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Final Design and Permitting
Solicitation number
S-P00400-00016398
Issued by
Multnomah County, Oregon

About this file

This is a Request for Proposals (RFP) issued by Mt. Hood Community College (MHCC) for architectural and engineering services related to the Kelly Creek Restoration Project. The project involves final design, permitting, and related services for the removal of a 70-foot earthen dam built in 1968 on the MHCC campus in Gresham, Oregon, and its replacement with a pedestrian bridge and restored stream and floodplain habitat. The selected firm will provide interdisciplinary engineering, environmental, planning, and technical services including geotechnical investigations, historic and cultural resources documentation, permit-level design at 60-percent completion, advanced-level design at 90-percent completion, and bid documentation. The proposal deadline is April 17, 2026, at 4:00 PM (PST), with an anticipated intent to award notice on May 1, 2026, and contract execution on June 1, 2026. The performance period for Phase 3 services extends from June 1, 2026, through December 2027, with Phase 4 construction contract administration targeted for 2028–2029. MHCC anticipates awarding one contract from this RFP.

The budget for Phase 3a professional services is not to exceed $425,000, with MHCC currently having this amount available for initial authorization under the Notice to Proceed. Phase 3b and 3c task authorization is contingent upon grant awards from the Oregon Department of Fish and Wildlife's Private Forest Accord program, the Oregon Watershed Enhancement Board's Technical Assistance grant program, and Metro's Nature in Neighborhoods Capital grants program. Phase 3a funding is provided through the East Multnomah Soil & Water Conservation District. The selected consultant must be a duly licensed Oregon Registered Professional Engineer in active status with the Oregon State Board of Examiners for Engineering and Land Surveying, and must perform all engineering services under responsible charge. Proposers must complete the Certified Disadvantaged Business Form and Outreach Plan to demonstrate good faith efforts in engaging minority-owned, woman-owned, service-disabled veteran-owned, and emerging small businesses. The contract is subject to prevailing wage requirements under ORS 279C.800 to 279C.870, and all iron, steel, manufactured products, and construction materials must comply with Build America, Buy America Act requirements if federal funding is secured for future phases.

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REQUEST FOR PROPOSALS (RFP)

A&E Procurement

Kelly Creek Restoration Project Final Design and Permitting

RFP No: 03192026

PROPOSALS DUE: April 17th, 2026

NOT LATER THAN 4:00 PM (PST)

LATE PROPOSALS WILL BE REJECTED

Direct all questions regarding the RFP to:

Mejdi Mahjoub Mejdi.Mahjoub@mhcc.edu

(503) 491-6085

All questions and contacts with Mt. Hood Community College (hereinafter referred to as “MHCC”) regarding this RFP must be addressed in writing to the RFP Contact listed above. Any questions or issues that may arise regarding the Specifications, the bidding process, and/or the award process shall be directed to the RFP Contact. MHCC’s official response to any questions or requests will be through direct letters or the addendum process. Contact with other MHCC staff without prior clearance from the RFP Contact listed above may result in bidder disqualification.

The contract is for a public work and shall be subject to the prevailing wage requirements of ORS 279C.800 to ORS 279C.870. The successful Bidder and its subcontractors shall pay the applicable prevailing wages to their workers as required by ORS 279C.840, and as listed in the most current BOLI prevailing wage rate publication, (Prevailing Wage Rates for Public Works Contracts in Oregon) as of the issue date of this ITB.

RFP Timeline

Schedule Item Date Proposal submittal deadline April 17, 2026 4:00 PM (PST)

Intent to award notice May 1, 2026

Contract execution June 1, 2026 – Pending Board Approval

The above schedule is approximate and subject to change

RFP Preparation Costs Please note that throughout this RFP process, MHCC will not accept proposals or queries that require the

College to pay the cost of production or delivery of an RFP.

1.00 GENERAL INFORMATION

1.1 INTRODUCTION

The Mt. Hood Community College (“MHCC”) is seeking Proposals from Contractors to complete final design, permitting, and related services in support of the Kelly Creek Restoration Project.

The Kelly Creek Dam Removal and Restoration Project (Project) on the Mt Hood Community College campus is a cornerstone project that allows the benefits of all previous restoration projects in the Beaver Creek watershed to be realized. Mt. Hood Community College anticipates replacing the 70-ft dam and 2-acre impoundment with a pedestrian bridge and functional stream and floodplain habitat. The proposed final design and permitting project will complete a critical site studies for design and permitting documentation, a permit-level and final design package, bid documentation, and secure construction permits (i.e., remaining technical pre-construction activities). Additional details on the Scope of the Services are described in Section 3.02 (Services Sought) of this RFP.

The Project is described in more detail in Section 3.01 of this RFP.

MHCC anticipates the award of one (1) Contract from this RFP.

See Section 3.05 (Contract Duration) and Section 6.03 (Contract) for additional information.

Definitions are located in Section 2.04.

1.2 A Proposal received after the Bid Opening Date is considered late and late submissions due to any reason will not be accepted.

1.3 OBTAINING RFP DOCUMENTS

The RFP and attachments are made available on Box for download. Documents will not be mailed to prospective Proposers.

1.4 RFP ATTACHMENTS

The following are attachments to this RFP:

ATTACHMENT A - SAMPLE CONTRACT

ATTACHMENT B - PROPOSER INFORMATION AND CERTIFICATIONS FORM

ATTACHMENT C - PROPOSAL COVER SHEET

ATTACHMENT D - CERTIFIED DISADVANTAGED BUSINESS FORM AND OUTREACH PLAN

ATTACHMENT E - RESPONSIBILITY INQUIRY FORM

ATTACHMENT F - 2019 KELLY CREEK DAM REMOVAL FEASIBILITY STUDY AND APPENDICES

ATTACHMENT G – 2026 KELLY CREEK RESTORATION PROJECT PRELIMINARY DESIGN REPORT

ATTACHMENT H – OR DEPARTMENT OF WATER RESOURCES KELLY CK DAM INFORMATION

https://riverlogicprojects.box.com/s/jw7c6yej8wai7ah0xex7oqjx2l9jq21v

Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to accommodate the negotiation schedule above if selected for intent to award. See Section 6.03.2 Negotiations.

1.5 SINGLE POINT OF CONTACT (“SPC”)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

1.6 MHCC STATEMENT OF DEI VALUES. The Mt. Hood Community College is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses.

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 Electronic Signatures.

By submitting a Proposal to this RFP, the Proposer agrees with MHCC that signatures, and other forms of authorized representative certification, showing on documents submitted via email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

2.02 Proposer Certification

By participating in the procurement process and submitting a Proposal for Services, Proposer must abide by all requirements and provide all certifications listed herein and in the Proposer Information and Certifications Form (Attachment B). Any Proposal that is received conditioned on MHCC’s acceptance of any other terms and conditions or rights to negotiate will be rejected.

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

3.1 GENERAL BACKGROUND AND PROJECT DESCRIPTION

SUMMARY OVERVIEW

Mt. Hood Community College (MHCC) is seeking Proposals from qualified firms to provide Professional Services, including the engineering, environmental, planning, and technical services necessary to complete Plans, Specifications, Estimate (PS&E), secure construction permits, and provide support in advancing the Project to construction. The selected Proposer shall provide interdisciplinary engineering, design, scientific, and technical services for the Project, including, but not limited to, confirmation of project requirements and criteria, Tribal and regulatory consultation, technical site studies including geotechnical evaluation and historical/archaeological documentation, engineering design package submittals and collaborative review at the 60- and 90-percent level milestones with a basis of design report revised to a level commensurate with each design milestone, updates and ongoing refinement of a cost estimate with sufficient basis, project permit documentation and approvals, bid documentation and award support, and construction oversight.

Proposers responding to this RFP do so solely at their expense, and MHCC is not responsible for any Proposer expenses associated with this RFP.

Project Description/General Background Information:

Kelly Creek dam (an earthen dam with buried utility lines) was built in 1968 on the Mt. Hood Community College (MHCC) campus in the City of Gresham. The dam crest provides a pedestrian pathway and connects the north and south ends of campus. The dam significantly contributes to impaired water quality and is a total fish passage barrier located on Kelly Creek approximately 900 ft upstream of the confluence with Beaver Creek. Fish species present below the dam include coho salmon, spring and fall run Chinook salmon, Chum salmon, winter steelhead, Pacific lamprey, and other native fish such as resident rainbow trout, cutthroat trout, brook and river lamprey. Kelly Creek is the largest tributary to Beaver Creek, the downstream-most fish-bearing tributary to the Sandy River. The Kelly Creek sub watershed upstream consists of 4.0 mi of unimpeded mainstem stream habitat, which flows from rural unincorporated Multnomah County through the City.

Beaver Creek, including Kelly Creek, is on the Clean Water Act’s 303(d) list for temperature impairment. Inline ponds, like the Kelly Creek dam impoundment, and lack of riparian shading contribute to elevated stream temperatures. A key source of high summer temperatures affecting the survival of salmon species and other native fish is the Kelly Creek dam impoundment.

Temperature data shows the Kelly Creek Dam impoundment increases stream temperature between 4-6oC. The Kelly Creek dam increases temperature standard exceedance days for juvenile salmon by nearly 60 days during the summer months. As the summer low flow of Kelly Creek is similar to the discharge of Beaver Creek at the confluence of these streams, the impact of the impoundment on Beaver Creek water temperatures is significant. Removing the dam and restoring cooler stream habitat and a riparian buffer zone where the current impoundment is located will supplement the college’s previous and ongoing water quality improvements on campus and the millions of dollars of investment in the Beaver Creek watershed by the Beaver Creek Partnership.

The Kelly Creek dam is within the jurisdiction of the Oregon Water Resources Department (OWRD) Office of Dam Safety. OWRD files related to dam construction, specifications, and correspondence are provided in RFP Attachment H. The Kelly Creek Dam Removal Feasibility Study was completed in 2019 by River Design Group under contract with the (now defunct) Sandy River Watershed Council, as provided in RFP Attachment F. Since then, the college has been deeply engaged with a comprehensive planning process that charts the course for future improvements on campus. The comprehensive facilities plan (2024) identifies Kelly Creek dam removal as a priority action. Project planning efforts were reinitiated in August 2024 when MHCC, in coordination with partners, secured a private foundation grant. In 2025, MHCC contracted Otak, Inc., to complete additional site studies and prepare a preliminary design package, as provided in RFP Attachment G. A hydraulic model and CAD files were developed to support preliminary design; native files are available to support advancing modeling and design under this Contract in Phase 3. These attachments are provided for informational purposes and may not constitute a standard, specification, or regulation.

Key coordinating project partners include the East Multnomah Soil and Water Conservation District, City of Gresham, Multnomah County, Metro, the Confederated Tribes of Grand Ronde, the Oregon Department of Fish and Wildlife, the Oregon Watershed Enhancement Board, US Fish and Wildlife Service, and other entities involved in the Beaver Creek Partnership.

Project Objectives include:

• Increase species resiliency, decrease downstream temperatures, and restore free-flowing hydrologic conditions.

• Use process-based restoration to restore Kelly Creek’s degraded stream, floodplain, and riparian habitat to its natural condition/function.

• Provide volitional fish and aquatic organism passage to juvenile rearing and potential spawning habitat through restoration of self-maintaining ecological processes.

• Maintain campus connectivity (pedestrian, emergency service vehicles, utilities) across Kelly Creek by replacing the dam with a bridge.

• Reduce pollutant loading by treating stormwater runoff from the Kane Road crossing, in coordination with City of Gresham staff and in conformance with the City of Gresham Public Works Standards and Stormwater Management Manual.

• Provide for ADA-access and educational opportunities including interactive learning, scientific research and real-world laboratory for student involvement.

To achieve these objectives, MHCC anticipates the following construction elements: dam removal, stream and riparian vegetation restoration, bridge construction, stormwater treatment features, and access improvements. In addition to advancing and completing design of the anticipated construction elements, the design work for the Project includes, but is not limited to final geotechnical investigation, environmental work, and documentation of historic and cultural resources. Other MHCC considerations include campus operations and pedestrian safety during construction.

The selected Proposer and MHCC will negotiate the Phase 3 delivery schedule, costs, and final Statement of Work, within the scope of what is advertised here, for inclusion in the final Contract.

The budget for Professional Services solicited under this proposal to complete Phase 3a will not exceed $425,000.

3.2 Contract Phases.

Feasibility assessment (2019), and Phases 1 and 2 of the Project were completed in 2019-2025 under separate contract(s). The contracted Services will continue the phased development of the Project and be performed in the following anticipated contract phases, as follows:

• Phase 3a– environmental, engineering, and permitting services

• Phase 3b – environmental, engineering, and permitting services

• Phase 3c – bid documentation and award assistance

• Phase 4 - Construction Contract Administration, Construction Engineering and

Inspection (“CA/CEI”)

MHCC may, however, at its discretion:

• Amend this Contract to add the next phase (or various elements) pending grant funding, or

• Assign subsequent phase tasks to another consulting firm.

3.3 SERVICES SOUGHT

Services and deliverables sought include, but are not limited to, the following:

• Participation in project team meetings and design meetings (describe and include meetings in Approach section of the proposal narrative). At a minimum, this includes: a) Proposer’s Project Manager attendance in monthly recurring project team meetings; b) design team meetings as needed to ensure coordination and progress in performing the services described below in alignment with MHCC requirements, project objectives, project design criteria, and regulatory requirements; and c) a design submittal review meeting and risk management workshops related to constructability and cost estimate review at each milestone.

• Consultation with Tribes and regulatory agencies to confirm the permitting pathway and regulatory and permit requirements.

• Technical site studies and documentation needed to develop a robust permit-level 60% design package and permit applications. Anticipated studies and documentation include Historic and cultural resources documentation for Tribal and Section 106 consultation, and geotechnical investigation to confirm the physical dam material properties and slope stability around the impoundment.

• Permit-level/60% design package, including engineering plans, a 60%-level commensurate Basis of Design report and Engineer’s Opinion of Probable Construction Cost (OPCC)*, a permitting plan and schedule, and other pertinent documentation.

• Advanced-level/90% design package, including engineering plans, specifications and final estimate (PS&E), 90%-level commensurate Basis of Design report and OPCC*, and other pertinent documentation.

*Each OPCC shall include Basis of Estimate documentation in compliance with AACE estimate classifications that includes: (a) scope definition and WBS; (b) quantity takeoffs by pay item; (c) unit‑price sources (e.g., recent comparable bid tabs, vendor/subcontractor quotes, published databases) and adjustments for location/market conditions; (d) labor rates (including prevailing wage), equipment/productivity assumptions, and crew compositions; (e) indirects (general conditions, mobilization, temporary works, bonds, insurance, permits, sales/use taxes); (f) allowances and exclusions; (g) contingency derivation tied to a risk register; (h) escalation to the mid‑point of construction using a stated index/assumption; (i) estimate date, currency, and assumed bid/award schedule; and (j) a change log to document 30/60/90/IFB changes.” Each OPCC shall be provided in PDF and native spreadsheet (unlocked) with transparent formulas and separate lines for quantities, unit costs, indirects, contingency, and escalation.

• Bid documentation: a complete, ad‑ready Design-Bid-Build bid package

• Presentation of technical information, discussion, and tracking of questions and input from key partners, Tribes, and regulatory agencies in four external (4) campus coordination and three (3) Technical Review Team meetings. Consultant will be responsible for coordinating with MHCC’s Consultant Owner’s Representative and Project Manager to facilitate meetings.

• Construction Contract Administration and Contractor Oversight – as described in amendment

Deliverables Format requirements:

• Consultant shall submit draft and final deliverables in electronic format via e-mail (and hard copy if requested).

• Consultant shall also submit any graphic files accompanying reports separately in .jpg or .tif formats unless specified differently by MHCC.

• Each draft and final text-based or spreadsheet-based deliverable must be provided in MS Office file formats (i.e., MS Word, Excel, etc.).

• Additional format requirements may be listed with specific tasks or deliverables throughout the SOW or in the Contract.

3.4 Scope and Budget Expectations

MHCC currently has $425,000 available for initial authorization under the Notice to Proceed (NTP). Therefore, the proposed scope of work must be organized into logical tasks, phases, and priorities to allow the Owner to initiate the highest‑priority work within the available funding while retaining the ability to authorize subsequent phases as additional funds become available.

To accommodate this structure, proposers shall organize their work plans into prioritized, sequential phases, clearly identifying:

• Critical‑path tasks required to maintain schedule;

• Tasks recommended for inclusion in the initial NTP phase (≤ $425,000);

• Tasks appropriate for later phases as funding becomes available; and

• Dependencies or constraints that influence task sequencing.

This structure will enable the Owner to issue the initial NTP for priority work while reserving the option to issue Notice to Proceed for subsequent phases with written authorization.

MHCC and Consultant shall negotiate the detailed tasks, deliverables, schedule and costs for the full scope of Phase 3 services. Phase 4 will be authorized only by written Contract amendment with all required approvals and signatures.

3.5 General Expectations

The requirements in this section apply only to any Proposer that receives an intent to award notice following MHCC’s evaluation and scoring of Proposals (and interviews, if conducted). Proposer commits to oversee and direct the design for the Project to obtain the greatest long-term value for the Mt. Hood Community College, and which reflects the prudent expenditure of public funds within the constraints of the Project, program, context, and budget.

In pursuing this goal, Proposer commits to:

1.1.1 Manage and facilitate all facets of the Project that are reasonably within Proposer’s control to ensure the Project is completed on or ahead of time and within budget;

1.1.2 Collaborate effectively with key partners, stakeholders, and other consultants;

1.1.3 Strive to reduce the construction cost of the Project while keeping life-cycle costs low;

1.1.4 Successful Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services, pursuant to OAR 125-246- 0321.

1.1.5 Embody sound and cost-effective sustainability principles in the Services performed under the Contract consistent with the provisions of the Oregon Sustainability Act (2001 HB 3948) that are included in ORS 184.421-.423.

1.1.6 Build America/Buy America - There is currently NO federal funding secured for the Project. However, federal funding is targeted for future phases. For federally assisted infrastructure projects, the Build America, Buy America Act requires that all iron, steel, manufactured products, and construction materials used for the project be produced in the United States. Successful Proposer shall be responsible for providing a design that aims to conform to these requirements. If a waiver is deemed necessary given project requirements, justification should be provided in basis of design documentation.

1.2 Performance Schedule.

The performance period for Phase 3 services is June 1, 2026 (or earlier depending on contract negotiation) through December 2027.

Phase 4 is targeted to occur 2028 – 2029, pending funding.

1.3 Funding Source(s):

Funding: Phase 3a of the Project is funded through the East Multnomah Soil & Water Conservation District.

State funding: Three grant applications have been submitted to support completion of pre-construction activities: A grant application was submitted to the Oregon Department of Fish and Wildlife’s (ODFW) Private Forest Accord (PFA) grant program in January 2026. A grant application was submitted to the Oregon Watershed Enhancement Board (OWEB) Technical Assistance (TA) grant program in February 2026. A grant application will be submitted to Metro’s Nature in Neighborhood’s Capital grants program in April 2026. Phase 3b and 3c task authorization is pending one or more of these grant award(s) in 2026.

1.4 Silence of Specification

The apparent silence of this scope of work, any specifications and any supplemental specifications as to any detail, or the apparent omission from one of these areas of a detailed description concerning any point, shall be regarded as meaning that only the best commercial, industrial, and management practice is to prevail and that only materials and workmanship of first quality are to be used. Services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Proposer, must be included and described in the Proposal.

2.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

2.1 QUESTIONS AND CLARIFICATIONS

Any Proposer may make a request for clarification of RFP terms or requirements or information.

Questions and requests for clarification must be submitted in writing via e-mail or in the virtual pre-conference meeting to the SPC. Clarifications, whether verbal, in Writing, or included in an Amendment as a “clarification,” will be issued at the discretion of the SPC and do not change contractual terms, or procurement requirements.

2.2 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 the RFP, the RFP on file with MHCC shall govern and the decision of the Mt. Hood Community College shall be final and binding upon all parties.

2.3 COST OF PREPARATION OF PROPOSAL

Proposer is responsible for all costs incurred in Proposal preparation and participation in the Proposal evaluation, Award and Contract negotiation processes.

2.4 OREGON PUBLIC RECORDS LAW; CONFIDENTIAL OR PROPRIETARY

INFORMATION

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the Contract(s), shall be kept by MHCC and made a part of its records. Proposals shall be open to public inspection in accordance with ORS 279C.107.

If a Proposer believes that any portion of a Proposal contains any information that may be considered exempt from disclosure as a trade secret under ORS Chapter 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate the portions of its Proposal that Proposer believes are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal, in whole, as a trade secret, confidential or otherwise exempt from disclosure is not acceptable.

Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer believes are exempt from disclosure, Proposer is deemed to have waived any later claim of an exemption or request for non-disclosure of that information.

Application of the Oregon Public Records Law shall determine whether any information is actually exempt from disclosure. Proposer is advised to consult with legal counsel regarding disclosure issues.

MHCC will not be liable for any disclosure or release of information that Proposer considers to be exempt from disclosure if required by applicable law or court order. MHCC shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

2.5 FIRM OFFER

Submission of a Proposal constitutes Proposer’s affirmation that all terms and conditions of the Proposal constitute a firm offer, irrevocable, valid and binding on the Proposer for not less than ninety (90) days from the Proposal Due Date and Time specified on the cover page of this RFP.

2.6 MODIFICATION OR WITHDRAWAL OF PROPOSAL

If a Proposer wishes to withdraw or make modifications to a submitted Proposal, Proposer must contact the SPC as soon as possible via email or phone.

3.00 EVALUATION AND SELECTION

MHCC will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 125- 248-0210/OAR 137-048-0210 and this RFP.

Responsive Proposals (see Section 5.01) will be forwarded to an evaluation committee that will independently review, score and rank Proposals according to the Evaluation Criteria set forth in Section 5.04. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in this RFP with the responsiveness and the relevance of experience/qualifications presented in the Proposal.

The outcome of the evaluation process may, in MHCC’s sole discretion, result in:

(a) notice of interviews; b) request of clarification; c) notice to Proposer(s) of selection for Contract negotiation and possible award; or (b) cancellation of this RFP and either re-issuance of this RFP in the same or revised form or no further action by MHCC with respect to this RFP. MHCC may determine it will take further steps to gather additional information for evaluation.

MHCC may reject any or all Proposals and may cancel this RFP at any time if doing either would be in the public interest as determined by MHCC. MHCC is not liable for any costs a Proposer incurs while preparing or presenting the Proposal or during further evaluation stages. All unreturned Proposals submitted in response to this RFP will become property of MHCC and part of the public file.

3.1 Responsiveness Review.

Proposals must be considered responsive for further evaluation. A Proposal received prior to the Bid Opening Date will be reviewed by the SPC to determine if it responsive to the requirements set forth in this RFP. If the Proposal is unclear, the SPC may request clarification from Proposer (See Section 5.02, Clarification of Responses). If the SPC finds the Proposal non-responsive, the Proposal may be rejected; however, MHCC may waive minor informalities (see Section 5.03, Minor Informalities).

3.2 Clarification of Responses.

MHCC reserves the right to request clarification of any item in a Proposal to properly evaluate the Proposal. All requests for clarification and responses shall be in writing. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal. Clarifications cannot be used to supplement or rehabilitate a non-responsive Proposal. Except for requests and responses related to a clarification necessary to evaluate whether a Proposal has met minimum requirements, all requests for clarification and responses will be provided to each selection committee member.

3.3 Minor Informalities.

MHCC, in its sole discretion, may waive minor informalities or allow a Proposer to correct them.

Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or

(2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers.

3.4 “PASS/FAIL” PROPOSAL SUBMITTAL REQUIREMENTS

3.4.1 MHCC will not accept Proposals submitted after the Bid Opening Date and time for this RFP specified in the Solicitation Schedule.

3.4.2 Proposals must be submitted with the required firms outlined below.

Note—Required forms are not included in the Proposal page count.

Required Forms:

Available Points: Pass/Fail

• Proposer Information and Certifications Form (Attachment B to this RFP)

• Certified Business Firm (“COBID”) Outreach Plan (Attachment D to this

RFP)

• Responsibility Inquiry Form (Attachment E to this RFP)

3.5 MIMINUM QUALIFICATIONS (REQUIRED)

Consultant and its subconsultants must be duly licensed to perform the Services, as required by the applicable Oregon Revised Statutes and Oregon Administrative Rules, and other applicable laws. Consultant’s personnel and subconsultant personnel must be duly licensed to perform all Services which they will be performing under the Contract, and must perform such Services under the "responsible charge" of a person so licensed (as that term is defined under ORS Chapter 672), or must be otherwise exempt from any licensing requirements applicable to the Services being performed. MHCC may require Consultant’s Personnel to demonstrate a competency in the particular area/discipline to which they are assigned. This may include, but is not limited to, submittal of license number, resume, and work samples from previously completed services or projects.

REGISTERED PROFESSIONAL ENGINEER

Proposer may not provide engineering Services unless the Services are performed or provided under the full authority and responsible charge of an Oregon Registered Professional Engineer as defined in ORS 672.002(2). The Professional Engineer must be currently registered in active status with the Oregon State Board of Examiners for Engineering and Land Surveying, and must supervise and direct the Services proposed under the Contract. As required by Oregon law, Proposers shall place their official Oregon Registered Professional Engineer certified seal and signature on all reports, maps, design drawings, and specifications delivered under the Contract.

In the space provided on the Proposal Cover Sheet (RFP Attachment C), list the name and registration number of at least one Oregon Registered Civil Engineer in active status intending to perform engineering Services under the Contract.

Licenses Outside of Oregon If the Proposer is an “individual, firm, partnership or corporation offering to practice engineering or land surveying” and “holds a certificate of registration to engage in the practice of professional engineering or land surveying (as applicable) issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country”, the Proposer shall:

Include a written statement that the Proposer is not registered to practice engineering or land surveying (as applicable) in the State, but will comply with ORS 672.002 to 672.325 by having an individual holding a valid certificate of registration in the State in responsible charge of the work prior to performing any engineering or land surveying (as applicable) work within the State. [ORS 672.060(9)(a) and (b)] Proposer shall provide, on the Proposal Cover Sheet (RFP Attachment C), the following information:

The name of the individual employed by Proposer who currently holds a valid certification of registration to practice engineering or land surveying (as applicable), the jurisdiction of the registration and the registration number; and one or both of the following:

The name of the individual not employed by Proposer who currently holds a valid certificate of registration to practice engineering or land surveying (as applicable) in the State who Proposer has engaged to be in responsible charge of the work;

or

The name of the individual employed by Proposer who will be in responsible charge of the work and will obtain a valid certificate of registration to practice engineering or land surveying (as applicable) in the State prior to performance of engineering or land surveying (as applicable) Services under the Contract.

3.6 FORMAT FOR PROPOSAL SUBMITTALS; PAGE LENGTH LIMITATION

• Proposals must not exceed 7 pages, excluding Proposal Cover Sheet (RFP Attachment

C), any tabs or indexes, any of the pass/fail required forms (if required in this RFP), Key Staff Resumes, Project Sample Pages, and Conflict of Interest form(s). If a Proposer submits a Proposal exceeding this limit, MHCC will consider the pages up to that allowable number and discard all subsequent pages. The Proposer may choose how to allocate pages between any sections, within the overall page limit.

• One (1) page is defined as: one side of a single 8-1/2" x 11" page. Any page over this size will be counted as 2 pages. Any page, partial page, tabs, indexes or table of contents with substantive text, tables, graphics, charts, resumes, etc., will be counted as 1 page. If there is any question as to format requirements contact the SPC for clarification.

• Any information Proposer submits that is not required to be included on forms prescribed by this RFP must be formatted in the manner called for in this RFP and submitted on Proposer’s letterhead.

• Proposals must be prepared providing a concise description of the Proposers’ ability to meet the requirements of this RFP and approach to performing the services requested.

Emphasis should be placed on completeness, clarity and organization.

• Proposals must be arranged and organized in separate sections according to the Proposal evaluation criteria requirements listed below in Section 5.04, Point and Score Calculations.

3.7 EVALUATION CRITERIA

Each responsive proposal will be evaluated and scored by an evaluation committee as set forth in this Section. Available points are shown in the evaluation criteria section below. Evaluation Committee members may change and MHCC may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below up to the maximum points available. All evaluator scores will be averaged for each evaluation criterion.

1.) Letter of Intent

Available Points: 5 The Letter of Intent should address the Proposer’s commitment and capacity, if selected, to provide the services offered and a brief description of why the Proposer believes it provides the best overall value to the Project and should be selected.

2.) Proposer Experience, Key Personnel and Qualifications

Available Points: 20 Proposer should provide an overview of Proposer’s specific experience and qualifications with respect to the delivery of the Services described in this RFP. Describe the Prime Project Manager’s experience and approach to managing projects of similar type and scope. Proposer should list individual key team members and subconsultant team members the Proposer proposes to assign to or utilize for the Services. Proposer should provide relevant information applicable to this Project for each of the proposed team members, position, professional qualifications, and relevant experience. Provide a current resume for each with any applicable experience and certifications (not to exceed one (1) page each) for key personnel (not to exceed 6 resumes). (Note – Resumes are not included in the Proposal page count).

Proposer should identify 2 - 3 similar projects that it has completed within the last five (5) years. A description of each project should include similarity of construction elements to the anticipated Kelly Creek Restoration Project elements, design approach, project delivery timeline, if your team met the schedule and budget or why adjustment was needed, lessons learned and opportunities leveraged, and the roles or responsibilities of key proposed Consultant and Sub-consultant personnel on those similar projects. Identify reference contact information for each project. (Note – Similar project examples are not included in the Proposal page count. The page limit is one page per project.)

3.) Understanding of Requested Services, Approach and Implementation

Available Points: 30 Proposer should describe its understanding of the intent and the requirements of the Services being requested in this RFP, the scope of the Services, its overall plan to complete the Services in support of the Project objectives, and how uncertainty will be addressed.

Proposer should describe the proposing firm or team’s management and organizational structure, approach to team coordination, and how that structure aids the delivery of the Services sought.

Proposer should describe its methods and approach to coordinating and expediting delivery of all elements to meet the Performance Schedule without sacrificing quality.

Proposer shall describe their project-specific quality management approach (QA/QC) to prevent errors and omissions and to ensure accurate, complete, and coordinated deliverables.

Proposer should describe the resources available to meet the performance schedule and approach for minimizing risk of delays in the project schedule. Proposer should describe its approach to adjusting schedules when needed, or adjusting its level of effort to meet a schedule, while staying within budget.

Proposer should describe how subcontractors will be selected, utilized, and managed to complete the Services. Include a list or organization chart showing all subconsultants and their proposed roles/disciplines. Describe any internal coordination or procedures to ensure quality of subconsultants’ work or products, and their ability to adhere to the Schedule identified. Identify Consultant’s geographic proximity to and familiarity with the physical location of the Project.

4.) Statement of Work and Schedule Available Points: 40 Proposer should propose a Statement of Work with sufficient detail to demonstrate how the work will be completed to achieve the project objectives and Phase 3 work on the identified performance schedule. The Statement of Work should include and describe all work, services, and deliverables required by this RFP, including Section 3.02 (Services Sought).

Proposers are encouraged to identify data gaps and other areas of uncertainty and propose work or activities to address them. The Statement of Work should address all technical project planning, design and permitting considerations, and reflect an understanding of constructability requirements that MHCC might consider to achieve the Project objectives.

A schedule must be included that identifies anticipated Notice to Proceed date, key milestones and deliverables, and Contract term end. Schedules should be realistic and acknowledge any challenges and/or opportunities in meeting the performance schedule.

5.) Climate Resilience in Project Development and Design Available Points: 5 Pursuant to State of Oregon Executive Order 25-26, MHCC is considering, as part of this evaluation, the Proposer’s approach to promoting the resilience of communities and natural and working lands and water. Describe any Proposer professional standards and best management practices actively being implemented to support climate resilience (as defined by the Oregon State Legislature in House Bill 3409 (2023) in the design of infrastructure (both civil and natural).

3.8 INTERVIEWS and PRESENTATIONS

The top ranked proposal(s), after the written evaluation phase, will be invited to an oral interview with the Evaluation Committee. In person or virtual oral interview/presentation are anticipated to be scheduled April 27 – 30, 2026, but this targeted date range is subject to change. The same criteria used to evaluate the written responses will be used to evaluate the finalists during the oral evaluations. No additions, deletions or substitutions may be made to proposals during the oral evaluations that cannot be viewed as clarification.

The evaluation committee considers the highest ranked finalist as being the Proposer which best suits the needs and objective of the College, the second-ranked, second best, the third-ranked, third best, etc…

After the oral evaluation, each evaluator may rescore proposals, based on the oral interview and written proposal. The proposal receiving the highest final score and best meeting the needs of MHCC will be awarded.

5.07 SELECTION NOTICE

MHCC will notify all Proposers, via email, of its selection status and post a notice on Oregonbuys.

4.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

4.1 Responsibility Determination.

Prior to award, MHCC will determine if an apparent successful Proposer is responsible, which may include investigation of references. MHCC reserves the right to investigate references including others than those provided for similar projects. Responsibility Inquiry Form (Attachment E).

Investigation may include past performance of any Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers. At any time prior to award, MHCC may reject a Proposer found to be not responsible.

4.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The highest-ranked Proposer who is found to be responsible and selected for a Contract award under this RFP will be required to submit, in addition to any information or certifications required pursuant to the Proposer Information and Certification Sheet (Attachment B), the following information to MHCC at the identified timeframes below. MHCC will, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Proposer is unable to provide this information within this timeframe or as otherwise deemed reasonable by MHCC:

• Within 7 calendar days of Selection Notice, the total price for the Related Services described in the Proposal, Consultant pricing policies and other pricing information such as the Consultant’s cost breakdown, estimated number of staff hours needed to perform proposed Services, hourly labor rates, overhead, and expenses, must be submitted in a memo, or other format suitable to MHCC, via email. If sub-consultants are proposed, a cost breakdown, pricing policies and other pricing information such as the sub-consultant’s estimated number of staff hours needed to perform proposed Services, hourly labor rates, overhead, and expenses, must be included.

• Within 15 calendar days of Selection Notice:

4.2.1 Certificates of Insurance.

The apparent successful Proposer shall provide (electronically via email) Certificates of Insurance to MHCC for levels of Insurance coverage shown in Section 22 of the Sample Contract (RFP Attachment A).

4.2.2 Business Registry Number/Registered Agent

If selected for Contract award, Proposer must be duly authorized by the State to transact business in the State before executing the Contract. Firms that contract with MHCC are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration. The apparent successful Proposer(s) (unless you are an individual operating as your real and true name or otherwise exempt under applicable laws) shall submit a current Oregon Secretary of State Business Registry number. See process for obtaining a Business Registry number: https://sos.oregon.gov/business/Pages/register.aspx.

4.2.3 W-9 Form

The apparent successful Proposer(s) shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) if either of the following apply:

• When requested by MHCC (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

No payment can be made until a properly completed W-9 is on file with MHCCC.

4.2.4 Joint Venture/Partnership Information

An apparent successful Proposer, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to propose and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

4.3 CONTRACT

4.3.1 Form of Contract.

The Successful Proposer will be required to execute an agreement in the form of MHCC Service Contract, a sample of which is attached to this RFP as Attachment A.

If Proposer takes exception to any portion of the Contract, Proposer must have successfully requested a change to the Contract term as described in Section 4.01 of this RFP. MHCC will not consider Contract exceptions stated in the Proposal.

https://sos.oregon.gov/business/Pages/register.aspx

Unless an amendment has modified or reserved the right to negotiate any terms and conditions contained in the Contract or exhibits thereto, MHCC will not negotiate any term or condition after the solicitation protest deadline, except the Statement of Work and pricing with the apparent successful Proposer(s) per Section 6.03.2, Negotiations, below.

If any discrepancies, inconsistencies or ambiguities exist between the Proposal and the RFP, the RFP takes precedence.

4.3.2 Negotiations.

MHCC will begin negotiating in the best interest with the highest ranked Proposer and will direct Contract negotiations toward discussing, refining and finalizing the following:

(A) The Statement of Work, including the specific scope of Architectural, Engineering, Environmental, Regulatory Compliance, Transportation Planning or Land Surveying Services or Related Services to be provided by the Consultant;

(B) The Consultant’s performance obligations and performance schedule;

(C) Payment methodology, Consultant’s rates and number of hours, and a maximum amount payable to the Consultant for the Architectural, Engineering, Environmental, Transportation Planning or Land Surveying Services or Related Services required under the Contract that is fair and reasonable to MHCC as determined solely by MHCC, taking into account the funding available for the Project, and the value, scope, complexity and nature of the Architectural, Engineering, Environmental, Transportation Planning or Land Surveying Services or Related Services.

4.3.3 Funding Contingency.

Proposers are advised that the award and potential dollar amount of the Contract, including as may be amended within the Scope of Work identified in this RFP, are contingent upon MHCC receiving approval of funding for use under this RFP as determined by MHCC in its sole discretion.

4.3.4 Amendment.

Contingent upon MHCC’s need, Consultant’s performance, and the availability of approved funding, MHCC may later amend the Contract for additional tasks, Contract phases and compensation as necessary to complete the Services needed for the Project, provided the amendments are within the Scope of Work described in this RFP.

4.4 SUBSEQUENT NEGOTIATIONS.

MHCC may, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if MHCC and Proposer are unable for any reason to reach agreement on a Contract in May 2026. MHCC may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time (as determined in the sole discretion of MHCC), MHCC may end this solicitation. MHCC, in its sole discretion, may proceed with a new solicitation for the same Services or consider any other options available under the applicable rules, laws, and policies.

5.00 CERTIFIED FIRM PARTICIPATION (ORS 200.005 to 200.075; ORS 200.160 to 200.200;

ORS 279A.105):

Participation By Disadvantaged Business Enterprises, Minority-Owned Businesses, Woman-Owned Businesses, Businesses Owned by Service-Disabled Veterans and Emerging Small Businesses.

Consultant must complete the Certified Disadvantaged Business Form and Outreach Plan, Attachment D. If there may be opportunities for subcontractors to work on the Project, Proposer must develop an outreach plan to describe its good faith efforts to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any contract resulting from this procurement or any subcontracts associated with Services to be performed under any contract resulting from this procurement. Certified Firm means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans, and emerging small businesses. If selected, Proposer’s outreach plan will be incorporated into the resulting contract.

Furthermore, as and when applicable, the successful Consultant executing any resulting contract shall maintain any Certified Firm certifications applicable to the Consultant, and require in its subcontracts that subcontractors maintain any applicable Certified Firm certifications required by Section 2, Chapter 325, Oregon Laws 2015, as amended by Section 26, Chapter 565, Oregon Laws 2015 as a material condition of the contract. If the Consultant or subcontractor was awarded the contract or any underlying subcontract, as applicable, in the course of the State’s carrying out an affirmative action goal, policy or program under ORS 279A.100 – 279A.107, and fails to maintain the required certification, MHCC may terminate the contract, require the Consultant to terminate the subcontractor, or exercise any of the remedies reserved for a breach of the contract.

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