RFP 2026-80 Sandy River Force Main River Crossing Project Progressive Design-Build.pdf

REQUEST FOR PROPOSALS # 2026-80

FOR

Sandy River Force Main River Crossing Project – Progressive Design-Build

BOARD OF COUNTY COMMISSIONERS

CRAIG ROBERTS, Chair BEN WEST, Commissioner

PAUL SAVAS, Commissioner MARTHA SCHRADER, Commissioner

DIANA HELM, Commissioner

Gary Schmidt County Administrator

Tralee Whitley

County Procurement

PROPOSAL CLOSING DATE, TIME, AND LOCATION

Date: December 3, 2026

Time: 2:00 PM Local Time

Location: https://bidlocker.us/a/clackamascounty/BidLocker https://bidlocker.us/a/clackamascounty/BidLocker ii

REQUEST FOR PROPOSALS

Contents

Section 1. Background

1.1 Introduction

1.2 RFP Organization

1.3 Owner’s Objectives

Section 2. Project Overview

2.1 Project Background

2.2 Project Scope

Section 3. Progressive Design-Build Services

3.1 General

3.2 Roles and Responsibilities

Section 4. Procurement Process

4.1 Communication and Owner Contact

4.2 Procurement Process

4.3 Procurement Schedule

4.4 Instructions to Proposers

Section 5. Proposal Submission Requirements

5.1 Submittal Place and Deadline

5.2 Submission Format

5.3 Submission Content

5.3.1 Part 1 Transmittal Letter

5.3.2 Part 2 – Design-Builder Profile

5.3.3 Part 3 – Project Team

5.3.4 Part 4 – Experience

5.3.5 Part 5 – Project Understanding and Approach

5.3.6 Part 6 – Scope of Phase 1 Services with Fee and Rate Proposal

5.3.7 Appendices

iii

Section 6. Proposal Evaluation and Selection

6.1 Minimum Qualification Requirements

6.2 Comparative Evaluation Criteria

6.3 Selection

Attachment A – Definition of Terms

Attachment B –Draft Progressive Design-Build Contract

Attachment C – Project Background Documents

Attachment D – Forms for Affirmation of Compliance

Attachment E – Fee and Rate Proposal Form

Attachment F – Project Experience Form

Request for Proposals

Section 1. Background

1.1 Introduction

Clackamas Water Environment Services (District or Owner) is soliciting Proposals from those entities (Proposers) interested in contracting to serve as the Design-Builder for the design and construction of the Sandy River Force Main River Crossing Project (Project). The Owner is using Progressive Design-Build delivery for the Project. The Owner invites Proposers to submit Proposals according to the requirements set forth in this Request for Proposals (RFP). Proposals must be fully compliant with the requirements contained within this RFP and must be submitted to the contact information provided in Section 5.

The Proposals will be reviewed and evaluated using the best-value selection process described in Section

6. The capitalized terms in this RFP have the meanings as first used in the text of this RFP and as defined in Attachment A (Definition of Terms). The Progressive Design Build approach outlined in this RFP was chosen to allow Owner involvement in the design process for the Project while leveraging the schedule, collaboration, cost-savings, and other advantages that result from use of a progressive design-build process.

The Project is to be designed and constructed in two phases:

• Phase 1: Prepare design to 60% complete and a Guaranteed Maximum Price (GMP) proposal.

• Phase 2: Complete design, construction and post-construction tasks, including performance testing, and startup commissioning (if GMP proposal is accepted by the Owner.).

At completion of the evaluation process, the Owner will select a Proposer to award, or enter into negotiations for award of the Progressive Design-Build Contract (see RFP Attachment B -Draft Progressive Design-Build Contract).

At this time WES has not selected an Owner’s Advisor for the Project. The Owner’s Advisor will provide oversight of the Progressive Design-Build process throughout the Project. The selected Proposer will be expected to coordinate its efforts with Owner staff, the Owner’s Advisor, and any designer, contractors, or project-support with whom the Owner has contracted or will contract for other aspects of the Project.

1.2 RFP Organization

This RFP consists of seven Sections and eight Attachments:

• Section 1: Background

• Section 2: Project Overview

• Section 3: Progressive Design-Build Services

• Section 4: Procurement Process

• Section 5: Proposal Submission Requirements

• Section 6: Proposal Evaluation and Selection

• Section 7: Conditions for Proposers

• Attachment A: Definition of Terms

• Attachment B: Draft Progressive Design-Build Agreement

• Attachment C: Project Background Documents

• Attachment D: Forms for Affirmation of Compliance

• Attachment E: Fee and Rate Proposal Form

• Attachment F: Project Experience Form

Certain project background documents are being made available in Attachment C (Project Background Documents) for the purpose of preparing Proposals. The Owner is providing these documents only for the purpose of obtaining Proposals for the Project and does not confer a license or grant for any other use. The extent to which the Design-Builder may rely on such background documents is set forth in Attachment B (Draft Progressive Design-Build Contract).

1.3 Owner’s Objectives

The goal of this project is to design and construct the Project by December 2027.

The Owner’s objectives for delivery of the Project are as follows:

• Quality:

− Design, permit and construct a new river crossing for the Sandy River Force Main River

Crossing Project while minimizing construction impacts to the environment and stakeholders in full compliance with federal, state and local regulations. The owner is also open to the realignment of the existing “exposed” force main if that would be a more cost effective solution.

− Complete project engineering and design that meet the highest professional standards used by members of the subject profession practicing under similar circumstances.

• Cost: Cost effective design and construction to comply with Owner’s Project budget.

• Schedule: The Project will be Substantially Complete on or before October 31, 2027 with Final

Completion on or before December 31, 2027.

• Risk: Achieve an optimal balance of risk allocation between the Owner and the Design-Builder to ensure risks are managed by the party best positioned to mitigate the risk.

• Safety: Implement an effective safety program incorporating best industry practices for protection of Owner, Owner’s Advisor, and progressive design-build staff and other associated parties including the Public throughout design and construction.

By selecting the Progressive Design-Build delivery method for the Project, the Owner is committed to working in close collaboration with the Design-Builder throughout the Project. During Phase 1 the Owner will work closely with the Design-Builder in development of the Project design to achieve the Project objectives and to obtain a mutually agreeable GMP for delivery of the Project.

Section 2. Project Overview

2.1 Project Background

The Sandy River Force Main River Crossing is a critical component of the Water Environment Services (WES) collection and conveyance system in our Hoodland Service area, transporting wastewater flows from the Sandy River Lane Pump Station to the Timberline Rim Pump Station for ultimate treatment at the Hoodland Wastewater Resource Recovery Facility. The existing system includes an 8-inch force main crossing beneath the Sandy River, originally installed via trenchless methods.

During the December 2025 storm events, the Sandy River experienced significantly elevated flows that resulted in rapid erosion of the riverbank along the south side of the crossing. This erosion exposed portions of the existing force main that were previously buried beneath the riverbank, creating an immediate and ongoing risk of pipeline failure.

Exposure of the force main introduces several critical concerns:

• Increased likelihood of mechanical damage or rupture due to hydraulic forces, debris impact, or continued erosion

• Elevated risk of release of untreated wastewater to the Sandy River, with associated environmental and regulatory consequences

• Reduced reliability of a key conveyance asset serving the Timberline Rim service area

WES has completed interim stabilization and protection measures under a separate effort to reduce near-term risk; however, these measures are not intended to serve as a long-term solution and will need to be removed once the new force main is installed and on line.

Historic Vulnerability and System Evaluation

The vulnerability of the Sandy River Force Main River Crossing is not a new condition. A 2013 vulnerability mitigation study identified that the Sandy River in this reach exhibits significant lateral migration and bank instability, with documented channel movement over time.

That evaluation concluded:

• The river has a history of meandering and channel migration, making long-term bank stabilization at the existing alignment uncertain

• Infrastructure located near the active channel is inherently at risk of future exposure

A range of alternatives were previously evaluated, including:

• Bank stabilization using riprap or large wood structures

• Trenchless crossings at varying setback distances from the river

• Relocation of the pump station and associated infrastructure

The analysis demonstrated that trenchless crossings located further from the active channel provide a significantly improved long-term level of protection compared to solutions that rely on stabilizing the existing bank

Potential Federal Funding

The Owner anticipates pursuing and/or may receive federal funding assistance for all or a portion of the Project. As a result, the Design-Builder may be required to comply with applicable federal funding requirements, including but not limited to provisions related to the Davis-Bacon Act, Build America Buy America (BABA), American Iron and Steel (AIS) requirements (if applicable), federal labor standards, procurement documentation, reporting requirements, and other federal grant or loan conditions.

The Design-Builder shall demonstrate familiarity with federally funded infrastructure projects and the ability to comply with applicable federal funding requirements. The specific federal requirements applicable to the Project will be identified and incorporated into the Progressive Design-Build Contract if federal funding is secured.

2.2 Project Scope

The Sandy River Force Main River Crossing Project (Project) includes the planning, design, permitting, and construction of a permanent replacement for the existing Sandy River force main crossing and associated infrastructure.

The Work includes, but is not limited to:

• Design and construction of a new force main crossing of the Sandy River

• Evaluation and selection of optimal alignment and trenchless crossing method

• Abandonment, removal, or decommissioning of the existing force main crossing

• Modifications to the Sandy River Lane Pump Station and/or Timberline Rim Pump Station connections, as required

• Removal of interim stabilization measures which have been constructed.

• Testing, commissioning, and startup of the completed system

The final configuration of the Project will be developed during Phase 1 services.

Section 3. Progressive Design-Build Services

3.1 General

As noted in Section 2, the Design-Builder will provide services in two distinct phases.

Phase 1 services:

• Produce the basis-of-design report for the sandy force main pipeline.

• Perform engineering studies to support design and cost estimating.

• Develop the engineering design and specifications for the Project

• Prepare a project cost model and provide detailed cost estimates as the design is advanced at each design milestone.

• Preparation and submission of Permit Applications to the various Regulatory Authorities as required to perform the work.

• Assist Owner in identification of any temporary and permanent easements requirements.

• Submit and negotiate a GMP to complete the Phase 2 services.

Phase 2 services:

• Complete the final design and provide Professional Engineer certified and stamped documents

(plans and specifications) for construction.

• Procure equipment and subcontractors.

• Secure necessary permits.

• Construct Project.

• Conduct commissioning and performance testing.

• Provide warranty coverage.

3.2 Roles and Responsibilities

Owner: The Owner will cooperate with the Design-Builder and will fulfill its responsibilities in a timely manner to facilitate the Design-Builder’s timely and efficient performance of services. Owner responsibilities include:

• Owner will provide to Design-Builder all known data in Owner’s possession relating to Design-Builder’s services on the project.

• Owner will make its facilities accessible to Design-Builder as required for Design-Builder’s performance of its services.

• Review submissions and provide comments to Design-Builder.

• Provide adequate funding.

Design-Builder: The Design-Builder will cooperate with the Owner and will provide in a timely manner the Phase 1 and Phase 2 services necessary to complete the Project scope specified in this RFP.

Design-Builder responsibilities include, but are not limited to:

• Prepare design and construction documents.

• Prepare and submit all necessary permitting documents.

• Supervise subcontractors and Design-Builder personnel.

• Obtain certain governmental approvals and permits.

• Maintain safe and secure work site.

• Conduct commissioning and system start-up.

• Implement quality-management procedures.

• Implement Project health and safety practices.

Section 4. Procurement Process

4.1 Communications and Owner Contact

On behalf of the Owner, Tralee Whitley will act as the sole point of contact for this RFP and shall administer the RFP process. The Owner’s point of contact is the only individual authorized to discuss this RFP with any interested parties. All communications shall be submitted by email to Twhitley@clackamas.us and shall specifically reference this RFP. All questions or comments should be directed to the Owner Contact.

No oral communications from the Owner Contact or other individual is binding. No contact with Owner staff, Owner’s Advisor staff, Board of Commissioners, or any public official or employee concerning the Project during the procurement process is allowed. A violation of this provision will result in disqualification of Proposer.

4.2 Procurement Process

The procurement of the Design-Builder will be undertaken through a single step, best-value selection process, which includes the issuance of this RFP. The procurement process is outlined below:

Proposals. Submitted proposals will be evaluated and scored. Total scores for the proposals will result in a ranking of the Proposers. The Proposer with the highest total score will be identified as a Successful Proposer and be offered the opportunity to serve as the Design-Builder; or

Shortlisted Proposers. Owner may invite the two to three highest-scoring Proposers to an interview for the Project (Shortlisted Proposers). Owner reserves the right to skip the interview or adjust the number of Shortlisted Proposers based on the quality and number of Proposals received.

Interviews. Proposers invited for interviews will be given information regarding Owner’s desired content a reasonable time before interviews are held. Interviews by each Proposer will be evaluated and scored. Each Proposer’s Interview score will be added to their Proposal score to determine their Total Overall Score. The Proposer with the highest total overall score will be identified as the Successful Proposer and be offered the opportunity to serve as the Design-Builder.

Negotiations and Award. Owner will proceed to negotiate both the Progressive Design-Build Contract and the Phase 1 services with the Successful Proposer. Award of the Design-Build Contract will be made only after the successful negotiation of the Phase 1 services and Owner’s Board of Commissioners approval of the Selection Committee’s recommendation.

mailto:rrice@clackamas.us

Owner reserves the exclusive right to select the Successful Proposer for award of the Design-Build Contract. Owner also reserves the exclusive right to reject any or all Proposals or Proposers at its sole discretion, with or without cause, at any time throughout the procurement process, and it may waive formalities in the procurement process as it deems appropriate upon Owner’s finding that it is in the best interest of the Owner or the public to do so.

4.3 Procurement Schedule

The following is the schedule for the general procurement process and completion of the Project; the Owner reserves the right to make changes to this schedule:

Description Completion Date Issue RFP October 29, 2026 Protest of RFP Specifications Deadline November 5th, 2026 Deadline for Questions November 18, 2026 Issue Final Addenda November 25, 2026 Proposal Submission Due Date December 3, 2026 Interviews Estimated 1st week of

January Design Builder Selection Estimated 2nd week of

January Deadline to Submit Protest of Award 7 days from Intent to

Award

4.4 INSTRUCTIONS TO PROPOSERS

Clackamas County (“County”) reserves the right to reject any and all Proposals received as a result of this RFP. County Local Contract Review Board Rules (“LCRB”) govern the procurement process for the County.

Modification or Withdrawal of Proposal: Any Proposal may be modified or withdrawn at any time prior to the Closing deadline, provided that a written request is received by the County Procurement Division Director, prior to the Closing. The withdrawal of a Proposal will not prejudice the right of a Proposer to submit a new Proposal.

Requests for Clarification and Requests for Change: Proposers may submit questions regarding the specifications of the RFP. Questions must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, at the contact email address listed in section 4.1. Requests for changes must include the reason for the change and any proposed changes to the requirements. The purpose of this requirement is to permit County to correct, prior to the opening of Proposals, RFP terms or technical requirements that may be unlawful, improvident or which unjustifiably restrict competition.

County will consider all requested changes and, if appropriate, amend the RFP. No oral or written instructions or information concerning this RFP from County managers, employees or agents to prospective Proposers shall bind County unless included in an Addendum to the RFP.

Protests of the RFP/Specifications: Protests must be in accordance with LCRB C-047-0730. Protests of Specifications must be received in writing on or before 5:00 p.m. (Pacific Time), on the date indicated in the Schedule, or within three (3) business days of issuance of any addendum, at the Procurement Division address listed in Section 4.2 of this RFP. Protests may not be faxed. Protests of the RFP specifications must include the reason for the protest and any proposed changes to the requirements.

Addenda: If any part of this RFP is changed, an addendum will be provided to Proposers that have provided an address to the Procurement Division for this procurement. It shall be Proposers responsibility to regularly check Oregon Buys for any notices, published addenda, or response to clarifying questions.

Submission of Proposals: Proposals must be submitted in accordance with Section 5. All Proposals shall comply in all regards with the requirements of this RFP. Proposals that include orders or qualifications may be rejected as irregular. All Proposals must include a signature that affirms the Proposer’s intent to be bound by the Proposal (may be on cover letter, on the Proposal, or the Proposal Certification Form) shall be signed. If a Proposal is submitted by a firm or partnership, the name and address of the firm or partnership shall be shown, together with the names and addresses of the members. If the Proposal is submitted by a corporation, it shall be signed in the name of such corporation by an official who is authorized to bind the contractor. The Proposals will be considered by the County to be submitted in confidence and are not subject to public disclosure until the notice of intent to award has been issued.

No late Proposals will be accepted. Proposals submitted after the Closing will be considered late and will be returned unopened. Proposals may not be submitted by telephone or fax.

Post-Selection Review and Protest of Award: County will name the apparent successful Proposer in a Notice of Intent to Award published on Oregon Buys. Identification of the apparent successful Proposer is procedural only and creates no right of the named Proposer to award of the contract. Competing Proposers shall be given seven (7) calendar days from the date on the Notice of Intent to Award to review the file at the Procurement Division office and file a written protest of award, pursuant to LCRB C-047-0740. Any award protest must be in writing and must be delivered by email, hand-delivery or mail to the address for the Procurement Division as listed in Section 1 of this RFP.

Only actual Proposers may protest if they believe they have been adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful. The basis of the written protest must be in accordance with ORS 279B.410 and shall specify the grounds upon which the protest is based. In order to be an adversely affected Proposer with a right to submit a written protest, a Proposer must be next in line for award, i.e. the protester must claim that all higher rated Proposers are ineligible for award because they are non-responsive or non-responsible.

County will consider any protests received and:

a. reject all protests and proceed with final evaluation of, and any allowed contract language negotiation with, the apparent successful Proposer and, pending the satisfactory outcome of this final evaluation and negotiation, enter into a contract with the named Proposer; OR

b. sustain a meritorious protest(s) and reject the apparent successful Proposer as nonresponsive, if such Proposer is unable to demonstrate that its Proposal complied with all material requirements of the solicitation and Oregon public procurement law; thereafter, County may name a new apparent successful Proposer; OR

c. reject all Proposals and cancel the procurement.

Acceptance of Contractual Requirements: Failure of the selected Proposer to execute a contract and deliver required insurance certificates within ten (10) calendar days after notification of an award may result in cancellation of the award. This time period may be extended at the option of County.

Public Records: Proposals are deemed confidential until the “Notice of Intent to Award” letter is issued.

This RFP and one copy of each original Proposal received in response to it, together with copies of all documents pertaining to the award of a contract, will be kept and made a part of a file or record which will be open to public inspection. If a Proposal contains any information that is considered a TRADE SECRET under ORS 192.345(2), SUCH INFORMATION MUST BE LISTED ON A SEPARATE

SHEET CAPABLE OF SEPARATION FROM THE REMAINING PROPOSAL AND MUST BE

CLEARLY MARKED WITH THE FOLLOWING LEGEND:

“This information constitutes a trade secret under ORS 192.345(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.”

The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only “unless the public interest requires disclosure in the particular instance” (ORS 192.345). Therefore, non-disclosure of documents, or any portion of a document submitted as part of a Proposal, may depend upon official or judicial determinations made pursuant to the Public Records Law.

Investigation of References: County reserves the right to investigate all references in addition to those supplied references and investigate past performance of any Proposer with respect to its successful performance of similar services, its compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, its lawful payment of subcontractors and workers, and any other factor relevant to this RFP. County may postpone the award or the execution of the contract after the announcement of the apparent successful Proposer in order to complete its investigation.

RFP Proposal Preparation Costs and Other Costs: Proposer costs of developing the Proposal, cost of attendance at an interview (if requested by County), or any other costs are entirely the responsibility of the Proposer, and will not be reimbursed in any manner by County.

Clarification and Clarity: County reserves the right to seek clarification of each Proposal, or to make an award without further discussion of Proposals received. Therefore, it is important that each Proposal be submitted initially in the most complete, clear, and favorable manner possible.

Right to Reject Proposals: County reserves the right to reject any or all Proposals or to withdraw any item from the award, if such rejection or withdrawal would be in the public interest, as determined by County.

Cancellation: County reserves the right to cancel or postpone this RFP at any time or to award no contract.

Proposal Terms: All Proposals, including any price quotations, will be valid and firm through a period of one hundred and eighty (180) calendar days following the Closing date. County may require an extension of this firm offer period. Proposers will be required to agree to the longer time frame in order to be further considered in the procurement process.

Oral Presentations: At County’s sole option, Proposers may be required to give an oral presentation of their Proposals to County, a process which would provide an opportunity for the Proposer to clarify or elaborate on the Proposal but will in no material way change Proposer’s original Proposal. If the evaluating committee requests presentations, the Procurement Division will schedule the time and location for said presentation. Any costs of participating in such presentations will be borne solely by Proposer and will not be reimbursed by County. Note: Oral presentations are at the discretion of the evaluating committee and may not be conducted; therefore, written Proposals should be complete.

Usage: It is the intention of County to utilize the services of the successful Proposer(s) to provide services as outlined in the below Scope of Work.

Review for Responsiveness: Upon receipt of all Proposals, the Procurement Division or designee will determine the responsiveness of all Proposals before submitting them to the evaluation committee. If a

Proposal is incomplete or non-responsive in significant part or in whole, it will be rejected and will not be submitted to the evaluation committee. County reserves the right to determine if an inadvertent error is solely clerical or is a minor informality which may be waived, and then to determine if an error is grounds for disqualifying a Proposal. The Proposer’s contact person identified on the Proposal will be notified, identifying the reason(s) the Proposal is non-responsive. One copy of the Proposal will be archived and all others discarded.

RFP Incorporated into Contract: This RFP will become part of the Contract between County and the selected contractor(s). The contractor(s) will be bound to perform according to the terms of this RFP, their Proposal(s), and the terms of the Sample Contract.

Communication Blackout Period: Except as called for in this RFP, Proposers may not communicate with County or other public employees or representatives about the RFP during the procurement process until the apparent successful Proposer is selected, and all protests, if any, have been resolved.

Communication in violation of this restriction will result in rejection of a Proposer.

Prohibition on Commissions and Subcontractors: County will contract directly with persons/entities capable of performing the requirements of this RFP. Contractors must be represented directly.

Participation by brokers or commissioned agents will not be allowed during the Proposal process.

Contractor shall not use subcontractors to perform the Work unless specifically pre-authorized in writing to do so by the County. Contractor represents that any employees assigned to perform the Work, and any authorized subcontractors performing the Work, are fully qualified to perform the tasks assigned to them, and shall perform the Work in a competent and professional manner. Contractor shall not be permitted to add on any fee or charge for subcontractor Work. Contractor shall provide, if requested, any documents relating to subcontractor’s qualifications to perform required Work.

Ownership of Proposals: All Proposals in response to this RFP are the sole property of County, and subject to the provisions of ORS 192.410-192.505 (Public Records Act).

Clerical Errors in Awards: County reserves the right to correct inaccurate awards resulting from its clerical errors.

Rejection of Qualified Proposals: Proposals may be rejected in whole or in part if they attempt to limit or modify any of the terms, conditions, or specifications of the RFP or the Sample Contract.

Collusion: By responding, the Proposer states that the Proposal is not made in connection with any competing Proposer submitting a separate response to the RFP, and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of County has a pecuniary interest in this Proposal.

Evaluation Committee: Proposals will be evaluated by a committee consisting of representatives from County and potentially external representatives. County reserves the right to modify the Evaluation Committee make-up in its sole discretion.

Commencement of Work: The contractor shall commence no work until all insurance requirements have been met, the Protest of Awards deadline has been passed, any protest have been decided, a contract has been fully executed, and a Notice to Proceed has been issued by County.

Best and Final Offer: County may request best and final offers from those Proposers determined by County to be reasonably viable for contract award. However, County reserves the right to award a contract on the basis of initial Proposal received. Therefore, each Proposal should contain the Proposer’s best terms from a price and technical standpoint. Following evaluation of the best and final offers, County may select for final contract negotiations/execution the offers that are most advantageous to County, considering cost and the evaluation criteria in this RFP.

Nondiscrimination: The successful Proposer agrees that, in performing the work called for by this RFP and in securing and supplying materials, contractor will not discriminate against any person on the basis of race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law.

15 REQUEST FOR PROPOSALS

Section 5. Proposal Submission Requirements

5.1 Submittal Place and Deadline

The Owner will receive Proposals per specifications until 2:00 PM, local time December 3, 2026 (“Closing”), to provide Progressive Design Build Services for the Sandy River Force Main River Crossing Project. No Proposals will be received or considered after that time. RFP Documents can be downloaded from the state of Oregon procurement website (“OregonBuys”) at the following address https://oregonbuys.gov/bso/view/login/login.xhtml, Document No. S-C01010-00018309.

Prospective Proposers will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Proposers are responsible for obtaining any Addenda, clarifying questions, and Notices of Award from Oregon Buys.

Prospective Proposers are to provide one printed and bound copy of the proposal and all appendices as well as a thumb drive containing a .pdf version of the proposal in a sealed envelope delivered to Clackamas County Procurement Services at 2051 Kaen Road, Oregon City, OR 97045, Attention Tralee Whitley.

Contact Information All Questions: Tralee Whitley, TWhitley@clackamas.us

Each Proposer assumes full responsibility for timely delivery of its Proposal at the required location.

Any Proposal received after the submittal deadline will be deemed non-responsive and returned.

5.2 Submission Format

The Proposal must not exceed 25 total pages (most or all 8½ x 11 inch with 1-inch or greater margins), excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, and appendices. One page is considered to be one printed side of a page. A maximum of 6 of the total pages may be 11 x 17-inch tri-fold format. Each 11x17 sheet will county as one page in the page count. Eleven-point font or larger must be used in text sections of Proposal Parts 1 – 7 and Nine-point font may be used in figures and tables. Appendices should be provided as indicated in Section 5.3.8.

https://oregonbuys.gov/bso/view/login/login.xhtml mailto:TWhitley@clackamas.us

5.3 Submission Content

The content requirements set forth in this RFP represent the minimum content requirements for the Proposal. It is the Proposer’s responsibility to include information in its Proposal to present all relevant qualifications and other materials. The Proposal, however, should not contain standard marketing or other general materials. It is the Respondent’s responsibility to modify such materials so that only directly relevant information is included in the Proposal.

The Proposal must include the following information in the order listed:

• Part 1 – Transmittal Letter

• Part 2 – Design-Builder Profile

• Part 3 – Project Team

• Part 4 – Experience

• Part 5 – Project Understanding and Approach

• Part 6 – Basis of Fee and Rate Proposal

• Appendices:

o Appendix A – Forms for Affirmation of Compliance o Appendix B – Resumes and Project Experience Forms o Appendix C – Supporting Documentation o Appendix D – Progressive Design-Build Contract Comments o Appendix E – Phase 1 Scope along with Fee and Rate Proposal

5.3.1 Transmittal Letter

Proposers must submit a transmittal letter (maximum two pages and is not included in the page count.) on the Proposer’s letterhead. It must be signed by a representative of the Proposer who is authorized to sign such material and to commit the Proposer to the obligations contained in the Proposal. If the Proposer is a partnership, the Transmittal Letter shall be signed by one or more of the general partners. If the Proposer is a corporation or LLC, an authorized officer shall sign their name and indicate their title beneath the full corporate or LLC name. If the Proposer is a joint venture, each firm in the joint venture shall sign the Transmittal Letter. The transmittal letter must include the name, address, phone number and e-mail address for the Proposer Contact and must specify who would be the Design-Builder’s signatory to any contract documents executed with the Owner. The transmittal letter may include other information deemed relevant by the Proposer.

The transmittal letter must refer to Proposal Appendix A (Forms for Affirmation of Compliance), based on the forms in RFP Attachment D (Forms for Affirmation of Compliance).

5.3.2 Design-Builder Profile

A detailed and complete description of the company proposed as the Design-Builder must be provided in Part 2 of the Proposal. (The term “company” can refer to either a single entity, partnership, or a joint venture.)

Information concerning Key Personnel and other firms that may be included on the Project Team, such as subconsultants and subcontractors, should be provided in Part 3 of the Proposal. The Design-Builder Profile must include the following information.

• General Provide general information about the Design-Builder, such as lines of business and service offerings, locations of home and other offices, number of employees (professional and non-professional), years in business, and evidence of required licenses. Provide evidence that you have or can obtain the necessary licenses to perform this work in Oregon in Appendix C (Supporting Documentation) of the Proposal.

• Legal structure Identify whether the Design-Builder is organized as a corporation, limited liability company (LLC), general partnership, joint venture, limited partnership, or other form of legal entity.

Describe the bonding approach that will be used and the members of the organizations who will have joint and several liability for the performance of the work required for the Project.

Specifically identify the members who will undertake financial responsibility for the Project and describe any liability limitations.

• Project office location Identify where the Design-Builder intends to maintain its project office(s) and where the majority of the design work will be performed.

• Financial condition In Proposal Appendix C, provide audited financial statements for the Design-Builder for the past three years and quarterly financial statements certified by the chief financial officer for 2021. If the Design-Builder is a joint venture, LLC or partnership, it must provide such financial statements for each partner or member.

• Payment and performance bonds In Proposal Appendix C, provide a letter from the Design-Builder's surety to verify the availability of a design-build bond of at least $3 million for this Project. The surety must be authorized by law to do business in the State of Oregon and must have an A.M. Best Company Rating of A minus or better. The surety must also be listed in the U.S. Department of Treasury’s

Circular 570.

• Insurance In Proposal Appendix C, provide a letter or Certificate of Insurance from the Design-Builder’s insurance company stating its ability to acquire and provide the minimum limits for the required insurance as identified in the Article 6 of the General and Supplemental Conditions.

The Proposal must provide the following additional information pertaining to factors or events that have the potential to adversely impact the Design-Builder’s ability to perform its contractual commitments.

• Material adverse changes in financial position. Describe any material historical, existing or anticipated changes in financial position, including mergers, acquisitions, takeovers, joint ventures, bankruptcies, divestitures, or any material changes in the mode of conducting business.

• Legal proceedings and judgments. List and briefly describe any material pending or past (within five years) legal proceedings and judgments, or any contingent liability that could adversely affect the financial position or ability to perform contractual commitments to Owner.

If no such proceedings or judgments are listed, provide a sworn statement to that effect from the general counsel.

• Completion of contracts. Has the Design-Builder failed to complete any contract, or has any contract been terminated due to alleged poor performance or default within the past five years?

• Liquidated damages/Complete Project on Schedule. Has the Design Builder, or any of its subsidiaries, component entities (i.e. entities who entered into an agreement to form Design Builder as a separate entity), or affiliate entities, been required to pay any liquidated damages exceeding $10,000 on any project, public or private, in the last 5-years?

• Violation of laws. Has the Design-Builder been convicted of any criminal conduct or been found in violation of any federal, state, or local statute, regulation, or court order concerning antitrust, public contracting, employment discrimination or prevailing wages within the past five years? If so, describe the circumstances.

• Debarred from bidding. Has the Design-Builder been debarred within the past five years, or is it under consideration for debarment, from bidding on public contracts by the federal government or by any state? If so, describe the circumstances.

• Safety. Provide a summary description of the Design-Builder’s corporate safety program and include safety statistics or records indicating categories of accidents and their incidence or frequency rates for the past five years. The following safety records must be provided for the

Design-Builder for the current and past three years:

o The Experience Modification Rate (EMR) calculated by the National Council on

Compensation Insurance or similar rating bureau. The EMR is calculated by comparing a company's actual workers’ compensation loss data against average loss data for other employers in the same state who share the same industry classification code. (The EMR is also referred to as the experience modification rating, experience modification factor, experience modifier or X-mod.)

o The days-away-from-work injury incidence rate for the past three years. A day-away-from-work injury is an injury that prevents an employee from returning to his or her next regularly scheduled shift. The incidence rate is calculated by multiplying the number of days-away-from-work injuries for the particular year by 200,000 and then dividing the product by the person-hours worked for that year.

If any of the above questions is answered in a manner that indicates that any of these unfavorable factors or events are present, it is the Respondent’s responsibility to: (1) describe in detail the unfavorable factor or event; and (2) provide sufficient information to demonstrate that the unfavorable factor or event will not adversely impact the Design-Builder’s ability to perform its contractual commitments. Include these responses in Appendix C of the Proposal. Failure to include any of the above requested information may result in the Proposal being deemed non-responsive.

The Proposer must notify the Owner of any changes to the above subsequent to submission of the Proposal and before the selection process is completed (and, in the case of the selected Proposer, before execution of the Design-Build Contract).

5.3.3 Project Team

Describe the composition, organization and management of the Project Team. Provide sufficient information to enable the Selection Committee to understand and evaluate its organizational structure.

At a minimum, each Proposer shall respond to the following requirements:

Design-Builder/Other Firms:

• Identify any other firms (such as subcontractors and subconsultants) included on the Project Team along with the Design-Builder and describe the scope of the Design-Builder’s and each firm’s services and responsibilities throughout the Project. Clearly identify the firm(s) serving as the Designer and the Builder.

• Describe the Design-Builder’s approach to the management of subcontractors and subconsultants.

Key Personnel

• Identify all Key Personnel, including but not limited to the Project Manager, Design Manager, Design Discipline Leads, Construction Manager, Safety Manager, and Site Superintendent for the Project. Provide the names, phone numbers, e-mail addresses, office locations and firm affiliations of all such members on the Project Team and describe their specific responsibilities throughout both phases of the Project.

• Identify the Project Manager – and describe what tools and process your PM will use to ensure the following:

— The design build team including subs are coordinated and working together to accomplish the project

— Ensure project completion on schedule and within budget,

— Provide resources as required to execute the project,

— Facilitate workshops with District staff to drive decision making

— Minimize errors and omissions in deliverables

— Provide deliverables that are coordinated between all subs, well-written, concise, technically accurate and convey information in a manner that can be understood by stakeholders.

• Indicate the commitment of all Key Personnel to their designated responsibilities on the Project in terms of an estimated percentage of a 40-hour work week during Phase 1 and Phase 2 of the Project.

• Identify the name, address, and phone number of each principal officer, member, or partner of the Proposer.

• Provide the biography for each of the Key Personnel to include a summary of the experience related to the Project and to the individual’s role in the Project.

• Provide resumes for all Key Personnel in Proposal Appendix B. Limit resumes to two pages per individual and include:

—Academic and professional qualifications —Professional registration (as applicable) —Experience as it relates to the Project and to the individual’s specified role on the Project (Resumes should identify the individual’s role on projects presented in the resume.)

• The District expects Key Personnel to remain with the Proposer for the duration of the Design- Build Contract. If extraordinary circumstances require a proposed change, it must be submitted in writing to the District, and the District will determine whether or not to approve a change.

• References. Provide three project references for each of the Proposer’s Project Manager, Design Manager, and Construction Manager within the last 5 years.

Organization Chart

• Provide 2 organization charts, one for Phase 1 and one for Phase 2, showing lines of authority identifying the participants who are responsible for major functions to be performed and their reporting relationships in managing, designing, and constructing the Project.

• The charts should identify all key personnel with their roles and responsibilities.

• The charts should include all design and construction subconsultants. Proposer must identify such entities by name in the organizational chart.

• The Owner expects all entities named in the chart to remain with the Proposer for the duration of the Design-Build Contract. If extraordinary circumstances require a proposed change, it must be submitted in writing to the District, and the District will determine whether or not to approve a change.

5.3.4 Experience

The Owner is interested in the Proposer’s ability and experience relevant to delivery of the Project by the Progressive Design-Build approach.

Area of Expertise of Team Entities Proposer must provide the areas of expertise, length of time in business and number of employees for lead designer, general construction contractor, and all subconsultants and subcontractors identified in the Proposer Organization Chart. Other information may be provided by the Proposer as deemed to be helpful in characterizing team entities.

Team Experience Proposer must describe its experience with the design and construction of projects similar to this Project, the history of members working together (both firms and personnel), and prior progressive design-build or other alternative project delivery experience. Submit the following information for projects completed or undertaken by the Proposer Team:

• Projects of similar complexity, size or construction cost.

• Projects using alternative project delivery, especially progressive design-build.

• Identify if projects were in the Pacific Northwest or elsewhere in the United States.

• Key Personnel involvement in each project, including their specific roles and responsibilities on the project.

The Proposer shall submit descriptions of these projects in Appendix B using the form provided in Attachment F to demonstrate relevant experience:

• Up to six projects and a minimum of three similar projects from Design-Build Team preferably projects where proposed team has worked together.

• Each listed project must have been completed within the last ten years or shall achieve substantial completion within six months when the proposal is submitted.

• At least one of the project descriptions must demonstrate a prior design-build relationship between the primary designer and construction contractor working together and define their contractual relationship.

In addition, provide a summary matrix/table to cross-reference the Project Team (firms and Key Personnel) with participation/roles in the reference projects.

Federal Funding Experience

Describe the Design-Builder's experience delivering projects funded in whole or in part by federal grants, loans, or assistance programs within the last ten (10) years.

At a minimum, include:

• Project name and owner.

• Federal funding source(s) utilized.

• Design-Builder's role on the project.

• Applicable federal requirements administered on the project (e.g., Davis-Bacon, Build America

Buy America, American Iron and Steel, DBE requirements, federal reporting, grant compliance, environmental permitting, etc.).

• Description of the Design-Builder's approach to managing federal compliance requirements.

• Identification of personnel responsible for compliance administration.

The Owner encourages inclusion of projects involving wastewater, water, utility, pipeline, force main, or trenchless construction projects.

5.3.5 Project Understanding and Approach

Project Understanding Proposer should demonstrate its knowledge of the Project requirements and needs. Identify and describe how the Proposer would define and approach key Project challenges. For the Project approach, define the roles of the contractor during the design and the roles for the designer during construction.

• Define key issues and challenges in both the design and construction of the Project.

• Describe how to mitigate potential negative impacts (i.e., risk mitigation strategy) of each key issue and any unique approaches or strengths the Proposer may have relative to the issues and challenges.

• Discuss innovative or alternative ideas and approaches to completing the design and construction of the Project. Provide examples of where suggested innovative or alternative approaches have been successfully implemented by the Proposer.

Progressive Design-Build Approach:

Proposer should submit a description of the Proposer’s concepts for managing and performing its services during Phase 1 and Phase 2 of the Project. Describe how the Proposer would be structured to best manage its activities and satisfy the needs of the Project. The following items should be addressed:

• Discuss how a collaborative relationship with the Owner would be established during Phase 1 design development, scheduling and cost estimating.