Regarding Project During Solicitation Process.

Throughout the solicitation process (starting at publication of RFQ and until execution of the Contract, which is anticipated to be or about the date specified in Subsection 2.01), Proposer must comply with the requirements listed below. Any contact or communication determined to be improper, at the sole discretion of the Agency, may result in rejection of Proposal as not responsible.

a Contact and communications between Proposers and the Agency (including subsidiary agencies and departments) shall only be made by Proposers' designated representatives to the Agency’s SPC and be limited to the communications authorized by the RFP in Section 2.02 or as otherwise set forth in the RFP. The Proposers shall not contact Agency employees, including but not limited to department heads, known members of the evaluation teams or selection committee, or any official who will evaluate Proposals regarding the Project, except through the process identified herein. The Agency will not be bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein.

b No Proposer or any of its team members may communicate specifically about this procurement or the Project with any representative of FHWA, including its staff, advisors, agents, representatives, contractors, or consultants involved with the procurement.

c Proposers shall not contact federal and State regulatory and permitting agencies having jurisdiction over portions of the Work or Project Site, counties, cities, towns, and villages within the State directly affected by the Project, or any other public or private Entities impacted or potentially impacted by the Project, such as political subdivisions, Utility Owners, and Railroads except to obtain information about the Project or Project Area that is otherwise publicly available.

d Proposers shall not contact Native American Tribes (Tribes) directly about this Project without authorization from the Agency. All formal consultation with

Key Number K22570/C15578

Tribes will be conducted by the Agency.

e Proposer may not receiving discuss any aspect relating to the Project or the procurement of the Project with any person or entity presenting an Actual or Organizational Conflict of Interest, including, but not limited to, the Agency retained firms listed in Subsection 1.03.7.(a) of the RFQ and Major Subcontractors or Principal Participants on other Design-Builder teams that are also proposing on this Project. Communications of a general nature among Proposers and team members are allowed during Agency-sponsored workshops and meetings.

f Participation on Multiple Teams. Participation by a Principal Participant or Major Subcontractor (other than the Quality Management Firm) on more than one Proposer’s team is prohibited and cannot be mitigated (notwithstanding 1.03.07(b) of the RFQ).

2.04 Confidentiality

Proposers may be given access to records that are confidential under Oregon Law solely for the purpose of performing the required services under the Contract. The Proposer (which may include Design-Builder’s employees, agents and Subcontractors) shall be required to sign a nondisclosure agreement prior to their receipt of such documents obligating each employee, agent, and Subcontractor to comply with the limitations and provisions of the agreement.

2.05 Communication with Shortlisted Proposers.

The Agency will consider written requests for clarification, change, or protest of RFQ provisions as set forth below and directed to SPC. Where appropriate, ODOT will post in OregonBuys revisions or clarifications by addenda.

2.06 Pre-Proposal Informational Meeting.

Agency will hold a virtual, mandatory Pre-Proposal Informational Meeting for all shortlisted firms at the date and time listed in Section 2.01 and on the Cover Sheet of this RFP.

Proposers are required to attend virtually and are responsible for ensuring their attendance is added to the sign-in sheet.

2.07 Submittal Deadlines; Withdrawal and Modification of

Proposals

The Agency will not consider requests for clarification, requests for change, protests of terms contained in the originally issued RFP, requests for Alternate Technical Concept (ATC) review, Award protests, or any other submittals received by the Agency after the deadline for its submittal. The Agency will not consider requests, protests, or other submittals pertaining to an Addendum after the deadline established in the Addendum.

Proposals may not be modified after submission unless Proposal is withdrawn and resubmitted prior to the Closing date and time.

The Agency will not consider any ATC or Proposal modifications submitted after the applicable Due Date and Time, nor will the Agency acknowledge Proposal withdrawals submitted after the Due Date and Time. Any such attempted late withdrawal will be ineffective.

The Agency will not consider any late Technical or Price Proposals.

2.08 Requests for Clarification / Requests for Changes to RFP Provisions, Contract Terms or Specifications / Protests of RFP Provisions, Contract Terms or Specifications / Requests for Substitution.

All requests and protests permitted under this Subsection must be in writing in the format specified and submitted by email to the Single Point of Contact by the deadlines shown in Section 2.01, as applicable.

2.08.1 Requests for Clarification

Proposers may request clarification of RFP provisions, Contract terms and Specifications that the Proposer considers unclear or incomplete. To be considered, the request for clarification must identify the unclear language or omission, or the specific discrepancies between identified provisions that result in ambiguity, and otherwise comply with the applicable requirements of OAR 731-005-0570. All requests for clarification shall be submitted via email directly to the Agency SPC as listed in Section 2.02. Clarification requests should include Section and subsection references for clarity. No oral requests will be considered.

Answers to questions Agency receives will be posted in OregonBuys to ensure that all Proposers base their Proposals on the same information. Responses to questions provide clarifications and interpretations but do not change RFP requirements. When appropriate, as determined by Agency in its sole discretion, revisions, substitutions, or clarifications of this RFP or attached terms and conditions will be issued as official addenda to this RFP. Changes or modifications to this RFP shall be binding on Agency only if in the form of written addenda published on OregonBuys.

2.08.2 Requests for Change of RFP Provisions, Contract Terms or Specifications.

Proposers may submit a written request for change of RFP Provisions, Contract terms or Specifications setting out the language for which change is sought and indicating the contract number, document title, page, and Subsection where the language is located. To be considered, the request must include the reason for the requested change, supported by factual documentation, and the proposed change, and otherwise comply with the applicable requirements of OAR 731- 005-0570.

Agency approved changes to RFP provisions, Contract terms and Specifications language will be issued by a formal Addendum clearly identifying the change as amending, revising, or modifying the RFP provision, Specification or Contract term or Specification in question.

Addenda, if any, to this RFP will be published in OregonBuys as

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“Amendment”(s). Prospective Proposers are solely responsible for checking OregonBuys to determine whether or not any addenda have been issued.

Addenda are incorporated into the RFP by this reference.

2.08.3 Protests of RFP Provisions, Contract Terms or Specifications.

Any Proposer that believes a RFP provision, Contract term or Specification is unnecessarily restrictive or limits competition may submit a written protest setting out the language for which change is sought and indicating the document title, page, and Subsection where the language is located. To be considered, the protest must include a detailed statement of the legal and factual grounds for the protest, a description of the resulting prejudice to the Proposer if the protest is not granted, and the proposed change, and otherwise comply with the applicable requirements of OAR 731-005-0570.

2.09 Changes in Proposer’s Organization after Submittal of its

SOQ.

All changes in a Shortlisted Proposer’s organization, including to Key Personnel, Principal Participants, or Major Subcontractors as submitted in the SOQ, must be approved by the Agency. Such requests for changes to Proposer’s organization must be approved by ODOT prior to the Proposer submitting a proposal in response to any RFP.

If a Principal Participant, Major Subcontractor, or Key Personnel is being added, deleted, or substituted, the Proposer must submit with any request the same information about the proposed Principal Participant, Key Personnel or Major Subcontractor that was originally required to be submitted in the SOQ and shall submit in writing such additional information as may be required by the Agency to demonstrate that the changed organization still meets the RFQ criteria upon which Shortlist selection was based.

The Agency will have 4 Business Days to approve or reject in writing any such requested substitutions. If no response is provided within 4 business days, the request shall be considered denied.

Requests for additions, deletions, or substitutions solely for the convenience of the Proposer will be denied.

3.0 NOT USED

4.0 PROPOSALS

4.01 Public Opening of Proposals

Proposals will not be accepted after the Closing date/time stated in Section 2.01 or as may be extended by any subsequently issued Addenda. Price Proposals will be sealed until the Public Opening designated in Section 2.01.

The Public Opening of the sealed Price Proposal and announcement of the Apparent Best- Value Proposer is scheduled on the date set forth in Section 2.01 of this RFP. This meeting will be virtual and Proposers are welcome to attend via the MS Teams meeting information below.

Conducted via teleconference or Microsoft Teams only

Key Number K22570/C15578

Join the meeting now Meeting ID: 243 515 804 188 1 Passcode: 9DH2Le9E Dial in by phone +1 971-277-1965,,351077396#

4.02 Price and Technical Proposal Submission Instructions

This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/).

All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website (https://oregonbuys.gov/bso). For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf).

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. ODOT shall not be responsible for defective registration or incorrect vendor information.

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage:

https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

Crosswalk of Terms used in OregonBuys

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 137-046- 0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

Master Blanket Purchase Order (“MBPO”)

Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmFiOTE4MjktYjQ5ZS00YjUyLTlmZTUtNTJlMDNjOTkyMzYz%40thread.v2/0?context=%7b%22Tid%22%3a%2228b0d013-46bc-4a64-8d86-1c8a31cf590d%22%2c%22Oid%22%3a%2210b69655-1975-4197-bb7e-d69a57be791c%22%7d tel:+19712771965,,351077396 https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

Key Number K22570/C15578 purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

Purchase Order Any form of project-specific contract (not awarded under an existing MBPO)

Quote Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

Release Requisition Any form of ordering instrument used under an MBPO; i.e.

Purchase Order, Work Order Contract, etc.

Vendor Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

Electronic Signatures.

By submitting a Proposal to this RFP, the Proposer (and if selected for award, also as the Consultant) agrees with the Agency that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

Required Submittals via OregonBuys

Proposer must complete and submit the following items via OregonBuys before the Bid Opening Date and time specified in OregonBuys for this RFP (submittals by any other means will be rejected):

1) A single PDF file of the Technical Proposal as outlined in RFP Section 4.02.1 below.

2) A single PDF file of the Price Proposal as outlined in RFP Section 4.02.2 below.

4.02.1 Technical Proposal:

a One complete copy of the Proposal in PDF format named with the Proposer’s name along and the name of the Project that includes all information outlined in Section 4.04 and 4.06 below.

Note: The OEPP included with the Technical Proposal should NOT include prices.

b One fully redacted version of the Proposal clearly identified as the redacted version, redacting such information that the Proposer considers as constituting “trade secrets” or “confidential, proprietary information”, or “Sensitive Business, Commercial, or Financial Information.”

4.02.2 Price Proposal:

a One complete copy of following Price Proposal components in PDF format named with the Proposer’s name along and the name of the Project.

1 Form PP, Price Proposal Signature Page

Key Number K22570/C15578

2 Form SP, Schedule of Prices.

3 Final OEPP with prices included 4 DBE Bidder’s List

Per OAR 731-146-0150(4) in the event of a failure of an Electronic Procurement System or electronic mail system that interferes with the ability of Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, ODOT may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System or electronic mail system becomes available.

4.03 Price Proposal Instructions

a Proposers shall complete and submit Form SP in compliance with the following instructions:

1 Proposer shall utilize the Price Centers defined in the Contract and the

Design Units as numerically defined in the Proposer’s Technical Proposal in completing Form SP.

2 Proposer shall provide a lump sum price for each Price Item Value in each Price Item. Construction Price Items should align with the Design Units Price Items for each Price Center. The lump sum price must represent the total price to complete and integrate all Work represented by that Price Item into the Project, inclusive of associated overhead, labor, Materials, Equipment, tools, transportation and Project administration.

4.04 Technical Proposal Format

The Technical Proposal shall be organized into the following separate sections:

Section 1 - Cover Letter and Required Forms (not scored)

• Form PRC – Contractor’s Certifications and Representations

• Attachment C – Conflict of Interest, if applicable

Section 2 - Proposer’s Expertise, Organization and Approach

• Form KP – Key Personnel

Section 3 – Technical Approach Section 4 - Project Scheduling Section 5 - Quality Management Section 6 – Disadvantage Business Enterprise Open Ended Performance Plan

• Form OEPP – Open Ended Performance Plan, prices redacted

• Bidder’s List per 49 CFR § 26.11

Section 7 – Approach and Staffing Plan: DBE, Apprenticeship, and EEO Requirements

Note: Any hyperlinks to external information included in any of the above Sections will not be considered part of the Proposal and will not be evaluated.

The Technical Proposal Sections 1 through 7 (including forms required by those sections) shall be numbered consecutively with page numbers centered at the bottom of each page.

The Technical Proposal shall be limited to a maximum of 40 pages. Any page or partial page with text, graphics, or charts, including résumés, will be counted as one page. Any material

Key Number K22570/C15578 submitted on pages that exceed the maximum page count will not be considered in the evaluation and scoring process.

Proposer shall use forms if provided. For Sections that do not have forms provided, Proposers shall use 8.5-inch by 11-inch page size (format) with a minimum of 12-point black font and a footer including the page number of each page. Required Forms in Attachment A and C do not require page numbers. Submission of technical literature, display charts, or other supplemental materials are within the capability and discretion of the Proposer. The font size limitation does not apply to the font size for graphics, charts, headers, and footers.

The following pages are not included in the page limit:

• Cover Sheet

• Table of Contents or Indexes

• Tabs or Dividers to organize the Proposal (as long as they do not include additional text or graphics)

• Design Unit Ramps List

• All Attachment A - Forms

• Attachment C – Conflict of Interest (COI) Certification and Disclosure Form

• PDF Project Schedule may be prepared on an 11x17” page. The schedule shall be no more than 25 pages.

• Resumes, as required in Section 4.06, limited to a single page per person.

4.05 Designation of Trade Secrets, Confidential, Proprietary or

Sensitive Information The Proposer must identify information in its Proposal that the Proposer considers as constituting trade secrets under either ORS 192.345(2), or 646.461(4) or confidential, proprietary information included if it wishes to protect such information from disclosure either

(a) to other Proposers during the procurement process or (b) to the public as a public record.

In addition to a clean copy of the Proposal, Proposers will also be asked to provide a “redacted Proposal” in which all information it has designated as trade secret and confidential, proprietary information is shown as redacted. The cover sheet in the “redacted Proposal” shall also identify each section and page marked as confidential along with an explanation on the Proposer’s basis for determining that the designated information qualifies as a trade secret under Oregon law.

Proposers are advised that price information submitted in response to an RFP is generally not considered a trade secret under the Oregon Public Records Law (ORS 192.311 through 192.478). Further, submitted information that is already in the public domain is not protected.

The entire Technical or Price Proposal may not be labeled as a “Trade Secret” or “confidential, proprietary.” If a Proposal is entirely or predominately labeled as a “Trade Secret” or “confidential, proprietary”, the Proposal may, in the sole discretion of the Agency, be deemed non-responsive unless the improper designation of trade secret or confidential, proprietary information is corrected within the time (if any) allowed by the Agency.

The State shall not be liable for disclosure or release of information when authorized or required by applicable law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

4.06 Technical Proposal Contents and Available Points

a Section 1: Cover Letter and Required Forms (Cover Letter no more than a single page, not scored) Cover Letter. The Proposal cover letter shall identify a single point of contact for the Proposer and the address, telephone number, and e-mail address to which communications should be directed. Cover Letter should also disclose the use of any AI-generated content (e.g. ChatGPT, Gemini, Copilot) within the Proposal.

If at the time of submission of the RFP, no conflicts exist for the Principal Participants or Major Subcontractors other than those, if any, disclosed at the SOQ stage in accordance with Section 1.03.7 of the SOQ, Proposer shall include a statement to that effect. Alternatively, if the following circumstances exist, Proposer shall include a new COI Form:

1 For each Major Subcontractor or Principal Participant not included at the

RFQ stage 2 For each Major Subcontractor or Principal Participant with changes to its organization or to the COI Form submitted with the SOQ The Certifications and Requirements Form along with any COI forms, must be included with the Cover Letter.

b Section 2: Proposer’s Expertise and Approach for Organization (80 Points)

Submit the following:

1 Submit a comprehensive Project-Wide Organizational Chart (11x17” page allowed for Organizational Chart only), that includes Design, Construction, and Quality Management roles, including all Major Subcontractors, Principal Participants, Key Personnel and any other key roles as identified by the Proposer. Include responsibilities and reporting relationships.

Submit a Key Personnel Form (Form KP).

2 Provide a description of how the team will be set-up to manage area of the Project limits including multiple highways, and Proposer’s approach to navigate the construction of multiple Price Centers and Design Units within the Project area.

3 Describe how the Proposer will meet the requirement in [DB 180.20] that its own organization shall perform Construction Services amounting to not less than 30% of the Construction Services price as set forth in original contract amount.

4 Provide a description of Proposer’s plans and procedures for effective management of Subcontractors within the Project area.

5 Provide a description of Proposers proposed process for managing and tracking submittals, workflow of deliverables, and review and comment times. Describe how the Proposer will update the Agency as the Proposer works through their workflow including how the quality management team will be integrated. If software is being used, provide specifics as to how it is

Key Number K22570/C15578 used and who will have access to it.

c Section 3 -Technical Approach (100 Points) 1 Provide a description of how the Proposer intends to maximize value of the design-build delivery method for the Project, including an overview of its proposed innovation strategies in design and construction.

2 Provide lists of all ramps identified in the Inventory Matrix broken down into Design Units for each Price Center, including the unique ramp IDs (Design Unit Ramps List). Proposer shall develop Design Units to allow for efficient construction packaging and sequencing of construction, considering level of design, right-of-way, utility relocations or environmental clearances for the ramps within with each Design Unit. Each Price Center may have up to 5 Design Units.

Each Design Unit must:

i include a minimum of 15 Curb Ramps Locations;

ii include a maximum of 100 Curb Ramps Locations;

iii have logical termini as defined by federal standards.

iv ensure that each Design Unit does not conflict with CFR 24.102 related to ROW.

v. not mix ramps that fall within different categories as defined in DB 155.04.

Design Units must be developed into the following categories (see also

DB155.04):

Category A: Design Units that meet the conditions listed below for waiver of Interim Design. Category A Design Units are subject to Interim Completion Date #1 (see DB180.50(h)(1)).

• ROW acquisition is not required. (DB174.20)

• All Programmatic Categorical Exclusion Approvals have been completed and no environmental impacts have been identified. (DB141.51)

• Any ADA or General Design Exceptions required for the design solution have already been approved or will have been approved by the date of RFC submission. (DB141.21(c)(4))

• There are no impacts to traffic signals or pedestrian pushbutton

(DB141.25)

• There are no luminaires at the curb ramp locations (DB141.24)

• There are no drainage impacts (DB141.22)

• There are no geotechnical impacts (DB141.12)

• All additional Interim Design items identified in Section DB141 not included in Definitive Design were accepted or not required.

• All Agency Definitive Design Review and Comment have been addressed to the satisfaction of the Agency.

Category B: Design Units that include ramps not otherwise included in Categories A or C. Category B Design Units are subject to Interim Completion Date #2 (see DB180.50(h)(2)).

Key Number K22570/C15578

Category C: Design Units that must only include ramps listed on Attachment A- 19 (Right of Way Inventory Matrix) or ramps involving relocation or replacement of permanent traffic signals. Category C ramps are subject to the Contract Completion Date (see DB180.50(h)(3)).

Proposer shall perform an initial evaluation of potential traffic signal related work that may be required due to the Work required for remediation of Settlement Curb Ramps, including the Signal List – ADA Design-Build Spreadsheet. (Attachment C-

9) and Signal Field Notes – ADA Design-Build Supporting Field Documentation and Photos (Attachment C-10). If Proposer determines that signal relocation or replacement work (including mast arm pole and strain pole replacement) will be required for any curb ramp location, those curb ramps must be included in Category C Design Units.

With respect to ROW, the Agency has identified developed location- specific ROW resolutions for temporary construction easements and permanent acquisitions and those resolutions are in progress (see A19). For those locations, it is anticipated that the resolution will complete on or before the dates shown in the Matrix. Those ramp locations identified in A-19 must be included in Category C Design Units.

The Design Unit Ramps List should be attached to this Section 3 and include, at a minimum, the Unique Ramp ID number, the Design Unit the ramp is located within, and the category for the Design Unit as outlined in DB155.04. Proposer must identify the Design Units by a number to correspond to Form SP of the Price Proposal. The Design Units Ramps List will be incorporated into Exhibit A-3 of the successful proposer’s DB Agreement, following finalization.

3 Include a narrative describing the methodology for developing the Design

Units and how the proposed Design Units will maximize efficiencies and scheduling opportunities. The narrative should include a description of the proposed scale of design for the Design Units and how the scale of design was determined.

4 Describe Proposer’s development of design and construction strategies and which will (i) provide the most efficient use of the Project right-of-way,

(ii) minimize utility impacts, and (iii) conform to NEPA requirements.

Including any potential proposed notable deviations from the Inventory or Evaluation matrices provided related to at a minimum the number of ROW file and NEPA clearances.

5 Outline the approach to minimize temporary traffic control impacts to schedule and cost while minimizing temporary traffic control impacts to the traveling public including how the proposer will commit to an approach that minimizes out of direction travel and minimizes the number of closures…