REQUEST FOR PROPOSALS

QUALIFICATIONS BASED SELECTION

Professional Engineering Services

PROJECT # 2018-20

ITB PREPARATION SUPPORT AND PROJECT MANAGEMENT OF A 7 MILLION

GALLON A DAY WATER TREATMENT PLANT

Work under this contract is funded from multiple sources including the federal Safe Drinking Water Revolving Loan Funds (through Business Oregon), the Water Infrastructure Finance and Innovation Act and a partnership of Local and/or Private Funds.

PROJECT NO: 2018-20

PROJECT TYPE: Professional Engineering Services

PROPOSALS DUE:

February 12 , 2026, Not later than 2:00

PM PST

SUBMIT PROPOSALS TO:

City of Ashland Public Works-Engineering, at 51 Winburn Way, Ashland, OR 97520;

or by mail to: 20 E. Main St., Ashland, OR 97520

CITY PROJECT MANAGER: Scott Fleury, Public Works Director PROJECT DURATION: Phase 1: 6 months

Phase 2: 36 months

PUBLIC WORKS ENGINEERING

20 E. MAIN STREET

ASHLAND OR 97520

541/488-5587

TABLE OF CONTENTS

TABLE OF CONTENTS

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PROJECT OVERVIEW

1.1 OBJECTIVES

1.2 BACKGROUND INFORMATION

SCHEDULE

SCOPE OF SERVICES

3.1 GENERAL REQUIREMENTS

3.2 SPECIFIC REQUIREMENTS

Consultant Duties Phase 1: ITB Preparation Support Consultant Duties Phase 2: Project Management

EVALUATION CRITERIA

4.1 WORK APPROACH

4.2 WORK EXPERIENCE

4.3 WORK TEAM EXPERIENCE

4.4 PROPOSER’S DEMONSTRATED ABILITY TO SUCCESSFULLY COMPLETE SIMILAR PROJECTS ON TIME AND WITHIN BUDGET

4.5 TERMINATION FOR DEFAULT

4.1 SCORING

EVALUATION PROCESS AND CONSULTANT SELECTION

5.1 REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS

5.2 RIGHT OF REJECTION

5.3 REFERENCES

5.4 RESPONSIBILITY

5.5 CLARIFICATION OF RESPONSE

5.6 INTERVIEWS

5.7 FINALIST SELECTION

5.8 TIES AMONG PROPOSERS

5.9 NOTICE OF INTENT TO AWARD

5.10 CONTRACT NEGOTIATION

5.11 PROTEST PROCEDURES

5.12 RESULTING CONTRACT

5.13 RFP CANCELLATION

CONTRACT

6.1 CONTRACT FORM

6.2 BUSINESS LICENSE REQUIRED

6.3 INSURANCE REQUIREMENTS

6.4 LAWS AND REGULATIONS

INSTRUCTION TO PROPOSERS

7.1 GENERAL

7.2 INFORMATION OF RECORD

7.3 PROPOSAL PREPARATION AND FORMAT

7.4 SIGNATURE ON PROPOSAL

7.5 PREPARATION COSTS

7.6 CONFORMANCE TO SOLICITATION REQUIREMENTS

7.7 NOT USED

7.8 DEFINITIONS

7.9 QUESTIONS AND CLARIFICATIONS

7.10 PROTEST OF REQUIREMENTS

7.11 PROTEST OF CONTRACT AWARD

7.12 PROPOSAL MODIFICATION

7.13 PROPOSAL WITHDRAWALS

7.14 PROPRIETARY INFORMATION

7.15 TERMS AND CONDITIONS

7.16 PROPOSAL OPENING

PROPOSAL FORM

CONTRACT FORM INCLUDING CONTRACTOR CERTIFICATION, COA LIVING WAGE AND W-9

PAGE INTENTIALLY LEFT BLANK

INFRASTRUCTURE FINANCE AUTHORITY CLAUSES

CITY OF ASHLAND

DEPARTMENT OF PUBLIC WORKS

QUALIFICATIONS BASED SELECTION - REQUEST FOR PROPOSALS

PROJECT NO. 2018-20

ITB PREPARATION SUPPORT AND PROJECT MANAGEMENT OF A 7 MILLION GALLON A DAY WATER

TREATMENT PLANT

PROJECT OVERVIEW

1.1 Objectives

The City of Ashland (City) is seeking qualifications-based proposals from professional engineering consultants for all engineering services required for Project 2018-20, ITB PREPARATION SUPPORT AND PROJECT MANAGEMENT OF A 7 MILLION GALLON A DAY WATER TREATMENT PLANT. The work includes a review of all drawings and specifications to be included in the Invitation to Bid (ITB) for the construction of the plant as well as leading and participating in a Constructability Review. The results of the drawing, specification and Constructability reviews will be incorporated into the ITB. The work also includes any other engineering and consulting support needed to prepare a thorough and complete ITB (Phase 1). This also includes, as Phase 2, Project Management support to lead the Construction and Commissioning of the Water Treatment Plant following construction contract ITB award. The goal of the work is the preparation of a clear, consistent, fit for purpose, constructable bid package followed by effective project management to implement the ITB scope efficiently, maintaining schedule and minimizing contract changes. This project will provide water for the Citizens of Ashland for the next 30-50+ years.

It is intended that each phase of this work will be negotiated and awarded under separate personal services contracts.

The work will include but is not specifically limited to the following tasks and phases:

PHASE 1: ITB Preparation Support

PHASE 2: Project Management

1.2 Background Information

The City owns and operates the water supply system to meet the water needs of the residents, businesses, institutions, and industries within the City limits. The City limits currently include 4,209 acres, with an Urban Growth Boundary of 4,733 acres. The water system extends to the northwest to Ashland Mine Road and to the southeast to properties along Highway 66. The system is bounded to the west by the topography of the Siskiyou Mountain Range, and to the east generally by the Interstate 5 (I-

5) corridor.

The City’s primary source of raw water comes from the Ashland Creek watershed. In 1928, the City constructed Hosler Dam at the confluence of the West and East Forks of Ashland Creek. Reeder Reservoir, the resulting impoundment, provides 280 million gallons (MG) of storage for the City’s water supply. Water from the reservoir is conveyed to the City’s Water Treatment Plant (WTP) located along Ashland Creek, approximately one mile below Reeder Reservoir. The City also has an agreement with the Talent Irrigation District (TID) to provide additional raw water supply in the drought years. When needed, TID water is pumped from the Ashland Canal by the City’s Terrace Street Pump Station up to the WTP, where it is treated with the Ashland Creek supply.

The recent completion of the Talent, Ashland, Phoenix (TAP) intertie has also allowed the City to supplement its finished water supply, in drought years, with water purchased from the Medford Water Commission.

The Ashland water system comprises Reeder Reservoir, the WTP, four reservoirs that provide 7.1 MG of storage (Crowson, Granite, Fallon and Alsing), four pump stations (PS) (Hillview, South Mountain, Park Estates, and Strawberry), 32 pressure-reducing valve (PRV) stations, and over 126 miles of distribution piping. The current WTP has a capacity of approximately 7.5 MGD. The treatment process currently consists of flocculation, filtration, and disinfection. The location of the WTP places the facility at risk of flooding, fire and landslides. High flows in Ashland Creek during the 1997 flood caused much damage to the WTP, disrupting the City’s water supply.

The WTP was also damaged in the floods of 1963 and 1974. Because of its remote location within the steep walls of Ashland Creek Canyon, it is impossible to completely protect the plant from periodic flooding, landslides and wildfires. The age of construction of the plant also makes it extremely difficult to seismically retrofit and protect against the Cascadia event. The City has competed a WTP sitting study for a new plant and has approved a location that is less susceptible to flooding and with improved all season access. The new WTP is proposed to be constructed in two phases with the ability to expand from the initial phase of 7 MGD to 9 MGD in the future (10-20 years). The preliminary engineering and final design should represent the facility outcome for future growth. The exact need and location for a clear well/reservoir will also need to be determined in association with the treatment alternatives.

The proposed WTP and Reservoir have been addressed in several City funded engineering studies including, all of which will be made available to selected consultant firm, some are available currently on the City’s website:

• 2012 Comprehensive Water Master Plan

• 2006 Water Supply System Master Plan Update, Tech. Memos 1-4

• 2006 Crowson II and Ashland Loop Road Reservoir Siting Study

• 2017 Sitting Study Technical Memorandum

• 2017 Water Quality Analysis and Treatment Process Selection

• 2017 Talent Irrigation District (TID) Pipeline Repurposing Evaluation

• 2017 TID Water Quality Analysis

• 2017 Membrane Pilot Plant Analysis

• 2018 Summary Report Direct Filtration Membrane Pilot Study

The engineering for the plant has been performed by HDR who is also proposed to provide construction services following construction ITB award.

SCHEDULE

The schedule of events listed below represents City’s estimated schedule for this request for proposal.

This schedule is SUBECT TO CHANGE and will be adjusted as required.

1 Request for Proposal Released 0 01/14/26

2 Last Date for Request for changes/Protest for Specifications/Questions

10 days prior to Proposal Closing 02/02/26

3 Last Date for City to Post Addendum 3 days prior to Proposal Closing 02/09/26

4 Closing Date (last day to submit Proposals) 28 days after Proposal Release 02/12/26

5 Responses Evaluated 11 days after Closing Date 02/23/26

6 Interviews Held (if necessary) 20 days after Closing Date 03/04/26

7 Intent to Award Announced 28 days after Closing Date 03/12/26

8 Contract Negotiations 35 days after Closing Date 03/19/26

9 Expected Project Completion for Phase 1 6 months after Contract Award 07/17/26

10 Expected Project Completion for Phase 2-4 36 months after WTP ITB released 6/30/29

SCOPE OF SERVICES

3.1 General Requirements

• Personnel, Materials, & Equipment: The Consultant shall provide qualified and competent personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish the work. All materials and supplies shall be of good quality and suitable for the assigned work.

• Safety Equipment: The Consultant shall provide and use all safety equipment including, and not limited to hard hats, safety vests and clothing required by State, Federal regulations and Department policies and procedures.

• Professional Responsibilities: The Consultant shall perform the work using the standards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable codes and standards.

• Project Management: The Consultant and the City staff will meet as required during project duration. The objectives of the meeting will include reviewing the scope, budget, schedule and deliverables. The Consultant will organize and manage the consultant project team and coordinate with city project manager and City staff.

• Monthly Invoices and Progress Reports: The Consultant shall prepare monthly invoices and progress reports including the following:

- Work Completed during the month by work task as a percentage of completion.

- Needs for Additional Information, Reviews, or Changes to the Scope of Work.

- Scope, Schedule, and Budget Issues and Changes.

3.2 Specific Requirements

The City of Ashland (City) is seeking qualifications based proposals from professional engineering consultants for all engineering services required for Project 2018-20, ITB PREPARATION SUPPORT AND PROJECT MANAGEMENT OF A 7 MILLION GALLON A DAY WATER TREATMENT PLANT. This includes a review of all drawings and specifications to be included in the Invitation to Bid (ITB) for the construction of the plant, leading and participating in a Constructability Review the results of which will be incorporated into the ITB and other engineering and consulting support as needed to prepare a thorough and complete ITB (Phase 1). This also includes follow-on Project Management support to lead the Construction and Commissioning of the Water Treatment Plant following construction contract ITB award. The goal of the work is the preparation of a clear, consistent, fit for purpose, constructable bid package followed by effective project management to implement the ITB scope efficiently, maintaining schedule and minimizing contract changes. This project will provide water for the Citizens of Ashland for the next 30-50+ years.

The work will include but is not specifically limited to the following tasks and phases:

PHASE 1: ITB Preparation Support – Including a review of the specifications and drawings planned for the ITB to ensure they are clear and consistent, that the requirements are fit for purpose and not “gold plated” and that the design can be built efficiently. This Phase will include leading and participating in a Constructability Review which will yield a list of recommended modifications and additions to the ITB. This phase will also include a review of all reports and studies included within the ITB to ensure that all requirements they contain have been incorporated into the drawings or specifications.

Consultant should also expect to provide recommendations on bid pay item structure.

The ITB currently runs to approximately 2000 pages and 400 drawings.

PHASE 2: Project Management – Manage the construction and commissioning of the project as the City’s representative. It is expected that the project manager will have to dedicate the equivalent of a full time position’s hours to management of the project and will be responsible for tasks which include but are not limited to: Change oversight, schedule oversight, document control oversight, cost tracking, funding agency reporting, disbursement request preparation, contract management, construction site team management, contract change documentation and preparation (for City approval), preparation of public relations material on project progress and impact as well as progress reporting (to include schedule and cost) to City Management.

Consultant Duties Phase 1: ITB Preparation Support The preliminary phase will include Preparation Support of the ITB for the construction of a 7 MGD water treatment plant and will include the following specific tasks:

1. Review all project specifications proposed for inclusion in the ITB. Confirm language is consistent throughout, duplication is minimized and conflict between sections is eliminated.

2. Review all project drawings proposed for inclusion in the ITB. Confirm scope of work is clearly conveyed and covers all aspects of the proposed work. Confirm there are no conflicts and no extraneous scope.

3. Review all studies and previously prepared reports. Confirm all work scopes and work direction are included within the drawings and specifications.

4. Review and compare drawings and specifications, identify and resolve any conflicting or duplicative language or work direction.

5. Review drawings and specifications and identify scope, techniques or equipment which may exceed base requirements and could be modified to reduce cost with minimal to no impact to plant functionality.

6. Facilitate and participate in a Constructability Review (two day) at City provided facility. This exercise should include:

a. Necessary experienced personnel to provide insight on potential issues and opportunities (assume 3 people from consultant),

b. A review of the ITB work scope,

c. A review of a proposed work sequence broken down into discussion topics,

d. Detailed discussion of each work sequence topic to identify potential issues and opportunities,

e. A final list of recommended changes or additions to the proposed ITB to address identified concerns or to optimize cost or schedule.

7. Review ITB proposed bid schedule, provide advice on break down (number of items and structure) and use of different pay techniques (lump sum, unit rate).

Consultant Duties Phase 2: Project Management Following the completion of the ITB and bid cycle, provide a Project Manager to act as City’s lead to oversee the project execution.

Project Management shall include, but is not limited to, the following tasks:

1. Project Manager shall coordinate development of a project management plan with the Engineer of Record and contractor that outlines roles/responsibilities/approvals and communication process.

2. Review and recommendations to City on Contractors proposed pay schedule .

3. Establish full time presence at work site.

4. Act as focal point between Contractor, Engineer (including proposed engineer provided site team composed of two inspectors) and City.

5. Direct proposed Engineer provided construction site team.

6. Participate in weekly and daily meetings as City’s project representative.

7. Review contractors schedule, summarize and report progress to City.

8. Review contractors pay requests and engineers subsequent review, summarize pay request , confirm Project Managers review and acceptance of pay request and send to City for final approval and payment.

9. Prepare drafts funding agency reports as stipulated in funding agreement and send to City.

10. Prepare draft disbursement requests for City to review and submit to funding agencies

11. Manage and track all proposed project changes:

a. Keep a running summary of all proposed and approved contract changes.

b. Summarize and track cost trends (approved and pending) and report progress to

City.

12. Review proposed changes (cost, schedule, contract) and make recommendations to City on how to proceed. Prepare subsequent documentation for City review and approval.

13. Monitor document control system. Work with contractor and engineer to ensure responses are timely and clear.

14. Provide weekly public relations progress updates.

15. Monitor and confirm Contractors compliance with all permit conditions .

16. Monitor and confirm Contractors compliance with Contract (to include drawings and specifications).

17. Provide regular project updates to City (assume weekly, but as needed).

EVALUATION CRITERIA

Written proposals will be evaluated and scored and a contract may be awarded based upon the proposer’s qualifications and experience as described below:

4.1 Work Approach

(30 Points Possible)

Provide a description of your firm’s approach to lead the Constructability Review and review of the specifications, drawings and other portions of the ITB. Describe how the review of the specifications and drawings is independent of their development.

Provide a timeline for completing the Constructability Review and ITB reviews, assuming a two-day constructability review meeting.

Provide a description of your firms approach to providing an experienced project manager for a public project in a role as outlined in this document. This description should also include a project management plan* containing, but not limited to:

1) A proposed organizational chart including the Engineers team (site inspection team and home office submittal/RFI review team), the City and fully describing how the project manager role will be staffed (one person, two people, team coverage).

2) A communication plan clearly stating how the project manager will communicate with the City and the Engineer and what reviews and approvals the Project Manager will be responsible for.

*Submitted as Appendix A. Should be two pages or less and will not count against page limit.

4.2 Work Experience

(20 Points Possible)

a. Describe how your firm is organized and how its resources will be utilized to complete the work.

b. Provide a summary of relevant design and construction experience.

c. Provide a concise description of at least three projects in the last 10 years, involving similar work to that listed in the scope of work.

d. Indicate which members of the proposed project team, if any, who worked on the example projects, and will be involved along with their involvement. These team members should be included in the Key Persons list submitted in 4.3(b) below.

e. Submit references for three of the projects described above. Include the Owners name, organization name, contact name, contact email and phone.

4.3 Work Team Experience

(30 Points Possible)

a. Provide a description of the proposed organizational structure to be used for the work.

b. Provide a list of the key staff proposed for this project (“Key Person(s)”), a concise summary of their role, and a description of their relevant experience for this project.

c. Submit resumes (no more than five resumes should be submitted*) that support each Key Person’s relevant experience.

d. Indicate which individual will manage the work for the consultant and be the primary contact.

Indicate the specific experience this individual has managing projects similar to the proposed water treatment plant.

e. Indicate the individual who will be facilitating and leading the Constructability Review. Indicate the specific experience this individual has with similar reviews.

f. Indicate the individual(s) who act as project manager as outlined above. Note that this person can not be changed out for the duration of the project without City approval. Indicate the specific experience this individual has managing projects like the water treatment plant. A qualified person would have a four year engineering degree (civil, chemical, mechanical or electrical) from a US accredited university with a PE license desirable.

g. State the estimated proportion of each Key Person’s time that will be spent on City’s project vs.

total time spent on all Key Person’s projects during the term of contract.

*Submitted as Appendix B, will not count against page limit.

4.4 Proposer’s Demonstrated Ability to Successfully Complete Similar Projects on Time and Within Budget

(20 Points Possible) For each of the three (3) projects listed in response to 4.2(c), provide a discussion of whether the project was completed on time and on budget or needed to be revised. Briefly explain the reason for any revisions, and what attempts were made to bring the project back on schedule and within budget.

4.5 Termination for Default

(Pass or Fail) Proposers shall indicate if they have had a contract terminated for default in the last five years.

Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. City of Ashland will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of past performance.

4.1 Scoring

CATEGORY POSSIBLE POINTS POINTS SCORING

1. Work Approach 30

2. Work Experience 20

3. Work Team Experience 30

4. Demonstrated Ability to Successfully

Complete Projects on Time and Within Budget

5. Termination for Default P/F Total 100

EVALUATION PROCESS AND CONSULTANT SELECTION

Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least three City employees. The total number of points possible for written proposals is 100 and an additional 100 points may be scored through the interview process.

5.1 Review and Acknowledgment of Defective Proposals

Due to limited resources, City generally will not completely review or analyze proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will City generally investigate the references or qualifications of such proposals. Therefore, City will not acknowledge whether or not an unsuccessful proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and the Ashland Municipal Code.

Proposers are advised to strictly follow the process, procedures, and requirements as set forth in the RFP documents and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

5.2 Right of Rejection

Proposers must comply with all terms of this RFP, and all applicable local, state, and federal laws, administrative rules and regulations. The City may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of this RFP.

Proposers may not qualify the proposal nor restrict the rights of City. If a Proposer does so, the City may determine the proposal to be a non-responsive counter-offer, and the proposal may be rejected.

Minor informalities that may be waived include:

• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other offers,

• do not change the meaning or scope of the RFP,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision.

City reserves the right to refrain from making an award if the City determines that to be in its best interest.

A proposal from a debarred or suspended Proposer shall be rejected.

5.3 References

City reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent’s successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on a schedule, and lawful payment of employees and workers.

City reserves the right to check any and all sources for information and to include sources for information and to include sources other than the references provided in the Proposer’s proposal.

City may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents.

5.4 Responsibility

City reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer’s responsibility for performing the Contract.

Submission of a signed proposal shall constitute approval for City to obtain any information City deems necessary to conduct evaluation. City reserves the right to request additional information or documentation from the successful Proposer prior to award of contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in rescission of City’s Intent to Award.

City may postpone the award of Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

5.5 Clarification of Response

City reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. All request for clarification and responses shall be in writing.

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of the Proposer’s Proposal.

5.6 Interviews

The outcome of the proposal evaluations may result in placement on an interview (short-listed) with time and date of the interview. Should City elect to hold interviews, the total additional points possible for the interview will be 100.

City may invite up to three (3) of the highest-ranked firms (or at a natural break in scoring) to interview. The Firm’s Key Persons, as identified by City shall be prepared to attend the interview within five (5) business days of notification by City, and shall be prepared to answer questions provided with the Interview Invite letter, and questions that will be provided at the time of the interview, and discuss the Firm’s proposed project approach.

5.7 Finalist Selection

The proposer with the highest total score as a result of written proposal scoring and interview scoring, if conducted, will be considered the Finalist, and all other proposers will be ranked according to next highest score, etc.

5.8 Ties among Proposers

If City determines after the ranking of potential firms, that two or more of them are equally qualified to be the Finalist, City may select a candidate through any process that the City believes will result in the best value for taking into account the scope, complexity and nature of the Work.

The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of City and Proposers and shall protect the integrity of the public contracting process.

As part of the procedure for choosing the Finalist between two or more equally qualified candidates, City may elect to give a preference to a local consulting firm.

5.9 Notice of Intent to Award

After the completion of the evaluation and ranking, the City will issue a written Notice of Intent to Award, naming the Finalist, and send copies to all Proposers.

5.10 Contract Negotiation

City will begin negotiating the fees for the work, along with expanded scope of work detail, with the highest ranked Proposer and specifically, conduct direct negotiations toward obtaining written agreement on:

a) Contractor’s performance obligations and schedule; and any expansion of the Scope of Work.

b) Contractor’s fees, payment methodology, and a maximum amount payable to Contractor for the Work required under the Contract that is fair and reasonable to City determined solely by City, taking into account the value, scope, availability to the project locale, familiarity with the project locale, complexity and nature of work.

c) Any other provisions City believes to be in the City’s best interest to negotiate.

d) Initial negotiations will be based upon Contract Phase 1.

City shall, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. City may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City, City may end the particular formal solicitation.

Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

5.11 Protest Procedures

City shall provide to all Proposers a copy of the selection notice that City sent to the highest ranked Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the City. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, or Land Surveying Services, or Related Services described in the RFP.

Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers.

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. City will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent. The protest must specify the grounds for the protest in order for the protest to be considered by the City.

c) City’s Public Works Director will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the bid of proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

d) If the Public Works Director’s determination (response) is adverse to the protester, any further appeal of the Public Works Director’s determination by the party must be submitted in writing to the Ashland Municipal Court within three (3) business days of issuance of the Public Works Director’s determination (response).

e) The Ashland Municipal Judge will review any appeal of the Public Works Director’s determination and shall fax and mail, in accordance with the fax number and address provided in the proposal, the protesting party a written response within ten (10) business days of receipt of written appeal. This is the final decision of the City

5.12 Resulting Contract

Upon reaching a final agreement in regards to fees and final scope of work with an awarded Proposer, City will issue a Personal Services Contract (‘PSC”), in substantially the same form as found in the Appendix of the RFP document. The PSC includes City’s Standard Terms and Conditions and the final scope of work and fees.

5.13 RFP Cancellation

City may reject any and all proposals and may cancel this RFP at any time if doing so would be in the public interest as determined by the City. In no event shall the City have any liability for the cancellation of this solicitation.

CONTRACT

6.1 Contract Form

The proposer selected by the City will be expected to enter into a written contract in substantially similar form to the one attached to this RFP in EXHIBIT A, which shall also include IFA clauses referenced in Exhibit C. The proposal should indicate acceptance of the City’s contract provision. Suggested reasonable alternatives that do not substantially impair City’s rights under the contract may be submitted as outlined under Section 7.9. Unconditional refusal to accept contract provisions will result in proposal rejection.

Contract Duration – The anticipated duration of Phase 1 is 6 months. Phase 2 will depend upon Council decisions, Contractor availability and the length of the bid cycle and is currently anticipated to be an additional 36 months

Contract Payment – Contingent upon City’s need, consultant’s performance and availability of approved funding, City reserves the right to amend the contract (within the scope of the work described in this RFP) for additional tasks, project phases and compensation as necessary to complete a particular project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval by the Ashland City Council acting as the Local Contract Review Board.

Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in conformance with contract requirements and applicable standards. The method of compensation will be determined by the City and may be based upon any one or combination of the following methods:

• Cost plus fixed-fee, up to a maximum NTE amount

• Fixed price for all services. Fixed price per deliverable. Fixed price per milestone

• Time and materials, up to a maximum NTE amount (City preferred method)

• Price per unit

Ashland Living Wage Requirements – Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying at least the living wage as established by the City of Ashland on June 30, 2017 ($14.81 per hour):

• For all hours worked under a service contract between their employer and the City if the contract exceeds $20,688.86 or more.

• For all hours worked in a month if the employee spends 50% or more of the employee’s time in that month working on a project or portion of business of their employer, if the employer has ten or more employees and has received financial assistance for the project or business from the City in excess of $20,688.86.

• Contractor is also required to post the notice included in the appendix predominantly in areas where it will be seen by all employees.

• In calculating the living wage for full time employees, employers may add the value of health care, retirement, 401K and IRS eligible cafeteria plans, and other benefits to the employee’s wages. The City of Ashland Living Wage Statement is appended to the sample contract included in the appendix.

6.2 Business License Required

The selected proposer must have or acquire a current City of Ashland business license prior to conducting any work under this contact.

6.3 Insurance Requirements

Contactor shall at its own expense provide the following insurance:

a. Worker’s Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers’ compensation for all their subject workers.

b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract.

c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this contract.

d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for bodily injury and property damage, including coverage for owned, hired or non-owned vehicles, as applicable.

e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days’ written notice from the contractor or its insurer(s) to the City.

Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as additional insurers on any insurance policies required herein but only with respect to contractor’s services to be provided under this contract. As evidence of the insurance coverage required by this contract, the contractor shall furnish acceptable insurance certificates and endorsements prior to commencing work under this contact. The certificate will specify all of the parties who are additional insures. The consultant’s insurance is primary and non-contributory. Insuring companies or entities are subject to the City’s acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The contractor shall be financially responsible for all pertinent deductibles, self-insured retention and/or self-insurance.

6.4 Laws and Regulations

The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations, they shall report it to the City of Ashland in writing.

All work performed by the successful proposer shall be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the successful proposer shall be responsible for applying for applicable permits and licenses.

INSTRUCTION TO PROPOSERS

7.1 General

All contracts are subject to the requirements of the Ashland Municipal Code section 2.50, Oregon Revised Statutes, 279A and 279B. Engineering contracts are further subject to ORS Chapter 279C.

7.2 Information of Record

This Request for Proposal (RFP) will be distributed through Oregon Buys. All updates, addenda, and related communications will be published through Oregon Buys. All prospective proposers are advised to continuously monitor the website for information regarding this proposal. It is the sole responsibility of the proposer to check the website on a timely basis for critical information regarding the proposal.

7.3 Proposal Preparation and Format

• Proposals shall be typewritten 12 point font minimum.

• Except for proposer attachments, proposal form and resumes, the proposal shall contain no more than 8 pages.

• Proposal narrative must follow along with scoring criteria sections

• No oral, telegraphic, telephone or facsimile proposals shall be accepted.

• The electronic submission of a proposal will not be permitted.

• To be considered, all proposals must be received by the City prior to the hour and date of the advertised proposal closing.

• A total of six originals (wet signatures), and complete proposals shall be submitted to the City prior to the advertised proposal closing date and time.

• 1 digital copy of all submitted documents must be submitted on CD or thumb drive.

7.4 Signature on Proposal

Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a proposal certifies that the proposal is made without connection with any person, firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a proposal also certifies that the Proposer has read, fully understands and agrees with all solicitation requirements, terms and conditions. No consideration will be given to any claim resulting from proposing without fully comprehending all requirements of the Request for Proposals.

7.5 Preparation Costs

The City may cancel a solicitation, whether informal or formal, or reject all proposals, without liability incurred by City at any time after issuing an RFP, if City believes it is in City’s interest to do so. Proposers are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs, which includes, but is not limited to: submittal preparation, submittal, travel expenses, interviews, presentations, or evaluation of any proposal.

7.6 Conformance to Solicitation Requirements

Proposals shall conform to the requirements of this Request for Proposals. All necessary attachments (Bidder Residency information, Independent Contractor Certification, etc.) shall be submitted with the proposal and in the required format. Failure to comply with all requirements may result in proposal rejection.

7.7 Not Used

7.8 Definitions

For the purpose of this RFP:

“Agency” or “City” means City of Ashland.

“Business days” means calendar days, excluding Saturdays, Sundays and all City recognized holidays.

“Calendar days” or “days” means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day.

“Council” means City of Ashland Council “Department” means the City of Ashland Engineering Department “Manager” means the City of Ashland Project Manager “Proposers”- All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”.

“Qualification Based Selection” or “QBS” (for the purposes of this RFP) means evaluations and scoring of proposals based on qualifications, experiences and project approach, without considering cost.

“RFP” means Request for Proposal.

“RFQ” means Request for Qualifications.

“Scope of Work” means the general character and range of services and supplies needed to complete the work’s purpose and objectives, and an overview of the performance outcomes expected by Agency.

“Services” means the services to be performed under the Contract by the proposer.

“Statement of Work” means the specific provision in the final Contract which sets forth and defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, services, deliverables, schedule for delivery and other obligations.

7.9 Questions and Clarifications

All inquires, whether relating to the RFP process, administration, deadline or award, or to the intent or technical aspects of the services, must be submitted in writing to the City’s Project Manager listed in the advertisement for this proposal, at 20 East Main Street, Ashland, Oregon 97520. All questions must be received not later than ten (10) calendar days prior to the proposal submission deadline.

Answers to questions received by City, which are deemed by City to be substantive, will be issued as official addenda to this RFP to ensure that all proposers base their proposals on the same information.

When appropriate, as determined by City in its sole discretions, revisions, substitution or clarification of the RFP or attached terms and conditions, an official addendum to this RFP will be issued. Proposer shall indicate receipt of all issued addenda by indicating the number of addendum received on the Proposal Form.

Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the proposer. The City may elect to email addendum to registered proposers but will do so as a courtesy only. All official addendums will be issued through Oregon Buys and it shall be the proposer’s sole responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to monitor this site on a continual basis.

7.10 Protest of Requirements

Proposers may submit a written protest of any provision, specification or contract term contained in this RFP and may request a change to any provision, specification or contract term contained in this RFP, not later than ten (10) calendar days prior to the advertised proposal closing date.

A proposer’s written protest must meet the following requirements:

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

• The reason for the protest or request for change.

• A statement of the form of relief requested or any proposed changes to the specifications or contract document.

All protests shall be mailed or otherwise delivered to the City marked as follows:

PROPOSAL PROTEST

Proposal No. 2018-20 City of Ashland Public Works Dept.

ATTN: City of Ashland Public Works-Engineering, at 51 Winburn Way, Ashland, OR 97520; or by mail to: 20 E. Main St., Ashland, OR 97520 20 East Main St Ashland, OR 97520

City Response: The City may reject without consideration a proposer’s protest after the deadline established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the City agrees with the proposer’s protest, in whole or in part, the City shall either issue an addendum reflecting its determination or cancel the solicitation.

Extension of Closing: If the City receives a written protest from a proposer in accordance with this rule, the City may extend closing if the City determines an extension necessary to consider the protest and to issue addenda, if any, to the solicitation of document.

Judicial review of the City’s decision relating to a specification protest shall be in accordance with ORS.

279B.405.

7.11 Protest of Contract Award

Every proposer who submits a proposal shall be notified of its selection status. Any proposer who claims to have been adversely affected or aggrieved by the selection or any proposer who contends that the provisions of the RFP or any aspect of the procurement process has promoted favoritism in the award of the contract or has substantial diminished competition, must file a written protest to the RFP within seven (7) calendar days after the date of the selection notice. Failure to file a protest will be deemed a waiver of any claim by an offeror that the procurement process violates any provision of ORS Chapter 279A, 279B, 279C the City of Ashland Local Contract Review Board Rules or the City’s procedures for screening and selection of persons to perform personal services.

7.12 Proposal Modification

Modifications or erasures made before proposal submission shall be initialed in ink by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after proposal closing date and time.

7.13 Proposal Withdrawals

Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Engineering Services Manager prior to the RFP closing time. Proposals may be withdrawn in person before closing time upon presentation of appropriate identification.

7.14 Proprietary Information

The City is subject to the Oregon Public Law (ORS 192.311 to 192.478), which require the City to disclose all records generated or received in the transaction of City business, expect as expressly exempted in ORS 192.345, 192.355, or other applicable law. The City will not disclose records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations.

The entire RFP cannot be marked confidential; nor shall any pricing be marked confidential.

All pages containing the records exempt from disclosure shall be marked “confidential” and segregated in the following manner:

• It shall be clearly marked in bulk and on each page of the confidential document.

• It shall be kept separate from the other RFP documents in a separate envelope or package

• Where the specification conflicts with other formatting and response instruction specifications, this specification shall prevail.

• Where such conflict occurs, the Proposer is instructed to respond with the following: “Refer to confidential…