Document Woodburn_doc_4b03a620ed

1 CITY OF WOODBURN, OREGON Request for Proposals Design Services for Evergreen Road Intersection Improvements at Stacy Allison Way, W Hayes Street, and Harvard Drive DATE & TIME DUE: JUNE 18, 2025, AT 4:00 PM SUBMIT PROPOSAL TO: CITY ENGINEER Woodburn Public Works Department 190 Garfield Street Woodburn, OR 97071 (503) 982-5248 ---PAGE BREAK--- 2 TABLE OF CONTENTS I. PROJECT DESCRIPTION AND SCHEDULE 5 II. SCOPE OF WORK 8 III. MINIMUM QUALIFICATIONS 25 IV. GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS 25 V. PROPOSAL SUBMISSION 28 VI. PROPOSAL EVALUATION AND SELECTION 31 VII. SAMPLE CONTRACT AGREEMENT 35 APPENDIX-A 42 APPENDIX-B 43 APPENDIX-C 45 APPENDIX-D 46 APPENDIX-E 48 ---PAGE BREAK--- 3 PROPOSAL ADVERTISEMENT Request for Proposals Design Services for Evergreen Road Intersection Improvements at Stacy Allison Way, W Hayes Street, and Harvard Drive RESPONSE DUE JUNE 18, 2025, AT 4:00 PM The City of Woodburn, Oregon is requesting proposals from qualified engineering firms with established experience in providing engineering design services for municipal transportation projects. The primary project elements include: • The project includes reconfiguring/modifying the traffic control at the intersections of Evergreen Road with Stacy Allison Way, Evergreen Road with W Hayes Street, and Evergreen Road with Harvard Drive, as well as designing a new street cross- section for Stacy Allison Way between Evergreen Road and Hooper Street to meet current City Standards for a minor arterial road. All contracts and subcontracts awarded as part of the Project shall comply with requirements as set forth by pertinent city, state and federal requirements. Selection of the qualified Consultant will be in accordance with Oregon Administrative Rules (OAR) 137- 048-0220 and as set forth in the Solicitation Document and includes criteria such as, but not limited to: project understanding and approach, similar project experience, experience of proposers key staff, and demonstrated ability to complete successfully similar projects on time and within budget. Consultants responding to this RFP do so solely at their expense, and the City is not responsible for any Consultant expenses associated with the RFP. The selected firm(s) must demonstrate the ability to provide a majority of the services required and clearly identify those services which will need to be provided by a sub- consultant. The City will select a consultant on a qualification based criteria for the services identified. Sealed proposals will be received until 4:00 PM on Wednesday, June 18, 2025 at the Woodburn Public Works Department located at 190 Garfield Street Woodburn, OR 97071. All proposals shall be marked “Woodburn Public Works Department, Attn: Design Services for Evergreen Road Intersection, 190 Garfield Street, Woodburn, Oregon 97071.” Facsimile proposals will not be accepted. Proposals received after the time set for submission will not be considered responsive, and proposals may not be removed after the time of submission. Prospective proposers are encouraged to examine the solicitation document by viewing it in ---PAGE BREAK--- 4 a PDF format, available over the Internet from the City’s website at or.gov/publicworks/page/bids-and-rfps. The Request for Proposals may also be viewed or obtained from the City of Woodburn, Public Works Office located at 190 Garfield Street, Woodburn, Oregon 97071; or by emailing [EMAIL REDACTED]. All questions should be directed to the City Engineer at phone number [PHONE REDACTED] or by emailing [EMAIL REDACTED]. Responses to questions will be summarized in writing to all prospective Proposal respondents. The cost of delivery of Proposals shall be the responsibility of the Proposer. The City will not accept Proposals that require payment by the City. Proposers are required to certify non-discrimination in employment practices and identify resident status as defined in ORS 279A.120. All Proposers are required to comply with the provisions of Oregon Revised Statutes Chapters 279 A, B, and C for Public Contracts and Purchasing and the City of Woodburn Public Contracting Rules. The Woodburn City Council is the local contract review board. The City of Woodburn reserves the right to reject any or all proposals not in compliance with all prescribed public bidding procedures and requirements, to postpone award of the contract for a period not to exceed sixty (60) days from date of proposal opening, to waive informalities in the proposals, to select the proposal which appears to be in the best interest of the City, and to reject for good cause any or all proposals upon a finding that it is the public interest to do so. Published: Portland Daily Journal of Commerce Date: May 23, 2025 ---PAGE BREAK--- 5 I. PROJECT DESCRIPTION AND SCHEDULE Evergreen Road is an existing minor arterial road located in the City of Woodburn connecting Newberg Highway (Hwy 214) and Parr Road. Stacy Allison Way is an existing service collector road connecting Evergreen Road and, in the future, connecting with Parr Road. W Hayes Street is an existing service collector road connecting Evergreen Road and N Settlemier Road. Harvard Drive is an existing access road connecting Stacy Allison Way and Parr Road. The existing areas that are surrounding Evergreen Road are in the process of being developed with a mix of residential and commercial uses and future planned industrial areas to the south that are currently undeveloped and being annexed to the City of Woodburn. The project includes reconfiguring/modifying the traffic control at the intersections of Evergreen Road and Stacy Allison, Evergreen Road and W Hayes Street, and Evergreen Road and Harvard Drive, as well as improving the existing street cross- section of Stacy Allison Way between Evergreen Road and Hooper Street to meet current City standards for a minor arterial roadway. Improvements to the intersections of Evergreen Road with Stacy Allison Way and Evergreen Road with W Hayes Street will be developed to 100% design with options that we may consider; having a single lane roundabout at each intersection, having a roundabout at one intersection and a traffic signal at the other, or a traffic signal at each intersection when warranted. The Evergreen Road and Harvard Drive intersection service is for design concepts only, based on recommended improvements to the intersections of Evergreen Road and Stacy Allison Way and Evergreen Road and W Hayes. Street cross section improvements to Stacy Allison Way will be developed to 90% design, at which time the project limits to advance to final construction documents for bid will be determined. PROJECT SCHEDULE The following is the anticipated timeline for receiving and evaluating Proposals and awarding a contract to the most qualified firm or individual. This schedule is subject to change if additional time is needed. Schedule Activity Publication Advertisement for Proposals May 23, 2025 Deadline for Submission of Proposer Questions June 11, 2025 Addenda Issuance Deadline Proposals Due Evaluation of Proposals Complete June 12, 2025 June 18, 2025, AT 4:00 PM June 25, 2025 ---PAGE BREAK--- 6 Notice of Intent to Award June 27, 2025 Award Protest Deadline July 6, 2025 City Council Award July 14, 2025 THE CITY RESERVES THE RIGHT TO MODIFY THIS SCHEDULE AT THE CITY’S DISCRETION. PROPER NOTIFICATION OF CHANGES WILL BE MADE TO ALL AFFECTED PARTIES THROUGH ISSUANCE OF WRITTEN ADDENDA, WHICH WILL BE AVAILABLE ELECTRONICALLY ON THE CITY WEBSITE, AND HARD COPIES WILL BE AVAILABLE AT 190 GARFIELD STREET IN WOODBURN, OREGON. The City anticipates that the project will include, but is not limited to, design and coordination of the following items: A. Engineering Design Studies Engineering studies will include, at a minimum, traffic studies and geotechnical investigations, but may include other studies as determined by the engineer and approved by the City. B. Survey and Utility Location The design consultant will coordinate all required survey for design, coordination, verification of all utilities within the project boundaries, and post-construction survey. C. Outreach and Communications Design consultant shall coordinate with City staff to work with residents of nearby neighborhoods and to provide general info and project updates. The design consultant shall also lead, participate, and support additional public outreach efforts including, but not limited to, meetings, mailings, emails, and website updates. D. Layout of Road Section and Alignment Consultant shall provide layout and design to meet the requirements of a City major arterial and the requirements of the City of Woodburn Transportation Master Plan. Given the limitations of the existing built environment, the design engineer shall evaluate any other options for road sections based on site conditions and feedback from the City and public to best accommodate the required facilities. We anticipate limitations for the road section and the alignment layout due to limited right-of-way, adjacent structures, and the existing driveways. E. Roundabout or Traffic Signal Design ---PAGE BREAK--- 7 Evergreen Road and Stacy Allison Way & Evergreen Road and W Hayes Street As part of the City’s Transportation Master plan and future development needs for intersection improvements has been identified at the intersection of Evergreen Road and Stacy Allison Way and at the intersection Evergreen Road and W Hayes Street. We anticipate this will consist of a 100% Design that is ready for construction of a single-lane roundabouts or traffic signal when warranted. The center of the roundabouts shall include art, signage, or other identity elements that mark the entry into the City of Woodburn. The potential roundabout/traffic signal intersections will be thoughtfully designed to ensure easy navigation by pedestrians and bicycles and to reduce vehicle speed. Artistic elements shall be identified and incorporated into the project through coordination with the City Arts & Mural Program Coordinator Stacy Allison Way Cross-Section Improvements As part of the draft updated Transportation Master Plan, the need for improvements at Stacy Allison Way has been identified to reclassify the existing service collector to a minor arterial road. We anticipate this contract will consist of a 90% Design. F. Right-of-Way and Easement Acquisition Assistance The consultant will be responsible for identifying the location of right-of-way and permanent and temporary easements needed for the project, providing legal descriptions, survey, and staking for appraisals. The City will lead the appraisal and negotiations process internally for right-of-way acquisition. G. Utility Design, Utility Relocation Design, and Utility Relocation Coordination This project will include coordination with utility providers and design for undergrounding the overhead PGE lines and above-ground franchise utilities into a joint utility trench. Addition and relocation of City utilities and other appurtenances are anticipated as part of the roadway changes. A Public Utility Easement meeting the requirements of the City’s public works standards shall be included in the design. H. Storm Water Treatment Design Storm water runoff from roadway impervious surfaces must be treated and detained/retained through low impact development facilities in conformance with City of Woodburn Public Works Standards. A stormwater report implementing City Standards is required. I. Pavement/Geotechnical Design ---PAGE BREAK--- 8 Investigation and evaluation of existing asphalt and soil conditions and recommendations for roadway pavement section for construction. J. Street Light Design Streetlights shall be designed to meet the most current edition of the ANSI/IES Design of Roadway Facility Lighting standards and comply with PGE Schedule B LED street lighting standards. K. Project Deliverables and Sequencing The intersection improvements at Evergreen Road and Stacy Allison Way and Evergreen Road at W Hayes Street (roundabouts or traffic signal) include 100% design and bid for construction documents. We anticipate that the Stacy Allison Way cross-section improvements and Evergreen Road – Harvard Drive intersection improvement work will be completed in two phases, with separate deliverables for each phase of the anticipated work as follows: Schedule A: 90% Design and construction document preparation Schedule B: 100% Design and construction document preparation L. Construction & Inspection Services The consultant shall provide services to manage construction and inspection of the roundabouts or traffic signal for the Evergreen Road / Stacy Allison Way intersection and Evergreen Road / W Hayes Street intersection. The City plans to complete Schedule B of the improvements to Stacy Allison Way and the proposed improvements to Evergreen Road and Harvard Drive intersection, as part of their task for this project. II. SCOPE OF WORK Term of Service The contract resulting from this RFP shall have an anticipated date of final completion of December 31, 2026. Pre-Contract Activity The Successful Proposer shall work with the City Public Works Director to refine and articulate the scope of work, clarifying the Project tasks and identifying possible contingency tasks, and providing a fee estimate for the work. A pre-contract meeting(s) may be required and shall not be billable to the City. Project Phasing ---PAGE BREAK--- 9 The City of Woodburn has overall authority in scope, schedule, and budget for this project. This project is divided into multiple phases with anticipated phase completion date(s) as follows: Phase 1: Design, Public Involvement, Permitting, and Easement Acquisition, February 2026 Phase 2: Construction Engineering Services, December 2026 Once Phase 1 is nearing completion, the scope of work for Construction Engineering Services will be refined and finalized during negotiations at a later date. Draft Scope of Work Tasks The following is a draft, proposed Scope of Work (SOW) for the Project (this SOW will be refined and finalized during the negotiations process): Task 1 – Project Management The Consultant shall manage all sub-consultants on the team, directing the flow of information between the Consultant team members and the City’s project manager. billing and status reports will be clearly presented in an organized manner, with costs distributed among tasks and funding sources. The Consultant shall provide services including the following items: 1. Organize and conduct Kick-off meeting at City Hall. 2. Prepare and provide updates as needed to the Project schedule. 3. Organize, lead, and conduct Project meetings twice a month during design. 4. Prepare materials for and participate in two City Council meetings. 5. Coordinate various members of the Consultant team. 6. Provide exhibits, maps, figures, as needed and required. 7. Communicate clearly and regularly with the City’s project manager. 8. Submit invoices/payment requests, separate costs by tasks. 9. If deemed necessary prepare materials for, lead, and participate in one public in-person open-house meeting in Woodburn. Task 2 – Public Engagement The Consultant shall prepare a Public Engagement Plan that includes strategies and desired outcomes for broad based, early, and continuing engagement of key stakeholders and the public. The Public Engagement Plan will need to address unique outreach needs and opportunities of environmental justice/underserved communities in the area. ---PAGE BREAK--- 10 The Public Engagement Plan shall outline the process for timely and accessible forums of public input, including in-person and online open houses, public surveys, and public events. In addition, the Consultant shall plan on preparing presentations and attending at least two City Council meetings. Public Engagement shall incorporate the City’s existing public engagement tools, including E’blast and social media platforms, utilizing these communication tools rather than paying for third party platforms. Consultant shall prepare public information materials, including fact sheets, postcards, photographs, graphic illustrations, communications, exhibits, visualizations, presentations, surveys, summaries and other documents needed to support the activities outlined in the Public Engagement Plan. Consultants maintain and update an interested parties list and distribute a newsletter with project updates at a regular intervals for the duration of the project. The City will develop and maintain the project website and upload consultant produced content and manage the community engagement webpage, as well as serve as the point of contact for media and public inquiries. Deliverables The project deliverables will include: 1. Draft Public Engagement Plan 2. Final Public Engagement Plan incorporates City review comments. 3. All public information materials and project content. 4. Prepare public engagement summaries documenting outreach provided, demographics, and feedback for each phase of engagement. Task 3 – Project Planning and Surveying All survey work and elevations on design plans shall be based on NAVD 88 Datum. The consultant team shall provide the following project planning and surveying services. Task 3.1– Project Initial Research and Project Planning 1. The City will provide Consultant with the following information in electronic format prior to the Project Kick-Off Meeting for their review. a. Most Current City of Woodburn Public Works Standards and Detail Drawings; b. As-built record drawing information, as available; c. Other pertinent information requested by Consultant, as available; ---PAGE BREAK--- 11 2. Consultant will request maps from all utility companies that have utilities within the subject area. 3. The Oregon Utility Notification Center will be contacted to field mark utilities throughout the subject area. 4. Consultant will thoroughly review all as-builts or record drawings, utility company information, and GIS maps. 5. Consultant will conduct survey research necessary to perform the field surveying tasks and resolve right of ways, property boundaries, and adjacent easements of record. 6. Consultant shall schedule, facilitate, and prepare agendas, meeting materials, and minutes for up to three Project Planning Team Meetings to review existing information and project approach. Consultant shall provide Preliminary Project Team Meeting agendas and meeting materials two business days prior to meeting date and Preliminary Project Team Meeting minutes. Deliverables The project deliverables will include: 1. A Memo summarizing Project Planning Team Meetings to document preliminary design approach based on City feedback. Task 3.2 – Right-of-Way/Easement Surveying and Legal Descriptions The consultant will perform surveying necessary to accurately locate the existing right-of-way lines and relevant easements. At a minimum, surveying will include the following: 1. Reviewing record of surveys, plats, and deed documents of adjacent ownerships. 2. Establishing property, right-of-way, and easement lines adjacent to the project. 3. Prepare legal descriptions and exhibits for all right-of-way and easements required for the project. Obtain title reports for the respective parcels. Deliverables The project deliverables will include: 1. title reports, Legal descriptions and Exhibits for areas needed to be acquired for right-of-way or easement acquisition. Task 3.3 – Site/Topographic/Design Surveying and Potholing ---PAGE BREAK--- 12 Consultant will perform necessary site, topographic, and design surveying services for the Project Area as determined by the Consultant and the City. Consultant will perform necessary potholing in the Project Area to verify depth, location, size, and material type of existing utilities as determined by the Consultant and the City. At a minimum, surveying and potholing will include the following: 1. Establishing a horizontal and vertical survey control network. 2. Referencing the network and all mapping to the City of Woodburn approved vertical datum. 3. Surveying and preparing a map showing the following: a. Locations, rim elevations, and invert elevations (of pipes) for all sanitary sewer and storm manholes within the project area b. Locations and top of valve nut elevations for water valves, locations and box rim elevations for meter boxes, hydrants, blow-offs, air releases, and all other appurtenances. c. Utility poles, meters and overhead wires (including heights) d. Located underground utilities and associated appurtenances and valves, and irrigation systems e. Crown line of streets f. Edge of pavement and top face of curb – If a non-standard curb exists, survey top back of curb. g. Fences, mailboxes, streetlights, trees, and other street side structures h. Striping and signage i. Sidewalks, curb ramps, and driveways j. Retaining walls k. Trees l. Other important topographic features m. Photos of site conditions 4. All natural and man-made features. 5. The extents of the survey work will be as necessary to adequately design the proposed improvements. ---PAGE BREAK--- 13 6. Potholing using a vactor excavation truck shall be conducted to verify depth, location, size, and material type of existing utilities as determined by the Consultant and the City. Potholes will be backfilled per city standards. Deliverables The project deliverables will include: 1. Survey data will be compiled in digital format and a digital terrain model will be created which can be used for design purposes. Digital terrain model (DTM) in AutoCAD DWG format complete with all external references such that the DTM is fully usable by the City without additional software or reference data. 2. An existing conditions map, stamped by a Professional Land Surveyor registered in Oregon, will be prepared showing all the above items. 3. The project deliverable will be a complete summary report of the existing conditions. This document will include: a. An existing conditions survey map b. Raw field survey data and field notes c. Digital terrain model in AutoCAD format complete with all external references such that the DTM is fully usable by the City without additional software or reference data d. Pre-Construction Record of Survey (including map and narrative) recorded with the Marion County Surveyors Office e. Utility locate ticket numbers and maps provided by utility carriers f. Site photographs Task 3.4 – Pre-Construction Record of Survey The purpose of a pre-survey is to locate all existing monuments of record within the project limits to ensure that if they are destroyed during construction, they can be re-set. Consultant shall prepare a Pre-Construction Record of Survey to meet the requirement of ORS 209.155. The Pre-Construction Survey will include the location and description of all survey monuments that may be disturbed or destroyed during construction, existing right-of-way, controlling centerlines, survey control network, and proposed centerline. At a minimum, surveying will include the following: 1. Locations of all survey monuments that may be disturbed or destroyed by construction. ---PAGE BREAK--- 14 2. Descriptions of all located survey monuments. Deliverables The project deliverables will include: 1. A Pre-Construction Record of Survey to meet the requirement of ORS 209.155 as described in Task 3.4. Task 4 – Geotechnical Investigation Consultant or their sub-consultant shall perform a geotechnical investigation of the project site to assist the Consultant in determining the pavement structural design and any retaining structures required as part of the project. Geotechnical investigation shall be developed in coordination with City’s Project Manager. Deliverables The project deliverables will include: 1. Geotechnical Report including the following at a minimum: a. Summary of work b. Plan showing exploration locations c. Soil logs and soil testing results d. Recommendations for AC structural sections for the roadways and roundabouts e. Site preparation, excavation, cut and fill slopes, structural fill material, fill placement, compaction, and wet weather construction recommendations as needed f. Retaining structures as needed Task 5 – Transportation Engineering Consultant or their sub-consultant shall perform a traffic study for the project site to assist the Consultant in finalizing road alignment, roundabout layout or traffic signal, turn pocket locations, streetlight upgrades, pedestrian crossing, and intersection improvements. Traffic studies shall be developed in coordination with City’s Project Manager. Deliverables The project deliverables will include: 1. Transportation study including the following at a minimum: ---PAGE BREAK--- 15 a. Summary of work b. Recommendations for road alignment and cross sections c. Turn pocket locations d. Intersection improvements e. Roundabout or traffic signal layout recommendations Task 6 – Permitting Consultant shall obtain all necessary permits to complete the tasks identified in this Scope of Work. Permit applications shall be submitted in a timely manner, and consultant will be responsible for monitoring the issuance of permits for the proposed project. Consultant will be responsible for coordination with outside agencies and subconsultants, which may include: 1. Oregon Division of State Lands, Oregon DEQ; 2. Any environmental permitting, including NPDES #1200-C and 1200C permits. 3. Local permitting requirements including City and ODOT; 4. Consultation with state and federal agencies, if required. Deliverables Final Deliverables shall include: 1. Identification of all permits and permit costs related to the project 2. Application and monitoring of permits with or weekly check-ins as needed 3. Final Permits issued to the City Task 7 – Preliminary Engineering and Recommendation After engineering studies and survey have been completed, the Consultant shall prepare a preliminary design memo with preliminary design figures. The Consultant shall provide the following items: 1. Preliminary design memo shall include discussion of project direction, discussion of conclusions from engineering studies, discussion of impacts to trees, discussion of permitting and any other important findings. 2. Preliminary design figures shall validate proposed road sections, and approximate alignments and relocations. 3. Receive City approval for major design assumptions ---PAGE BREAK--- 16 4. Identify locations and quantity of likely ROW and easement acquisitions for the Project 5. Identify permitting needs including timelines, costs, and any other requirements 6. Prepare planning level cost estimates for construction of improvements 7. Prepare preliminary cost estimates, legal descriptions, and exhibits for land acquisition Deliverables The project deliverables will include: 1. Preliminary design memo with engineering studies attached 2. Preliminary design figures 3. Planning level cost estimates for construction of improvements Task 8 – Stormwater Analysis Once the consultant has evaluated Stormwater options and needs, the consultant shall prepare a Stormwater Drainage Report in conformance with the current City of Woodburn Public Works Standards. The Draft Stormwater Drainage Report shall be submitted prior to or with submittal of the 60% Design Plans. Stormwater design shall incorporate low impact design standards and shall be in conformance with the draft 2025 Stormwater Master Plan and the most current version of the City’s Public Works Standards. Consultant shall make any corrections to the report based on comments by City staff. Deliverables The project deliverables will include: 1. Submit a draft copy Stormwater Drainage Report for review by City staff. 2. Submit a final copy Stormwater Drainage Report. Task 9 – Utility Coordination & Relocation Consultant shall identify and locate utilities within the Project limits, initiate contacts with utilities, and coordinate relocations needed for the construction of the Project. Underground utilities will be potholed to verify location, material, size, and depth. Consultant shall schedule, attend, and document regular utility coordination meetings during design of the project. Consultant shall prepare required utility notification letters for each utility found in potential conflict with the proposed design. Task 10– Final Design and Bid Documents, 30%, 60%, 90%, and 100% Plans Once Preliminary engineering and design has been approved by the City, Final Design for the project may commence. The purpose of the final design is to prepare the final construction documents necessary to construct the required road improvements. ---PAGE BREAK--- 17 Task 10.1 – 30% Design Documents Once the preliminary engineering and studies have been agreed upon by the consultant team and the City, the consultant shall prepare a preliminary set of 30% design plans and cost estimate. Plan sheets of the 30% plan set shall include, but is not limited to: 1. Cover Sheet 2. Draft Legend and Construction Notes 3. Existing Conditions Plan 4. Draft Tree Removal and Protection Plan with Notes, if necessary 5. Draft Site Plan 6. Draft Grading Plan 7. Draft Street Plan and Profile 8. Draft Utility Plan The City will add 30% plan review comments to a comment log. Consultant shall update comment log by providing a response to each comment and submit with the 60% construction documents. Deliverables The Project deliverables will include: 1. Comment log for City to provide review comments. 2. 30% plan set in half-size (11”x17”) electronic (PDF) format for each design packages: 3. 30% Engineer’s construction cost estimate, separated out by each design package. Task 10.2 – 30% Design Review Meeting Consultant shall schedule, facilitate, and prepare agendas, meeting materials, and minutes for one 30% design review meeting after receipt and review of City 30% review comments. Meetings may be held virtually or at Woodburn City Hall. Deliverables The Project deliverables will include: 1. Project Team Meeting agendas and meeting materials two business days prior to meeting date. ---PAGE BREAK--- 18 2. Project Team Meeting minutes. Task 10.3 – 60% Design Plans and Bid Documents Consultant shall prepare 60% design plans and cost estimate for each design package that incorporate comments from the 30% plans. Plan sheets of the 60% plan set shall include, but is not limited to: 1. Cover Sheet 2. Legend and Construction Notes 3. Existing Conditions Plan 4. Tree Removal and Protection Plan with Notes 5. Erosion Control Plan 6. Site Plan 7. Grading Plan 8. Composite Utility Plan 9. Street Plan and Profile 10. Street Details, Curb-Returns and Cross-Sections 11. Storm Water Plan and Profile 12. Water Plan and Profile 13. Sewer Plan and Profile 14. Applicable City of Woodburn Detail Drawings 15. Franchise Utility Plan 16. Striping and Signage Plan 17. Illumination Plan 18. Landscape Plan Consultant shall prepare, in collaboration with City Project Manager, Project Special Provisions for the Schedule A design package based on the City’s Current Public Works Standards and City Modifications to the ODOT Special Provisions. City will provide standard Woodburn Special Provisions for inclusion in the project special provisions. ---PAGE BREAK--- 19 City will add 60% plan review comments to comment log. Consultant shall update comment log by providing a response to each comment and submit with the 90% construction documents. Deliverables The Project deliverables will include: 1. Updated comment log with Consultant responses to each comment. 2. 60% plan set in half-size (11”x17”) electronic (PDF) format foreach design package:60% project special provisions for the Schedule A design package. 3. 60% bid schedule and bid item descriptions for the Schedule A design package 4. 60% Engineer’s construction cost estimate, separated out by each design package. Task 10.4 – 60% Design Review Meeting Consultant shall schedule, facilitate, and prepare agendas, meeting materials, and minutes for two meetings 1. 60% design review meeting after receipt and review of City 60% review comments. Meetings may be held virtually or at Woodburn City Hall. Deliverables The Project deliverables will include: 1. Project Team Meeting agendas and meeting materials two business days prior to meeting date. 2. Project Team Meeting minutes. Task 10.5 – 90% Design Plans and Bid Documents Consultant shall prepare a complete set of 90% design plans and cost estimate for each design package that incorporate comments received during the 60% design review meetings and public input. Consultant shall prepare a complete set of 90% project special provisions for the Schedule A design package that incorporate comments received during the 60% design review meetings and any extension of the project limits to incorporate infrastructure improvements from other design packages. ---PAGE BREAK--- 20 City will add 90% plan review comments to comment log. Consultant shall update comment log by providing a response to each comment and submit with the 100% construction documents. Deliverables The Project deliverables will include: 1. Updated comment log with Consultant responses to each comment. 2. 90% plan set in half-size (11”x17”) electronic (PDF) format for each design package. 3. 90% project special provisions for the Schedule A design package. 4. 90% bid schedule and bid item descriptions for the Schedule A design package 5. 90% Engineer’s construction cost estimate, separated out by each design package. Task 10.6 – 90% Design Review Meeting Consultant shall schedule, facilitate, and prepare agendas, meeting materials, and minutes for one 90% design review meeting after receipt and review of City 90% review comments. Meetings may be held virtually or at Woodburn City Hall. Deliverables The Project deliverables will include: 1. Project Team Meeting agendas and meeting materials two business days prior to meeting date. 2. Project Team Meeting minutes. Task 10.7 –100% Design Plans and Bid Documents Following review of the 90% Design Plans, Consultant will make any revisions based on comments received from the City and re-submit the 100% Street Design, Bid Sheet, Project Special Provisions and Engineer’s Construction Cost Estimate to the City for bidding. Deliverables The Project deliverables will include: 1. Updated comment log with Consultant responses to each comment. 2. Final engineering plan set in both full size (22”x34”) and half-size (11”x17”) electronic (PDF) format digitally stamped and signed by a Professional Engineer registered in the State of Oregon. ---PAGE BREAK--- 21 3. Final project special provisions. 4. Final bid schedule and bid item descriptions. 5. Final engineer’s construction cost estimate. Task 11– Right-of-Way and Easement Acquisition Support Consultant will be responsible for identifying location of right-of-way and permanent and temporary easements needed for the project, providing legal descriptions, survey, and staking for appraisals. Deliverables The Project deliverables will include: 1. Establishing property, right-of-way, and easement lines adjacent to the project. 2. Updated legal descriptions and exhibits for all right-of-way and easements required for the project as needed. Obtain title reports for the respective parcels. 3. Provide surveyed field staking of all right-of-way and easement lines of property to be acquired in coordination with the City’s property assessor and right-of-way agent. 4. Final Legal Descriptions shall be turned in with 60% project deliverables. Task 12 – Bidding Assistance The consultant shall coordinate with City in the preparation of construction bid documents for each phase of construction. The City will prepare, print, and distribute construction bid documents and be the main point of contact for all bidders during the bidding process. Consultant shall prepare response to potential construction contractor and supplier technical questions about the plans and specifications at the request of the City. Consultant shall review addenda necessary to clarify the construction bid documents upon request. After contract award, Consultant shall produce conformed construction documents by incorporating issued addenda from the bidding process and update project plans and project special provisions. Deliverables The Project deliverables will include: 1. Written responses addressing technical questions during bidding process, as needed. 2. Construction bid document addenda review comments, as needed. ---PAGE BREAK--- 22 3. Conformed construction documents, including: a. Plan set in half-size (11”x17”) electronic (PDF) format b. Special provisions in electronic (PDF) format Phase 2 – Construction Engineering Services The scope of work for Construction Engineering Services will be refined and finalized during negotiations at a later date. Task 13 – Construction Engineering The objective is to provide construction phase services to assist the City of Woodburn and ensure successful construction of the improvements advanced to final design and bid for construction. Task 13.1 - Meetings Consultant will attend the Project’s pre-construction meeting and construction meetings to be scheduled by the City and to be held at City of Woodburn Public Works, 190 Garfield Street, Woodburn OR, 97071 Deliverables The Project deliverables will include: 1. Project Team Meeting agendas and meeting materials two business days prior to meeting date. 2. Project Team Meeting minutes. Task 13.2 - Construction Surveying Consultant will provide the following construction surveying: 1. One set construction stakes and marks to establish the lines, grades, slopes and curbs for roadwork 2. One set of stakes for franchise utility vaults 3. Consultant to field mark location of monument boxes during construction 4. Consultant shall provide quality control construction survey work as directed by the City 5. All construction surveying will be coordinated with the Consultant and City Deliverables The Project deliverables will include: ---PAGE BREAK--- 23 1. Copies of Consultant staking requests 2. Copies of staking maps 3. Copies of cut sheets/field notes Task 13.3 –Construction Administration 1. Consultant shall review and approve submittals by the contractor upon requests by the City 2. Consultant or sub-consultants will conduct periodic site visits as necessary 3. Consultant shall clarify construction plans or contract documents upon requests by the City 4. Consultant shall review Requests For Information (RFI’s), Construction Contract Change Orders, and respond to Clarifications from the contractor upon requests by the City 5. Consultant shall produce changes to the plans as needed for reasons including changes in field conditions, conflicts, or changes to the plans authorized by the City Task 13.4 –Construction Inspection Consultant shall provide a qualified and experience construction inspector to verify conformance with construction documents. Deliverables Consultant shall prepare and provide the City with daily inspection forms on approved forms. Task 13.5 - Post-Construction Monumentation Consultant, or subconsultant, shall verify the disturbance (or non-disturbance) of existing monuments previously documented and recorded. A post-construction survey shall be recorded with Marion County following construction and shall include all monuments replaced during construction and the verified locations of undisturbed monuments. Consultant, or survey subconsultant, shall be responsible for resetting all monuments disturbed during construction. Deliverables The Project deliverables will include: ---PAGE BREAK--- 24 Post-Construction Survey (including map and narrative) recorded with the Marion County Surveyor’s Office Task 13.6 – As-Built Survey and Drawings All elevations on record drawings shall be based on NAVD 88 Datum. Consultant shall prepare a Post-Construction Record of Survey to meet the requirement of ORS 209.155. The Post- Construction Survey will include the location and description of all survey monuments that were disturbed or destroyed during construction, re-setting of destroyed monuments, setting of centerline monuments, newly acquired right-of-way, existing right-of-way where applicable, roadway centerlines, visible utility structures (manholes, curb inlets, water valves, etc.) , invert elevations on storm and sanitary sewer structures, signal poles, mapping of curbs at Point of Tangency and Point of Curvature, and survey control network. Consultant will perform the following services: 1. Survey the ‘As-Built’ project improvements 2. Prepare ‘As-Built’ plans based on the survey data 3. Submit the ‘As-Built’ plans to the City for review and comment Deliverables The project deliverables include: 1. Preliminary as-built plan set in printed, half size (11”x17”) paper, 3 copies. 2. Final as-built plan set in both full size (22”x34”) and half-size (11”x17”) electronic (PDF) format, digitally stamped and signed by a Professional Engineer registered in the State of Oregon. 3. AutoCAD copy (current version) of final as-built plan set and as-built topographic survey. City Responsibilities 1. Provide electronic copies of City’s Current Public Works Standards, City Modifications to the ODOT Special Provisions, Draft Storm Water Master Plan, Transportation System Plan. 2. Provide as-built record drawings and/or electronic information (if available) for adjacent projects and other pertinent information to the Consultant upon request. 3. Providing input on scheduling, advertising and hosting public open houses. 4. Providing specific City of Woodburn project provisions. 5. Printing and distribution of bid documents. ---PAGE BREAK--- 25 6. Advertising Project for bidding. 7. Point of contact for bidder questions and requests for information. 8. Evaluation of bids, audits, and contract award. 9. Review and approval of Concrete and Asphalt mix design. 10. Processing Change Order Requests (COR’s), Work Change Directives (WCD’s), and Change Orders (CO’s). 11. Reviewing and processing pay estimates for construction contract. 12. Managing right-of-way appraiser for acquisitions. 13. Scheduling and hosting weekly construction meetings. III. MINIMUM QUALIFICATIONS To be considered for award of the contract for this Project, Proposers must demonstrate the following minimum criteria as part of their Proposal 1. Proposer’s project team shall include a State of Oregon Registered Professional Engineer and other professionals with registration/license/qualifications as needed. 2. Proposer shall demonstrate a minimum of ten (10) years’ experience providing the types of services described within the Scope of Work of this Request for Proposals for public agencies. 3. Proposers with a record of substandard workmanship, as verified by the City by communication with licensing authorities, former clients and references, and other means as the City deems appropriate, will not be considered. 4. Ability to provide Certificate of Insurance meeting the City’s current insurance requirements. IV. GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS The General Conditions and Instructions set out below shall apply to all formal proposal solicitations and resulting contract awards issued by the City of Woodburn unless otherwise specified. Proposers are responsible for informing themselves of these requirements prior to submission of proposals. Failure to do so will be at the proposer’s own risk, and pleas of error or ignorance shall not be honored. Proposers requiring additional information about the General Conditions and Instructions set forth below should consult the Department of Public Works. ---PAGE BREAK--- 26 In the event there is a conflict between these General Terms and Conditions and any other terms and conditions that may be included elsewhere in this solicitation, the other terms and conditions shall prevail. 1. Selection & Award. Awards made in response to this RFP will be made to the most qualified proposer whose proposal is determined, in writing, to be the most advantageous to the City of Woodburn, taking into consideration the evaluation factors set forth in the RFP. 2. Proposer's Responsibility. The selected proposer(s) will be required to assume responsibility for all services offered in their proposal whether or not produced by them. If a successful contract cannot be completed after award, the City may conclude contract negotiations, rescind its award to that proposer, and return to the most recent RFP evaluation stage to negotiate with other proposer(s) for award. 3. Form of Submission. • It is the Proposer’s sole responsibility to submit information in fulfillment of the requirements of the RFP. If submittals are not substantially compliant in all material respects with the criteria outlined in the RFP, it will cause the Proposal to be deemed non-responsive. • Unless otherwise specified in the solicitation, Five proposals shall be submitted, properly signed in ink in the proper spaces, and submitted in a sealed envelope. • Unless specifically authorized in the solicitation, telegraphic, facsimile or electronic proposals will not be considered. 4. No Late Submissions. If received after the time specified for Public Proposal Opening, formal proposals, amendments thereto, or requests for withdrawal of proposals will not be considered. Late proposals will be returned to the proposer UNOPENED if the proposer’s return address is shown. 5. Sealed Proposals. Proposals must be properly identified as a “SEALED PROPOSAL”. Properly marked proposals received prior to the specified time of Public Proposal Opening will be securely kept, unopened, in the office of the Public Works Department. The Purchasing Agent or duly appointed representative will determine when the specified time has arrived and no proposal shall be received thereafter. 6. Communications during the RFP Process. Proposers shall address all inquiries, if any, in writing to Dago Garcia, PE, who alone is empowered to clarify such inquiries; not later than 7 days before the date of opening of the Proposals ---PAGE BREAK--- 27 7. Addendum and Supplement to Request. If it becomes necessary to revise any part of this RFP or if additional data is necessary to enable an exact interpretation of provisions of this RFP, revisions will be posted electronically on the City website. It is the responsibility of the Proposer to frequent the City website to obtain and download addendums and any other applicable information prior to proposal submission. 8. Withdrawal of Proposal. Proposals may be withdrawn on written request from the Proposer at the address shown in the solicitation prior to the time of Deadline for Submission of Proposals. Negligence on the part of the Proposer in preparing the proposal confers no right of withdrawal after the time fixed for the acceptance of the proposal. 9. Confidentiality & Public Records. After the time fixed for the opening of responses for this RFP, only the names of the proposers will be made available to the public. Proposals received will then be held confidential until a recommendation for award has been made by the Public Works Director to the City’s Local Contract Review Board. Thereafter, all Proposals will be available for public inspection by submitting a Public Records Request through the City Recorder’s Office. If any part of a proposal is proprietary and is claimed exempt from disclosure, the Proposer must separately submit that material along with the Proposal and have it clearly marked as "Proprietary Information; Confidentiality Requested." 10. Unless otherwise specified by the City of Woodburn, all formal proposals submitted shall be binding for City of Woodburn acceptance for ninety (90) days from the date of the proposal opening. 11. No employee of the City of Woodburn shall be admitted to any share or part of this contract or to any benefit that may arise there from. 12. All Proposals shall be prepared and submitted by and at the cost of the Proposer, hence all costs associated with preparation and submission of the Proposal shall be borne by the Proposer. 13. The City has the indisputable right to accept or reject any offer, or part of any offer, or to cancel the RFP without giving any justification. 14. Authority to Bind Firm in Contract. Proposals MUST give full firm name and address of Proposer. Failure to manually sign proposal may disqualify it. Person signing Proposal should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT and include documentation showing such authority. Firm name and authorized signature must appear on proposal in the space provided in the lower right-hand corner. ---PAGE BREAK--- 28 15. There will be no mandatory pre-submittal meeting or site visit scheduled for this RFP. Proposer Team Experience Proposals shall provide a brief work history of Proposer’s and any key sub-consultant’s projects entailing the same type of work being requested. Emphasis should be placed on local projects for public agencies where possible. The Proposal should include the following: 1. Describe Proposer’s and key sub-consultant’s firm size, office locations, and relevant capabilities and resources to be utilized on this Project. 2. Describe Proposer’s and key sub-consultants’ work experience that corresponds with the Project needs, as identified in this RFP. 3. Provide at least three examples of projects completed by Proposer for public agencies within the last five (10) years that best characterize Proposer’s experience with the work being requested, work quality, and cost control, describing each by name of project, project type, location, and date. • Include the public agency name and the name, address, telephone number, and email of the current contact person for each project, where possible. • Identify what role, if any, each team member who is proposed for this City Project (see Project Team Experience, below) played in each listed project. • Identify original and final contract costs for each listed project. Explain any cost overruns and corrective actions taken. Project Schedule Proposals shall include a proposed Project schedule identifying the duration and completion date of all tasks and milestones. The schedule should reflect the anticipated final completion date stated in the Scope of Work. If the schedule extends beyond the final completion date, the Proposal should include an explanation as to why the work cannot be completed within the proposed timeframe stated in the Scope of Work. Supporting Information Supporting materials may include graphs, full resumes, other references, charts, sample documents, and photos. However, pertinent information should be covered in the body of the Proposal. Supporting Information will not count toward the page limit, but brevity is encouraged. If there is no additional information to present in the Supporting Information, then state: “There is no additional information we wish to present.” V. PROPOSAL SUBMISSION Submission Format ---PAGE BREAK--- 29 Proposers shall respond to the RFP with a written proposal in the format outlined below. The Proposal shall include as a minimum the following sections arranged in the following specified order: 1. Title Page 2. Executive Summary Letter 3. Table of Contents 4. Management Skills and Technical expertise 5. Credentials of the Project Team 6. Task Understanding 7. Capability for a Timely Response 8. Compliance with Contractual Terms 9. Any supplemental information about your firm. 10. Appendices A through E. Proposers shall submit three copies of the Proposal and one electronic copy on a USB drive, sealed in an opaque envelope, plainly marked “Request for Proposals – Project Name,” and include the name and address of the Proposer. Proposals must be addressed and submitted to the following location by 4:00 p.m., Pacific Time, on Wednesday, June 18, 2025. City of Woodburn Attn: Dago Garcia, PE, City Engineer 190 Garfield Street Woodburn, OR 97071 Proposal Content 1. Title Page. Proposer should identify the RFP subject, name of the individual or firm, local address, telephone number, fax number, name and title of contact person, date of submission, and period for which the proposal is effective (no less than 90 days). 2. Executive Summary Letter. The Executive Summary Letter should not be more than two pages long and should include as a minimum the following: a. A brief statement of the proposer’s experience and ability to meet the service objectives; b. A positive commitment to perform the services within the time period specified; and ---PAGE BREAK--- 30 c. The names of persons authorized to represent the proposer, their title, address and telephone number (if different from the individual who signs the transmittal letter). 3. Table of Contents. The Table of Contents should include a clear and complete identification by section and page number of the materials submitted. 4. Management Skills and Technical Expertise. Include as a minimum: a. A list of at least three relevant projects completed within the past five years that best illustrate capabilities related to those required for this project, including description, scope, and project cost. b. Information on delivery of projects on time and within budget. Provide execution time (contract/actual); construction cost (estimated/actual); and any problems encountered and solutions devised. c. Client’s contact information d. Awards and letters of commendation received. 5. Credentials of the Project Team Include as a minimum: a. Identification of Project Manager, and the office location of the Project Manager b. Staffing Plan, and the office locations of each person assigned c. Project Manager’s portfolio of related projects d. Project Manager’s resume e. Resumes of key project staff members including City of Woodburn or Marion County experience f. References 6. Understanding of Task Requirements Provide a narrative describing how you intend to accomplish task requirements. Address your understanding of the requirements. 7. Capability for Timely Response a. Proximity of Proposer’s office to Woodburn City Hall (driving time) b. Acknowledgement and understanding that there will be a required timeframe for completion and approval of the plans. 8. Compliance with Contractual Terms a. Complete Certification Form and Signature Sheet included at Appendix E ---PAGE BREAK--- 31 b. Verify that insurance coverage is available (insurance certificates need not be submitted until the award stage) and express willingness to sign contract as written. c. List any proposed contractual terms and conditions that relate to the subject matter reasonably identified in this Solicitation Document or any its attachments. Note that failure to agree to terms required by Oregon State law or City of Woodburn purchasing rules may be grounds for disqualification of the proposal. Overall Quality and Completeness of the Proposal will be reviewed for: 1. Completeness 2. Attention to Detail 3. Clarity 4. Organization 5. Appearance VI. PROPOSAL EVALUATION AND SELECTION A Selection Review Committee of at least three members will be appointed to evaluate the Proposals received. Each committee member will independently evaluate each Proposal in accordance with the criteria stated in the Proposal Requirements section of this RFP. The City's Contract Selection Committee will independently read, review and evaluate each proposal, and selection will be made on the basis of the criteria listed below as depicted on the Proposal Evaluation Matrix contained herein. Each proposal will be read and evaluated on the basis of the criteria listed. If further evaluation is deemed necessary, the Contract Selection Committee may conduct interviews and have discussions with the top ranked firms (usually the top three depending upon the number of proposals received). The City reserves the right, at its sole discretion, to make an award without interviews. Once evaluations and interviews (if implemented) are completed, the Contract Selection Committee will finalize the rankings of the submitted proposals. Negotiations for a binding fee/rate schedule will then begin with the top ranked firm. If a contract acceptable to the City of Woodburn cannot be negotiated at rates considered fair and reasonable, negotiations shall be terminated with the top ranked firm and negotiations conducted with the next ranked firm, and so on. The Contract Selection Committee will conduct all subsequent negotiations and will make a recommendation to the City Council, serving as the Local Contract Review Board, for the resulting contract award. The City of Woodburn reserves the right to reject all Proposers ---PAGE BREAK--- 32 and/or to withdraw this RFP at any time. The rankings shall remain confidential until after the City issues its Notice of Intent to Award the Contract. ---PAGE BREAK--- 33 DESIGN SERVICES FOR EVERGREEN ROAD INTERSECTION IMPROVEMENTS AT STACY ALLISON WAY, W HAYES STREET, AND HARVARD DRIVE PROPOSAL EVALUATION MATRIX Maximum Points: 100 FIRM: MAXIMUM POINTS SCORE 1. Management Skills and Technical Expertise 25 2. Credentials of project team 25 3. Understanding of task and requirements 25 4. Capability for a Timely Response 15 5. Compliance with Contractual Terms 10 Total 100 What are the three primary reasons you have for recommending this firm? What are the three primary reasons you have for rejecting this firm? General Comments/Clarifications/Questions: ---PAGE BREAK--- 34 Reservation in Evaluation The City reserves the right to negotiate with a Proposer over: • The Statement of Work; • Compensation level and performance schedules for future work pursuant to ORS 279C.110; and • Any other terms and conditions as deemed necessary by the City. Investigation of References The City reserves the right to investigate and to consider the references and past performance of any proposer with respect to such things as its performance or provision of similar services, compliance with specifications and contractual obligations, and its lawful payment to suppliers, subcontractors and workers. The City may postpone the award or execution of the contract after the announcement of the notice of intent to award in order to complete its investigation. Preferences Notwithstanding provisions of law requiring the City to award a contract to the lowest responsible bidder or best proposer or provider, when procuring good and services for any public use, the City shall apply the applicable preferences described in ORS 279A.120 (Preference for Oregon goods and services) and ORS 279A.125 (Preference for recycled materials). Proposal Rejections The City reserves the right to: • Reject any or all proposals not in compliance with all public procedures and requirements; Reject any proposal(s) not meeting the specifications set forth herein; Waive any and all irregularities in proposals submitted; • Consider the competency of proposers in making any award; • Reject all proposals; and • Award any and all parts of any proposals. Protests and Appeals An affected person may protest the solicitation process or award of this contract. Protests must be submitted in writing and delivered in the form and manner prescribed by the Oregon Attorney General's Public Contracting Rules and the City of Woodburn Public Contracting Rules Ordinance. ---PAGE BREAK--- 35 VII. SAMPLE CONTRACT AGREEMENT THIS AGREEMENT is made and entered into as of the date first indicated on the signature page, by and between the City of Woodburn, an Oregon municipal corporation (hereinafter referred to as “CITY”), and a (hereinafter referred to as “CONSULTANT”). WHEREAS, CITY needs certain professional consultant services; and WHEREAS, CITY wants to engage CONSULTANT to provide these services by reason of its qualifications and experience; and WHEREAS, CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein, NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 – SCOPE OF SERVICES The Scope of Work to be performed by CONSULTANT under this Agreement is described in Exhibit A, which is attached to this Agreement. Additionally, CONSULTANT’s proposal in response to is incorporated by reference and are a part of this Agreement as if fully set forth. SECTION 2 – DUTIES OF CONSULTANT A. CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work. B. CONSULTANT represents that it is qualified to furnish the services described in this Agreement. C. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform its services. D. It is understood that will be designated by CONSULTANT as the person providing services to CITY under this Agreement and that this designated person shall not be replaced without CITY’s approval. SECTION 3 – DUTIES OF CITY ---PAGE BREAK--- 36 A. CITY shall provide CONSULTANT the pertinent information regarding CITY’s requirements for the Project. B. CITY shall examine documents submitted by CONSULTANT and shall render decisions to avoid unreasonable delay in the progress of CONSULTANT’S work. C. CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this Agreement. D. The contact person on the Project for CITY is designated as Public Works Director or assigned delegate. CITY shall provide written notice to CONSULTANT if CITY changes its contact person. SECTION 4 – TERM This Contract is effective on the date of last signature below and terminates three years from that date, with an option to mutually renew the contract for up to two additional one year terms. SECTION 5 – PAYMENT Payment shall be made by CITY to CONSULTANT only for services rendered and upon submission of a payment request and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee not to exceed Compensation shall be only for actual hours worked on the Project, at the rates specified in Exhibit B, and related direct expenses. CONSULTANT shall furnish with each bill for services an itemized statement showing the amount of services devoted to the Project by CONSULTANT as well as any agents or employees of CONSULTANT and any direct expenses. SECTION 6 – TERMINATION Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason upon ninety (90) days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice. Either party may terminate this Contract upon not less than thirty (30) calendar days written notice should the other party fail to substantially perform in accordance with the terms and/or conditions of this contract or any supplements thereof and if the performance is not cured within that 10-day period after written notice is given. SECTION 7 – OWNERSHIP OF DOCUMENTS ---PAGE BREAK--- 37 All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the Project for which they are made is executed or not. SECTION 8 – CONFIDENTIALITY All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement shall be considered as confidential by CONSULTANT until they are released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. SECTION 9 – INTEREST OF CONSULTANT CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement. SECTION 10 – CONSULTANT’S STATUS It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor, under control of CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement. Section 11 – Indemnity CONSULTANT agrees to hold harmless and indemnify CITY, its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from the negligent, or claimed negligent, performance of this Agreement by CONSULTANT, its officers or employees. CONSULTANT agrees to defend CITY, its officers or employees against any such claims. This provision does not apply to claims, loss, liability or damage or expense arising from the sole negligence, or willful misconduct, of CITY. Section 12 – Insurance CONSULTANT shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 for each occurrence. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 for each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles. ---PAGE BREAK--- 38 C. Workers Compensation in at least the minimum statutory limits. D. All insurance shall: 1. Include CITY as an additional insured with respect to this Agreement and the performance of services in this Agreement. 2. Be primary with respect to any other insurance or self-insurance programs of CITY. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance provided to CITY. 4. No changes in insurance may be made without the written approval of CITY. SECTION 13 – NONASSIGNABILITY Both parities recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY. SECTION 14 – RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of CONSULTANT from said obligation. SECTION 15 –WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money, which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement of any applicable law or ordinance. SECTION 16 – STATE PUBLIC CONTRACT PROVISIONS ---PAGE BREAK--- 39 All requirements of ORS Chapters 279, 279A, 279B, and 279C including but not limited to the following, as applicable, are incorporated herein by reference. A. If CONSULTANT fails, neglects or refuses to make prompt payment of any claim for labor or services furnished by any person in connection with this Contract as such claim becomes due, CITY may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due CONSULTANT by reason of the Contract. The payment of a claim in the manner authorized above shall not relieve the CONSULTANT or its surety from its obligation with respect to any unpaid claims. B. CONSULTANT and its subcontractors, if any, are subject to Oregon Workers’ Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required workers’ compensation coverage, unless such employers are exempt under ORS 656.126. CONSULTANT shall ensure that each of its subcontractors, if any, complies with these requirements. C. CONSULTANT shall, upon demand, furnish to the CITY, written proof of workers’ compensation insurance coverage. CONSULTANT is required to submit written notice to the CITY thirty (30) days prior to cancellation of said coverage. D. CONSULTANT shall use recyclable products to the maximum extent economically feasible in the performance of the contract. E. CONSULTANT is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to any payments made under this Contract. F. CONSULTANT agrees and certifies that it is a corporation in good standing and licensed to do business in the State of Oregon. CONSULTANT agrees and certifies that it has complied and will continue to comply with all Oregon laws relating to the performance of CONSULTANT’s obligations under this Contract. G. CONSULTANT shall: G.1 Make payment as due, to all persons supplying to the CONSULTANT labor and material for the prosecution of the work provided for in the contract documents; G.2 Pay all contributions or amounts due to the State Accident Insurance Fund incurred in the performance of this Contract; G.3 Not permit any lien or claim to be filed or prosecuted against the CITY on account of any labor or material furnished; and G.4 Pay to the Department of Revenue all sums withheld from employees ---PAGE BREAK--- 40 pursuant to ORS 316.167. H. The CONSULTANT shall as due, make payment to any person, copartnership or association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employee of such CONSULTANT, of all sums which the CONSULTANT agrees to pay for such services and all moneys and sums which the CONSULTANT collected or deducted from the wages of employees pursuant to any law, contract or Agreement for the purpose of providing or paying for such service. I. The CONSULTANT shall pay employees for overtime work performed under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29USC201 et. seq.). J. An employer must give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. K. CONSULTANT will comply with 279.835 et seq. in the procurement of products and services from a nonprofit agency for disabled individuals. L. CONSULTANT will use recycled products, as defined in ORS 279A.010(1)(ii), to the maximum extent economically feasible in the performance of the Contract. SECITON 17 – NON-DISCRIMINATION CLAUSE CONSULATANT agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Consultant also shall comply with the Americans with Disabilities Act of 1990 (Pub I. No. 101-336) including Title II of that Act, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. CONSULTANT further agrees that: 1. During the performance of a contract, the CONSULTANT will not discriminate against any employee or applicant for employment because of race, religion, color, sex or natural origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The CONSULTANT, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such CONSULTANT is an equal opportunity employer. ---PAGE BREAK--- 41 3. Notices, advertisements and solicitations placed in accordance with Federal law, rule or regulation shall be deemed sufficient to meet this requirement. 4. The CONSULTANT will include the provisions of the foregoing paragraphs in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 18 – ATTORNEY FEES In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorney fees to be fixed by the trial and appellate courts respectively. SECTION 19 – NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows: TO CITY: TO CONSULTANT: Public Works Department 190 Garfield Street Woodburn, OR 97071 SECTION 20 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated Agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. SECTION 21 – GOVERNING LAW This Agreement shall be governed by the laws of the State of Oregon. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year written. CITY OF WOODBURN: CONSULTANT: By: By: Scott Derickson Title: City Administrator Title: Date: Date: ---PAGE BREAK--- 42 APPENDIX-A ORGANIZATIONAL CHART AND RESUMES OF KEY STAFF ---PAGE BREAK--- 43 APPENDIX-B REFERENCES ---PAGE BREAK--- 44 APPENDIX-B Reference for: Proposers shall provide references on this form. 1. Firm Name Contact Title Mailing Address Phone 2. Firm Name Contact Title Mailing Address Phone 3. Firm Name Contact Title Mailing Address Phone 4. Firm Name Contact Title Mailing Address Phone ---PAGE BREAK--- 45 APPENDIX-C PROPOSER’S QUALIFICATION STATEMENT ---PAGE BREAK--- 46 APPENDIX-D ADDENDUM ACKNOWLEDGMENT ---PAGE BREAK--- 47 ADDENDUM ACKNOWLEDGMENT Addendum Acknowledgment The undersigned proposer acknowledges receipt of the following Addenda, and any required adjustments have been included in the proposal sum: Addendum No. dated Addendum No. dated Addendum No. dated CONTRACTOR FIRM NAME ADDRESS ADDRES ---PAGE BREAK--- 48 APPENDIX-E RFP SUBMISSION FORM ---PAGE BREAK--- 49 RFP SUBMISSION FORM Architectural/Engineering & Related Services SECTION I – COMPANY IDENTIFICATION AND OWNERSHIP DISCLOSURE Company Address Contact Person Title Telephone No. Fax No. E-mail Organized under the laws of State of Principal place of business at Following are names and addresses of all persons having ownership of 3% or more in the company (attach more sheets if necessary): Name Address The City of Woodburn requests, as a matter of policy, that any consultant or company receiving a contract of award resulting from this Request for Proposal issued by the City of Woodburn shall make certifications as specified below. Receipt of such certifications shall be a prerequisite to the award of contract and payment thereof. SECTION II – EMPLOYEES NOT TO BENEFIT I (we) hereby certify that if the contract is awarded to our company, partnership, or corporation, that no employee of the City of Woodburn, or members of his/her immediate family, including spouse, parents or children has received or been promised, directly or indirectly, any financial benefit, by way of fee, commission, finder’s fee, political contribution or any similar form of remuneration on account of the act of awarding and/or executing this contract. ---PAGE BREAK--- 50 Signature Date Name (Printed) Title SECTION III – CONFLICTS OF INTEREST The Proposer [ ] is [ ] is not aware of any information bearing on the existence of any potential organizational conflict of interest. If such a conflict exists, the proposer is prepared to sign a non-disclosure agreement. Signature Date Name (Printed) Title SECTION IV – COLLUSION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, company, or person submitting for the same services, materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I hereby certify that the responses to the above representations, certifications, and other statements are accurate and complete. I agree to abide by all conditions of this RFP and certify that I am authorized to sign for my company. Signature Date Name (Printed) Title SECTION V - NON-DISCRIMINATION CLAUSE The proposer agrees not to discriminate against any client, employee, or applicant for employment or for services, because of race, color, religion, sex, national origin, physical or mental handicap, sexual orientation, veterans status or age unless based upon bona fide occupational qualifications with regard to, but not limited to, the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; and/or rendition of services. It is further understood that any proposer who is in violation of this clause shall be barred from receiving awards of any purchase order from COW, unless a satisfactory showing is made that ---PAGE BREAK--- 51 discriminatory practices have terminated and that a recurrence of such acts in unlikely. Signature Date Name (Printed) Title SECTION VI - RESIDENCY CERTIFICATE Please Check One: Resident Proposer: Proposer has paid unemployment taxes or income taxes in this state during the last twelve calendar months immediately preceding the submission of this proposal. -or- Non-Resident Proposer: Proposer does not qualify under requirements stated above. Please specify your state of residence: Signature Date Name (Printed) Title