Request for Proposals - Manzanita Comprehensive Plan and Ordinance Update.pdf

Request for Proposals

For

Comprehensive Plan and Ordinance Update

Issue Date: December 8, 2023 Proposal Due Date:

Friday, February 23, 2024 at 5:00PM

City of Manzanita PO Box 129

Manzanita, Oregon 97130 503 368-5343

City of Manzanita—Comprehensive Plan and Ordinance Update

The City of Manzanita (“City”) is soliciting proposals from qualified firms to provide both long range land use planning services and provide updates to the City’s implementing Ordinances. The Request for Proposals (RFP) is designed to be administered in two phases. The first phase will be to review and conduct a major update of the City’s Comprehensive Plan and to provide updates to the City’s Zoning Ordinance and Subdivision Ordinance to implement SB 406 which requires all cities in Tillamook County to be compliant with Oregon’s Middle Housing Rules. The scope of work identified in Exhibit A to this RFP focuses mostly on Phase 1. The second phase of the Project will be fully scoped and negotiated with the successful proposer upon successful completion of Phase 1.

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

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

City will hold a preproposal meeting on December 20th, 2023 9:00AM via Zoom. Attendance at this meeting is not mandatory but is strongly encouraged. Please contact cityhall@ci.manzanita.or.us to get sign up for the meeting and receive a zoom link. Prequalification is not required. Statements made by the City’s representatives at the preproposal meeting are not binding on City unless confirmed by written addendum.

Successful proposers will be asked to sign a Professional Services Agreement with City. A sample of the agreement is attached as part of the RFP documents (see Exhibit C to the RFP). The sample agreement requires specific levels of insurance, a Manzanita business license, and a tax identification number (such requirements are in addition to the proposer minimum requirements set forth in this RFP). Proposers must evaluate this sample agreement and agree with the terms and conditions contained therein unless written objections are included as an addenda with their proposal. City will review the addenda and content of any such objection in the proposal evaluation process.

Objections after the awarding of the contract will not be considered and are grounds for subsequent denial of the contract.

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

Proposals will be received until 5:00PM on Friday, February 23, 2024 for the purpose of selecting a consultant.

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

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

Dated this day of December 8, 2023

City of Manzanita, Oregon

I. Introduc�on City is seeking a professional land use planning firm to conduct a full update of the City’s Comprehensive Plan and Zoning Ordinance and Subdivision Ordinance to meet the requirements of ORS 197.758 Development of Middle Housing. A second phase may be executed as an amendment to the ini�al contract https://ci.manzanita.or.us/ mailto:cityhall@ci.manzanita.or.us mailto:laman@ci.manzanita.or.us to include addi�onal amendments to the City’s Zoning Ordinance or related development ordinances to implement updated policies in the Comprehensive Plan (See Exhibit A to this RFP, Scope of Work).

II. City Descrip�on City is surrounded by the natural beauty of the Pacific Ocean, Neah-Kah-Nie Mountain, and state and private forests on the north Oregon coast, just two hours west of Portland. City is home to approximately 600 full �me residents and 1,600 part-�me homeowners, and it is a des�na�on for visitors from around the world. City is a vibrant and complex city with an ac�ve and deeply engaged community. City is organized around a main street with businesses serving the visitors and local community, including three grocery stores, a bookstore, restaurants, and many other varied retail establishments.

III. Project Background The City’s Comprehensive Plan was last updated in 1996. The 1996 Plan horizon was 2010 and contemplated a permanent popula�on of 1,725 residents, and a part �me popula�on of 2,520. As of the 2020 census, City’s permanent popula�on has remained largely sta�c, at 603 residents though there has been growth in the second homeowner popula�on and City is seeing an increase in both residen�al and commercial housing development. City has also experienced a greater volume of year round visitors since the COVID 19 pandemic impac�ng livability in City.

In 2022, the City Council implemented a moratorium on Dune Grading for views in City. View grading is allowed under Goal 18 of the City’s Comprehensive Plan. City has also recently completed a regional Transporta�on Systems Plan (TSP) with the neighboring communi�es of Wheeler and Nehalem called the Nehalem Bay Transporta�on Systems Plan. The City Council recently passed an ordinance to adopt Volume 2 of the TSP which is specific to City, and includes text amendments to the City’s Comprehensive Plan for Goal 12, Transporta�on, and the Street Policies found in Goal 11. The Planning Commission is currently reviewing ordinance amendments to implement these policies in the City’s Zoning Ordinance and related ordinances.

City an�cipates that all goals, aside from Goal 12, and the street policies in Goal 11, will be updated as part of the Comprehensive Plan Update. Goal 10, Housing, must be updated for compliance with state law and Goal 18 is also a top priority for City.

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

Leila Aman is the sole point of contact for all ques�ons, concerns, and protests related to this RFP. She may be reached at 503-368-5343 or by email at laman@ci.manzanita.or.us.

V. Proposal Submission Sealed proposals shall be submited and delivered by 5:00PM on Friday, February 23, 2024 in pdf format via email, in person, or by mail to:

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

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

Proposals shall be printed double-sided.

VI. Schedule of Events City an�cipates the following general �meline for receiving and evalua�ng the proposals and selec�ng a consultant. This schedule is subject to change if it is in City’s best interest to do so.

i. Pos�ng of RFP December 8, 2023

ii. Pre-Proposal Mee�ng December, 20, 2023, 9:00AM

iii. Deadline for clarifica�ons/ques�ons/changes to RFP December 22, 2023, 5:00PM

iv. Deadline for Protests of RFP December 22, 2023, 5:00PM

v. Proposal Due February 23, 2024, 5:00PM

vi. Evalua�on of Proposals Complete March 8, 2024

vii. Invita�on to Proposers for Interview & Presenta�on March 11, 2024

viii. Interview & Presenta�on Mee�ngs March 18-20, 2024

ix. Evalua�on of Interview & Presenta�on Complete March 18-20, 2024

x. Pos�ng No�ce of Intent to Award March 22, 2024

xi. Deadline for Protests of Award March 29, 2024 5:00PM

xii. City Council Approval and Commencement of Professional Services Agreement Expected April 3, 2024

A. RFP Clarification and Protests; Addenda

i. Informal Ques�ons or Requests for Clarifica�on. Any proposer requiring clarifica�on of the informa�on provided in this RFP may submit specific ques�ons or comments in wri�ng to the contact set forth in Sec�on IV of this RFP. Email is the preferred form of writen communica�on. The deadline for submi�ng such ques�ons is set forth under the Schedule of events in Sec�on VI(ii) above.

ii. Request for Clarifica�on or Protest of Solicita�on or Contract Documents. Any proposer wishing to protest this RFP or request clarifica�on of any provision, specifica�on, or contract term contained in the solicita�on documents, must submit such ques�ons, comments, or protests to the contact set forth in Sec�on IV of this RFP. The deadline for submi�ng such protests is set forth in the Schedule of Events in Sec�on VI(iii) above.

iii. Content of Solicita�on Protest. The prospec�ve proposer’s writen request for change, or protest of the RFP must include all of the following and otherwise comply with OAR 137-048-0240(1):

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

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

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

and

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

iv. Addenda. City reserves the right to make changes to the RFP by writen addenda. If City determines that a change or clarifica�on to the solicita�on documents is necessary, such informa�on, clarifica�on, or interpreta�on will be supplied in a writen addendum, posted to Oregon Buys, the State of Oregon’s procurement system. All proposers must be signed up through Oregon Buys and sign up for the bud list on the system. While City will include a copy of the proposal on the City’s website, all official communica�on will be updated through Oregon Buys.

v. Proposers should consult Oregon Buys website regularly un�l the proposal due date and �me to assure that they have not missed any addendum announcements. By submi�ng a proposal, each proposer thereby agrees that it accepts all risks, and waives all claims, associated with or related to its failure to obtain addendum informa�on. Proposers will also be required to acknowledge receipt of each addendum in wri�ng as part of their proposals. Statements made by City’s representa�ves are not binding on City unless confirmed by writen addendum.

No addenda will be issued later than five days before the date that proposals are due, except an addendum, if City deems necessary, postponing the due date for proposals, withdrawing the RFP, or modifying elements of the RFP resulting from delayed process.

B. CONFIDENTIALITY

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

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

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

i. Such pages must be clearly marked “Confiden�al” on each page of the confiden�al document.

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

iii. In its proposal, proposer must cite the specific statutory exemp�on in Oregon Records Law exemp�ng such pages from disclosure.

iv. Subsec�ons (i) and (ii) above will prevail in the event these provisions conflict with forma�ng or response instruc�ons elsewhere in this document.

v. Proposers may not mark an en�re proposal confiden�al. Should a proposal be submited in this manner, City will hold no por�on of the proposal as confiden�al, unless such a por�on is segregated as required under subsec�on (ii) above and is determined exempt from Oregon Public Records Law.

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

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

C. CANCELLATION

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

D. LATE PROPOSALS

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

E. DISPUTES

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

F. PROPOSER’S REPRESENTATION

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

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

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

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

G. CONDITIONS OF SUBMITTAL

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

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

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

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

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

H. COST OF REQUEST FOR PROPOSALS AND ASSOCIATED RESPONSES

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

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

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

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

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

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

J. REJECTION OF PROPOSALS

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

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

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

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

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

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

K. MODIFICATION OR WITHDRAWAL OF PROPOSAL BY PROPOSER

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

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

L. PROPOSAL OWNERSHIP

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

M. DURATION OF PROPOSAL

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

N. AFFIRMATIVE ACTION/NONDISCRIMINATION

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

O. TAX COMPLIANCE

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

P. PROPOSAL AND PROPOSER REQUIREMENTS

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

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

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

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

i. Team Capacity and Relative Experience Provide a description of your firm’s and key personnel’s experience in providing services similar to those described in this RFP. Include a short profile of each individual proposed to perform work under the contract, if awarded, and their role. Include relevant experience, active and applicable licenses and/or certifications, and available capacity, including time allocation for this Project. Tell us what sets you and your firm apart from your competition. Highlight specific public sector experience that directly translates to your ability to be successful with this Project. Provide an organizational chart of the complete team proposed for the Project.

ii. Community Engagement Experience This is a highly visible and important project for the Manzanita community. Therefore, ongoing communication and community outreach that balances a diverse set of viewpoints will be an important element of the Project. Please describe your experience developing community engagement strategies specifically related to comprehensive planning and zoning ordinance updates. Describe the main components of your strategy including strategies for educating the public, how you will engage the public and how you will use public feedback to help inform and advance the Project.

iii. Comprehensive Planning Experience It is essential that the team have experience in developing comprehensive plans in the State of Oregon.

Please describe why your firm/or team is uniquely qualified. City is seeking a consultant with experience incorporating resilience and health issues into comprehensive plans. This can include but is not limited to sea level rise, wildfire, flooding, excessive heat, walkability, and energy efficiency. Provide experience regarding equity, diversity, and inclusion. Provide project team references for similar projects; highlighting the recently completed public/government/municipal projects. Provide a complete description of all work in the last three years with municipal governments.

iv. Middle Housing and Zoning Ordinance Experience Please provide your experience with writing zoning ordinances and your form-based code experience.

Describe your experience with Oregon’s Middle Housing Rules (HB 2001) and your proposed approach to successfully updating the City’s Comprehensive Plan policies and Zoning Ordinance to follow state law.

This should include recent updates to HB 2001 from the 2023 legislative session including SB 406. Please describe your experience writing housing-related policies and ordinance language that reflect the values of the local community and state law while balancing tree preservation.

IV. PROJECT APPROACH AND METHODS

Describe your firm’s project approach and methods to meet the requirements of the Scope of Work described in Exhibit A. Include any additions, changes or recommendations for enhancing the work program. Please also provide a summary of your project management approach and communication protocols. Describe any additional City resources (staff time, materials, etc.) that are necessary to complete any aspect of the Project. Tell us how you will meet the demands of a complex project such as this, including meeting deadlines when short turn-around times are required.

V. PROPOSED COST

Based on the anticipated Scope of Work set forth in Exhibit A to this RFP, provide a total Project cost including estimated reimbursable costs and other related scopes. The proposed amount should be outlined for services for all tasks included in Phase 1including estimated total hours required. Costs should assume all requirements outlined within this RFP. The proposed amount should be accompanied by an exhibit detailing all hourly rates that may apply to this Project, including rates for sub-consultants.

The fee schedule shall be only one of several evaluation criteria and will not be the exclusive factor in determining the successful proposal.

VI. PROPOSER REQUIREMENTS

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

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

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

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

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

iv. All proposers must carry required insurance, naming City an addi�onal insured.

Q. SELECTION COMMITTEE & INTERVIEW PANEL

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

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

Criteria Maximum Points

Introductory Letter Pass/fail

Team Capacity and Relative Experience 10

Community Engagement Experience 10

Comprehensive Planning Experience 25

Middle Housing and Zoning Ordinance Experience 25

Project Approach and Methods Proposed 15

Cost 15

TOTAL 100

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

The interview panel shall interview proposers whose proposals evidence the highest level of qualification and experience to proceed to an oral interview and presentation. Each proposer selected to interview and present will require the proposer’s proposed project manager for the Project to attend the interview and presentation.

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

Criteria Maximum Points

Team Capacity and Relative Experience 30

Community Engagement Experience 30

Project Approach and Methods Proposed 30

Overall quality of Interview and Presentation 10

TOTAL 100

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

City reserves the right to:

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

• Reject any proposal not mee�ng the specifica�ons set forth herein;

• Waive any or all irregulari�es in proposals submited;

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

• Request references and other data to determine responsiveness.

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

R. PROTEST OF CONTRACT AWARD.

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

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

2. The reason for the protest is:

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

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

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

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

3. The protest is in wri�ng, clearly marked as a protest, includes a descrip�on of this RFP, and is delivered to and received by the point of contact and address set forth in Sec�on IV of this RFP no later than 5:00 p.m. on the deadline for submi�ng such protests set forth in the Schedule of Events in Sec�on VI(x).

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

ii. Protests not filed within the �me specified in this Sec�on VI(R), or which fail to cite the specific law, rule, regula�on, or procedure upon which the protest is based will be dismissed. An issue that could have been raised by request for clarifica�on or protest of the solicita�on is not a ground for protest of award.

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

S. CONTRACT REQUIREMENTS

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

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

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

Exhibit A-1

EXHIBIT A

SCOPE OF WORK (SERVICES TO BE PROVIDED)

Contractor shall support the City of Manzanita and its staff through all phases of the Project. The scope of work below is an es�mate of the work that will be required to achieve the goals of the Project.

Consultant is encouraged to use this scope as a star�ng point and is encouraged to put forward alterna�ves or add addi�onal informa�on that may not be included. The outline below is intended to reflect minimum requirements of the Project.

Task 1: Project Management

1.1 Project Administra�on

Consultant will maintain project files and documenta�on related to the Project and will be responsible for scheduling mee�ngs with City and sub-consultants as needed, maintain a high level of communica�on with City, prepara�on of agendas and summary notes for mee�ngs as appropriate.

1.2 Project Scoping

Consultant will work with City to finalize a detailed scope of work including Project deliverables.

1.3 Project Schedule

Consultant will develop and maintain a Project schedule that shows dura�on of tasks and subtasks through adop�on. Consultant will prepare a milestone graphic schedule for the Project in coordina�on with the Project team.

1.4 Project Kick-Off

Key members of the consultant team and City staff will par�cipate in an online Project kick-off. The purpose of the Project kick-off is for consultant to become familiar with local condi�ons and with Manzanita’s planning documents, for the par�es to confirm the objec�ves of the Project and refine the Project schedule. Consultant will propose an agenda and iden�fy materials for the mee�ng and will make any needed refinements to the scope and �meline based on feedback from staff.

1.5 Project Management Team Mee�ngs

Consultant will organize and lead check-ins with City as needed to discuss major Project milestones and work products, address ques�ons, and iden�fy follow-up ac�ons. These mee�ngs will be conducted online and conducted approximately every two weeks for the dura�on of the planning process.

1.6 Addi�onal Communica�on

In addi�on to the tasks described above the consultant will regularly communicate and coordinate with City regarding the status of and plans for current and upcoming Project deliverables and ac�vi�es. This will be done via email, telephone and online mee�ng communica�on.

Task 2: Public Outreach Strategy

2.1 Community Engagement Plan

The consultant will prepare a Community Engagement Plan to guide engagement ac�vi�es throughout the Comprehensive Plan and Housing-related Zoning Ordinance Updates. This plan should include specific outreach related to the update of Goal 10 – Housing Policies and should include educa�on and outreach related to Oregon’s Middle Housing Rules. The Community Engagement Plan will also address

Exhibit A-2 how the consultant will ensure fair and full par�cipa�on by all affected community members including low-income, limited English proficiency, minority, and underserved groups in addi�on to other Project accessibility needs including (but not limited to) language transla�on services, vision and hearing impairment accommoda�ons, and access to technology. An ini�al dra� of this document will be reviewed at the Project kick-off mee�ng and should include an ini�al schedule for the major ac�vi�es.

The Plan will be shared with the Advisory Commitee for feedback before it is finalized.

2.2 Project Branding

Consultant will develop a Project branding package that includes a logo, and design standards for crea�ng consistency of communica�on documents.

2.3 Project Webpage

Consultant will develop and host a Comprehensive Plan website to be linked from City website. The Project website will serve as the primary informa�on source, including at a minimum project background, current/upcoming events, Project �meline and schedule, a document library, and loca�on for surveys. The website should be used to communicate with the general public about the Comprehensive Plan and Housing-related Zoning Ordinance Updates. Consultant will work with City staff to regularly update the website to include access to dra� work products, announcements about upcoming engagement events, results of previous engagement events and other Project informa�on as it is available. Consultant will develop a plan for transi�oning web assets back to City at the conclusion of the Project.

2.4 Community Workshops

Up to five community Workshops will be conducted during the Project to solicit feedback from the community. Topics of these mee�ngs are expected to include a community kick-off that highlights the need to update the City’s Comprehensive Plan and Zoning Ordinance as it relates to housing and facilita�on of a community visioning ac�vity to serve as a founda�on for the plan goals and policies. The second workshop will focus on dra� goals/concepts for each land use planning goal except for transporta�on and housing. A third workshop will focus on the Urban Growth Boundary and the SRR Zone. The fourth workshop will be focused specifically on Goal 10 – Housing Policies, and how it relates to Oregon’s Middle Housing Rules. Workshop five will focus on proposed dra� policies and zoning ordinance updates related to housing. Consultant will work with staff to determine the subject mater for each mee�ng and the materials required. This task will be outlined in more detail in the Community Engagement Plan. City staff will coordinate logis�cs for in person mee�ngs. Some of these workshops can be held virtually but it is expected that at least two will be in person.

2.5 Stakeholder Interviews / Small Group Mee�ngs / Other Outreach The consultant will develop materials for staff and members of the Advisory Commitee to conduct small group mee�ngs with members of the community on specific topics as needed. These materials may also be used to gather outreach at other events such as the Manzanita Farmers Market. Consultant will conduct interviews with key stakeholders as iden�fied in the Community Engagement Plan.

2.6 Online Open Houses/Surveys

Consultant will prepare four online surveys that City will host on its website. These surveys will be focused on gathering public input on dra� vision, Comprehensive Plan policies, and Housing-related Zoning Ordinance changes.

Exhibit A-3

2.7 Advisory Commitee

Consultant will prepare for and facilitate Advisory Commitee mee�ngs to advise the team on the Comprehensive Plan Vision, Goals and Objec�ves, Policies, and Housing-related Zoning Ordinance Updates. It is an�cipated that there will be up to 10 of these mee�ngs throughout the dura�on of the Project. The Advisory Commitee will be appointed by the City Council and will represent a diverse cross sec�on of the Manzanita Community.

2.8 Planning Commission and City Council Updates

Consultant will support City staff in providing regular updates to the Planning Commission and City Council. These will include a combina�on of rela�vely concise briefings on the Project, combined with two to three more in-depth work sessions with each group during the Project. A total of approximately 10 briefings inclusive of the in-depth work sessions will be conducted.

2.9 Outreach Report

Consultant will provide a comprehensive overview of all outreach efforts in a summary format and report. This report will be generated a�er the first set of outreach events and updates on an on going basis. The final report will include all cumula�ve informa�on and an execu�ve summary of all outreach efforts throughout the update process.

Task 3 – Exis�ng and Baseline Condi�ons Analysis

3.1 Review of Exis�ng Condi�ons

Consultant will work with City staff to review informa�on about exis�ng condi�ons, including popula�on and demographics, land use, housing, natural resources and hazards, public facili�es and infrastructure including emergency planning, sustainability and climate resilience, land use, housing and economic development. City will provide the consultant with the following documents:

• Transporta�on Systems Plan

• Manzanita Zoning Ordinance

• Subdivision Ordinance

• Dune Grading Ordinance

• Dune Management Plan

• County Hazard Mi�ga�on Plan

• Buildable Lands Inventory

• County Housing Needs Analysis

• Outreach Summary from 2022 Town Hall Mee�ngs

Consultant will also provide guidance and direc�on to City on what plans will require upda�ng in the short term ac�on planning element of the Plan.

3.2 Baseline Condi�ons

The founda�on of the City’s economy is tourism primarily in the form of short-term rentals, hotels and service-related retail establishments. It is assumed that a formal Economic Opportunity Analysis will not be required, but a summary of the exis�ng economic condi�ons of the City will be necessary. Consultant should provide guidance to the City on how best to accomplish this. Department of Land Conserva�on and Development has advised City that jurisdic�ons not already in process for housing capacity analyses should wait un�l a�er January 2025. There will be rule making needed to implement the new HB2001 and under the new approach, jurisdic�ons will be allocated a popula�on projec�on in January 2025. The

Exhibit A-4

2019 Housing Needs Analysis conducted by Tillamook County will serve as the founda�on for assump�ons related to housing needs in Manzanita.

Review the Sixth Oregon Climate Assessment Land Use Law and Climate sec�on and provide an execu�ve summary on how it poten�ally impacts the City’s Comprehensive Plan and Zoning Ordinance.

Establishing new and upda�ng baseline GIS data for the City may be required. Like many rural and small communi�es Manzanita has limited GIS data availability. However, in the last two years City has adopted ArcGIS capability. Consultant will work with the City to determine, what if any addi�onal data may be required.

Task 4 – Community Visioning Relying on informa�on gathered from Task 3 and Community Mee�ng 1, consultant will dra� a Vision for the Comprehensive Plan. The Vision will be based on community priori�es and will serve as a framework for developing goals and objec�ves for the plan. A dra� of the Vision will be reviewed by the Advisory Commitee and will be made available on line for public review and feedback before being finalized and approved by the City Council.

Task 5 - Comprehensive Plan Review and Residen�al Zoning Ordinance Audit

5.1 Review of Comprehensive Plan

Consultant will review the City’s Comprehensive Plan and Zoning Map (which acts as the City’s Comprehensive Plan Map) to iden�fy gaps, legal or policy issues within the exis�ng Comprehensive Plan, and any poten�al conflicts with the Community Vision.

5.2 Phase 1: Review of Manzanita Zoning Ordinance – Residen�al Provisions Consultant will conduct a review to iden�fy opportuni�es and constraints in the Manzanita Zoning Ordinance and Subdivision Ordinance related to the implementa�on of Oregon’s Middle Housing Rules.

The task will include educa�onal and technical components. Part one will include educa�on materials developed by the consultant to ensure the public and decision makers have a clear understanding of the requirements of Oregon’s Middle Housing Rules. Secondly the consultant shall summarize audit findings that iden�fy conflicts and problems with the Zoning, Subdivision or other ordinances in mee�ng state objec�ves.

Task 6 – Future Condi�ons and Land Use Scenario Analysis Consultant will work with City staff and community members to iden�fy future trends related to climate, growth and development. Consultant will rely on the City’s transporta�on plan, the results of the visioning work conducted in combined Task 3. Consultant will use this informa�on to prepare and evaluate land use and transporta�on scenarios that iden�fy the loca�ons and character of future housing and employment growth and will iden�fy a preferred land use scenario. Scenarios may differ in terms of the loca�on and type of development that occurs.

Exhibit A-5

Task 7 – Dra� Comprehensive Plan Goals, Policies and Housing-Related Zoning Ordinance Dra� Concepts

7.1. Dra� Comprehensive Plan Policies, and Housing-Related Zoning Code Amendments Using informa�on gathered in Tasks 2 and 3 consultants will develop dra� Comprehensive Plan Goals, Policies and Middle Housing-related code concepts for community input and feedback. Using the Public Outreach strategy, consultant will engage the community at large, Advisory Group, Planning Commission, and City Council to gather feedback on the dra� Comprehensive Plan Goals, Policies and Housing-related Code concepts.

7.2 Community Review and Refinement of Goals, Policies and Zoning Code Amendments Consultant, in consulta�on with City, will consider public input received in this stage of the Project and will make any necessary revisions to the dra� Goals and Policies and Middle Housing Code concepts, if needed.

7.3 Updated Maps and GIS Assistance

City currently uses its Zoning Ordinance Map as its Comprehensive Plan Map. Working through the planning process consultant will work with the City to determine whether the City should have separate comprehensive plan map and if so will develop a GIS data set for this map. Consultant will also create an updated zoning map reflec�ng any proposed changes as a result of the future condi�ons work in Task 6.

Task 8 – Short Term Ac�on Planning The City would like for the consultant to include an implementa�on framework for the Comprehensive Plan. This should include recommenda�ons for updates to exis�ng city ordinances, or technical studies such as a dune management strategy that may be required to implement aspects of the Comprehensive Plan.

Task 9 – Dra� Comprehensive Plan and Housing-Related Zoning Ordinance Update A�er review of the findings and recommenda�ons and feedback from the community during Task 7, Consultant will prepare a dra� Comprehensive Plan document and dra� updates to the City’s Zoning and Subdivision Ordinance, and other development ordinances (if appropriate) that reflect community input and ensuring concurrence with all statewide planning goals and Oregon’s Middle Housing Rules for review by the Advisory Group and the Planning Commission.

Task 10: Final Plan and Zoning Ordinance Update A�er review of the dra� Comprehensive Plan and Zoning Ordinance updates in Task 9, consultant will prepare a final Comprehensive Plan Document and a Memorandum with adop�on-ready language for the City’s Zoning and Subdivision Ordinance and other ordinances. The final document for the Zoning Ordinance Update should be delivered in two formats: double underline/strikeout (showing new and deleted text, respec�vely) to indicate changes from exis�ng code language; and clean text, in a format suitable for adop�on. The Comprehensive Plan Document should be in final form including graphics and appendices.

Exhibit A-6

Task 11: Adop�on Presenta�on Materials Work Sessions

The City will schedule and provide no�ce and an agenda for hearings to adopt the City’s Comprehensive Plan Update and updates to the Zoning Ordinance. Consultant will prepare final presenta�on materials and par�cipate in hearings at the Planning Commission and City Council.

Task 12: Phase 2: Addi�onal Ordinance Updates A supplemental scope may be nego�ated later with the selected consultant to develop land use-related Zoning and Subdivision ordinance updates iden�fied in Task 8 to implement the policies of the comprehensive plan. It is an�cipated that the following scope of work will be required for Phase 2:

1. Ordinance updates to Manzanita Zoning Ordinance that reflect changes to land use in mixed use zones and commercial districts, natural resources, beaches and dune protec�on, public facili�es to implement new or updated policies in the comprehensive plan to ensure concurrence with the Comprehensive Plan.

2. Ordinance updates to the Manzanita Subdivision Ordinance that reflect the updated policies in the Comprehension Plan beyond those required for mee�ng statewide rules around Middle Housing.

3. Assistance working with the Planning Commission and City Council to ensure adop�on of ordinance amendments necessary to implement the Comprehensive Plan.

4. Updated Geographic Informa�on System data for zoning map amendments.

Detailed scope of work will be developed later and executed through a contract amendment.

Exhibit B-1

EXHIBIT B

PROPOSER CERTIFICATIONS AND REPRESENTATIONS

Proposed Project Description

PROPOSAL FORM

(To Be Returned)

1. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

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

REQUIRED.)

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

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

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

BUSINESS (OMWESB) CERTIFICATION

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

Minority Business Enterprise (MBE)

Women Business Enterprise (WBE)

Emerging Small Business (ESB)

4. PROPOSER’S SIGNATURE AND IDENTIFICATION

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

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

Name of Proprietor, Partnership, or Corporation

Signature of Proprietor, Partner, or Corporate Officer:

Name Signature

Street Address Name of Signatory

Mailing Address Date Signed

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

Phone Number Secretary of Corporation

E…