City of Manzanita Classic Street Road and Stormwater Improvement and Water Main Extension RFP 080124.pdf

Request for Proposals

For

Classic St Road and Stormwater Improvements and Water Main Extension

Issue Date: August 1st, 2024 Proposal Due Date: August 22rd, 2024 5:00PM

City of Manzanita PO Box 129

Manzanita, Oregon 97130 503-812-2514

City of Manzanita— Classic St Road and Stormwater Improvements and Water Main Extension

The City of Manzanita (“City”) is soliciting proposals from qualified firms to provide professional engineering services and construction administration of the Classic Street Road and Stormwater Improvement and Water Main Extension.

The City’s expectation of any consultant City contracts with is that the consultant’s values align with the City’s values of highly ethical conduct, fiscal responsibility, respect for City and others, and responsiveness to City’s customers.

The RFP documents may be obtained and viewed from the City’s website, https://ci.manzanita.or.us, or Oregon Buys, the State of Oregon’s procurement system.

City will hold a preproposal meeting on August 14th 2024 at 10am via Zoom https://us02web.zoom.us/j/88604523462?pwd=aMZvbhr5wgdsugGbjGbXdBr0ZVdmqc.1 Password 487597.

Attendance at this meeting is mandatory. An on-site meeting will be held August 15th 2024 at 3:00pm at the intersection of Classic St and Dorcas Ln. and is not mandatory but is strongly encouraged. Prequalification is not required. Statements made by City’s representatives at the preproposal meeting are not binding on City unless confirmed by written addendum.

Successful proposers will be asked to sign a Professional Services Agreement with City. A sample of the agreement is attached as part of the RFP documents (see Exhibit C to the RFP). The sample agreement requires specific levels of insurance, a Manzanita business license, and a tax identification number (such requirements are in addition to the proposer minimum requirements set forth in this RFP). Proposers must evaluate this sample agreement and agree with the terms and conditions contained therein unless written objections are included as an addenda with their proposal. City will review the addenda and content of any such objection in the proposal evaluation process. Objections after the awarding of the contract will not be considered and are grounds for subsequent denial of the contract.

Proposals shall be submitted either in a sealed envelope or by email plainly identifying the RFP to which the proposal responds and the proposer’s name and address. Proposals shall be delivered to The City of Manzanita, Leila Aman, City Manager, PO Box 129 Manzanita, OR 97130, or emailed to laman@ci.manzanita.or.us.

Proposals will be received until 5:00PM on August 22nd, 2024 for the purpose of selecting a consultant.

Proposals received after the 5:00PM deadline will not be considered and will be returned unopened to the proposer(s).

For additional information regarding this RFP, please contact Leila Aman, City Manager, at (503) 368-5343 or by email at laman@ci.manzanita.or.us. City reserves the right to reject any and all proposals or to negotiate individually with one or more consultants, and to select one or more consultants if determined to be in the best interest of City.

Dated this day of August 1st, 2024

City of Manzanita, Oregon I. Introduction

City is seeking a professional engineering firm to provide professional engineering services, including construction administration and construction inspection of the Classic Street Road and Stormwater Improvement and Water Main Extension (See Exhibit A to this RFP, Scope of Work).

https://ci.manzanita.or.us/ https://us02web.zoom.us/j/88604523462?pwd=aMZvbhr5wgdsugGbjGbXdBr0ZVdmqc.1 mailto:laman@ci.manzanita.or.us

II. City Description Manzanita is surrounded by the natural beauty of the Pacific Ocean, Neah-Kah-Nie Mountain, and state and private forests on the north Oregon coast, just two hours west of Portland. Manzanita is home to approximately 600 full time residents and 1,600 part-time homeowners, and it is a destination for visitors from around the world. City is a vibrant and complex city with an active and deeply engaged community.

City is organized around a main street with businesses serving the visitors and local community, including three grocery stores, a bookstore, restaurants, and many other varied retail establishments.

III. Project Background The Classic Street Road and Stormwater Improvement and Water Main Extension (the “Project”) is the top priority project in City’s Capital Improvement Plan and City’s Transportation System Plan. The Project has been a priority for City for nearly two decades. City received a state appropriation in the amount of $2.7 million dollars to implement the Project. The Project will directly serve approximately 120 units of income restricted housing currently in the development phase, and will ultimately support a total of 400 units, of various sizes, at full build out in the area known as the "Highlands." This is the last tract of undeveloped land in City’s urban growth boundary.

Currently, there is not sufficient fire flow/pressure to serve the area. The Project will divide a very large, looped water system by extending a trial water main for the commercial area south approximately 2400 feet, increasing available water flow to meet current/future fire flow standards for the Highlands, including the area where the 120 units are proposed. The Project will also provide critical redundancy and increasing resiliency within City’s water system by the addition of hydrants and the use of HDPE water main material.

The ultimate purpose of this Project is to provide necessary water infrastructure to unlock affordable housing in the Highlands, and allow for new housing development consistent with the new SB 406 Oregon’s Middle Housing Rules. In addition to the water system improvements, reconstruction of Classic Street is anticipated with the addition of storm water mitigation in the public right-of-way (“ROW”). City is currently conducting survey work to identify the ROW, utilities, and other information needed to promote a starting point and geo technical work to determine the extent of road reconstruction required for the Project.

There is also potential for up to a 10 foot easement on the eastern properties where it is anticipated that the water line will be placed. The ideal design will include a separate shared use path along the proposed 10’ easement. The design for the Classic Street will need to include traffic calming measures and should be consistent with the street cross-section requirements included in City’s transportation system plan (“TSP”).

Proposers are highly encouraged to visit https://ci.manzanita.or.us/public-works/ where they will find multiple documents to assist with understanding of City construction characteristics, design work, studies, and reports.

The Project is expected to go to bid January 2024 and should be completed by October 2025. The anticipated design window is September 2024 – December of 2024, and construction is anticipated to last until November 2025.

IV. Issuance of RFP Documents

The RFP documents may be obtained at no cost from the City’s website at: https://ci.manzanita.or.us, or from Oregon Buys, the State of Oregon’s procurement system.

Leila Aman is the sole point of contact for all questions, concerns, and protests related to this RFP. She may be reached at 503-812-2514 or by email at laman@ci.manzanita.or.us.

https://ci.manzanita.or.us/public-works/ https://ci.manzanita.or.us/

V. Proposal Submission Sealed proposals shall be submitted and delivered by 5:00PM on August 22nd, 2024 in pdf format via email, in person, or by mail to:

Leila Aman City Manager City of Manzanita PO Box 129 Manzanita, OR. 97130 Email: laman@ci.manzanita.or.us

If proposals are submitted in person or by mail, each Proposer must provide four complete copies of its proposal, including attachments, in type-written format sealed in an envelope plainly identifying the RFP to which the proposal responds and proposer’s name and address. If submitted via email, the proposal, including attachments, shall be in pdf format. Proposals shall be addressed and submitted to the above location by the deadline. Phone and facsimile proposals will not be accepted. Late proposals will not be accepted. Delays due to (a) mail and/or delivery handling, including but not limited to delays within City’s internal distribution systems or (b) technical failures, including but not limited to any email delivery delays or failures, do not excuse the proposer’s responsibility for submitting the proposal to the correct location by the proposal due date. There will be no formal opening of proposals.

Proposals shall be printed double-sided.

VI. Schedule of Events City anticipates the following general timeline for receiving and evaluating the proposals and selecting a consultant. This schedule is subject to change if it is in City’s best interest to do so.

i. Posting of RFP

ii. Deadline for clarifications/questions/changes to RFP

iii. Deadline for Protests of RFP

iv. Deadline for Addenda

v. Proposal Due

vi. Evaluation of Proposals Complete

vii. Invitation to Proposers for Interview & Presentation

viii. Interview & Presentation Meetings

ix. Evaluation of Interview & Presentation Complete

x. Posting Notice of Intent to Award

xi. Deadline for Protests of Award

August 1st, 2024 August 16th, 2024, at 5 p.m.

August 16th, 2024, at 5 p.m.

August 19th, 2024 at 5 p.m.

August 22nd 2024 at 5 p.m.

August 29th, 2024 August 30th,2024

September 6th, 2024 September 9th, 2024

September 10th, 2024 September 17th, 2024 5:00PM

xii. City Council Approval and Commencement of Professional Services Agreement Expected September 18th 2024

A. RFP Clarification and Protests; Addenda

i. Informal Questions or Requests for Clarification. Any proposer requiring clarification of the information provided in this RFP may submit specific questions or comments in writing to the contact set forth in Section IV of this RFP. Email is the preferred form of written communication. The deadline for submitting such questions is set forth under the Schedule of events in Section VI(ii) above.

ii. Request for Clarification or Protest of Solicitation or Contract Documents. Any proposer wishing to protest this RFP or request clarification of any provision, specification, or contract term contained in the solicitation documents, must submit such questions, comments, or protests to the contact set forth in

Section IV of this RFP. The deadline for submitting such protests is set forth in the Schedule of Events in Section VI(iii) above.

iii. Content of Solicitation Protest. The prospective proposer’s written request for change, or protest of the RFP must include all of the following and otherwise comply with OAR 137-048-0240(1):

• Sufficient information to identify the solicitation that is the subject of the protest or request;

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

• Evidence or supporting documentation that supports the grounds on which the protest is based;

and

• A statement of the desired changes to the procurement process or the solicitation document that the prospective proposer believes will remedy the conditions upon which the prospective proposer based its protest or request.

iv. Addenda. City reserves the right to make changes to the RFP by written addenda. If City determines that a change or clarification to the solicitation documents is necessary, such information, clarification, or interpretation will be supplied in a written addendum and posted to Oregon Buys, the State of Oregon’s procurement system. All proposers must be signed up through Oregon Buys and sign up for the bid list on the system. While City will include a copy of the proposal on the City’s website, all official communication will be updated through Oregon Buys.

v. Proposers should consult Oregon Buys website regularly until the proposal due date and time to assure that they have not missed any addendum announcements. By submitting a proposal, each proposer thereby agrees that it accepts all risks, and waives all claims, associated with or related to its failure to obtain addendum information. Proposers will also be required to acknowledge receipt of each addendum in writing as part of their proposals. Statements made by City’s representatives are not binding on City unless confirmed by written addendum.

No addenda will be issued later August 19th, except an addendum, if City deems necessary, postponing the due date for proposals, withdrawing the RFP, or modifying elements of the RFP resulting from delayed process.

B. CONFIDENTIALITY

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

Pursuant to ORS 279C.107, City need not open proposals for public inspection until after execution of the contract(s) awarded under this RFP. Thereafter, City will not disclose records submitted by a proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations:

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

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

ii. Proposer must separate confidential pages from its other proposal pages by providing the confidential pages to City in a separate envelope or package. Proposer must separate confidential pages from its other proposal pages by providing the confidential pages to City in a separate e-mail file attachment.

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

iv. Subsections (i) and (ii) above will prevail in the event these provisions conflict with formatting or response instructions elsewhere in this document.

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

Notwithstanding the above procedures, City reserves the right to disclose information that City determines, in its sole discretion, is not exempt from disclosure or that City is directed to disclose by the district attorney or a court of competent jurisdiction.

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

C. CANCELLATION

City reserves the right to cancel this RFP at any time or to reject any and all proposals if City determines that doing so is in the public interest.

D. LATE PROPOSALS

All proposals that are not received by the proposal due date set forth in the Schedule of Events in Section VI(iv) will not be considered and will be returned unopened to the proposer(s). Phone and facsimile proposals will not be accepted. Delays due to (a) mail and/or delivery handling, including but not limited to delays within City’s internal distribution systems or (b) technical failures, including but not limited to any email delivery delays or failures, do not excuse the Proposer’s responsibility for submitting the proposal to the correct location by the proposal due date.

E. DISPUTES

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

F. PROPOSER’S REPRESENTATION

Each proposer, by the act of submitting its proposal, represents that:

i. It has read and understands the proposal documents and its proposal is made in accordance therewith;

ii. It has familiarized itself with the local conditions under which services solicited in this RFP will be performed; and

iii. Its proposal is based upon the requirements described in the RFP without exception, unless clearly stated in the response.

G. CONDITIONS OF SUBMITTAL

By the act of submitting a proposal in response to this RFP, the proposer certifies that:

i. To its best knowledge and belief, no elected official, officer, employee, or person, whose salary is payable in whole or part by City, has a direct or indirect financial interest in the proposal, or in the services to which it relates, or in any of the profits thereof other than as fully described in the proposer’s response to this solicitation.

ii. The proposer has examined all parts of the RFP, including all requirements and contract terms and conditions thereof, and, if its proposal is accepted, the proposer shall accept the contract documents thereto unless substantive changes are made in same without the approval of the proposer.

iii. The proposer is of lawful age (if an individual); is the only one interested in this proposal; and no person, firm, or corporation, other than that named, has any interest in the proposal, or in the proposed contract.

iv. The proposer has quality experience providing requested services in a capacity similar to the duties outlined within the scope of services set forth in Exhibit A to this RFP.

H. COST OF REQUEST FOR PROPOSALS AND ASSOCIATED RESPONSES

Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP. City is not liable to any proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a proposal.

I. CITY REQUESTS FOR CLARIFICATION, ADDITIONAL RESEARCH, & REVISIONS

City reserves the right to obtain clarification of any point in a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a proposer to respond to such a request for additional information or clarification may result in a finding that the proposer is non- responsive and consequent rejection of the proposal.

City may obtain information from any legal source for clarification of any proposal or for information of any proposer. City need not inform the proposer of any intent to perform additional research in this respect or of any information thereby received.

City may perform, at its sole option, investigations of the responsible proposer. Information may include, but shall not necessarily be limited to, current litigation and contracting references. All such documents, if requested by City, become part of the public records and may be disclosed accordingly.

City reserves the right to request clarifications of proposals after the submission of proposals and before award.

J. REJECTION OF PROPOSALS

As set forth in Section VI(C), City reserves the right to reject any or all proposals received as a result of this RFP if City determines that rejection is in the public interest. Reasons for proposal rejection may include but are not limited to the following:

i. Failure of the proposer to adhere to one or more of the provisions established in the RFP.

ii. Failure of the proposer to submit a proposal in the format specified herein.

iii. Failure of the proposer to submit a proposal within the time requirements established herein.

iv. Failure of the proposer to adhere to ethical and professional standards before, during, or following the proposal process.

v. Failure of proposer to otherwise comply with all prescribed public procurement procedures and requirements.

K. MODIFICATION OR WITHDRAWAL OF PROPOSAL BY PROPOSER

A proposal may not be modified, withdrawn, or canceled by the proposer for 60 calendar days following the time and date designated for the receipt of proposals. Proposals submitted before the proposal due date may only be modified or withdrawn in person with proper identification, or by issuing a written request on company letterhead, signed by an authorized representative, prior to the proposal due date and time. Written requests for withdrawal must be so worded as not to reveal material contents of the original proposal.

Withdrawn proposals may be resubmitted up to the proposal due date and time, provided that they are then fully in conformance with the RFP.

L. PROPOSAL OWNERSHIP

All material submitted for any portion of a proposal in response to this RFP, or during any phase of this solicitation, will become the property of City and will not be returned to proposers.

M. DURATION OF PROPOSAL

Proposal prices, terms and conditions shall be firm for a period of at least 60 days from the proposal due date. The successful proposal shall not be subject to future price escalation or changes of terms if accepted during the 60-day period. Price decreases or changes in terms by others after the acceptance of a proposal will not be considered.

N. AFFIRMATIVE ACTION/NONDISCRIMINATION

By submitting a proposal, the proposer agrees to comply with the Fair Labor Standard Act, Civil Rights Act of 1964, Executive order 11246, Fair Employment Practices, Equal Employment Opportunity Act, Americans with Disabilities Act, and Oregon Revised Statutes. By submitting a proposal, the proposer certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110, a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business in awarding a subcontract.

O. TAX COMPLIANCE

By submitting a proposal, the proposer represents and warrants that the proposer has complied with the applicable tax laws of this state or a political subdivision of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318. The proposer and any consultants listed on BOLI’s List of Ineligibles will be rejected.

P. PROPOSAL AND PROPOSER REQUIREMENTS

Proposer shall respond to specific criteria that shall facilitate proposal evaluation. All proposals submitted in response to this RFP must include the following:

I. Introductory Letter The letter shall name the person(s) authorized to represent the proposer in any negotiations and name of the person(s) authorized to sign any contract that may result. An authorized representative for the proposer shall sign the letter.

II. Exhibit B: Proposer Certifications and Representations Each proposal shall include a completed and executed Exhibit B: Proposer Certifications and Representations form.

III. Qualifications This criterion relates to the proposer’s capabilities and resources in relation to this Project. Please address the following:

i. Firm Experience Provide a description of your firm’s experience in providing services similar to those described in this RFP on at least three projects of a similar scope and size. Include project start and end dates, and whether each project was completed on time and budget. If any of the projects were not completed on time or on budget, please explain why. Tell us what sets your firm apart from your competition and why you are uniquely qualified for this Project.

ii. Public Sector Experience Provide a complete description of all work in the last three years with municipal governments. Highlight any other specific public sector experience that directly translates to your ability to be successful with this Project. Specifically address Firm/Team’s familiarity with laws and regulations governing public water, wastewater, stormwater, transportation systems, BOLI, DEQ, OHA laws and regulations.

iii. Proposed Key Staff and Staff Experience; Capacity Identify proposed key staff, describe how the proposed team would work together and work closely with City staff. Include organization chart of the complete team proposed for the Project. Include background of the key staff, as well as any support staff, including (a) major focus of practice, (b) range of services, (c) relevant experience, (d) active and applicable licenses and/or certifications, and (e) available capacity, including time allocation for this Project. It is essential that the team have experience in civil design in the State of Oregon.

iv. Approach to Providing Services to the City, Knowledge of City Design Characteristics, and Knowledge of City Design Priorities.

Describe the Firm/Team’s approach for engagement and collaboration with City and as part of a project team. Include management strategies. Describe anticipated major challenges to successful project completion and how the Firm/Team intends to address those challenges. Additionally, address the Firm/Team’s knowledge of local design characteristics and how the Firm will address those characteristics while meeting requirements of the TSP. Knowledge of traffic calming measures and multi modal street design is essential to this project; please describe any experience with, and your Firm/Team’s approach to incorporating traffic calming measures and multi modal street design into design plans and specifications. Finally, City is seeking a consultant with experience incorporating resilience and life safety into design plans; please describe any experience with incorporating resilience and life safety into design plans.

v. References.

Identify at least two (2) similar clients that the firm provide similar service to, preferably municipal governments in Oregon. Each project listed shall include the name of the agency, project manager, phone number, and description of work performed. Past City projects may also be submitted for consideration.

vi. PROPOSER REQUIREMENTS Any contractor submitting a proposal must meet the following minimum requirements:

i. All proposers must be licensed to perform business in the State of Oregon and properly licensed to perform the services described in this RFP;

ii. All proposers must have been in business as their current entity for at least five years;

iii. All proposers must be experienced in those services requested of City.

iv. All proposers must agree to execute City’s Professional Services Agreement, if awarded; and

v. All proposers must carry required insurance, naming City an additional insured.

Q. SELECTION COMMITTEE & INTERVIEW PANEL

A selection committee will be comprised of at least three members, and an interview panel will be comprised of at least three members. The interview panel may or may not consist of the same selection committee members. Each proposal shall be evaluated on its completeness and quality in accordance with the criteria identified in this RFP by the selection committee. City has the right to require any clarification or change needed to understand the proposer’s approach to the Project.

Each proposal shall be evaluated as a demonstration of the proposer’s capabilities and understanding of the Project. Evaluation criteria and weighting factors for the proposal shall be as follows:

Criteria Maximum Points

Introductory Letter Pass/fail Firm Experience 15

Public Sector Experience 15

Proposed Key Staff and Staff Experience, Capacity 15

Approach to Providing Services to City, Knowledge of City Design Characteristics, and Knowledge of City Design Priorities

Scope of Work and Schedule 15

References 10

TOTAL 100

Each member of the selection committee will independently score proposals in accordance with the evaluation criteria above. City will then average the proposal scores per category and sum the category averages for a total score for each proposal.

The top 3 proposers with the highest level of qualification and experience will proceed to an oral interview and presentation. Each proposer selected to interview and present will require the proposer’s proposed project manager for the Project to attend the interview and presentation.

The interview panel will score the interviews using the criteria below. No additions, deletions, or substitutions may be made to proposals during the interview and presentation that cannot be viewed as clarification. Evaluation criteria and weighting factors for the interview are listed below.

Criteria Maximum Points

Team Capacity and Relative Experience 40

Project Approach and Methods Proposed and Knowledge of City Design Priorities

Overall quality of Interview and Presentation 10

TOTAL 100

Each member of the interview panel will independently score the interviews in accordance with the evaluation criteria above. City will then average the interview scores per category and sum the category averages for a total score for each interview. The sum of the total score for the proposal and the total score for the interview will be used to determine the highest-ranked proposer.

City reserves the right to:

• Reject any and all proposals not in compliance with all public procedures and requirements;

• Reject any proposal not meeting the specifications set forth herein;

• Waive any or all irregularities in proposals submitted;

• Award contracts for any or all parts of the services solicited under this RFP; and

• Request references and other data to determine responsiveness.

Following evaluations and interviews of the proposers, City will provide written notice of its intent to award the contract to the highest-ranked proposer.

R. PROTEST OF CONTRACT AWARD.

i. A proposer may protest the intent to award a contract in accordance with OAR 137-048-0240, provided:

1. The proposer is adversely affected because the proposer would be eligible to be awarded the contract in the event that the protest is successful; and

2. The reason for the protest is:

• All higher-ranked proposals (or, in the event multiple contracts are awarded, a sufficient number of proposals) are non-responsive or failed to meet the requirements of this RFP, or all higher-ranked proposers (or, in the event multiple contracts are awarded, a sufficient number of proposers) are not qualified to perform the services required under this RFP;

• City has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials;

• City has abused its discretion in rejecting the protestor’s proposal as non-responsive; or

• City’s evaluation of proposals or the District’s subsequent determination of award is otherwise in violation of City’s Public Contracting Rules or the Public Contracting Code.

3. The protest is in writing, clearly marked as a protest, includes a description of this RFP, and is delivered to and received by the point of contact and address set forth in Section IV of this RFP no later than 5:00 p.m. on the deadline for submitting such protests set forth in the Schedule of Events in Section IV(vi).

4. Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for protest.

ii. Protests not filed within the time specified in this Section VI(R), or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based will be dismissed. An issue that could have been raised by request for clarification or protest of the solicitation is not a ground for protest of award.

iii. City will resolve all protests in accordance with OAR 137-048-0240(3).

S. CONTRACT REQUIREMENTS

City reserves the right to negotiate final terms of a Professional Services Agreement as City determines to be in its best interest.

City will negotiate the Professional Services Agreement once the selection committee and interview panel have chosen the top-ranked proposer. If City cannot come to terms with the top-ranked proposer, City may enter into negotiations with the second-ranked proposer. This process may continue until City reaches an agreement which City deems appropriate for the services.

The award of a contract is accomplished by executing a written Professional Services Agreement in substantially the form attached hereto as Exhibit C.

Exhibit A-1

EXHIBIT A

SCOPE OF WORK (SERVICES TO BE PROVIDED)

This Exhibit includes a summary of the scope of work. See Exhibit C, Form of Professional Services Agreement, for a complete scope of work.

Right-of-Way Research, Topographic Surveying and Base Map

Onion Peak staff has completed a detailed topographic survey and map of the public project limits. This survey will assist in designing the proposed improvements in accordance with the most accurate topographic information available. With the topographic survey, Consultant can provide city staff design and quantity estimates for use in calculating the cost estimates and bid sheets.

TASK 1: Engineering Design, Plans and Specifications

Consultant will prepare engineering plans and specifications for the proposed street and utility improvements as per the Scope of Work. In general, these documents will consist of the following information:

• Demolition and ESC Plan

• Road Plan, Profile & Cross-Sections that includes traffic calming measures for safe bike and pedestrian access.

• Storm Drainage Plan, Profile & Details

• Water System Plan, Profile & Details

• Quantities, Units and Cost Estimate

• Technical Specifications

The plans and specifications will be routed to the necessary agencies for review and approval. City will be responsible for all application and permit fees.

TASK 2: Bidding

Consultant will prepare bidding Construction Documents for a public solicitation of contractors.

Consultant will then review bids on behalf of City. Consultant will assist with preparation of a contract between City and the selected proposer and the required notices to the selected proposer as requested by City.

TASK 3: Construction Administration

Consultant will perform the Construction Administration for the construction project. Consultant will keep track of constructed bid items, administer change orders, requests for information and review monthly pay requests from the contractor and prepare payment recommendations for City.

Exhibit A-2

TASK 4: Construction Observation

Consultant’s project engineers and inspectors will conduct periodic observations daily while construction work in being done and specified testing of the construction work to determine compliance with the plans and specifications. The project engineer will complete the approval letters, or note the repairs needed. City staff will prepare and submit the final construction certificate required by the State Department of Human Resources, Drinking Water Section, following completion of construction, in accordance with state and local ordinances in effect at the time the design is completed.

DELIVERABLES

• Civil engineering plan set – Paper copy & Electronic copy (PDF)

• Contract Documents & Specifications – Paper copy & Electronic copy (PDF)

• Project Record Drawings – Paper copy & Electronic copy (PDF)

CONDITIONS/ASSUMPTIONS

Scope of services, as outlined herein, are based on the following assumptions and conditions:

1. Storm drainage system is to be designed as per City of Manzanita Storm Drainage Master Plan and does not include the design of any storm treatment system.

2. Construction observation assumes one 4-hr site visit per day, 4 days per week, during active construction for up to 4 months. If additional observation is requested, it will be considered additional services.

3. City ROW research will not include the submission of any Boundary or Record Survey. Any ROW survey requested beyond the Tillamook County GIS tax lot data will be considered additional services.

4. Based upon the direction given for the Project, the followings items maybe be required to complete the proposed Project:

a. Geotechnical engineering

b. Landscape planning

c. Traffic study

d. DEQ 1200-C Permit

e. Structural/architectural design or demolition plan for private improvements

f. Structural retaining walls (over 4’ in height)

5. Any work proposed by City, or adjacent property owners that changes the scope of the project will be considered additional services.

6. Slope easements or construction easements along private property are not included in this proposal. Easements will be considered additional services.

7. Material testing will be provided and paid for by City. Consultant will assist in managing the selected testing agency.

8. Provide presentation resources for city staff for public meetings or materials, and participate if needed in up to two city council meetings during the engineering design process.

Exhibit A-3

9. Project management meetings will be conducted via conference call, Microsoft Teams or Zoom.

Exhibit B-1

EXHIBIT B

PROPOSER CERTIFICATIONS AND REPRESENTATIONS

Proposed Project Description

PROPOSAL FORM

(To Be Returned)

1. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

Addenda through received. (If addenda were issued, completion of this line is

REQUIRED.)

2. CERTIFICATION OF NON-DISCRIMINATION (ORS 279A.110) AND TAX

COMPLIANCE

The undersigned proposer certifies that proposer has not discriminated and will not discriminate in against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055.

As required by ORS 279B.045, the Proposer represents and warrants that the Proposer has complied with the applicable tax laws of this state or a political subdivision of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318. The Proposer and any consultants listed on BOLI's List of Ineligibles will be rejected.

3. STATE OF OREGON OFFICE OF MINORITY, WOMEN & EMERGING SMALL

BUSINESS (OMWESB) CERTIFICATION

If your firm is currently certified by OMWESB in any of these categories, please indicate that certification.

Minority Business Enterprise (MBE)

Women Business Enterprise (WBE)

Emerging Small Business (ESB)

4. ADDITIONAL CERTIFICATIONS

Proposer agrees and certifies:

• Proposer has read and understands the specifications, addenda, sample contract and all other documents pertaining to this solicitation.

• Proposer has, or has available, the equipment, personnel, materials, equipment, facilities, and equipment, as well as, the technical and financial ability necessary to complete and execute all services solicited in this solicitation in a sound and suitable manner for the use specified and intended.

• Proposer agrees to execute a contract in substantially the same form as Attachment C within seven (7) days from date of Notice of Intent to Award.

Exhibit B-2

• Proposer acknowledges that the signer on this proposal is fully authorized to sign on behalf of the firm listed and to fully bind the firm listed to all conditions and provisions thereof.

• Proposer will comply with all requirements of local, state, and national laws, and that no legal requirement has been or will be violated in making or accepting this proposal.

• Proposer certifies that proposer is registered with the [add appropriate licensing board; e.g., State Board of Architect Examiners, State Board of Examiners for Engineering & Land Surveying, etc.]:

Registration Number _____________________________

5. PROPOSER’S SIGNATURE AND IDENTIFICATION

I hereby certify that this Proposal is genuine and that I have not entered into collusion with any other vendor(s) or any other person(s).

Please print or type all information requested below (except where signature is required) and attach Proposal Security (if required) to this form:

Name of Proprietor, Partnership, or Corporation

Signature of Proprietor, Partner, or Corporate Officer:

Name: Signature:

Street Address: Name of Signatory:

Mailing Address: Date Signed:

City, State, and Zip Code: If Corporation, Attest:

Phone Number: Secretary of Corporation:

Employer ID Number: State of Incorporation:

Exhibit C-1

Exhibit C

Form of Professional Services Agreement

Design Professional Services Agreement

4869-3944-8524.3

DESIGN PROFESSIONAL SERVICES AGREEMENT

Between

CITY OF MANZANITA

And

CONSULTANT NAME

Contract No.

This Design Professional Services Agreement (“Agreement”) is made by and between the City of Manzanita (“Owner”) and (“Consultant”) for (“Services”) on (“Project”). The parties agree as follows:

CONSULTANT DATA

Consultant attests that it is an independent contractor solely responsible for the work performed under this Agreement. Consultant, its subconsultants, employees, and agents shall not be deemed employees of Owner.

Consultant shall be responsible for all federal, state, and local taxes and any and all fees applicable to payments for Services under this Agreement.

Full Business Name:

Address:

Owner, State, ZIP:

Business Telephone:

Facsimile:

Email:

Federal Tax Identification Number (“TIN”) or Social Security Number (“SSN”):

Consultant must submit a completed “Request for Taxpayer Identification Number and Certification” (Form W-9) with this signed Agreement. Payment information will be reported to the Internal Revenue Service under the name and TIN or SSN, whichever is applicable, provided by Consultant.

Consultant certifies under penalty of perjury that Consultant is a

Sole Proprietor Corporation Limited Liability Company Partnership Other [describe: ]

4869-3944-8524.3

TERMS AND CONDITIONS

1. Initial Project Information.

a. Project Description:

b. Construction Cost Budget:

c. Scheduled Construction Commencement and Completion:

d. Consultant’s Project Team:

e. The Agreement consists of these Terms and Conditions and the following Exhibits:

Exhibit A: Scope of Services

Exhibit B: Project Narrative

Exhibit C: Construction Budget

Exhibit D Schedule

Exhibit E Owner Request for Proposals

Exhibit F Project Team

Exhibit G Fee Schedule

Exhibit H: Insurance Requirements

2. Consultant’s Duties.

a. Consultant Representative. Consultant shall identify a representative authorized to act for Consultant on Project. Owner has the right to review and approve any representative proposed by Consultant, which approval shall not be unreasonably withheld. Consultant shall not appoint a representative to whom Owner has reasonably and timely objected. Consultant shall not substitute representatives without Owner’s review and approval. Consultant acknowledges that this Agreement was awarded in part on the basis of the unique background and abilities of the key personnel and subconsultants identified by Consultant. Consultant shall not remove, re-assign, or replace key personnel without Owner’s prior written consent.

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

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

4869-3944-8524.3

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

3. Scope of Consultant’s Services.

a. Legal and Policy Compliance. Consultant shall provide the Services described in detail in Exhibit A in accordance with the terms of this Agreement, federal, state, or local law or ordinance, and applicable Owner rules, policies, and administrative directives. Consultant shall provide Services so that Project will be completed as expeditiously and economically as possible within the total budgeted cost to Owner and in Owner’s best interests.

b. Standard of Care. Consultant shall perform Services consistent with the professional skill and care ordinarily provided by engineers practicing in the same or similar locality under the same and similar circumstances. Consultant shall be responsible to Owner for all Services provided whether provided by Consultant or by subconsultants it engages.

1. Consultant represents that all persons or entities providing Services under this Agreement shall be licensed as may be required by Oregon law.

2. Consultant shall rely on its professional judgment as to the accuracy and completeness of Owner-provided services and information. Consultant shall provide prompt written notice to Owner if Consultant becomes aware of any material deficiencies, errors, omissions, or inconsistencies in Owner services or information or if in Consultant’s opinion the Construction Cost Budget will not be sufficient to complete the construction as programmed.

c. Time is of the Essence. Time is of the essence in the performance of this Agreement. Consultant shall not be responsible for delay in performance to the extent those delays are caused by circumstances beyond Consultant’s reasonable control.

d. Additional Services. Consultant shall perform only the Services authorized by this Agreement.

“Additional Services” (as defined in Exhibit A) will be compensated only as authorized in writing by Owner. Owner will not pay for Additional Services made necessary by Consultant or any subconsultant mistakes.

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

Consultant shall not execute such documents for Owner.

f. Independent Contractor. Consultant shall perform all Services as an independent contractor. Although Owner reserves the right to set the delivery schedule for Services and to evaluate quality of completed Services, Owner cannot and will not control the means and manner of Consultant’s performance.

Consultant is responsible to determine the appropriate means and manner of performing the Services.

Consultant, Consultant’s employees, and any subconsultants are not “officers, employees, or agents” of the State of Oregon or Owner (as those terms are used in ORS 30.265) and shall have no authority to bind Owner for the payment of any cost or expense without Owner’s express written approval.

4869-3944-8524.3

g. Other Service Providers. Owner reserves the right to enter into other agreements for work additional or related to Project, and Consultant agrees to cooperate fully with these other contractors and with Owner personnel. When requested by Owner, Consultant shall coordinate its performance under this Agreement with such additional or related work. Consultant shall not interfere with the work performance of any other contractor or Owner employees.

4. Owner’s Duties.

a. Written Information. Unless otherwise provided for under this Agreement, Owner shall provide written information related to Project requirements and limitations. This information may include Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements.

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

c. Other Consultants. Owner shall coordinate the services of its own consultants with Consultant’s Services. Upon Consultant’s request, Owner shall furnish copies of the scope of services in the contracts between Owner and Owner’s consultants.

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

designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, and public utility easements; encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions, and necessary data with respect to existing buildings, other improvements, and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. Consultant shall promptly review the information and notify Owner of corrections or additions required.

e. Site Access. Owner shall provide Consultant access to the Project site before Services begin and shall cause Owner contractors to provide Consultant access to their work wherever it is in preparation or progress.

5. Drawings, Specifications, and Other Documents.

a. Instruments of Service. Instruments of service (“Instruments of Service”) include drawings, specifications, and other documents, including those in electronic form, prepared by or on behalf of Consultant for Owner’s use with respect to Project. Consultant will be deemed the author and owner of the Instruments of Service and may retain all common law, statutory, and other reserved rights, including copyrights.

b. Authorized Use. Consultant grants to Owner a nonexclusive, irrevocable, and perpetual…