RFP_TrafficSignal_US101_SE40thST.pdf

CITY OF NEWPORT

NEWPORT, OREGON

REQUEST FOR PROPOSALS

U.S. 101 and SE 40th Street Traffic Signal Design-Build Project

PROJECT # 25-24005

October 24, 2025

Prepared By:

City of Newport

169 SW Coast Highway Newport, OR 97365

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City of Newport, OR US 101 & SE 40th Street Traffic Signal Project RFP

Project #25-24005

Page | 1 of 1

TABLE OF CONTENTS

D-111 REQUEST FOR PROPOSALS

D-425 PRICE PROPOSAL

D-520 DRAFT AGREEMENT BETWEEN OWNER ON THE BASIS OF STIPULATED PRICE

EXHIBIT A – INTERSECTION CONTROL EVALUATION, FINAL, DATED NOVEMBER 26,

EXHIBIT B - INTERSECTION CONTROL EVALUATION, SUPPLEMENTAL MEMO, DATED

JULY 25, 2025, IN RESPONSE TO ODOT COMMENTS

EXHIBIT C - CONCEPTUAL TRAFFIC SIGNAL INSTALLATION SIGNALIZATION PLAN,

DATED SEPTEMBER 24, 2025

EXHIBIT D - TRUCK TURNING MOVEMENT PLAN, DATED SEPTEMBER 24, 2025

EXHIBIT E – OREGON PUBLIC CONTRACTING REQUIREMENTS

D-700 GENERAL CONDITIONS

D-800 SUPPLEMENTARY CONDITIONS

D-610 PERFORMANCE BOND

D-615 PAYMENT BOND

D-620 DESIGN-BUILDER’S APPLICATION FOR PAYMENT

D-940 WORK CHANGE DIRECTIVE

D-941 CHANGE ORDER

Table of Contents

EJCDC® D-111, Request for Proposals—Design-Build Project.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

REQUEST FOR PROPOSALS—

DESIGN-BUILD PROJECT

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright © 2016:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved Page i

REQUEST FOR PROPOSALS—

TABLE OF CONTENTS

Page

ARTICLE 1 – DEFINITIONS; RFP DOCUMENTS

ARTICLE 2 – PRE-PROPOSAL CONFERENCE

ARTICLE 3 – PROPOSER’S REPRESENTATIONS

ARTICLE 4 – EXAMINATION OF SITE AND SITE-RELATED DOCUMENTS; OWNER’S SAFETY PROGRAM;

OTHER WORK AT THE SITE

ARTICLE 5 – INTERPRETATIONS AND ADDENDA

ARTICLE 6 – TECHNICAL PROPOSAL, EVALUATION AND SELECTION PROCESS

ARTICLE 7 – PRICE PROPOSAL

ARTICLE 8 – CONTRACT TIMES

ARTICLE 9 – LIQUIDATED DAMAGES

ARTICLE 10 – FORMAL REQUIREMENTS

ARTICLE 11 – SUBMITTAL OF PROPOSALS

ARTICLE 12 – MODIFICATION AND WITHDRAWAL OF PROPOSAL

ARTICLE 13 – OPENING OF PROPOSALS

ARTICLE 14 – PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 15 – INTERVIEWS WITH PROPOSERS

ARTICLE 16 – EVALUATION OF PROPOSALS

ARTICLE 17 – REJECTION OF ALL PROPOSALS; DISCREPANCIES

ARTICLE 18 – AWARD OF CONTRACT

ARTICLE 19 – BONDS AND INSURANCE

ARTICLE 20 – SIGNING OF AGREEMENT

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

REQUEST FOR PROPOSALS—

PROGRESSIVE DESIGN-BUILD PROJECT

ARTICLE 1 – DEFINITIONS; RFP DOCUMENTS

1.01 Definitions

A. Terms used in this Request for Proposals (RFP) have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms have the meanings indicated below:

1. RFP Documents: This Request for Proposals; and any forms, Project information, technical information, site information, budget information, proposed Contract Documents, or other documents issued with or incorporated by the RFP.

2. Proposer: An entity that submits a Proposal to Owner.

B. In addition to terms specifically defined, terms with initial capital letters in the RFP include references to identified articles and paragraphs, and the titles of other documents or forms.

1.02 Introduction

A. Traffic congestion is a growing concern at the intersection of US 101 and SE 40th St. in Newport, Oregon. This area is poised to see growth as a nearby residential community builds out, an adjacent development site moves forward with a planned project, new Oregon State University student housing is constructed, and other development projects proceed in the area.

B. An Intersection Control Evaluation was conducted (Exhibits A and B) to evaluate various intersection control concepts for the intersection of US 101 and SE 40th Street. An operational analysis was performed which looked at a no-build and three alternatives under peak hour existing conditions and planning horizon year (2046) conditions. It was determined that a traffic signal would be the best alternative to provide adequate capacity, minimize delays, accommodate freight movements, and accommodate bicyclists and pedestrians, improving safety and ease of access.

C. A traffic signal installation signalization plan and a truck turning movement plan have been prepared and are included as Exhibits C and D respectively.

D. The City of Newport is requesting proposals from qualified Design-Build firms/teams to perform design and construction services for a traffic signal and all associated supporting services. These services include but are not limited to those described in Article 1.07.

Proposers must have proven experience successfully designing and building Oregon Department of Transportation (ODOT) compliant traffic signals.

1.03 Obtaining and Using RFP Documents

A. The RFP Documents, including any addenda issued, may be viewed and downloaded online at: OregonBuys: https://oregonbuys.gov.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. Proposers must use complete sets of RFP Documents in preparing the Proposal. Neither Owner nor Owner’s Consultant (if any) assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of RFP Documents.

C. Copies of RFP Documents available on the above terms are only for the purpose of obtaining Proposals and do not confer a license or grant to Proposers for any other use.

1.04 Public Records

A. Any information submitted through this RFP process shall be a public record. However, during the evaluation period, the proposals shall be considered as confidential information.

If any proposal contains information that is considered a trade secret under ORS 192.501(2), each sheet containing proprietary information should be marked as follows:

“This data constitutes a trade secret and shall not be disclosed except in accordance with Oregon Public Records Law, ORS Chapter 192.”

B. The City accepts no liability for the inadvertent or unavoidable release of any confidential information submitted, and claims arising out of any public record request for such information shall be at the Design-Builder’s expense.

C. Identifying the proposal in whole as a trade secret is not acceptable. Failure to identify a portion of the proposal as a trade secret shall be deemed a waiver of any future claim of that information as a trade secret.

1.05 Tax ID Numbers

A. Proposers must provide their Federal and State of Oregon Taxpayer ID Numbers.

1.06 Recycled Products Statement

A. In accordance with ORS 279 A.125, respondents should use recyclable products to the extent economically feasible in the performance of the contract work under this RFP.

1.07 General Description of Work

A. The Work is generally described as the design and construction of the following: A traffic signal for three approaches and pedestrian improvements at the intersection of US 101 and SE 40th Street in Newport, Oregon. Project tasks will include but are not limited to topographical and boundary surveys, preparation of an Oregon Department of Transportation (ODOT) compliant signal design, coordination of ODOT design review, coordination of utilities, construction and installation of traffic signal, re-pavement of intersection, ADA ramps, striping, signing, and right-of-way acquisition assistance.

ARTICLE 2 – PRE-PROPOSAL CONFERENCE

2.01 Date, Location, and Terms of Pre-Proposal Conference

A. A pre-Proposal conference will be held at 11:00 a.m. on October 30, 2025, at Newport City Hall, 169 SW Coast Highway, Newport, Oregon, Conference Room A. Representatives of Owner will be present to discuss the Project. Proposers are encouraged to attend and participate in the conference. Owner will transmit to all prospective Proposers of record such Addenda as Owner considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 3 – PROPOSER’S REPRESENTATIONS

3.01 Representations: It is the responsibility of each Proposer before submitting a Proposal to:

A. Examine and carefully study the RFP Documents, and any data and reference items identified in the RFP Documents.

B. Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Become familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Carefully study all drawings of physical conditions relating to existing surface or subsurface structures at the Site, if any, that Owner has identified or made available to Proposer, especially with respect to Technical Data in such reports and drawings.

E. Consider the information known to Proposer itself, and to members of Proposer’s design-build team; information commonly known to design professionals, design-builders, and contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the RFP Documents; and the Site-related reports and drawings (if any) identified in the RFP Documents or otherwise made available to Proposer, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the project design; (3) the means, methods, techniques, sequences, and procedures of construction to be employed by Proposer; and (4) Proposer’s safety precautions and programs.

F. Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Proposal no further examinations, investigations, explorations, tests, studies, or data are necessary for the preparation of its Proposal for performance of the Work at the prices stated and within the times required, and in accordance with the other terms and conditions of the RFP Documents.

G. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the RFP Documents.

H. Promptly give Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer discovers in the RFP Documents, and confirm that the written response from Owner is acceptable to Proposer.

I. Determine that the RFP Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. Agree that the submission of a Proposal will constitute an incontrovertible representation by Proposer that Proposer has complied with every requirement of this Article, that without exception the Proposal and all prices in the Proposal are premised upon performing and furnishing the Work required by the RFP Documents.

ARTICLE 4 – EXAMINATION OF SITE AND SITE-RELATED DOCUMENTS; OWNER’S SAFETY PROGRAM;

OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the RFP Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Design-Builder. Any

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Design-Builder.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions

1. Hazardous Environmental Conditions - No tests of subsurface conditions at or adjacent to the site are known to Owner.

B. Underground Facilities: Information and data shown or indicated in the RFP Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner by owners of such Underground Facilities, including Owner, or others.

1. As-Builts for the following projects are available upon request:

a. South Beach Utility Undergrounding – Phase 2 (2022)

b. South Beach / Hwy 101 Water and Sewer System Improvements (2012)

c. South Beach Village Phase 1 – Road Improvements SE 40th Street (2007)

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Proposers with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the RFP Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Proposers with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Proposers

A. Proposer is encouraged to conduct a Site visit. Site visits shall be conducted during normal working hours and shall not disturb any ongoing operations at the Site.

B. Proposer is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Proposer access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Proposer deems necessary for preparing and submitting a successful Proposal. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Proposer shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

E. Proposer shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Other Work at the Site

A. Reference is made to Article 9 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware that is to be performed at the Site by others and relates to the Work contemplated by these RFP Documents.

ARTICLE 5 – INTERPRETATIONS AND ADDENDA

5.01 All questions about the meaning or intent of the Proposal Documents are to be directed to Owner in writing. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

5.02 Addenda may be issued to clarify, correct, or change the Proposal Documents as deemed advisable by Owner.

ARTICLE 6 – TECHNICAL PROPOSAL, EVALUATION AND SELECTION PROCESS

6.01 Technical Proposal Content Requirements:

A. Cover Letter (Pass/Fail):

1. Include a description of why the Proposer believes it should be selected.

2. Name the person(s) authorized to represent the Design-Builder in any negotiations and the name of the person(s) authorized to sign any contract or agreement, which may result.

3. Cover Letter must be signed by a legal representative of the firm, authorized to bind the firm in contractual matters.

4. Include the following statements:

a. “The Design-Builder accepts all the terms and conditions in the Request for Proposals and that this proposal shall be considered valid for 60-days after the submission deadline.”

b. “All materials and documents acquired or produced by the Design-Builder in conjunction with a resulting contract shall be delivered to and become property of the City of Newport without restriction or limitation of their future use”. Please note the requirements pertaining to confidential information in section 1.04 of this RFP.

B. Proposer’s Organizational Chart and Team Capabilities (5 Points):

1. Provide an organizational chart on one page (8-1/2 x 11) that shows Proposer’s team management and organizational structure, including subconsultants and their proposed role/discipline.

2. Provide a summary of what each team member and subconsultant’s role will be and why they are qualified to do that role. This summary will be included in the Proposal page limit set forth in Article 6.02.

3. Proposer’s organizational chart is not included in the Proposal page limit identified for this solicitation.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

C. Key Staff Qualifications (15 Points)

1. Provide Resumes for the following:

a. Design Project Manager

b. Construction Project Manager

c. Utility Coordinator

d. Two other Key Staff (Prime or subconsultant) that you believe is most important based on your understanding of the required services.

2. Provide a description of how Proposer meets the following requirements:

a. Engineering services must be performed or provided under the full authority and responsible charge of an Oregon Registered Professional Engineer. The Professional Engineer must be currently registered in active status with the Oregon State Board of Examiners for Engineering and Land Surveying and must supervise and direct the Services proposed for this Project. List the name of at least one (1) Oregon Registered Civil Engineer in active status intending to perform engineering services under this Contract.

b. When required by Oregon law, Consultants shall place their official Oregon Registered Professional Land Surveyor certified seal and signature on all reports, maps, design drawings, and specifications delivered under this Contract. List the name and registration number of at least one Oregon Registered Professional Land Surveyor intending to perform services under this Contract.

3. Key Staff Resumes are not included in the Proposal page limit identified for this solicitation; however, a maximum of 5 Key Staff Resumes may be submitted and each must be no longer than one page in length.

D. Proposer’s Relevant Experience (20 Points)

1. Provide two (2) project examples (10 Points each) for services Proposer provided for state of Oregon or local transportation agencies comparable to the requested services to be performed by your team.

2. Describe each project’s relevance to the Project included in this solicitation, including descriptions of how any outstanding issues and project constraints were addressed and resolved.

3. Include a brief description of project, location, size, duration, and objectives. Include the similarities to this Project, and a brief description of tasks performed by the Proposer. For each sample project, include the similarities to this Project, and how the project mentioned prepares your Project Team for this Project.

4. Provide references for the project examples including:

a. Name and title of contact person

b. Business/Agency name and address

c. Current contact information for contact person

E. Design Development and Management (10 Points)

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Describe the Proposer’s overall approach to design excellence, design development, and management for the Project.

2. Include a description of the design management process and the communications between the Owner and the Design-Builder during this process.

3. Include a description of Proposer’s approach and methodology for managing workload and control of resources. Describe management and organizational capabilities to ensure staffing availability.

4. Include a description of any foreseeable unique challenges you may encounter and the strategy and staffing used in your approach to address these challenges.

5. Describe how the Proposer will address regulatory approvals and permitting requirements for the Project, including permits and approvals from ODOT.

F. Project Approach, Scope of Work Development, and Level of Effort (30 Points)

1. Describe Proposer’s approach to deliver the work identified in Article 1.07, General Description of Work.

a. Describe in detail the tasks the Design-Build Team intends to perform during the design phase of the Project and the associated level of effort (amount of time, resources, and work required to complete each task).

b. Describe in detail the tasks the Design-Build Team intends to perform during the construction phase of the Project and the associated level of effort.

c. Based on the level of effort estimates, provide a cost for each task for both the design and construction phases of the Project and include the sum of these costs in Article 5 of the Price Proposal Form (EJCDC D-425).

d. The Scope of Work will be included as a Contract exhibit.

2. Describe Proposer’s approach to project phasing and scheduling and provide a general timeline for completing both design and construction.

G. Price Proposal (20 Points)

1. Price proposal forms will be scored as follows:

a. The proposal with the lowest price will receive the maximum number of points.

b. The remaining price proposals will be scored based on the following criteria:

Score = (Lowest Bid / Vendor's Bid) x Total Points Available for Price Proposal

6.02 Technical Proposal Format Requirements:

A. Proposers are encouraged to provide clear, concise proposals that contain only information required to respond to the needs of this Project. Proposals shall be type written and font size shall be a minimum of 11-point. Proposals shall be double sided. All pages shall be 8 ½” x 11” size. 11” x 17” page size is acceptable for Project schedule and charts and will be counted as one (1) page for these purposes. Any other content with text on 11” x 17” will be counted as two (2) pages. Proposals shall not exceed 25 total pages, excluding the transmittal letter, index or table of contents, front and back covers, resumes, title pages, and separation tabs.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

6.03 Ownership Rights

A. An unsuccessful Proposer shall retain an ownership and property interest in the Technical Proposal. Owner will return the Technical Proposal of unsuccessful Proposers no later than 61 days after the last date for receipt of Proposals, but may retain a record copy for information purposes. Such documents are not intended or represented to be suitable for use or reuse by Owner or others on the Project or on any other project. Any such use or reuse will be at Owner’s sole risk and without liability or legal exposure to unsuccessful Proposer, and Owner shall indemnify and hold harmless unsuccessful Proposer from all claims, damages, losses and expenses including attorneys’ fees arising out of or resulting from any such use or reuse.

6.04 Selection Schedule

The anticipated schedule for the solicitation process is as indicated below:

Publish RFP October 23, 2025

Pre-Proposal Meeting October 30, 2025

Last Request for Information Due November 5, 2025

Last Day to Issue Addenda November 10, 2025

Proposals Due November 13, 2025

Notice of Intent to Award November 21, 2025

7-Day Deadline for Protests November 28, 2025

Notice of Award December 2, 2025

Kick-off Meeting TBD

6.05 Evaluation of Technical Proposals

A. Proposals will be evaluated by representatives from the City of Newport’s Community Development and Engineering Departments.

B. Proposals will be evaluated on the following criteria:

CRITERIA POINTS

Cover Letter Pass/Fail

Organizational Chart and Design-Builder Capabilities 5

Key Staff Qualifications 15

Relevant Experience 20

Design Development and Management 10

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Project Approach, Scope of Work Development, and Level of Effort 30

Price Proposal 20

TOTAL 100

ARTICLE 7 – PRICE PROPOSAL

7.01 Stipulated Price

A. Proposers shall submit a Price Proposal on a stipulated price basis.

ARTICLE 8 – CONTRACT TIMES

8.01 Completion of the Work

A. The number of days within which, or the dates by which, Milestones, if any, are to be achieved, and the Work is to be (1) substantially completed and (2) ready for final payment, are set forth in the Agreement.

ARTICLE 9 – LIQUIDATED DAMAGES

9.01 Late Completion

A. Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10 – FORMAL REQUIREMENTS

10.01 Proposal Execution Requirements

A. A Proposal by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown.

B. A Proposal by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

C. A Proposal by an individual shall show the Proposer’s name and official address.

D. A Proposal by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Price Proposal Form (EJCDC D-425). The official address of the joint venture shall be shown.

E. All names shall be printed in ink below the signatures.

F. The Proposal shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Price Proposal Form (EJCDC D-425).

G. Postal and e-mail addresses and telephone number for communications regarding the Proposal shall be shown.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 11 – SUBMITTAL OF PROPOSALS

11.01 Proposals, including all their component parts, shall be submitted no later than the following time, and at the following place:

2:00 PM PST on November 13, 2025

City of Newport Community Development Department Attn: Anna Iaukea 169 SW Coast Highway Newport OR, 97365

11.02 Submittals by US mail or other delivery method: Proposer shall provide one (1) printed copy and one (1) electronic copy on a flash drive of their proposal which must be in a searchable PDF format as a single document.

11.03 Proposals submitted by US mail or other delivery method shall be enclosed in a plainly marked package stating the Project title, and the name and address of Proposer. The Price Proposal shall be included in the package and shall itself be enclosed in a separate sealed envelope marked “Price Proposal.” The sealed envelope containing the Proposal shall be enclosed in a separate mailing or delivery package plainly marked on the outside with the notation “PROPOSAL

ENCLOSED.”

City of Newport Community Development Department Attn: Anna Iaukea 169 SW Coast Highway Newport OR, 97365

11.04 Submittals via email: Email to a.iaukea@newportoregon.gov and include a single searchable document in PDF format. The body of the email shall clearly identify (1) the Project name, and

(2) the Proposer’s name.

11.05 Proposers are responsible for calling the City office at 541-574-5868 to confirm that proposal was received.

11.06 Proposals received after the date and time prescribed, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Proposer unopened.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 12 – MODIFICATION AND WITHDRAWAL OF PROPOSAL

12.01 A Proposal may be withdrawn by an appropriate document duly executed in the same manner that a Proposal must be executed and delivered to the place where Proposals are to be submitted prior to the date and time for the opening of Proposals. Upon receipt of such notice, the unopened Proposal will be returned to the Proposer.

ARTICLE 13 – OPENING OF PROPOSALS

13.01 Proposals will be opened privately.

13.02 Rankings of Technical Proposals, Price Proposals, and other established selection criteria will be made available to all Proposers.

ARTICLE 14 – PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE

14.01 All Proposals will remain subject to acceptance for the period of time stated in the Proposal Form, but Owner may, in its sole discretion, reject any Proposal prior to the end of that period.

ARTICLE 15 – INTERVIEWS WITH PROPOSERS

15.01 Interviews

A. At Owner’s discretion, interviews may be scheduled following the evaluation of Proposals and prior to contract award, if deemed necessary.

ARTICLE 16 – EVALUATION OF PROPOSALS

16.01 Technical Proposals: The procedures applicable to evaluating and scoring the Technical Proposal are set forth in Article 6 of this RFP.

16.02 Price Proposals: The procedures applicable to evaluating and ranking the Price Proposals are as follows:

A. Stipulated Price Proposals: Owner will rank the stipulated price proposals from lowest (most favored) to highest (least favored).

16.03 Accounting for Technical Proposal and Price Proposal: [Indicate the process to be used in taking into account the scores or ranking on the Technical Proposal and the scores or ranking on the Price Proposal, and any other selection criteria, and determining the Successful Proposer.]

16.04 In evaluating a Proposal, Owner may consider whether the Proposal complies with the RFP and includes any prescribed documents and other data requested in the RFP.

16.05 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of Proposers and proposed engineers, Project Design Professionals, Construction Subcontractors, Suppliers, and other individuals and entities to perform and furnish the Work in accordance with the Contract Documents.

ARTICLE 17 – REJECTION OF ALL PROPOSALS; DISCREPANCIES

17.01 Owner reserves the right to reject any or all Proposals, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Proposals. Owner will reject the Proposal of any Proposer that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Proposer purports to add terms or conditions to its Proposal, takes exception to any provision of the RFP Documents, or attempts to alter the contents of the Contract Documents for purposes of the Proposal, then the Owner will reject the Proposal as

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

ARTICLE 18 – AWARD OF CONTRACT

18.01 If the Contract is awarded, Owner will award the Contract to the Proposer whose Proposal is in the best interests of the Project, and pursuant to the procedures set forth in this RFP.

18.02 If the contract is awarded, Owner will give Successful Proposer a Notice of Award within 30 days after the day of the Proposal opening.

ARTICLE 19 – BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Design-Builder’s requirements as to performance and payment bonds and insurance.

When the Successful Proposer delivers the executed Agreement to Owner, it must be accompanied by the required Bonds.

ARTICLE 20 – SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Proposer, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Proposer shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Proposer, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

EJCDC® D-425, Price Proposal Form—Design-Build Project.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

PRICE PROPOSAL FORM—

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, Copyright © 2016:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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TABLE OF CONTENTS

Page

ARTICLE 1 – PRICE PROPOSAL RECIPIENT

ARTICLE 2 – PROPOSER’S ACKNOWLEDGEMENTS

ARTICLE 3 – PROPOSER’S REPRESENTATIONS

ARTICLE 4 – PROPOSER’S CERTIFICATION

ARTICLE 5 – BASIS OF PRICE PROPOSAL

ARTICLE 6 – TIME OF COMPLETION

ARTICLE 7 – DEFINED TERMS

ARTICLE 8 – PRICE PROPOSAL SUBMITTAL

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

PRICE PROPOSAL FORM

US 101 & SE 40th Street Intersection Signal Project Project #25-22031

ARTICLE 1 – PRICE PROPOSAL RECIPIENT

1.01 This Price Proposal is submitted to:

Anna Iaukea Urban Renewal Project Manager City of Newport 169 SW Coast Highway Newport, OR 97365

1.02 The undersigned Proposer proposes and agrees, if this Price Proposal is accepted and Owner awards the design-build contract to Proposer, to enter into the design-build contract with Owner in the form included in the RFP Documents, to perform all Work as specified or indicated in the RFP Documents for the prices and within the times indicated in this Price Proposal and in accordance with the other terms and conditions of the RFP Documents.

ARTICLE 2 – PROPOSER’S ACKNOWLEDGEMENTS

2.01 Proposer accepts all of the terms and conditions of the Request for Proposals, including without limitation those dealing with the disposition of Price Proposal security. This Price Proposal will remain subject to acceptance for 60 days after the Price Proposal opening, or for such longer period of time that Proposer may agree to in writing upon request of Owner.

ARTICLE 3 – PROPOSER’S REPRESENTATIONS

3.01 In submitting this Price Proposal, Proposer represents that:

A. Proposer has examined and carefully studied the RFP Documents, and any data and reference items identified in the RFP Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum Date

B. Proposer has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

C. Proposer is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Proposer has carefully studied all drawings (if any) of physical conditions relating to existing surface or subsurface structures at the Site, that Owner has identified or made available to Proposer, especially with respect to Technical Data in such reports and drawings.

E. Proposer has considered the information known to Proposer itself, and to members of Proposer’s design-build team; information commonly known to design professionals, design-builders, and contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the RFP Documents; and the Site-related reports and drawings (if any) identified in the RFP Documents or otherwise made available to Proposer, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work;

(2) the project design; (3) the means, methods, techniques, sequences, and procedures of construction to be employed by Proposer; and (4) Proposer’s safety precautions and programs.

F. Proposer agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the preparation of its Proposal for performance of the Work at the prices stated and within the times required, and in accordance with the other terms and conditions of the RFP Documents.

G. Proposer is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the RFP Documents.

H. Proposer has given Owner written notice of all conflicts, errors, ambiguities, and discrepancies that Proposer has discovered in the RFP Documents, and confirms that the written response from Owner is acceptable to Proposer.

I. The RFP Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Price Proposal constitutes an incontrovertible representation by Proposer that Proposer has complied with every requirement of this Article, and that without exception the Price Proposal and all prices in the Price Proposal are premised upon performing and furnishing the Work required by the RFP Documents.

ARTICLE 4 – PROPOSER’S CERTIFICATION

4.01 Proposer certifies that:

A. This Price Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Price Proposal;

C. Proposer has not solicited or induced any individual or entity to refrain from submitting a Price Proposal; and

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

D. Proposer has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the proposal process to the detriment of Owner, (b) to establish prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Proposers, with or without the knowledge of Owner, a purpose of which is to establish prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the proposal process or affect the execution of the Contract.

ARTICLE 5 – BASIS OF PRICE PROPOSAL

5.01 Proposer will complete the Work in accordance with the Contract Documents for the following price(s):

Stipulated Price for Design $

Stipulated Price for Construction $

Total Stipulated Price $

ARTICLE 6 – TIME OF COMPLETION

6.01 Proposer agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Proposer accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – DEFINED TERMS

7.01 The terms used in this Price Proposal with initial capital letters have the meanings stated in the RFP, the General Conditions, and the Supplementary Conditions.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 8 – PRICE PROPOSAL SUBMITTAL

PROPOSER:

By:

Signature:

Printed name:

(If Proposer is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

Signature:

Printed name:

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Proposer’s License No.:

EJCDC® D-520, Agreement Between Owner and Design-Builder on the Basis of a Stipulated Price.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, DRAFT

AGREEMENT

BETWEEN OWNER AND DESIGN-BUILDER

ON THE BASIS OF A STIPULATED PRICE

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, Copyright © 2016:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT

BETWEEN OWNER AND DESIGN-BUILDER

ON THE BASIS OF A STIPULATED PRICE

THIS AGREEMENT is by and between the City of Newport (“Owner”), and __________________________ (“Design-Builder”).

PROJECT INFORMATION

Project: US 101 & SE 40th Street Traffic Signal Design-Build Project, Project #25-24005

Design-Build Contract: US 101 & SE 40th Street Traffic Signal Design-Build Project, Project #25-24005

(“Contract”)

Engineer: Design-Builder has retained ____________________ (“Engineer”) for the performance of professional engineering services under this Contract. Design-Builder may use EJCDC® D-505, Agreement between Design-Builder and Engineer for Professional Services.

Authorized Representatives: Owner and Design-Builder each hereby designates a specific individual authorized to act as representative with respect to the performance of responsibilities under this Contract. Such an individual shall have authority to transmit instructions, receive formal notices, receive information, and render decisions relative to this Contract on behalf of the respective party that the individual represents.

1. Owner’s Authorized Representative: Chris Beatty, City Engineer, 169 SW Coast Hwy, Newport, OR 97365, c.beatty@newportoregon.gov, 541-574-3376.

2. Design-Builder’s Authorized Representative:

[include mailing and delivery addresses, e-mail address, telephone numbers]

Owner and Design-Builder further agree as follows:

ARTICLE 1 – THE WORK

1.01 General Description of Work

Design-Builder shall complete all Work as specified or indicated in the Contract. The Work is generally described as the design and construction of the following: A traffic signal for three approaches and pedestrian improvements at the intersection of US 101 and SE 40th Street in South Beach, Oregon. Project tasks will include topographical and boundary surveys, preparation of an Oregon Department of Transportation (ODOT) compliant signal design, coordination of utilities, re-pavement of intersection, ADA ramps, striping, signing, and right-of-way acquisition assistance.

It may be necessary to phase the construction work in such a way that the preliminary infrastructure is constructed and the poles, supporting arms/mast arm poles, signal lights, electric controller, and detectors are stored for installation at a later time.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 2 – CONTRACT TIMES

2.01 Time of the Essence

A. All time limits for Design-Builder’s attainment of Milestones, if any, Substantial Completion, and completion and readiness for final payment, as stated in the Contract, are of the essence of the Contract.

2.02 Contract Times: Days

A. Design-Builder will substantially complete the Work within twelve (12) months after Notice to Proceed.

B. Design-Builder will have the Work completed and ready for final payment, in accordance with Paragraph 14.06 of the General Conditions, within 30 days after substantial completion.

C. Design-Builder shall attain the following Milestone(s):

1. To be determined following contract award.

2.03 Liquidated Damages

A. Design-Builder and Owner recognize that time is of the essence as stated in Paragraph 2.01 above, and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 2.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving, in a lawsuit or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Design-Builder agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Design-Builder shall pay Owner $200.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 2.02.A above for Substantial Completion until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Design-Builder shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Design-Builder shall pay Owner $200.00 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion, final completion, and Milestones (if applicable) are not additive, and will not be imposed concurrently.

Liquidated damages for failing to attain Substantial Completion shall take precedence.

ARTICLE 3 – CONTRACT PRICE

3.01 Stipulated Sums

A. Owner shall pay Design-Builder for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

1. For all Work, at the prices stated in Design-Builder’s Proposal, attached hereto as an exhibit.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

3.02 Changes in Contract Price Based on Cost of the Work

A. If the price of Design Professional Services covered by a Change Order or an adjustment in the Contract Price is determined on the basis of Cost of the Work, then for such Design Professional Services…