PW-25-02 Five-Year Pavement Management Program - Specification Documents.pdf

CITY OF ROSEBURG

REQUEST FOR QUALIFICATIONS

FOR

FIVE-YEAR PAVEMENT MANAGEMENT PROGRAM

ENGINEERING SERVICES

RFQ NO. PW-25-02

SUBMITTAL DEADLINE: 2:00 P.M., Tuesday, November 5, 2024

REQUEST FOR QUALIFICATIONS FOR

ENGINEERING SERVICES

FIVE-YEAR PAVEMENT MANAGEMENT PROGRAM

RFQ NO. PW-25-02

NOTICE IS HEREBY GIVEN, the City of Roseburg is requesting sealed statements of qualifications (SOQ) from qualified persons to provide engineering services for the City of Roseburg’s Five-Year Pavement Management Program (PMP).

It is the City’s intent to select the most advantageous SOQ based on the evaluation criteria set forth in the Request for Qualifications (RFQ) packet. A copy of the RFQ packet may be downloaded from the City’s website at www.cityofroseburg.org.

All SOQ’s must be submitted by paper or electronically via email. Proposals received in paper format must be sealed, clearly marked engineering services - RFQ No. PW-25-02, 2:00 p.m., Tuesday, November 5, 2024 and received in the City Manager’s Office at Roseburg City Hall by the above specified date and time. Proposals received electronically via email must be sent to Amy Nytes, City Recorder at bids@roseburgor.gov and be clearly marked in the subject line of the email engineering services - RFQ No. PW-25-02, 2:00 p.m., Tuesday, November 5, 2024 and received by the above specified date and time. Any SOQs received after that date and time, or not submitted in the proper manner, will be returned without further consideration.

The City reserves the right to reject any and all SOQs received as a result of this RFQ, to waive any irregularities and to accept the SOQ deemed to be in the best interest of the City. Preparation and submission of a SOQ is at the proposer’s sole risk and expense.

Dated this 11th day of October, 2024.

Posted on the City’s Website this 11th day of October 2024.

http://www.cityofroseburg.org/ mailto:bids@roseburgor.gov adavid Stamp

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REQUEST FOR QUALIFICATIONS FOR

FIVE-YEAR PAVEMENT MANAGEMENT PROGRAM

ENGINEERING SERVICES - RFQ NO. PW-25-02

GENERAL REQUIREMENTS AND INSTRUCTIONS TO PROPOSERS

1. GENERAL INFORMATION. These general requirements and instructions have been written to describe the professional engineering services more particularly described in the Request for Qualifications (RFQ) Exhibit “C” for Five-Year Pavement Management Program.

This RFQ is intended to provide interested persons (herein referred to as proposers) with sufficient information to prepare and submit statements of qualifications (SOQs) for consideration by the City. It is the City’s intent to select the most qualified proposer based on the evaluation criteria set forth in this RFQ. In accordance with ORS 279A.125, proposers shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this RFQ.

The City reserves the right to reject any and all SOQ’s received as a result of this RFQ prior to the execution of a contract upon a finding that it is in the public interest to do so.

Preparation and submission of a SOQ is at the proposer’s sole risk and expense.

SOQs and all accompanying documents will become the property of the City and will not be returned. See Section 16 of this RFQ, entitled “Public Records”.

This RFQ contains and incorporates the following:

Exhibit “A” SOQ Form Exhibit “B” Professional Engineer, Architect or Land Surveyor Services

Contract; including City’s Standard Contract Provisions Exhibit “C” Description of Services Exhibit “D” Minimum Qualifications Exhibit “E” Evaluation Criteria Exhibit “F” StreetSaver Report Summary

2. FORM OF SOQ. SOQs are to be based on and submitted in accordance with the instructions contained in this RFQ. The City may change these instructions at any time prior to the Solicitation Closing by addendum as provided in Section 6 of this RFQ.

Proposers are responsible for responding to all addenda.

3. POINT OF CONTACT. The City Manager’s office is the point of contact in the City for this RFQ. With the exception of questions relating to technical aspects of the services to be provided (see following Section 4), all correspondence pertaining to this RFQ should be directed to Amy Nytes, City Recorder, 900 S.E. Douglas Avenue, Roseburg, OR 97470

Page 2–- RFQ-ENGINEERING SERVICES 03/2024 or info@roseburgor.gov. The City Manager’s Office may be contacted by calling 541- 492-6866.

4. TECHNICAL CLARIFICATIONS, REQUESTS FOR CHANGES. Questions regarding specific technical aspects of the service requested by this RFQ or seeking clarification concerning this RFQ may be directed to Jesten Brenner by calling 541-492- 6730 or emailing jbrenner@roseburgor.gov. No oral clarification will be binding on the City. The City will be bound only by this RFQ and any written clarification and/or addendum issued hereunder.

Requests for changes to this RFQ, including requests for changes in any of the exhibits to this RFQ must be submitted in writing to the City Recorder not later than ten (10) calendar days prior to the date of the Solicitation Closing. The request must include a statement of the requested changes and the reason therefore. The request shall be marked as a “Request of Change in RFQ” and specify the RFQ Number set forth in the caption to this RFQ. Written request may be delivered by mail or by confirmed e-mail.

The City will respond to all written requests for changes, in writing, within five days of receipt of such request.

If inquiries, comments or requests for changes raise issues that require clarification or a modification to this RFQ, the clarification or modification will be made by written addendum as provided in Section 6 of this RFQ.

5. SCHEDULE OF EVENTS. The following schedule of events shall be followed for this RFQ. Proposers are strongly encouraged to attend the RFQ conference, if scheduled. If no date is shown below, then the event is not scheduled for this RFQ.

Failure to attend a Mandatory RFQ Conference may result in SOQ rejection.

Solicitation Starting Date (RFQ available) 10/11/2024 Solicitation Closing 2:00 p.m., on 11/5/2024 SOQ Review Period 11/6/2024 – 11/15/2024 Notice of Competitive Range (if used) 11/18/2024 Interviews (if required) 12/09/2024 – 12/13/2024 Notice of Intent to Award within 75 days after Solicitation Closing Award and Execution of Contract within 100 days after Solicitation Closing

If the City receives a request for change or protest from a proposer in accordance with the instructions in this RFQ, the City may extend the Solicitation Closing date as necessary to consider whether to issue an addendum. The City also reserves the right to delay any of the dates set forth above, if it is determined to be in the best public interest to do so.

If the City decides to negotiate with proposers in the competitive range, notice of intent to award will only be given to proposers in the competitive range and shall be made after completion of negotiations.

mailto:info@roseburgor.gov

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6. ADDENDUM TO THE REQUEST FOR QUALIFICATIONS. In the event it becomes necessary to revise any part of this RFQ prior to the Solicitation Closing, an addendum will be provided to all proposers who have requested and received a copy of this RFQ. RECEIPT OF AN ADDENDUM MUST BE ACKNOWLEDGED BY SIGNING AND RETURNING THE DOCUMENT WITH THE SOQ. Proposers may protest requirements of this RFQ by submitting a request for change, in accordance with Section 4 of this RFQ. No addendum will be issued less than four days prior to the date of the Solicitation Closing. The addendum shall become effective only upon execution by the City.

7. FORMAT OF SOQs. SOQs must contain the information specified in Section 8 of this RFQ. Response will be in a font size no smaller than 11-point and shall not exceed 30 pages. SOQs must be prepared on the SOQ form attached hereto as RFQ Exhibit “A.”

A SOQ should provide a concise description of the proposer’s ability to satisfy the requirement of this RFQ and the contract attached hereto as Exhibit “B”, including the City’s Standard Contract Provisions.

8. CONTENT OF SOQs. SOQs should demonstrate that the proposer can furnish the services in a manner that will be cost effective for the City. Those SOQs which do not contain all information required by this RFQ or are otherwise non-responsive may be rejected immediately; however the City has discretion to accept a SOQ that does not conform with all RFQ requirements if the City determines that the non-conformance is not substantial or material. If a SOQ is unclear, or appears inadequate, at the City’s discretion, the proposer may be given an opportunity to explain how the SOQ complies with the RFQ. The City also has discretion to permit a proposer to correct a typographical error or other minor mistake or oversight in its SOQ.

8.1 SOQs must contain at least the following:

8.1.1 SOQ Form. The SOQ form, attached hereto as RFQ Exhibit “A” must be fully completed, submitted and duly executed by the authorized representative of the proposer, and include the following:

a. The proposer’s business name, address, telephone number, e-mail address and federal tax identification number;

b. The proposer’s legal form of entity (sole proprietor, corporation, LLC, etc.) and, if applicable, state of incorporation or organization and main office address;

c. Name(s) and title(s) of person(s) authorized to submit the SOQ and to execute the contract; and

8.1.2 Table of Contents. Include a clear identification of the material by section and page number.

8.1.3 Executive Summary. The Proposer may use this section to introduce the SOQ or to summarize the key provisions of the SOQ.

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8.1.4 Statement of Understanding. The Proposer shall include a detailed statement of the understanding of the City’s needs for Pavement Management

8.1.5 Qualifications. The proposer’s statement of qualifications must contain the following:

a. List the Project Manager and key personnel (including subcontractors) and management to be utilized for the work. Include a description of education, certificates or licenses, professional background, experience, skills, expertise and training for the type of services required including any ODOT certifications;

b. Describe the demonstrated experience of the firm and its principals in completing previous projects of similar nature along with a discussion of how experience on previous projects relates to the City of Roseburg Pavement Management Program. Firms that cannot demonstrate previous experience on at least three similar projects shall not be considered qualified to propose on this project;

c. Provide a statement of experience of the Firm, Project Manager and Project Team with work of a similar nature, including;

i. References of former clients

ii. Organization of project team; and

iii. Previous projects completed for the City of Roseburg.

8.1.6. Work Plan. This section identifies your proposed work plan to achieve the goals and objectives as listed in Exhibit “C”. The work plan should focus on Pavement Inspection / Evaluation Services, the development of a five (5) year Capital Improvement Plan. The work plan should be arranged in logical fashion to demonstrate how the work would proceed and the time expected to complete.

8.1.7 Schedule and Availability. Provide a preliminary schedule for the work plan items. Schedule shall be broken down to include major milestones for the work plan and should contain items such as information gathering, evaluation, alternatives development, and final recommendations. The proposers contracted for this PMP will develop a more precise schedule during task order negotiations but shall strive to maintain the schedule provided as part of the submitted

SOQ.

8.1.8 Workload Management. Outline workload management techniques that will allow ongoing assessments of current workloads. Describe any subcontractors that proposer would use and how the subcontractors would be used.

8.1.9 Additional Information. Any other information that the Proposer feels applicable to the evaluation of the Proposal or of their qualifications

Page 5–- RFQ-ENGINEERING SERVICES 03/2024 for accomplishing the Project should be included in this section. You may use this section to address those aspects of your services that distinguish your firm from other firms. If there is no additional information to present, state, “There is no additional information we wish to present.”

8.2 Alternatives. A proposer shall only submit alternative terms and conditions to the terms and conditions the City expressly authorized for negotiation under Section 14 of this RFQ.

8.3 SOQ REVIEW AND SELECTION. To ensure equitable evaluation of the SOQs, CITY will use weighted evaluation criteria as indicated in Exhibit “E”. A selection committee will evaluate each responsive SOQ to determine the responsible proposer whose SOQ the City determines to be the most advantageous to the City based on the evaluation process and criteria listed.

Interviews may be required at the City’s discretion as described in Section 14.

9. EXECUTION OF CONTRACT. The proposer selected by the City to provide the requested services will be expected to deliver its proof of all required insurance, and to enter into a written engineering services contract in the form attached hereto as RFQ Exhibit “B”.

BY SUBMITTING ITS SOQ, THE PROPOSER CERTIFIES THAT IT HAS READ AND

ACCEPTS ALL TERMS, CONDITIONS AND REQUIREMENTS OF THIS RFQ,

INCLUDING THE TERMS AND CONDITIONS OF THE FORM OF CONTRACT IN RFQ

EXHIBIT “B”, AND THAT IF PROPOSER REFUSES TO EXECUTE THE CONTRACT

AFTER AWARD, THE CITY WILL BE ENTITLED TO SEEK COMPENSATION FOR ITS

DAMAGES, WHICH MAY INCLUDE THE COST OF CONDUCTING A NEW

SOLICITATION.

10. DELIVERY OF SOQs. In order to be considered, three (3) copies of the sealed paper SOQs or electronic submittal must arrive at the City Manager’s Office before the time and date of the Solicitation Closing as described in this RFQ.

• Paper proposals must be submitted in sealed envelopes clearly marked with the RFQ number shown in the caption of this RFQ and the time and date of the Solicitation Closing. Proposers who mail SOQs should allow extra mail delivery time to insure timely receipt of their SOQs.

• Electronic submittals must be sent to the attention of Amy Nytes City Recorder by emailing bids@roseburgor.gov by the time and date of the Solicitation Closing.

SOQs received after the Solicitation Closing will not be considered and will be returned unopened to the proposer.

11. SUBMISSION AND WITHDRAWAL OF SOQS. Proposers may modify or withdraw their SOQs at any time prior to the Solicitation Closing by providing a written request for modification or withdrawal to the City Manager’s office. Requests for mailto:bids@roseburgor.gov

Page 6–- RFQ-ENGINEERING SERVICES 03/2024 withdrawal of SOQs will not be accepted after the Solicitation Closing. A proposer may also withdraw its SOQ in person prior to the Solicitation Closing, upon presentation of appropriate identification and satisfactory evidence of authority to the City Recorder. The City Recorder shall obtain the signature of the person making the withdrawal.

ALL SOQs SHALL BE IRREVOCABLE FOR A PERIOD OF 100 DAYS FROM THE

SOLICITATION CLOSING.

12. OPENING OF SOQs. SOQs received in response to this RFQ will be opened publicly, either in person or virtually, by the City Recorder or designee, immediately after the Solicitation Closing in the City’s administrative offices located at 900 S.E. Douglas Street, Roseburg Oregon or virtually. If opened virtually, a link will be published on the City’s website at https://www.cityofroseburg.org/bidding no less than 24 hours prior to the opening date and time. The names and addresses of all proposers will be announced and recorded by the City Recorder. No other information will be made available at that time.

13. MINIMUM QUALIFICATIONS REQUIRED. SOQs must indicate how the proposer satisfies the minimum qualifications set forth in RFQ Exhibit “D”.

14. EVALUATION OF SOQs. The City will evaluate the SOQs according to the evaluation criteria and rating scheme set forth in RFQ Exhibit “E” and in accordance with the following:

14.1 Interviews/Samples. The City may require interviews with all responsive proposers regardless of the interview schedule in Section 5 of this RFQ. In addition, the City may request an interview with one or more proposers, if the City determines that an interview would help the City better evaluate the SOQ, provided that no scoring for interviews will be made unless all responsible proposers are interviewed. During the evaluation process, the City may also request work samples, demonstrations, inspections or other testing examinations from all responsive proposers if the City determines that such further evaluation should be added as rated criteria to enable the City to properly evaluate the SOQs.

14.2 Use of Competitive Range/Negotiation. At the conclusion of the rated criteria evaluation process and prior to selection, the City may, but shall not be required to, interview, request demonstrations or samples from, or negotiate with the 3 proposers who have the highest criteria ratings (the “Competitive Range”).

The City may increase or decrease the Competitive Range if, in the City’s opinion, the number or SOQs or the quality of the SOQs warrants an increase or decrease in the number of proposers in the Competitive Range.

If the City determines to make its selection based on interviews, demonstrations, samples or negotiations with proposers in the Competitive Range, the City shall provide written notice to all proposers, identifying proposers in the Competitive Range. A proposer that is not within the Competitive Range may protest the City's https://www.cityofroseburg.org/bidding

Page 7–- RFQ-ENGINEERING SERVICES 03/2024 evaluation and determination of the Competitive Range in accordance with the provisions set forth below under Section 18.3 of this RFQ.

After the protest period, or after the City has provided a final response to any protest, whichever date is later, the City will begin further selection activity with proposers in the Competitive Range. The City's interviewing or negotiation team shall not favor any particular proposer. The City may only negotiate an alternative term or condition submitted by a proposer if the alternative term or condition is reasonably related to a term or condition that this RFQ describes as negotiable.

14.2.1 The matters subject to negotiation shall be limited to the following:

a. The manner in which the services are to be performed or the quality or type of materials to be supplied;

b. The personnel to be committed to the City’s contract; and

c. Other terms and provisions that the City would like to change.

14.2.2 Nothing in this RFQ shall restrict or prohibit the City from canceling the solicitation at any time in accordance with OAR 137-048-0250. If the City begins selection activities under this Section 14.2 of this RFQ, the City shall begin such activities with all of the proposers in the competitive range.

At any time during the negotiations, the City may:

a. terminate negotiations with particular proposers and continue negotiating with the remaining competitive range proposer(s);

or

b. conclude negotiations with all competitive range proposers and make its award based on its evaluation of the comparative values achieved during the interview, demonstration, sampling or negotiating process; or

c. reject all SOQs and cancel the solicitation.

If the City does not cancel the solicitation at the conclusion of the City's negotiations with all remaining Proposers in the Competitive Range, the City shall re-score the SOQs in the Competitive Range based upon the evaluation criteria in this RFQ.

If the contract is to be awarded based on the negotiations, the City shall provide written notice of intent to award the Contract only to all proposers in the Competitive Range. An unsuccessful proposer may protest the City's evaluation and determination of the award as provided in Section 18.5 of this RFQ.

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14.3 Evaluation Record. A record will be made of all criteria evaluation ratings and all other grounds upon which a proposer is selected.

15. SELECTION PROCESS AND NOTICE OF AWARD. The City will select the SOQ deemed most beneficial to the City based on its evaluation of the SOQs by a selection committee of no fewer than two individuals. The apparent successful proposer and all other persons who submitted SOQs will be notified of the City’s selection, but if the City decides to use the competitive range process, notice of the identity of those in the competitive range will be given to all proposers, but notice of the intent to award will only be given to proposers in the competitive range. Unless award of a contract is delayed by the City, written notice of award, specifying the date of selection, will be made not later than the first business day following the date of selection. Final award will depend upon the execution of an acceptable contract and delivery of evidence of insurance, if required, and may be withdrawn by the City at any time prior to execution of the contract by the City.

16. PUBLIC RECORDS. This RFQ and each original SOQ received in response to it, together with copies of documents pertaining to the award of a contract shall be kept on file as a public record by the City; provided, however, such records shall not be disclosed until after the Notice of Intent to Award the contract has been issued.

17. RECORDS REVIEW; CONFIDENTIALITY. After Notice of Intent to Award the resulting contract has been issued, all SOQs shall be available for public inspection except for those portions of a SOQ that the proposer designates in its SOQ as trade secrets or as confidential proprietary data in accordance with applicable state law. If the City determines such designation is not in accordance with applicable law, the City shall make those portions available for public inspection. The proposer shall separate information designated as confidential from other non-confidential information at the time of submitting its SOQ. Prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment are not confidential, and shall be publicly available regardless of a proposer’s designation to the contrary.

18. PROTEST OF PROPOSER SELECTION, CONTRACT AWARD.

18.1 Purpose. An adversely affected or aggrieved proposer may seek administrative review of the City's selection of a proposer or contract award decision as outlined in this Section.

18.2 Notice of Competitive Range. If the City decides to negotiate with proposers in the competitive range, the City will provide written notice to all proposers of the identity of the proposers included in the competitive range. The City's notice of the proposers included in the competitive range shall not be final until the later of the following: (1) seven business days after the date of the notice;

or (2) until the City provides a written response to all timely-filed protests. The City

Page 9–- RFQ-ENGINEERING SERVICES 03/2024 may increase or decrease the competitive range to respond to the number and quality of SOQs. A business day is any day on which the City’s offices are open.

18.3 Right to Protest Competitive Range.

18.3.1 An adversely affected or aggrieved proposer may submit to the City a written protest of the City's decision to exclude the proposer from the competitive range within seven business days after issuance of the notice of the competitive range.

18.3.2 The proposer's protest shall be in writing and must specify the grounds upon which the protest is based.

18.3.3 A proposer is adversely affected only if the proposer is responsible and submitted a responsive SOQ and is eligible for inclusion in the competitive range i.e., the protesting proposer must claim it is eligible for inclusion in the competitive range if all ineligible higher-scoring proposers are removed from consideration, and that those ineligible proposers are ineligible for inclusion in the competitive range because:

a. Their SOQs were not responsive; or

b. The City committed a substantial violation of a provision in the

RFQ 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 included in Competitive Range.

18.3.4 The City shall not consider a protest submitted after the time period provided in this RFQ. A proposer may not protest the City's decision to not increase the competitive range above the competitive range set forth in this

RFQ.

18.4 Notice of Intent to Award Contract. The City will provide written notice to all proposers of the City's intent to award the contract, unless the contract is awarded following the declaration and notice of a competitive range, in which case notice of award will be provided to all proposers in the competitive range. The City's award shall not be final until the later of the following:

a. seven (7) days after the date on which the notice is mailed or otherwise transmitted; or

b. The City provides a written response to all timely-filed protests that denies the protest and affirms the award.

18.5 Right to Protest Award.

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18.5.1 An adversely affected or aggrieved proposer may submit to the City a written protest of the City's intent to award within seven (7) days after issuance of the notice of intent to award the Contract.

18.5.2 The proposer's protest shall be in writing and must specify the grounds upon which the protest is based.

18.5.3 A proposer is adversely affected or aggrieved only if the proposer is eligible for award of the Contract as the responsible proposer submitting the best responsive SOQ and is next in line for award, i.e., the protesting proposer must claim that all higher-scored proposers are ineligible for award:

a. because their SOQs were non-responsive; or

b. the City committed a substantial violation of a provision in the

RFQ or of an applicable procurement statute or administrative rule, and the protestor was unfairly evaluated and would have, but for such substantial violation, been the responsible proposer offering the highest-ranked SOQ.

18.5.4 The City shall not consider a protest submitted after the time period provided in this RFQ.

18.6 Authority to Resolve Protests. The City Manager has the authority to settle or resolve a written protest submitted in accordance with the requirements of this rule.

18.7 Decision. If a protest is not settled, the City Manager, or the City Manager’s designee, shall promptly issue a written decision on the protest. Judicial review of this decision will be available if provided by statute.

City of Roseburg

By: ____________________________

Amy Nytes, City Recorder

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EXHIBIT “A”

SOQ FORM

Legal Business Name:__________________________________________________

Form and State of Organization:__________________________________________

Registered dba, if any:__________________________________________________

Main Office Address:___________________________________________________

Telephone Number: ____________________________________________________ e-mail address: _______________________________________________________

Tax Identification Number:______________________________________________

Representation, Covenant and Warranty of Undersigned and Proposer

By signing this SOQ, the undersigned makes the following representations and warranties:

1. That it is the duly authorized representative of the proposer for all purposes relative to the submission of this SOQ.

2. That this SOQ constitutes the proposer’s offer to enter into a contract with the City and, if accepted by the City, will be binding and enforceable against the proposer.

By causing this SOQ to be executed by the undersigned and delivered to the City, the proposer makes the following representations and warranties:

1. Proposer has read and understands the terms and conditions contained in the

RFQ, had the opportunity to protest any term or condition that it found unacceptable and to seek clarification of any term or condition that it does not understand, and it accepts and agrees to be bound by the terms and conditions of the RFQ, including, but not limited to the contract conditions.

2. Proposer has not discriminated against minority, women, disabled veterans or emerging small business enterprises in obtaining any required subcontracts.

3. Proposer has not been listed by the Oregon Contractor’s Board or the Oregon

Department of Administrative Services as a person disqualified or ineligible to bid on or perform work under public contracts.

4. Proposer agrees to meet all requirements contained in the RFQ if it is selected to provide the services requested by this RFQ.

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Authorized Signature: ________________________________________________

Print Name and Title: ________________________________________________

Date of Signature: _____________________________________________________

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EXHIBIT “B”

CITY OF ROSEBURG CONTRACT FOR

5-YEAR PAVEMENT MANAGEEMENT PROGRAM

ENGINEERING SERVICES

Dated: ______________________________

Parties: City of Roseburg (“CITY”) A municipal corporation in the State of Oregon 900 SE Douglas Avenue Roseburg, OR 97470 and

[Name of Company] (“CONTRACTOR”)

Additional Independent Contractor Information:

A. Type of Entity: Sole Proprietorship Partnership Limited Liability Company Corporation B. Address:

C. Telephone:

D. Email:

E. Professional License Number F. Nonresident Contractor: Yes No (Nonresident means not domiciled in or registered to do business in Oregon)

SECTION 1. CONTRACTOR AGREES:

1.1 Term. Beginning January 1, 2025 and continuing thereafter until December 31, 2029, CONTRACTOR shall perform the services required by this Contract unless earlier terminated in accordance with the provisions of this contract or by mutual consent of the parties. If agreeable to both parties, this contract may be extended by 1 year, annually, up to a maximum of 10 years or until December 31, 2034.

1.2 Activities. Throughout the term of this contract, Contractor shall provide design and construction management services, planning services, field data collection and street evaluation services, ADA compliance services, pavement database management services, and other miscellaneous services as required, for the City of Roseburg’s Pavement Management Program. Work to be performed under this Contract will be authorized by individual task orders.

1.3 Fees. The fee for each task order will be negotiated and reflected in the signed task order document.

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1.4 Expenditures. Extraordinary unbudgeted expenditures, from contracted funds, outside the scope of the work program may be made by CONTRACTOR only with the prior written approval of CITY's City Manager. CONTRACTOR shall promptly pay all expenses it incurs as a result of this Contract and shall comply with all provisions of state law applicable to this Contract.

1.5 Insurance Requirements. At all times during the term of this Contract, at the sole expense of the CONTRACTOR, CONTRACTOR shall maintain continuously in effect the insurance policies described herein. Each policy shall be written as a primary policy, not contributing with or in excess of any coverage the CITY may carry. A copy of each policy or a certificate, and copies of additional insured endorsements, satisfactory to the CITY shall be delivered to the CITY prior to commencement of any work or services provided under this Contract. The certificates shall specify and document all insurance-related provisions within this Contract. A renewal certificate will be sent to the CITY 10 days prior to coverage expiration. Unless specified, each policy shall be written on an “occurrence” form. Policies must be underwritten by an insurance company deemed acceptable to the CITY and admitted to do business in Oregon, or, in the alternative, rated A- or better by AM Best. The CITY reserves the right to reject any insurance carrier with an unacceptable financial rating. There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY.

The 30-day notice of cancellation provision must be physically endorsed on the policy. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limits specified in this Contract, CITY shall have the right to require CONTRACTOR to increase the CONTRACTOR’s coverage by an amount equal to the increase in the statutory limit for such claims and to increase the aggregate coverage by twice the amount of the increase in the statutory limit. Failure to maintain any insurance coverage required by this Contract shall be cause for immediate termination of the Contract by the CITY, but termination shall not relieve CONTRACTOR of its obligation to provide and maintain such coverage, and CITY shall be entitled to enforce all liability and indemnity provisions of this Contract following such termination. In addition, all requirements concerning insurance and indemnity shall survive the termination of this Contract. The policy must show the City as an additional insured with respect to activities emanating out of the contract with the following language included: “The City of Roseburg, its officers, directors and employees shall be added as additional insureds with respects to this contract. Insured coverage is primary and non-contributory”.

1.5.1 Commercial General Liability. Throughout the term of this Contract, CONTRACTOR shall maintain continuously in a broad commercial general liability insurance policy with coverage of not less than $2,000,000 combined single limit per occurrence, with an aggregate of $4,000,000, for bodily injury, personal injury or property damage. The policy shall also contain an endorsement naming the CITY as an additional insured, on a form satisfactory to CITY, and expressly provide that the interest of the CITY shall not be affected by CONTRACTOR’s breach of policy provisions. Such policy must be maintained in full force and effect for the duration of this Contract, failure to do so shall be cause for immediate

Page 15–- RFQ-ENGINEERING SERVICES 03/2024 termination of this Contract by CITY. Any additional insured requirements included in this Contract shall both provide completed operations coverage after job completion and coverage that is primary and non-contributory. Claims Made policies will not be accepted.

1.5.2 Automobile Liability Insurance. At all times during the term of this Contract, and at the sole expense of CONTRACTOR, CONTRACTOR shall maintain “Symbol 1” automobile liability coverage including coverage for all owned, hired and non-owned vehicles, equivalent to a combined single limit per occurrence on not less than $2,000,000 for bodily injury or property damage.

1.5.3 Professional Liability Insurance. At all times during the term of this

Contract, CONTRACTOR shall maintain and keep in full force, an insurance policy for professional liability in the amount of $2,000,000. In no instance shall CITY be responsible for any retention amount or deductible that CONTRACTOR may owe as a result of this coverage. CONTRACTOR shall continue professional liability coverage for the duration of the project and three years thereafter; and further, submit certificate of Insurance renewals of such coverage to the CITY.

1.6 Books and Records. CONTRACTOR shall keep complete and proper books, records and accounts of all transactions performed as part of this Contract and the approved invoices and work program. The books, records and accounts shall be open to inspection by CITY or its designee during normal business hours, and shall remain open to CITY for such inspection for three months following termination of this Contract.

1.7 Availability. CONTRACTOR shall be available for meetings, discussions and program reviews with sufficient notice.

1.8 Assignment. The responsibility for performing CONTRACTOR's services under the terms of this Contract shall not be assigned, transferred, delegated or otherwise referred by CONTRACTOR to a third person without the prior written consent of CITY.

1.9 Compliance with Law and Standard Contract Provisions. CONTRACTOR shall comply with all federal, state and local laws, including Roseburg Municipal Code Regulations relating to business registration, and with all Standard City Contract Provisions as outlined in the attached Exhibit "B".

1.10 Health Hazard Notification. If CONTRACTOR is hired to perform work for the CITY involving the need to control hazardous energy or enter confined spaces will be informed of the CITY’s programs and the associated hazards that CITY is aware of. The notification is not designed to take over the CONTRACTOR's safety responsibilities to his or her employees, but to provide appropriate notification under the Oregon OSHA rules.

SECTION 2. CITY AGREES:

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2.1 Fee. In consideration for the above-described services, CITY agrees to pay CONTRACTOR as outlined in Section 1.3 of this contract. The Contractor may elect to receive payments directly to their bank account by completing the attached Vendor Automatic Payment Authorization form.

2.2 Terms of Payment. CONTRACTOR will tender an invoice by the tenth of each month, and CITY shall make full payment on such invoice within thirty days of its receipt.

SECTION 3. BOTH PARTIES AGREE:

3.1 Budget and Work Plan Approval. All approved invoices and work programs shall be in writing.

3.2 Independent Contractor. CONTRACTOR is an independent contractor.

CONTRACTOR shall control the manner in which it performs the services herein, however, the nature of the services and the results to be achieved shall be specified by CITY. CONTRACTOR is not to be deemed an employee or agent of CITY and has no authority to make any binding commitments on behalf of CITY except as expressly approved by CITY's City Manager.

3.3 Indemnification. Each party shall indemnify, hold harmless and defend the other, its officials, agents and employees, from and against any and all claims, damages, losses and expenses, including attorney fees, arising in or from its performance of, or failure to perform, this Contract. The extent of the CITY's obligation under this subsection is limited to the CITY's obligation under the Oregon Constitution and ORS 30.260 through 30.300.

With respect to professional liability claims, CONTRACTOR to indemnify CITY to the extent caused by the CONTRACTOR’s negligent acts, errors, and omissions.

3.4 Arbitration. Any controversy regarding the language or performance of this Contract shall be submitted to arbitration. Either party may request arbitration by written notice to the other. If the parties cannot agree on a single arbitrator within 15 days from the giving of notice, each party shall within five days select a person to represent the party and the two representatives shall immediately select an impartial third person to complete a three-member arbitration panel. If either party fails to select its representative, the other party may petition the Chief Judge of the Circuit Court of Douglas County for designation of the representative. The arbitration shall be conducted in accordance with ORS 36.400 through 36.425 or the provisions of any such future law. The arbitrator(s) shall assess all or part of the costs of arbitration, including attorney fees, to either or both parties.

3.5 Attorney Fees. If any arbitration, administrative proceeding, action, or appeal thereon, is instituted in connection with any controversy arising out of this Contract, performance of this Contract or failure to perform this Contract, the prevailing party shall be entitled to recover, in addition to costs and disbursements, such sum as the court may adjudge reasonable as attorney fees.

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3.6 Ownership and Use of Documents. In whatever form they may be produced or stored, any documents prepared in performance of this Contract and any supporting and investigative information that is gathered in the performance of this Contract, upon completion of the work, or upon termination of this Contract, shall be and remain the property of CITY and shall be subject to copyright by CITY at its sole discretion.

CONTRACTOR shall be permitted to retain copies, including reproducible copies, of such documents. CONTRACTOR shall treat such documents as if CITY had secured a copyright thereon, and thus will not use the documents in a manner that would constitute copyright infringement. CITY may use the documents prepared hereunder for any purpose, however CONTRACTOR shall have no liability with regard to such documents to the extent they are used or applied outside of the scope of the work unless CONTRACTOR is consulted and offers a professional opinion that the use contemplated is appropriate.

3.7 Termination. Notwithstanding any other provision of this Contract to the contrary, CITY may terminate this Contract at any time by giving written notice to CONTRACTOR at least ten days in advance of such termination. Written notice shall be effective upon the date the written notice is actually given to CONTRACTOR. In the event of such termination, compensation shall be based on the services actually performed by CONTRACTOR to the date of termination. If compensation is a total sum, the amount shall be prorated based on the tasks actually performed as of the date of termination.

3.8 Notices. Any notice required to be given under this Contract, or required by law, shall be in writing and delivered to the parties at the following addresses:

CITY OF ROSEBURG (Enter Contractor's Name and City Manager Mailing Address) 900 SE Douglas Roseburg, OR 97470

3.9 Applicable Laws. The laws of the State of Oregon shall be used in construing this Contract and enforcing the rights and remedies of the parties.

3.10 Merger. There are no other undertakings, promises or agreements, either oral or in writing, other than that which is contained in this Contract. Any amendments to this Contract shall be in writing and executed by both parties.

3.11 Electronic Signatures. This Contract and any amendments may be signed by facsimile, PDF, or other electronic means, each of which will be deemed an original and all of which when taken together will constitute one contract. Facsimile and electronic signatures will be binding for all purposes.

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CITY OF ROSEBURG (INSERT CONTRACTOR’S NAME)

Nicole Messenger, City Manager (Name & Title of Person Signing) Date: _______________________ Date: ___________________________

ATTEST: Tax Identification Number

Email:__________________________

Amy Nytes, City Recorder

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EXHIBIT A

STANDARD CITY CONTRACT PROVISIONS FOR

ENGINEERING, ARCHITECTURAL OR LAND SURVEYING SERVICES

The following provisions, if applicable, are hereby included in and made a part of the attached Contract for the engineering, architectural or land surveying services between the City of Roseburg and the Contractor, Exhibit “B”, named therein as provided for in the Roseburg Municipal Code, the Oregon Revised Statutes and Federal laws, rules, regulations and guidelines:

1. DISCRIMINATION IN SUBCONTRACTING PROHIBITED; REMEDIES - ORS

279A.110 AND 279A.105:

1.1 The Contractor may not discriminate against a Subcontractor in the awarding of a subcontract because the Subcontractor is a minority, women, disabled veterans or emerging small business enterprise certified under ORS 200.055.

1.2 By entering into the Contract, the Contractor certifies it has not discriminated and will not discriminate, in violation of Subsection 1.1 against any minority, women, disabled veterans or emerging small business enterprise in obtaining any required subcontract.

1.3 If the Contractor violates the nondiscrimination certification made under

Subsection 1.2, the City may regard the violation as a breach of contract that permits the City to terminate the Contract or exercise any remedies for breach permitted under the Contract.

2. PREFERENCE FOR OREGON GOODS AND SERVICES; NONRESIDENT

CONTRACTOR REPORT TO DEPARTMENT OF REVENUE - ORS 279A.120:

2.1 As used in this Section,

(a) “nonresident contractor” means a contractor that is not a resident contractor.

(b) “resident contractor” means a contract that has paid unemployment taxes or income taxes in the State of Oregon during the 12 calendar months immediately preceding submission of the bid or proposal for the Contract, has a business address in this state, and stated in the bid or proposal for the Contract that it was not a “resident bidder” under ORS 279A.120.

2.2 For the purposes of awarding the Contract, the City will:

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(a) give preference to goods or services that have been manufactured or produced in Oregon if the price, fitness, availability and quality are otherwise equal; and

(b) add the percentage increase to the bid of a nonresident bidder equal to the percentage, if any, of the preference given to the Contractor in the same state in which the Contractor resides.

2.3 If the Contractor is a nonresident contractor and the public contract price exceeds $10,000, the Contractor shall promptly report to the Department of Revenue, on forms to be provided by the Department, the total contract price, terms of payment, length of contract and such other information as the Department may require before the Contractor may receive final payment on the Contract. The City shall satisfy itself that the requirement of this Section has been complied with before it issues a final payment on the public contract.

3. PREFERENCE FOR RECYCLED MATERIALS - ORS 279A.125:

3.1 Notwithstanding provisions of law requiring the City to award a contract to the lowest responsible bidder or best proposer or provider of a quotation and subject to Section 3.2, when procuring goods for any public use, the City shall give preference to the procurement of goods manufactured from recycled materials.

3.2 The City shall give preference to goods that are considered to be made from recycled materials if:

(a) The recycled product is available;

(b) The recycled product meets applicable standards;

(c) The recycled product can be substituted for a comparable nonrecycled product; and

(d) The recycled product’s cost does not exceed the cost of a comparable nonrecycled product by more than five percent, or a higher percentage if a written determination is made by the City.

4. PAYMENT OF LABORERS AND MATERIALMEN, CONTRIBUTIONS TO

INDUSTRIAL ACCIDENT FUND, LIENS AND WITHHOLDING TAXES - ORS

279B.220: The Contractor shall:

4.1 Make payment promptly, as due, to all persons supplying to such

Contractor, labor or material for the performance of the work provided for in the Contract.

4.2 Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the Contract.

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4.3 Not permit any lien or claim to be filed or prosecuted against the City or any subdivision thereof on account of any labor or material furnished.

4.4 Pay to the Department of Revenue, all sums withheld from employees pursuant to ORS 316.167.

5. PROHIBITION OF DISCRIMINATORY WAGE RATES BASED ON SEX – ORS

652.220: The Contractor shall not:

5.1 Discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills;

5.2 Pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character, the performance of which requires comparable skills. This section does not apply where:

(a) Payment is made pursuant to a seniority or merit system which does not discriminate on the basis of a protected class; or

(b) A system measures earnings by quantity or quality of production, including piece-rate work; or

(c) Travel is necessary and regular for the employee; or

(d) Education, training, experience, or any combination of factors account for the entire compensation differential.

5.3 Discriminate in the payment of wages or other compensation against any employee because the employee has filed a complaint in a proceeding, has testified or is about to testify, or because the employer believes that the employee may testify in any investigation, proceedings or criminal action pursuant to ORS

652.210 to 652.235.

6. SALVAGING, RECYCLING, COMPOSTING OR MULCHING YARD WASTE

MATERIAL - ORS 279B.225: If the Contract will include lawn and landscape maintenance the Contractor shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective.

7. PAYMENT FOR MEDICAL CARE AND ATTENTION TO EMPLOYEES - ORS

279B.230:

7.1 Contractor shall promptly as due, make payment to any person, co-partnership association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted

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7.2 The Contractor, its subcontractors, if any, and all employers providing work, labor or materials under the Contract who are subject employers under the Oregon Workers’ Compensation Law shall comply with ORS 656.017, which requires…