Classic Street Connection RFP A1 041825.pdf

Request for Proposals for

Construction Services

Manzanita Classic Street Connection

Issue Date: April 17, 2025

Proposal Due Date:

May 20th, 2025, at 2:00 PM

City of Manzanita

PO Box 129

Manzanita, Oregon 97130

503 368-5343

Request for Proposals City of Manzanita—Construction Services

The City of Manzanita (City) is seeking proposals from qualified and experienced General Contractors (GCs) for construction services for the construction of a water line expansion, storm water system, retaining wall, pedestrian pathway, paving and traffic calming measures along Classic Street. The project is referred to as the “Manzanita Classic Street Connection” by the City. The City’s objective is to enter into a Construction Agreement with a qualified GC that will provide these services.

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

The Request for Proposals (RFP) documents may be viewed and obtained at no cost from the City website https://ci.manzanita.or.us/. Or, the RFP documents may be viewed in person, by appointment, at 167 S 5th Street, Manzanita, Oregon 97130. City Hall is open for walk up service Monday through Thursday from 9 a.m. to 12 p.m. Appointments to view the documents outside of that timeframe may be scheduled by contacting Nancy Jones (see contact information below).

Successful proposers will be required to sign a Construction Contract with the City. The Construction Contract is a public works agreement subject to ORS 279C.800 to 279C.870. A sample of the agreement is attached as part of the RFP documents. The City will require specific levels of insurance, applicable contract bonds, a Manzanita business license, a contractor license, and a tax identification number.

Proposers must evaluate these sample agreements and agree with the terms and conditions contained therein, unless written objections are submitted to City as set forth in Section V.B of the RFP. Objections made after the deadline set forth in Section V.B, including after award of the Construction Contract, will not be considered and are grounds for subsequent denial of the Construction Contract.

Proposals shall be submitted as required in Section V of the RFP.

Proposals shall be submitted by email with a subject line plainly identifying the RFP and the proposer’s name and address. Proposals shall be delivered to Leila Aman, City Manager, laman@ci.manzanita.or.us.

Proposals will be received until 2:00, PM May 20, 2025. Proposals received after the 2:00 PM deadline will not be considered.

For additional information regarding this RFP, please contact Leila Aman, laman@ci.manzanita.or.us. City reserves the right to reject any and all proposals or to negotiate individually with one or more proposers, and to select one or more contractors if determined to be in the best interest of City.

The City will hold a mandatory pre-proposal meeting and site tour on Tuesday, April 29, 2025, at 11:00

am. The meeting will begin at the Police Department, 167 S. 5th Street, Manzanita, OR. Please contact Nancy Jones at cityhall@ci.manzanita.or.us to RSVP.

This meeting will allow proposers the opportunity to gain information about the construction site and a better understanding of the Project (defined below).

I. INTRODUCTION

The City of Manzanita (City) is seeking the services of a General Contractor (GC) with demonstrated experience in constructing public infrastructure for the construction of an expanded waterline, storm water system, retaining wall and pedestrian pathway, paving and traffic calming measures along Classic Street (the Project). The site of the Project is set forth in the plans and specifications for the Project. The scope of work consists of construction services as outlined in the sample Construction Contract attached to this RFP as Exhibit C. Anticipated contract start date is approximately June 23, 2025. The actual start date may vary and will depend on completion of advertisement, Qualifications Plus Bid opening and review and subsequent Award and contract signing steps.

II. PROJECT BACKGROUND

City 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. City is home to 625 full-time residents and 1,600 part-time homeowners, and it is a destination for visitors from around the world. It is a vibrant and complex city with an active and engaged community.

The City received a grant from the State of Oregon to construct necessary infrastructure in order to support 120 units of affordable housing currently in the development pipeline, and additional housing development anticipated in the southeastern section of the City’s Urban Grown Boundary (UGB), commonly referred to as the Highlands. Currently, there is not sufficient fire flow/pressure to serve the land within the City’s UGB, including the site of the proposed affordable housing. Knowing this issue was coming, City has been exploring options to expedite the construction of this expanded water line along Classic Street. This expansion would divide a large, looped water system, creating two smaller linked loops, increasing available water flow to meet current/future fire flow standards for the entire UGB, including the area where the 120 units are proposed. The Project will also provide critical redundancy, increasing resiliency within the City’s water system. The waterline will generally be built on the eastern side of the roadway outside of the travel lanes.

The Project will include a storm drainage component. The absence of a stormwater connection for Classic Street leads to flooding and erosion issues on what has become a very critical transportation connection.

Flooding not only poses a safety hazard for drivers and pedestrians, but it also hinders the overall functionality and longevity of the travel way. The construction of a stormwater system will allow the current storm basin to flow in two separate directions and connect to the recently completed storm line constructed in Dorcas Lane, which intersects with Classic Street. The stormwater element of the Project will require retaining walls on the western side of Classic Street to allow for proper grading and to ensure long-term roadway stability.

Finally, the Project will include some landscaping to the west to ensure slope stability and in some locations will include a vegetative strip between the paved area over the water line and the travel lanes to the east. There will be some traffic calming measures on Classic Street, including speedbumps, paint, signage and reconstruction of one corner bulbout on Laneda to make it Americans with Disabilities Act (ADA) compliant for a north south crossing.

The priority of the Project is to provide necessary water and stormwater infrastructure to unlock affordable housing in the urban growth boundary (UGB) and allow for new housing development consistent with the new SB 406 Oregon’s Middle Housing Rules.

The nature of the Project requires a level of knowledge and experience working with construction on public projects with significant slope issues, unique soil conditions, and retaining walls (these issues are described in greater detail below). The Project will be at a higher risk and have a higher level of technical complexity due to the slope issues, soil conditions, the proximity of construction area to homes and heavily-trafficked rights of way, and an adjacent commercial construction project which will require coordination. Additionally, the majority of the Project is funded by a grant from the Oregon Business Development Department and, therefore, is subject to completion deadlines and budget limitations that require close monitoring of the Project schedule and budget. It is critical to maintain both the schedule and budget of the Project.

Slope issues of concern are documented in the plans and specifications for the Project and are currently shown in the Construction Documents, which include existing topographic data as well as proposed improvements. The existing topography features steep slopes on portions of the east side of Classic Street. There are homes, private backyards, a public street, and other public and private items such as fences, small retaining walls, and landscaping on the slope and above the slope. There are also steep slopes on portions of the west and east side of Classic Street.

The unique soil conditions are described in two Geotechnical Reports (a report prepared by Carlson Geotechnical on 08/16/2024 and a report prepared by Pali Consulting. Both reports are available for viewing. The native soil conditions found in much of the Project area is loose sand. The sand creates construction challenges including such activities as trenching, shoring, compacting, and retaining.

Retaining walls will be needed to stabilize slopes in some locations along Classic Street. The retaining walls will be installed in sandy ground conditions. The proximity to adjacent homes will require minimal vibration construction techniques as well as other measures to minimize any impacts to existing structures and properties.

III. PROJECT DESCRIPTION

See Section II above. The above description is intended to be informational to proposers considering submittal of proposals in response to the RFP. The actual information included in the Construction Documents, plans and specifications and associated RFP documents, alongside any Addenda which may be issued, shall be the controlling documents describing the existing conditions and the proposed improvements.

IV. ISSUANCE OF RFP DOCUMENTS

The RFP documents may be obtained at no cost from the City website at https://ci.manzanita.or.us/ or viewed in person at 167 S 5th Street, Manzanita, Oregon 97130, by appointment. City Hall is open for walk up service Monday through Thursday from 9 a.m to 12 p.m. Appointments to view the documents outside of that timeframe may be scheduled by contacting Nancy Jones at cityhall@ci.manzanita.or.us.

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

V. PROPOSAL SUBMISSION

Proposals (including all required attachments) should be submitted and delivered by 2:00 PM on April 24, 2025, in PDF format via email to Leila Aman - laman@ci.manzanita.or.us

Electronic submissions are preferred; however, hard copies can be mailed or personally delivered, if necessary, to:

The City of Manzanita Attn: Leila Aman 167 S 5th Street Manzanita, OR 97130

Phone and facsimile proposals will not be accepted. There will be no formal opening of proposals.

A. 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 the City’s best interest to do so.

Advertisement/Release of RFP Thursday, April 17, 2025

Mandatory Pre-bid Conference - Police Department Conf.

167 S. 5th Street

Tuesday, April 29, 2025 11:00 a.m. PT

Due Date for Written Questions, Protests, Requests for Change, and Requests for Clarification

Friday, May 10, 2025

Last Day to Issue Addenda Wednesday, May 13, 2025

Proposal Due Date and Time (the “Bid Closing”) Tuesday, May 20, 2025 2:00 p.m. PT

Proposal Opening Tuesday, May 20, 2025 2:00 p.m. PT

Interviews (if required) Friday, May 23, 2025

Notice of Intent to Award the Contract Wednesday, May 28, 2025

Deadline for Award Protests Wednesday, June 4, 2025 5:00 p.m. PT

Award of Contract Wednesday, June 11, 2025

Projected Start Date (Notice to Proceed) Monday, June 23, 2025

Project Substantial Completion Deadline (179 calendar days from Notice to Proceed)

November 21, 2025

Projected Final Completion Date December 5, 2025

Upon request, City will meet with proposers that it did not select for the award of contract from June 4, 2025 to June 6, 2025.

B. 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 in Section V(A).

ii. Request for Change. Any proposer wishing to request a change to the specification or contract terms contained in the solicitation documents must submit the request in writing to the contact set forth in Section IV of this RFP. The deadline for submitting such requests is set forth in Section V(A). The request for change must include a statement of the requested change(s) to the contract terms and conditions, including any specifications, together with the reason for the requested change. The request must be marked “Contract Provision Request for Change” and contain sufficient information to identify the solicitation that is the subject of the request for change.

iii. Protest. Any proposer wishing to protest this RFP or specifications, or contract terms contained in the solicitation documents, must submit such protests to the contact set forth in Section IV of this RFP. The deadline for submitting such protests is set forth in Section V(A).

The proposer’s written protest must include all of the following and otherwise comply with

OAR 137-049-0260(3):

a. A detailed statement of the legal and factual grounds for the protest;

b. flawed description of the resulting prejudice to the proposer;

c. A statement of the desired changes to the contract terms and conditions, including any specifications; and marking of the protest as follows: “Contract Provision Protest” with sufficient information to identify the solicitation that is the subject of the protest.

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, posted to City’s website at https://ci.manzanita.or.us.

a. Proposers should consult City’s 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. Additionally, City will send addenda to all prospective proposers known to have obtained the solicitation documents at the time addenda is issued. Statements made by City representatives, including but not limited to oral or written responses to a request for clarification, are not binding on City unless confirmed by written addendum.

b. No addenda will be issued later than five days before the date that proposals are due, 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.

C. 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. For hard copy submissions, proposer must separate confidential pages from its other proposal pages by providing the confidential pages to City in a separate envelope or package. For email submissions, proposer must separate confidential pages from its other proposal pages by providing the confidential pages to City in a separate email 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.

D. 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.

E. LATE PROPOSALS

All proposals that are not received by the proposal due date in Section V(A) will not be considered and will be returned unopened to the proposer(s). Phone and facsimile proposals will not be accepted. Delays due to mail and/or delivery handling, including but not limited to delays within City’s internal distribution or email systems, do not excuse the proposer’s responsibility for submitting the proposal to the correct location by the proposal due date.

F. DISPUTES

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

G. 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.

H. 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.

I. 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.

J. 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 any 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.

K. REJECTION OF PROPOSALS

As set forth in Section V(D), 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; or

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

L. 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.

M. 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.

N. DURATION OF PROPOSAL

Proposal 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.

O. 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.

P. 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 the Oregon Bureau of Labor and Industry’s (BOLI) List of Ineligibles will be rejected.

Q. PREVAILING WAGE REQUIREMENT

By submitting a proposal, the proposer agrees to be bound by and will comply with the provisions of ORS 279C.838, and 279C.840.

R. PROPOSAL AND SUBMISSION REQUIREMENTS

Proposer shall respond to specific criteria that shall facilitate proposal evaluation. Responses should be prepared simply and economically, providing a straightforward, concise description of provider capabilities to satisfy the requirements of the request. Responses need not include pictures or images. Proposals should be limited to a maximum of eight (8) pages (the Introductory Letter, list of Lawsuits and Claims, Exhibit, A, and Exhibit B, however, are not included in the page count for purposes of the page limit). All proposals submitted in response to this RFP must include Exhibit A (Proposal Sheet); Exhibit B (Bid Form) and the following:

i. Introductory Letter

An introductory letter providing background information about the proposer, including number of years in continuous operation, bonding capacity, anticipated volume of work for this year, construction capabilities (types of work that proper specializes in, preferred range of job size, etc.), and why proposer is uniquely suited to provide construction services for the Project.

ii. Qualifications

This criteria relates to the proposer’s capabilities and resources in relation to the Project.

Please address the following:

a. Relevant Experience:

Describe your company’s experience with the construction of public infrastructure projects, and describe how this previous experience will benefit City.

Identify at least three (3) examples of projects that are similar to the Project in terms of:

Infrastructure type (i.e., water line expansion, storm water systems, pedestrian pathways, and traffic calming measures);

Locale (i.e., coastal construction site with unique sandy soil conditions similar to those present at the Project site);

Complicating factors (i.e. slope issues and unique soil conditions requiring significant lengths of retaining wall construction), work within limited right of way; and

Safety concerns (i.e. construction sites in heavily trafficked areas and adjacent to other construction sites).

Describe how these examples relate to your ability to satisfy the requirements of this RFP. Provide client references for each example.

If your project examples do not include public projects, list and briefly describe at least 3 projects of comparable size and complexity to the Project.

b. Proposed Personnel and Project Organization:

Provide an organizational chart showing all key personnel for the Project. Indicate your company’s commitment to assign those personnel to the Project through Project completion, including the percentage of time each key individual will devote to the Project.

For each individual listed on your proposed organization chart, provide background information with relevant project experience.

Provide a staffing plan indicating how you will manage and supervise the Project.

Note that Owner will not approve of the subcontracting of more than 75% of the Work to be perform under the Contract.

c. Schedule:

Provide a Project schedule from commencement of construction to final completion of the Project.

Provide any risks and/or opportunities and solutions in achieving the schedule. If possible, provide examples of how you have faced and solved similar challenges on other projects.

d. Bid Amount:

Provide a bid (Sample shown in Proposal Form Exhibit A) Total to perform the work required under the Construction Contract that corresponds to the unit prices submitted on the Schedule of Prices (Exhibit B).

e. Approach:

What is your company’s approach to building the Project in terms of local trades, valley trades, self-perform, etc. and delivering a high-quality product?

To what extent will your company self-perform work? How does your company ensure a quality product is built?

What practices ensure quality is delivered and attention to detail is maintained?

What are some lessons learned or experiences that have shaped your company’s attention to quality?

What are some potential challenges you see for completing the Project, and how would you resolve them?

f. Lawsuits and Claims:

Provide a list of any outstanding lawsuits including claims, both settled and unsettled, for the past five years. [this section is excluded from the page limit]

iii. Proposer Requirements

Any contractor submitting a proposal must meet the following minimum requirements:

a. All proposers must be licensed to perform business in the State of Oregon and properly licensed to perform the services described in this RFP, including but not limited to being registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board, as specified in OAR 137-049-0230;

b. All proposers must be experienced in those services requested by City;

c. All proposers must agree to execute City’s Construction Contract, if awarded; and

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

Insurance requirements are set forth in the Sample Construction Agreement attached to this RFP as Exhibit C.

S. PROPOSAL EVALUATION

The evaluation process for this RFP will consist of a written proposal evaluation and an optional interview evaluation. City, in its sole discretion, will determine whether to require or forego the interview process and evaluation.

A selection committee will be assembled by the City and will be comprised of at least three (3) members. If City elects to conduct interviews, the interview panel will consist of the same selection committee members. Each proposal shall be evaluated by the selection committee on its completeness and quality in accordance with the criteria identified in this RFP. 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

Relevant Experience, Lawsuits & claims 15

Proposed Personnel and Project Organization

Bid Amount 70

Approach & Schedule 10

TOTAL 100

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

Bids will be scored as shown in the following example:

Low Bid = 70 points Formula: (Low Bid/Bid) X 70 points = score, rounded to nearest tenth For example:

Bids received: Bid#1 $5,000, Bid#2 $4,700, Bid#3 $4,950, Bid#4 $6,100, Bid#5 $5,500 Low Bid = Bid#2 = $4,700 = 70 points Bid#1: (4700/5000)X70 = 65.8 Bid#2: (4700/4700)X70 = 70.0 Bid#3: (4700/4950)X70 = 66.5 Bid#4: (4700/6100)X70 = 53.9

Bid#5: (4700/5500)X70 = 59.8

If City elects to require an interview process, the interview panel shall interview the three highest-ranked proposers whose proposals evidence the highest level of qualification and experience to proceed to an oral interview and presentation. Should fewer than three proposals be received, the proposers submitting a proposal that meets minimum requirements will be interviewed. Each proposer selected to interview and present will require the proposer’s proposed project manager for the Project to attend the interview and presentation.

Each member of the interview panel will re-score the proposals submitted by the proposers invited for interviews, in accordance with the evaluation criteria described in the table above, on the basis of each proposer’s interview. The interview panel will average the proposal scores per category and sum the category averages for a total score for each proposal to determine the highest-ranked eligible proposer. Bid scores will not be re-scored on the basis of interviews but will be included in the total post-interview score for each proposal.

City reserves the right to:

Reject any and all proposals not in compliance with all public procedures and requirements including but not limited to the requirement to demonstrate responsibility under ORS 279C.375(3)(b);

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 (if applicable) of the proposers, City will provide written notice of its intent to award the contract to the highest-ranked proposer.

T. PROTEST OF CONTRACT AWARD

i. A proposer may protest the intent to award the contract in accordance with OAR 137-049-0450, 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 are all higher-ranked proposers; or

City committed a substantial violation of a provision in this RFP or of an applicable procurement statute or administrative rule, and the protesting proposer was unfairly evaluated and would have, but for such substantial violation, been the responsible proposer offering the highest-ranked proposal.

3. The protest is clearly marked as a protest, includes a description of this RFP, and is delivered to the point of contact and address set forth in Section V of this RFP.

4. All protests of award must be in writing and physically received by the contact set forth in Section IV of this RFP no later than 5:00PM on the deadline for submitting such protests as set forth in Section V(A).

5. 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 of award.

ii. Protests not filed within the time specified in Section V(A), 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 documents is not a ground for protest of award.

iii. City will resolve all protests in accordance with OAR 137-049-0450.

U. CONTRACT REQUIREMENTS

City reserves the right to negotiate final terms of a Construction Contract as City determines to be in its best interest.

City will negotiate the Construction Contract once the selection committee and interview panel (if applicable) have chosen the highest-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 Construction Contract that incorporates the proposer’s proposal, clarifications, addenda, additions, and insurance. All such materials constitute the contract documents.

A-1

Exhibit A

Proposer Sheet

Complete and execute this proposal sheet and include it with your proposal

Proposal From:

The undersigned hereby proposes to provide to City all materials, services, and labor necessary to perform all work in connection with the Project in strict accordance with the terms of the RFP.

In submitting this proposal, the undersigned agrees:

a. To hold this proposal open for 60 days from the date of the proposal due date and to accept the provisions of the RFP regarding proposal security.

b. To execute the contract relating to this RFP if the proposal is selected.

c. To provide all goods, equipment, and services to perform the contract.

d. To perform under the contract according to the agreed-upon schedule.

1. Addenda:

Complete this section if any Addenda were issued and received.

Proposer has received Addenda # _________ through #_________; the most recently received addendum is dated _________________________________________.

Proposer must respond to each of the yes/no prompts below, otherwise the proposal will not be considered.

2. Proposal Security:

Each proposal must be accompanied by proposal security in the form required by OAR 137-049- 0290 (surety bond; irrevocable letter of credit, or cashier’s check or certified check) in an amount of not less than 10% of the total bid price. City will release proposal security as provided in OAR 137-049-0290.

3. Performance, Payment, and Public-Works Bonds:

No later than ten days after the receipt of Notice of Award, the selected proposer must be prepared to execute the contract provided by City and to file a public works bond with the Contractors Construction Board as required under ORS 279C.836. The selected proposer must deliver to City and maintain performance and payment bonds as required by the contract and

OAR 137-049-0460.

4. Prevailing Wages:

Oregon Prevailing Wages: The Construction Contract calls for the payment of the Oregon prevailing wage rates, as determined by the Commissioner of BOLI. The “applicable prevailing wage rates” are those rates set forth in the BOLI Publication “Prevailing Wage Rates for Public

A-2

Works Contracts subject to BOTH the State PWR and Federal Davis-Bacon Act” and any applicable published amendment or correction to it. BOLI publications can be reviewed electronically at https://www.oregon.gov/boli/employers/pages/prevailing-wage-rates.aspx.

The applicable prevailing wages will be those in effect on the date of publication of this RFP as described above, and which rates are incorporated by reference in this RFP and Construction Contract.

Proposer certifies that proposer will pay the Oregon prevailing wage rate.

Yes No

5. Nondiscriminatory Subcontractor Participation:

Proposer certifies that it has not and will not discriminate, in violation of ORS 279A.110(1), against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business, or an emerging small business in awarding any subcontract relating to this RFP or any contract awarded under it.

6. Construction Contractors Board or Landscape Contractors Board Registration:

City will not consider a bid from a proposer that is not registered with the Oregon Construction Contractors Board, if required by ORS 701.021, or the Oregon Landscape Contractors Board, if required by ORS 671.530.

Oregon Construction Contractors Board Registration Number: _________________ Expiration Date: _________________

Oregon Landscape Contractors Board Registration Number: _________________ Expiration Date: _________________

7. Tax Compliance:

Proposer has complied with the tax laws of the state of Oregon or a political subdivision of the state of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318.

Yes No

8. Asbestos Abatement: Not Required.

9. Oregon Office for Business Inclusion and Diversity Certification: Please indicate whether your business is certified under ORS 200.055 as any of the following:

Disadvantaged Business Enterprise Minority-Owned Business

Woman-Owned Business Emerging Small Business

Service-Disabled Veteran Owned Business

10. Bid Form. The price bid must include one lump-sum cost for the Project and correspond to the schedule of prices in Exhibit B to this RFP.

Dollars ($____________________).

The amount must be written in both words and figures. Proposer represents that the price bid is made

A-3 according to the terms of this RFP, and that the price bid covers all expenses incurred in providing City with all materials, services, and labor necessary to perform all work in connection with the Project.

Proposer’s Signature and Identification:

Proposer certifies that this proposal is genuine, has been arrived at by the proposer independently, and has been submitted without collusion with any other person or entity designed to limit independent bidding and competition.

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

Name of Proprietor, Partnership, or Corporation:

Authorized Official Name and Title (Please Print):

Signature of Authorized Official: ______________________________ Date Signed:

Street Address City, State, and Zip Code

Mailing Address (if different from street address) City, State, and Zip Code

Phone Number Email Address

Employer Federal ID Number

4907-0083-6876.10

B-1

Exhibit B

Schedule of Prices

ITEM ITEM DESCRIPTION UNIT

ESTIMATED

QUANTITY UNIT PRICE TOTAL PRICE

1 MOBILIZATION LS 1 Lump Sum $

2 TEMPORARY PROTECTION AND

DIRECTION OF TRAFFIC LS 1 Lump Sum $

3 EROSION AND SEDIMENT CONTROL LS 1 Lump Sum $

4 CLEARING AND GRUBBING AC 1.25 $ $

5 ASPHALT PAVEMENT SAWCUTTING LF 701 $ $

6 SALVAGE AND REINSTALL HYDRANT EA 1 $ $

7 REMOVAL OF PAVEMENT, AC/PCC

(INCLUDING HAUL) SY 5004 $ $

8 REMOVAL OF WALK SY 31 $ $

9 REMOVAL OF CURBS LF 297.6 $ $

10 REMOVE OR PLUG-FILL AND ABANDON

EXISTING PIPE (WATER) LF 294 $ $

11 REMOVAL OF PIPE (STORM SEWER) LF 337 $ $

12 REMOVAL OF STRUCTURES (STORM

SEWER, CB ONLY) EA 9 $ $

13 SALVAGE EXISTING SIGNS LS 13 Lump Sum $

14 GENERAL EXCAVATION CY 560 $ $

15 TOPSOIL (SEEDED AREA) CY 205 $ $

16 BORROW EXCAVATION TN 760 $ $

17 BASE COURSE AGGREGATE CY 1693 $ $

18 LEVELING COURSE AGGREGATE CY 208 $ $

19 RETAINING WALL (AVG. HEIGHT 22') LF 835 $ $

20 4 FOOT CHAIN LINK FENCE LF 835 $ $

21 W-BEAM GUARDRAIL, TYPE 2A LF 880 $ $

22 W-BEAM END TREATMENT-TYPE 5 EA 2 $ $

23 LEVEL 2 - 3/8 INCH ACP MIXTURE

WEARING COURSE (ROADWAY) TON 647 $ $

24 LEVEL 2 - 1/2 INCH ACP MIXTURE BASE

COURSE (ROADWAY) TON 577 $ $

25 LEVEL 2 - 3/8 INCH ACP MIXTURE (PATH) TON 186 $ $

26 2" COLD PLANE PAVEMENT REMOVAL SY 603 $ $

27 EXTRA FOR PEDESTRIAN LANDINGS-ADA

RAMPS EA 11 $ $

28 6" CONCRETE CURBS, CURB & GUTTER LF 1050 $ $

29 4" CONCRETE CURBS, MOUNTABLE-

ROLLED CURB & GUTTER LF 410 $ $

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QUANTITY UNIT PRICE TOTAL PRICE

30 VALLEY GUTTER CONCRETE SURFACING LF 679 $ $

31 MINOR ADJUSTMENT OF MANHOLES EA 3 $ $

32 CONNECTIONS TO EXISTING WATER

MAIN EA 7 $ $

33 6" PVC IPS, SDR 21 WATERMAIN LF 55 $ $

34 6" DI PIPE Class 52 LF 7 $ $ 35 8" DI PIPE Class 52 LF 8 $ $

36 10" HDPE SDR 14, WATERMAIN LF 2152 $ $

37 8" DI MJ BENDS (VARIOUS ANGLES) EA 1 $ $

38 10" DI MJ BENDS (VARIOUS ANGLES) EA 10 $ $

39 10"X10"X6" DI FLG TEE EA 3 $ $

40 10"X10"X6" DI MJ TEE EA 1 $ $

41 10" DI FLG TEE EA 1 $ $

42 10" DI MJ TEE EA 1 $ $

43 10" FLG X MJ TEE EA 2 $ $

44 6" MJ GATE VALVE EA 2 $ $

45 6" FLGXMJ GATE VALVE EA 2 $ $

46 10" FLGXMJ GATE VALVE EA 12 $ $

47 10" MJ GATE VALVE EA 2 $ $

48 6" MJ LONG PATTERN SLEEVE EA 2 $ $

49 8" MJ LONG PATTERN SLEEVE EA 4 $ $

50 10" MJ LONG PATTERN SLEEVE EA 1 $ $

51 10" TO 8" MJ REDUCER EA 6 $ $

52 6" DI FLG CAP EA 1 $ $

53 2" AIR RELEASE VALVE AND VAULT EA 1 $ $

54 HYDRANT ASSEMBLY EA 2 $ $

55 CDF BACKFILL MATERIAL CY 5 $ $

56 CONNECTIONS TO EXISTING STORM

SEWER EA 4 $ $

57 8 INCH HDPE PIPE, 5 FT DEPTH LF 179 $ $

58 12 INCH HDPE PIPE, 5 FT DEPTH LF 1718 $ $

59 18 INCH HDPE PIPE, 5 FT DEPTH LF 48 $ $

60 TYPE 1 CATCH BASIN EA 27 $ $

61 NYLOPLAST CATCH BASIN EA 5 $ $

62 48" STORM SEWER MANHOLE (ALL

DEPTHS) EA 5 $ $

63 INFILTRATION BASIN STRUCTURE EA 1 $ $

64 CENTER LINE (YELLOW DOUBLE LINE) LF 2553 $ $

65 FOG LINE (WHITE SINGLE LINE) LF 500 $ $

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QUANTITY UNIT PRICE TOTAL PRICE

66 STOP BARS (THERMOPLASTIC) LF 107 $ $

67 CROSSWALK STRIPES (6 X 2

THERMOPLASTIC) EA 54 $ $

68 SPEED BUMPS EA 8 $ $

69 TRAFFIC DELINEATORS EA 51 $ $

70 TEMPORARY SEED SY 3688 $ $

71 PERMANENT SEED SY 3688 $ $

72 COMPOST EROSION BLANKET SY 3688 $ $

73 LANDSCAPING LS 1 Lump Sum $

SUBTOTAL SCHEDULE A - CLASSIC STREET SECTION $

QUANTITY UNIT PRICE TOTAL PRICE

74 8" HDPE SDR 14, WATERMAIN LF 1483 $ $

75 8" HDPE SDR 14, WATERMAIN

(TRENCHLESS)

LF 116 $ $

76 8" DI BENDS (VARIOUS ANGLES) EA 1 $ $

77 8"X8"X6" DI FLG TEE EA 2 $ $

78 8" DI FLG TEE EA 2 $ $

79 6" MJ GATE VALVE EA 1 $ $

80 6" FLGXMJ GATE VALVE EA 1 $ $

81 8" FLGXMJ GATE VALVE EA 9 $ $

82 8" DI MJ LONG PATTERN SLEEVE EA 2 $ $

83 8" DI MJ CAP EA 1 $ $

84 2" AIR RELEASE VALVE AND VAULT EA 1 $ $

85 HYDRANT ASSEMBLY EA 1 $ $

86 CONNECTIONS TO EXISTING WATER

MAINS

EA 3 $ $

SUBTOTAL SCHEDULE B – NECARNEY CITY ROAD SECTION $

Any estimate of the quantities of work to be done and set forth by City under unit price bids is approximate and is given only as a basis of calculation for comparison of bids and award of the Construction Contract. City does not warrant that the actual amount of work will correspond to any quantity of work as shown or estimated. Payment will be made at unit prices under a contract only for work actually performed or materials actually furnished according to actual measurement. Proposers must include in their bid prices the entire cost of each item of work set forth in the bid, and when, in the opinion of City, the prices in any bid are obviously unbalanced, such bid may be rejected. The unit prices for the various bid items shall be full compensation for all things of whatsoever nature required for the complete incorporation of the item into the work the same as though the item were to read “In Place.”

C-1

EXHIBIT C

Sample Construction Agreement

AGREEMENT

THIS AGREEMENT, made this day of _______, 2025 by and between

CITY OF MANZANITA

hereinafter called the Owner, and , hereinafter called the “Contractor.”

WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows:

ARTICLE I - Scope of the Work

The Contractor hereby agrees to furnish all labor, materials, equipment and supplies necessary for the construction and completion of the project entitled

Manzanita Classic Street Connection all in accordance with the requirements and provisions of the Contract Documents. The term “Contract Documents” means and includes the following:

a. Request for Proposal

b. Contractor’s Executed Proposal Form and Schedule of Prices

c. This Agreement

d. General Conditions to the Agreement

e. Performance Bond

f. Payment Bond

g. Notice of Intent to Award

h. Notice to Proceed

i. All Change Orders issued after execution of this Agreement

j. Drawings prepared by Windsor Engineers and North Coast Civil Design, and dated April 15, 2025

k. Specifications prepared or issued by Windsor Engineers with input from North Coast Civil Design, dated April 15, 2025

l. Addenda:

No. , dated , 2025.

All the above form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

ARTICLE II - Time of Completion

The Work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner to the Contractor to proceed. The written Notice to Proceed shall be issued within 10 days following receipt of the acceptable Performance Bond, Payment Bond, and Agreement signed by the party to whom the Agreement was awarded. Substantial Completion shall be achieved not later than November 21, 2025 with such extensions of time as are provided for in the

General Conditions. The time allotted to reach Substantial Completion is the “Contract Time.” Contractor must fully complete all Work required under the Contract within 14 days after Substantial Completion.

ARTICLE III - Time is of the Essence

The Owner and Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not substantially complete within the time specified in Article II above, plus any extensions of time allowed in accordance with the General Conditions. Such financial loss includes, but is not limited to, a loss of funding for the Project (a majority of the Owner’s funding for the Project is grant-funded and is contingent on timely Project completion).

ARTICLE IV - Contract Price

The Owner will pay the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of Work in the Schedule of Prices completed at the unit price stated. The number of units contained in the Schedule of Prices is approximate only, and the final payment will be made for the actual number of units that are incorporated in, or made necessary by, the Work covered by the Contract.

ARTICLE V - Progress Payments

1. On no later than the fourth calendar day of every month the Contractor shall prepare and submit to the Engineer a progress payment estimate filled out and signed by the Contractor. The estimate shall cover the total quantities under each item of Work that have been completed from the start of the job up to and including the last day of the preceding month. The estimate shall include the value of the Work so completed determined in accordance with such supporting evidence as may be required by the Owner and/or the Engineer. The estimate shall also include an allowance for the cost of such materials and equipment required in the permanent Work as has been delivered to the site and suitably protected but not as yet incorporated in the Work.

2. The Engineer will, within 5 days after receipt of each progress payment estimate, either indicate in writing the Engineer’s approval of payment and present the progress payment estimate to the Owner, or return the progress payment estimate to the Contractor indicating in writing the Engineer’s reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the progress payment estimate.

3. The Owner will, after deducting previous payments made, promptly pay to the Contractor 95% of…