REQUEST FOR PROPOSALS FOR - Albany, Oregon · 2017. 10. 12. · WTP-17-02, Vine Water Treatment Plant Improvements REQUEST FOR PROPOSALS (RFP) Request for Proposals for Design-Build

City of Albany, Oregon

REQUEST FOR PROPOSALS (RFP)

DESIGN-BUILD SERVICES

FOR

WTP-17-02

VINE WATER TREATMENT PLANT

IMPROVEMENTS

Issue Date: September 15, 2017

Due Date: October 17, 2017, 2:00 p.m. (local time)

Public Works Engineering Director ............................... Jeff Blaine, P.E.

City Engineer .............................................................. Staci Belcastro, P.E.

Project Manager ............................................................ Nolan Nelson, P.E.

Purchasing Coordinator .............................. Diane M. Murzynski, CPPO

For more information regarding this Request for Proposals, contact Nolan Nelson at 541-791-0130 or by e-mail at [email protected]

PUBLIC WORKS – ENGINEERING

If proposer obtains these documents by means of a website or copied from a plan center, it is the responsibility of the proposer to check for any addendums to this contract prior to bid opening. To be notified of addendums, call 541-917-7676 and request to be added to the interested proposer’s list.

Failure to include any signed Addendums could result in the disqualification of your proposal.

mailto:[email protected]

WC-13-01, Canal Diversion Structures REQUEST FOR PROPOSALS (RFP)

Request for Proposals for Design-Build Services Table of Contents

TABLE OF CONTENTS

WTP-17-02, Vine Water Treatment Plant (WTP) Improvements

REQUEST FOR PROPOSALS (RFP) .................................................................................................................... 2

SECTION 1. INTRODUCTION AND BACKGROUND ...................................................................................... 4

SECTION 2. SCOPE OF WORK ........................................................................................................................... 6

SECTION 3. PROCUREMENT PROCESS REQUIREMENTS AND CONDITIONS ...................................... 10

SECTION 4. PROPOSAL EVALUATION PROCESS AND SELECTION CRITERIA .................................... 15

SECTION 5. CONTRACT REQUIREMENTS .................................................................................................... 20

SECTION 6. STATE AND FEDERAL CONTRACTING LAW ......................................................................... 21

ATTACHMENT A – PROJECT BACKGROUND DOCUMENTS .................................................................. A-1

ATTACHMENT B – EMPLOYEE DRUG TESTING PROGRAM CERTIFICATION ................................... B-1

ATTACHMENT C – NON-COLLUSION AND CONFLICT OF INTEREST CERTIFICATION .................. C-1

ATTACHMENT D – CERTIFICATION OF INSURANCE REQUIREMENTS .............................................. D-1

ATTACHMENT E – SAMPLE PROGRESSIVE DESIGN-BUILD CONTRACT ........................................... E-1

ATTACHMENT F – FILTER MEDIA ANALYSIS COST ................................................................................ F-1

ATTACHMENT G – FILTER MEDIA REMOVAL, PROTECTION, AND REINSTALLATION COST ...... G-1

ATTACHMENT H – KEY PERSONNEL INFORMATION FORM ................................................................ H-1

WTP-17-02, Vine Water Treatment Plant Improvements SUBMITTAL CHECKLIST

Request for Proposals for Design-Build Services Page 1 of 24

PROPOSER’S SUBMITTAL CHECKLIST

Proposers should submit five (5) copies of their proposal. All proposals must include the following submittals

to be considered responsive:

Letter from Design Builder’s Surety verifying bonding capability

Employee Drug-Testing Program Certification (Attachment B)

Non-Collusion And Conflict Of Interest Certification (Attachment C)

Certification of Insurance Requirements (Attachment D)

Signed Addenda (if applicable)

Proposals must be submitted by the time designated and the address listed in the advertisement for the

Request for Proposals at the City Hall Parks and Recreation Department/Information counter and

marked received by City staff indicating the time and date as shown on the City Bid Clock in the Parks

and Recreation Department. Any proposals submitted after the designated closing time or to any other

location will be determined nonresponsive and will not be opened. It is the responsibility of the Proposer

to deliver the proposal by the indicated deadline to the designated location.

If the Proposer submits a proposal via a delivery service (FedEx, UPS, etc.) the required sealed envelope

must be enclosed in the delivery service packaging and the Project Title of the proposal should be written

on the outside delivery service packaging.

WTP-17-02, Vine Water Treatment Plant Improvements REQUEST FOR PROPOSALS (RFP)


CITY OF ALBANY

REQUEST FOR PROPOSALS (RFP)

WTP-17-02, VINE STREET WTP IMPROVEMENTS

Proposals Due by 2:00 p.m. on Tuesday, October 17, 2017

Notice is hereby given that the City of Albany (City), Oregon, is requesting proposals from qualified Design-

Builders with established experience for the design and construction of WTP-17-02, Vine Water Treatment Plant

(WTP) Improvements project. This project will be constructed using a progressive Design-Build alternative

procurement process and is exempt from competitive bidding pursuant to criteria set forth in Albany Municipal

Code 2.66.060 and pursuant to Oregon Revised Statutes 279C.335. This project will be awarded based on a

competitive selection process based on technical expertise, cost, and prior experience.

Primary components of the project include:

Perform a condition assessment of filter media;

Investigate a hydraulic connection between water treatment filters;

Complete design to repair the leak between water treatment filters; and

Complete repair of leak between water treatment filters.

The Request for Proposals (RFP) document may be examined at the office of the Public Works Director, City

Hall, 333 Broadalbin Street SW, Albany, Oregon, 541-917-7676; downloaded from the City of Albany website at

http://www.cityofalbany.net/departments/finance/city-purchasing/bids-rfps-rfqs; or a printed set may be purchased

for $75. It is imperative those who download the RFP documents check the website regularly for addenda,

clarifications, and other pertinent notifications. All who are known by the City of Albany to have an interest in

this RFP will receive notification when additional items are posted. Please call 541-917-7676 to be added to the

Interested Proposer’s list.

Optional Pre-Proposal Site Meeting. The Vine WTP is a locked facility; in order to provide access to interested

proposers, an optional meeting is scheduled at the Vine WTP located at 300 Vine Street SW, Albany, Oregon, on

Tuesday, September 26, 2017, 3:00 p.m. to 4:00 p.m.

Proposals shall be submitted in a sealed envelope and received at the City of Albany Parks & Recreation counter,

not later than 2:00 p.m., Tuesday, October 17, 2017, addressed to the attention of Diane M. Murzynski, CPPO,

Purchasing Coordinator, at Albany City Hall, Finance Department, 333 Broadalbin Street SW, Albany, OR

97321. The outside of the envelopes shall reference WTP-17-02, Vine Street WTP Improvements, along with the

name and address of the Design-Builder. Faxed or electronic (email) submittals will not be accepted. Proposals

received after the closing date and time will not be opened or reviewed.

Each Design-Builder must have access to a current set of City of Albany Standard Construction Specifications,

which can be found on the City’s website at http://www.cityofalbany.net/departments/public-

works/engineering/standard-construction-specifications or a printed set may be purchased for $100. All public

improvements are required to conform to these specifications and proposal costs shall reflect these specifications.

For project information, call Nolan Nelson, Civil Engineer III, at 541-791-0130, or by email at

[email protected]. For questions regarding the procurement process, contact Diane Murzynski,

CPPO, CPPB, Purchasing Coordinator, at 541-917-7522.

All City contracts contain a statement declaring that the Design-Builder agrees to comply with the provisions of

ORS 279C.800 through 279C.870 regarding payment of prevailing wages. The City’s contract contains a clause

which incorporates by reference all of the provisions of ORS Chapter 279C that are applicable to public contracts.

Design-Builders are expected to be familiar with these provisions including, but not limited to, recent changes to

http://www.cityofalbany.net/departments/finance/city-purchasing/bids-rfps-rfqs

http://www.cityofalbany.net/departments/public-works/engineering/standard-construction-specifications

http://www.cityofalbany.net/departments/public-works/engineering/standard-construction-specifications


WTP-17-02, Vine Water Treatment Plant Improvements REQUEST FOR PROPOSALS (RFP)


ORS Chapter 279C.

Design-Builders responding to this RFP do so solely at their own expense, and the City is not responsible for any

Consultant expenses associated with the RFP.

No Proposal shall be received or considered unless the Design-Builder is registered with the Construction

Contractors Board for construction projects and licensed in Oregon for the type of work to be performed.

The City may reject any RFP not in compliance with all prescribed solicitation procedures and requirements and

other applicable law, and may reject any or all RFPs in whole or in part when the cancellation or rejection is in the

best interest of the City and at no cost to the City.

DATED THIS 15TH DAY OF SEPTEMBER 2017.

Diane M. Murzynski, CPPO, CPPB

Purchasing Coordinator

PUBLISH: Daily Journal of Commerce, on Friday, September 15, 2017

Albany Democrat-Herald, on Friday, September 15, 2017

WTP-17-02, Vine WTP Improvements SECTION 1


SECTION 1. INTRODUCTION AND BACKGROUND

1.1 INTRODUCTION

The City of Albany (City), Oregon, is requesting proposals from qualified Design-Builders (Contractor)

according to the requirements set forth in this Request for Proposal (RFP) for the design and construction of

WTP-17-02, Vine Water Treatment Plant (WTP) Improvements project. This RFP is issued under the

provisions of the Oregon Revised Statutes Chapters 279A, 279C, and the City Municipal Code public

contracting rules.

The City selected the Design-Build contracting method to provide a direct public benefit and to select a

qualified and experienced Design-Build team that will aid in making design decisions, improve the project

quality, provide faster project completion, and reduce project risk. The City anticipates minimum shutdown

time at the Vine WTP during the design and construction of the project. The City submitted written Findings

to the Albany City Council, acting as the Local Contract Review Board, seeking the exemption from

competitive bidding and approval to use an alternative contracting method, progressive design-build, in

accordance with OAR 137-049-0600 through 137-049-0690. The Findings were approved by the City

Council on March 22, 2017.

Proposals will be reviewed and evaluated using the proposal evaluation and selection process described in

Section 4 of this RFP. The capitalized terms in this RFP have the meanings as first used in the text of this

RFP and as defined below.

Definition of Terms

Contractor – The Design-Builder or other firm (such as a sub contractor or joint-venture partner) who

will provide construction services and have responsible charge of construction of the Project.

Designer – The Design-Builder or other firm (such as a sub consultant or joint-venture partner) who will

provide professional design services and have responsible charge of the design, including preparation of

the construction documents.

Design-Builder – The entity that is selected to enter into the Progressive Design-Build Contract with the

Owner and that will be the single point of accountability to the Owner for delivery of the services and the

Project. The Contractor.

Sample Progressive Design-Build Contract – A sample contract, including the agreement and all of its

attachments, presented as RFP Attachment E (Sample Progressive Design-Build Contract).

Key Personnel – The individuals, employed by Design-Builder or other firms included on the Project

Team, who would fill certain key roles in delivery of the Project and related services by the Design-

Builder, including the following positions: design-build project manager, safety manager, design

manager, and construction manager.

Owner – City of Albany

Project – WTP-17-02, Vine Water Treatment Plant Improvements

Project Team – The Design-Builder, Key Personnel, and any additional firms (such as subcontractors and

sub-consultants) included in the Proposal.

Proposer – The entity responding to this RFP by submitting the Proposal.



Primary components of the project include:

Phase One Work:

o Evaluation of all the existing filter media within the Water Treatment Plant. The Contractor shall

provide a condition report of the filter media which will include an estimate on the remaining

service life of the media.

o Evaluation of existing (wall) conditions in Large Filters 9 and 10 to determine the cause of a

hydraulic connection that has been observed between the two filters.

o Determine cause of hydraulic connection and prepare design to 80% complete for its repair.

o Provide a guaranteed maximum price (GMP) proposal to complete design and repair hydraulic

connection between Large Filters 9 and 10.

Phase Two Work:

o Complete design for repair of leak, construct repair, and complete post-construction tasks (if

GMP is approved by Owner in Phase One).

At completion of the evaluation process, the City of Albany (Owner) will select the highest ranked Proposer

to award or enter into negotiation for award of a Progressive Design-Build Contract (see Attachment E).

This RFP is subject to revision after the date of issuance via written addenda. It is the responsibility of each

Proposer to ensure that they have obtained copies of all RFP addenda prior to submitting its Proposal. In no

event would the Owner be liable for any costs incurred by any Proposer or any other party in developing or

submitting a Proposal.

Additional City information is available at http://www.cityofalbany.net/ and

https://www.cityofalbany.net/departments/public-works.

1.2 BACKGROUND

The City’s Vine Street Water Treatment Plant (WTP) was constructed in 1912 and has had several

expansions and modernizations over subsequent years. South Santiam River water from the Santiam-Albany

Canal is diverted to the plant, where the treatment process includes layers of special media to filter out

pollutants, biological material, and solids. The Vine Street WTP has the capacity to produce as much as 16

million gallons per day but is currently operated at a relatively low production rate to complement

production from the Albany-Millersburg WTP. Production from the Vine Street WTP is anticipated to

increase in the future as Albany grows and demand for water increases. A project vicinity map is included in

Attachment A.

1.2.1 Filter Media

Clarified water flows by gravity to and through four larger filters and six smaller filters residing above a

clearwell. The filter media is comprised of anthracite coal, silica sand, and garnet sand layered on top of

support gravel and underdrains. This project includes completion of a field surveillance of the filter media to

evaluate its performance, determine if it is within specifications, and determine when replacement of the

filter media will be necessary. Locations and sizes of filters are indicated on drawings included in

Attachment A.

1.2.2 Filter Wall Repair

Large filters 9 and 10 were constructed in 1990 and can be operated at a maximum capacity of 2,500 gpm.

All filters are intended to be operated independently of one another. However, there is a hydraulic

connection between filters 9 and 10 most likely caused by a leak in the concrete structure. This project

includes a repair to eliminate the hydraulic connection between filters 9 and 10 so that the filters can operate

independently.

http://www.cityofalbany.net/

https://www.cityofalbany.net/departments/public-works



SECTION 2. SCOPE OF WORK SEE ADDENDUM #1 FOR CLARIFICATION TO THIS SECTION

2.1 GENERAL

The Contractor will be required to provide services in two phases as noted in Section 1.

Phase One Work generally consists of:

Develop the Project execution plan, including Project Schedule through Phase Two.

Evaluate the existing filter media within the Water Treatment Plant. The Contractor shall provide a

condition report of the filter media, which will include an estimate on the remaining service life of

the media.

Evaluate the existing (wall) conditions in Large Filters 9 and 10 to determine the cause of a

hydraulic connection that has been observed between the two filters.

Determine cause of hydraulic connection and prepare design to 80% complete for its repair.

Identify any permitting requirements.

Provide a guaranteed maximum price (GMP) proposal to complete Phase 2 services.

Phase Two Work (if GMP proposal is approved by Owner) generally consists of:

Complete design for repair of leak.

Procure equipment and subcontractors.

Support Owner’s efforts to secure necessary permits.

Construct Project.

Complete post-construction tasks.

Provide warranty coverage.

2.2 ROLES AND RESPONSIBILITIES

2.2.1 Owner

The Owner will cooperate with the Design-Builder and will fulfill its responsibilities in a timely manner to

facilitate the Design-Builder’s timely and efficient performance of services. Owner responsibilities include:

Review submissions and provide comments to Design-Builder.

Furnish existing data and information regarding the Project.

Provide adequate funding.

Provide access to the Project site.

Provide necessary data and inputs for Project startup and performance testing.

2.2.2 Design-Builder

The Design-Builder will cooperate with the Owner and will provide in a timely manner the Phase One and

Phase Two services necessary to complete the Project scope specified in this RFP. Design-Builder

responsibilities include:

Phase One Services.

Phase Two Services (if GMP Proposal is approved by Owner).

Preparation of design and construction documents.

Supervise subcontractors and Design-Builder personnel.

Maintain site security.

Conduct performance testing.

Implement quality-management procedures.

Implement Project health and safety practices.



2.3 PHASE ONE DESIGN-BUILD SERVICES

The Contractor will need to perform a thorough on-site review of the existing conditions. The City will

provide the Contractor with any available project materials and available information the Contractor

identifies would be beneficial. Phase One services shall be in accordance with any applicable federal, state,

and City legal requirements. Services anticipated should include, but not be limited to, the following:

Collect and review all data necessary for the design of the project.

Coordinate and conduct meetings with City staff as needed and required.

Coordinate work and related project issues with the City.

Prepare an overall design and construction master project schedule.

Conduct site inspections as necessary.

Design shall be in accordance with the City’s Standard Construction Specifications, Engineering

Standards, City’s Building Department requirements, other agency requirements, and City comments

made during the review.

Prepare plans as needed and as-builts for the project. Drawings shall be prepared using the

AutoCAD Civil3D 2013 computer format. The City’s bid documents are half-size 11x17 inches.

The City reserves the right to initiate conferences with the Contractor to review work in progress at

any time. At a minimum, regular project meetings shall be arranged by the Contractor at all

significant project milestones.

Complete Filter Media Analysis and Report

The City will make available to the Contractor any and all relevant project documents as requested. At all

times, the City will do its utmost to provide timely responses regarding all project issues and questions that

might arise.

2.4 PHASE TWO DESIGN-BUILD SERVICES

If approved by City, Phase Two shall include all services required to finalize the design and construct leak

repair in accordance with the final plans and specifications, including but not limited to the following:

Attend a pre-construction meeting and follow-up meetings as necessary.

Attend weekly project progress meetings, as necessary for coordinating overall project progress with

the City.

Review project shop drawings and submittals.

Provide any necessary technical construction inspection.

Conduct all necessary quality control and quality assurance testing.

Keep daily inspection logs.

Proactively address issues as they arise during construction of the improvements. Enforce and

defend contract documents, construction drawings, and specifications.

Review and respond to any design interpretation requests submitted by the Contractor.

Coordinate testing and secure permits required by building codes and the City Building Department.

Produce computer-based AutoCAD as-built drawings and provide digital file copies to the City. As-

built drawings shall be 11x17 inches.

Conduct final inspection and prepare a completion punch list for the improvements.

2.5 INDIVIDUAL TASK SCOPE

2.5.1 Filter Media Analysis

The sizes, locations, and composition of the existing filter beds are included in Attachment A.



The Contractor is responsible for taking a sample from each filter and preparing an analysis of that

media.

That analysis and report shall include:

o General visual filter inspection, including interior wall cleanliness and mud ball formation

o Visual inspection of media for mounding and any depressions/holes that may indicate an

underdrain problem

o Check filter bed expansion

o Perform surface mapping of support gravel beds, to indicate any displacement

o Check freeboard measurements

o Coring of media to facilitate appropriate testing

o Flocculation Retention Testing

o Sieve Analysis for Sand, Anthracite or Carbon

o Record sand and Anthracite media bed depths

o Record interface between filter medias

o Backwash filter and check for rooster tailing, media boiling or other characteristics

o Perform Backwash Turbidity Profile Sampling

o Visual inspection of Surface Wash

o Provide City with a complete report on the findings of the inspection

o Report shall include an estimated remaining service life of the filter media and any

recommendations to lengthen that service life

A Lump Sum price to complete the work shall be included in proposal. See Attachment F.

2.5.2 Evaluation of Leak

Evaluation of the leak in the wall shall be made on a time and materials basis. It shall include all

work necessary to evaluate the leak, including accessing the leak and protecting the existing filter

media. This may require complete removal of the filter media and related appurtenances.

Filters 9 and 10 can be isolated from the rest of the plant for Construction. If an entire plant

shutdown is required for any of the work, the Contractor should obtain City approval a minimum

of 3 (three) business days in advance.

A Lump Sum price to remove/protect/replace the filter media in order to complete the evaluation

shall be included in each proposal. See Attachment G.

The results of the filter media analysis shall be provided to the City prior to starting the Filter

Wall investigation and repair.

The filter wall repair will require the removal and protection of existing filter media, potentially

the removal of drainage tile, and potentially the cutting of the wall to a collection trough next to

the wall prior to investigating the leak. A detail of the wall to be repaired is included in

Attachment A.

The contractor shall maintain records in such a manner as to provide a clear distinction between

direct cost of the filter wall repair work paid for on a time and materials basis and costs of other

operations paid for under lump sum prices in the contract documents.

Work completed on a time and material basis shall be in accordance with City of Albany

Standard Construction Specifications Section 104.06.00. The contractor shall keep daily reports,

and provide them to the City’s Engineer, or their designee for review. Markups, Profit, and

Overhead on work completed on a Time and Material basis shall be in accordance with City of

Albany Standard Construction Specifications Section 109.06.02.



Upon completion of the evaluation of the leak, the Contractor shall provide an 80% design with a

cost estimate to complete the design, make the repair, and complete post-construction tasks. The

cost estimate shall constitute the guaranteed maximum price (GMP) proposal for Phase 2 work.

The Design provided by Contractor will become the property of the City.

The City shall review the 80% design and GMP proposal. Notice to Proceed will be issued to the

Contractor if the City approves the GMP proposal. If the City chooses not to approve the GMP

proposal, the Contractor will restore the filter(s) to its previous state.

It is at the City’s discretion to complete the repair or to cancel the work if doing so is in the best

interest of the City. No additional compensation shall be provided to the Contractor if the City

chooses not to move forward with Phase 2 work. The City reserves the right to use the Design

provided by the Contractor even if the City chooses not to move forward with Phase 2 work. If

the City does not approve of the repair cost estimate, the City reserves the right to allow another

Contractor to complete the construction.



SECTION 3. PROCUREMENT PROCESS REQUIREMENTS AND CONDITIONS SEE ADDENDUM #1 FOR CLARIFICATION TO THIS SECTION

3.1 CLOSING DATE AND SUBMITTAL ADDRESS OF PROPOSAL

Each Proposer should provide five (5) copies of their Proposal with one copy marked “ORIGINAL.”

Proposals must be received in a sealed envelope referencing “WTP-17-02, Vine WTP Improvements” no

later than 2:00 p.m., (local time), Tuesday, October 17, 2017, at the City of Albany Parks & Recreation

counter, addressed to the City of Albany, Attention: Diane M. Murzynski, CPPO, Purchasing Coordinator,

Finance Department, 333 Broadalbin Street SW, Albany, OR 97321.

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

Telephone, facsimile, or electronically transmitted Proposals will not be accepted. Proposals received after

the closing date and time will not be opened or reviewed.

3.2 SUBMISSION FORMAT

Proposals should be printed double-sided and prepared in a simple, economical manner, without stiff binders

or covers, fastened in the top left-hand corner, with the sections tabbed to match those in the RFP, and with

all pages numbered within each section. The Proposal should be prepared succinctly, providing a

straightforward, concise description of the Proposer’s ability to meet the requirements of the RFP. There

should be no unnecessary attachments or exhibits. City reserves the right to reject Proposals that are deemed

illegible or too difficult to read.

3.3 PROPOSER REQUESTS INTERPRETATION OF RFP DOCUMENTS

1. Proposers shall promptly notify the City of any ambiguity, inconsistency, or error, which they may

discover upon examination of the Proposal Documents.

2. Proposers requiring clarification or interpretation of the Proposal Documents shall send by email a

written request for same to the Project Manager, Nolan Nelson, as noted below in Section 3.4, Inquiries.

3. The City shall make interpretations, corrections, or changes to the Proposal Documents in writing by

published Addenda. Interpretations, corrections, or changes to the Proposal Documents made in any

other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and

changes.

4. Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be

furnished hereunder or the interpretation of the provisions of this solicitation, the decision of the City of

Albany shall be final and binding upon all parties.

5. To the maximum extent allowed by law, the City may waive proposal/bid irregularities or strict

compliance with any requirement herein if it concludes such action to be in its best interest.

3.4 INQUIRIES

Questions arising prior to the proposal deadline shall be addressed to Nolan Nelson, Civil Engineer III, and

sent by email to [email protected]. For questions regarding the procurement process, contact

Diane Murzynski, CPPO, CPPB, Purchasing Coordinator, at 541-917-7522, or email

[email protected]. All questions must be submitted in writing and both questions and

answers will be posted on the City’s website in the form of an addendum. Addenda will also be provided to

all Proposers who have requested their firm be added to the City’s Interested Proposer’s list for this RFP.

No contact with Owner staff, board members, or any public official concerning the Project during the

procurement process is allowed. A violation of this provision may result in disqualification of Proposer.




3.5 PROCUREMENT AND PROJECT TIMELINE

The City anticipates the following general timeline for receiving and evaluating the proposals, selecting a

Contractor, and completing contract negotiations.

Advertise RFP September 15, 2017

Optional Pre-Proposal Site Meeting September 26, 2017

Last Date for Changes or Solicitation Protests October 5, 2017, 12:00 p.m.

Last Date for Addenda October 12, 2017, 12:00 p.m.

Proposals Due October 17, 2017, 2:00 p.m.

Proposal Evaluation & Optional Interviews October 17 - October 24, 2017

Notice of Intent to Award October 25, 2017

Begin Contract Negotiations October 25, 2017

Protest Period Ends November 6, 2017, 12:00 p.m.

City Council Award December 6, 2017

Issue Notice of Award December 7, 2017

Design and Construction Window December 2017 - April 2018

Ultimate Completion Date May 1, 2018

At the City’s discretion, the above timeline is subject to change.

3.6 OPTIONAL PRE-PROPOSAL SITE MEETING SEE ADDENDUM #1 FOR ADDITIONAL

INFORMATION

The Vine WTP is a locked facility; in order to provide access to Interested Proposers an optional meeting is

scheduled at the Vine WTP located at 300 Vine Street SW, Albany, Oregon, on Tuesday, September 26,

2017, 3:00 p.m. to 4:00 p.m.

3.7 CHANGES TO THE SOLICITATION BY CITY ADDENDA

The City reserves the right to make changes to the RFP by written addendum, which shall be issued to all

prospective Proposers known to the City to have received the RFP. A Proposer may request a change in the

RFP by submitting a written request to the address set forth above in Section 3.1. The request must specify

the provision of the RFP in question, and contain an explanation for the requested change. All requests for

changes or additional information must be submitted to the City no later than the date and time designated in

Section 3.5

The City will evaluate any request submitted but reserves the right to determine whether to accept the

requested change. If, in the Purchasing Coordinator’s opinion, additional information or interpretation is

necessary such information will be supplied in the form of an addendum as stated above. Any addenda shall

have the same binding effect as though contained in the main body of the RFP. Oral instructions or

information concerning the scope of work of the project given out by City managers, employees, or agents to

the prospective Proposers shall not bind the City.

A. All addenda, clarification, and interpretations will be posted on the City’s website at

https://www.cityofalbany.net/departments/finance/city-purchasing/bids-rfps-rfqs.

Interested Proposers known by the City to have received a complete set of the proposal documents

will receive notification when additional items are posted.

B. No addenda will be issued later than the date set in the Procurement and Project Timeline, except an

addendum, if necessary, postponing the date for receipt of Proposals, withdrawing the invitation,

http://www.cityofalbany.net/departments/finance/city-purchasing/bids-rfps-rfqs



modifying elements of the proposal resulting from a delayed process, or requesting additional

information and clarification.

C. Each Proposer shall ascertain, prior to submitting a Proposal, that the Proposer has received all

addenda issued, and receipt of each addendum shall be acknowledged in the appropriate location on

each addendum and included with the Proposal submittal.

3.8 CANCELLATION AND LATE PROPOSALS

The City reserves the right to cancel award of this contract at any time before execution of the contract by

both parties if cancellation is deemed to be in the City’s best interest. In no event shall the City have any

liability for the cancellation of award.

All Proposals that are not received by the deadline stated in Section 3.5 will be considered late. Delays due

to mail and/or delivery handling, including, but not limited to delays within City’s internal distribution

systems, do not excuse the Proposer’s responsibility for submitting the Proposal to the correct location by the

stated deadline.

3.9 DISPUTES

In case of any doubt or differences of opinions as to the items or service to be furnished hereunder, or the

interpretation of the provisions of the RFP, the decision of the City shall be final and binding upon all

parties.

3.10 PROPOSER’S REPRESENTATION

Proposers, by the act of submitting their Proposals, represent that:

A. They have read and understand the Proposal Documents and their Proposal is made in accordance

therewith;

B. They have familiarized themselves with the local conditions under which the work will meet their

satisfaction; and

C. Their Proposal is based on the requirements described in the Proposal Documents without exception

(unless exceptions are clearly stated in the response).

3.11 CONDITIONS OF SUBMITTAL

By the act of submitting a response to this Request for Proposals, the Proposer certifies that:

A. The Proposer and each person signing on behalf of any Proposer certifies, and in the case of a sole

proprietorship, partnership or corporation, each party thereto certifies as to its own organization,

under penalty of perjury, that to the best of their knowledge and belief, no elected official, officer,

employee, or person, whose salary is payable in whole or in part by the City, has a direct or indirect

financial interest in the Proposal, or in the services to which it relates, or in any of the profits thereof

other than as fully described in the Proposer's response to this solicitation.

B. The Proposer has examined all parts of the Request for Proposal, including all requirements and

contract terms and conditions thereof, and, if its Proposal is accepted, the Proposer shall accept the

contract documents thereto unless substantive changes are made in same without the approval of the

Proposer.

C. The Proposer, if an individual, is of lawful age; is the only one interested in this Proposal; and that no

person, firm, or corporation, other than that named, has any interest in the Proposal, or in the

proposed contract.

D. The Proposer has quality experience providing the required services.



E. The Proposer has examined the scope of services and conditions thoroughly and can provide the

appropriate insurance, deposits, and bonds.

F. The Proposer can meet any and all registration and certification requirements as set forth and required

by the Oregon Revised Statutes and this RFP.

3.12 SOLICITATION PROTESTS

A protest of any provision in this RFP must be made in writing and directed to the Purchasing Coordinator at

the address listed in the RFP and shall be received no later than the date listed in Section 3.5. Any protest

must address the requirement, provision or feature of this RFP or its attachments, that the Proposer believes

is ambiguous, unclear, unfair, contrary to law or likely to limit competition. Such submittals will be reviewed

upon receipt and will be answered in writing. No such protests or requests will be considered if received

after the deadline. No oral, telegraphic, telephone protests or requests will be accepted.

3.13 COST OF RFP AND ASSOCIATED RESPONSES

This RFP does not commit the City to paying any costs incurred by any Proposer in the submission or

presentation of a Proposal, or in making the necessary studies for the preparation thereof. Responses to this

solicitation are purely voluntary. Costs incurred in preparation of a response to this RFP shall be the

responsibility of the Proposer.

3.14 REJECTION OF PROPOSALS

The City reserves the right to reject any or all Proposals received as a result of this request. Proposals may

be rejected for one or more of the following reasons, including but not limited to:

1. Failure of the Proposer to adhere to one or more of the provisions established in this RFP.

2. Failure of the Proposer to submit a Proposal in the format specified herein.

3. Failure of the Proposer to submit a Proposal within the time requirements established herein.

4. Failure of the Proposer to adhere to ethical and professional standards before, during, or following the

Proposal process.

The City may reject any Proposal not in compliance with all prescribed public procurement procedures and

requirements and may reject for good cause any or all Proposals upon a finding of the City that it is in the

public interest to do so.

3.15 CITY REQUESTS CLARIFICATION AND REVISIONS

A. The City reserves the right to obtain clarification of any point in a Proposal or to obtain additional

information necessary to properly evaluate a particular Proposal. Failure of a Proposer to respond to

such a request for additional information or clarification could result in a finding that the Proposer is

nonresponsive and consequent rejection of the Proposal.

B. The City may obtain information from any legal source for clarification of any Proposal or for

information on any Proposer. The City need not inform the Proposer of any intent to perform

additional research in this respect or of any information thereby received.

C. The City may perform, at its sole option, investigations of the responsible Proposer. Information may

include, but shall not necessarily be limited to credit history, recent financial statements, current

litigation, bonding capacity and related history, and contacting references. All such documents, if

requested by the City, become part of the public records and may be disclosed accordingly.

D. The City reserves the right to request revisions of proposals after the submission of proposals and

before award. The City reserves the right to investigate references including customers other than

those listed in the Proposer’s submission. Investigation may include past performance with respect to

its successful performance of similar projects, conformance to Owner’s budget, compliance with

specifications and contractual obligations, its completion or delivery of a project on schedule, and its

lawful payment to employees and workers or other criteria as determined by the City.



E. The City reserves the right to negotiate schedule, fees, and other matters that affect cost or quality

with the successful proposer.

3.16 MODIFICATION OR WITHDRAWAL OF PROPOSAL BY PROPOSER

A. A Proposal may not be modified, withdrawn, or canceled by the Proposer for 120 calendar days

following the time and date designated for the receipt of Proposals.

B. Proposals submitted early may be modified or withdrawn only by notice to the City Purchasing

Coordinator, at the Proposal submittal location, prior to the time designated for receipt of Proposals.

Such notice shall be in writing over the signature of the Proposer. All such communications shall be

so worded as not to reveal the amount of the original Proposal or any other material contents of the

original Proposal.

C. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals

provided that they are then fully in conformance with these Instructions to Proposers.

3.17 PROPOSAL OWNERSHIP/PUBLIC INFORMATION

All Proposals submitted become and remain the property of the City and, as such, are considered public

information and subject to public disclosure within the context of the federal Freedom of Information Act

and Oregon Revised Statutes (ORS) 192.501 and ORS 192.502, public records exempt from disclosure.

Unless certain pages or specific information are specifically marked “proprietary” and qualify as such within

the context of ORS 192.501 and ORS 192.502, the City shall make available to any person requesting

information through the City's processes for disclosure of public records, any and all information submitted

as a result of this solicitation without obtaining permission from any Proposer to do so after the Notice of

Intent to award has been released.

3.18 INDEPENDENT CONTRACTOR – (ORS 670.600)

The Proposer shall provide all labor, equipment, material, and supervision necessary to perform the scope of

services described in this RFP. The parties intend that Proposer, in performing the services specified in this

contract, shall act as an independent contractor and shall have the control of the work and the manner in

which it is performed. Proposer is not considered an agent or employee of the City and is not entitled to

participate in any pension plan, insurance, bonus, or similar benefits the City provides its employees.

3.19 PROTEST OF AWARD

A Proposer may protest the award of a contract or the intent to award such a contract, whichever occurs first,

if the following conditions are satisfied: (1) The Proposer must be adversely affected because the Proposer

would be eligible to be awarded the contract in the event the protest is successful; (2) The reason for the

protest is that all the lower bids or higher ranked Proposals are nonresponsive; (3) The City has failed to

conduct the evaluation of Proposals in accordance with the criteria or processes described in the Solicitation

Document; (4) The City has abused its discretion in rejecting the protester's bid as nonresponsive; (5) The

City’s evaluation of the Proposals or the subsequent determination of award is otherwise in violation of OAR

137-049-0450.

The Proposer must deliver the written protest to the Purchasing Coordinator within ten days after issuance of

Notice of Intent to Award. A Proposer’s written protest shall specify the grounds for protest. The City shall

not consider a Proposer’s contract award protest submitted after the above timeline. Protests not filed within

the time specified or which fail to cite the specific law, rule, regulation, or procedure upon which the protest

is based, shall be dismissed



SECTION 4. PROPOSAL EVALUATION PROCESS AND SELECTION CRITERIA

4.1 GENERAL INFORMATION

In responding to this Request for Proposals (RFP), Contractor shall indicate their general interest in the

project, overall approach to the work required, and expertise and background, and shall identify the key

members of the project team, including any contractors, subcontractors, consultants, and sub consultants. In

addition, the Contractor is asked to provide detailed information regarding the project in order to

demonstrate their specific understanding of the project and the knowledge base and experience the firm

brings to properly execute the work required. This demonstration of abilities and capabilities should include

a description of the intended project approach, including a project schedule.

Based on the submitted information, a Contractor will be selected using the criteria indicated in this RFP,

and a contract will be negotiated. For general reference and information, the City’s standard agreement to

furnish consulting and construction services is included in Attachment E. This attachment provides the basic

contractual language to be negotiated and finalized with the successful Contractor.

4.2 PROPOSAL EVALUATION

Each proposal will be judged on its completeness and quality of its content. Refer to this section, which

provides the evaluation criteria and the evaluation scoring that will be used. The City reserves the right to

reject any or all proposals and is not liable for any costs the Consultant incurs while preparing or presenting

the proposal. All proposals will become part of the public file, without obligation to the City. Upon the

completion of the evaluations, the City intends to negotiate a contract with that Consultant whose proposal is

deemed to be most advantageous to the City.

The Proposals will be reviewed and evaluated by the Owner’s selection committee according to the

requirements and criteria outlined in this RFP. During the Proposal evaluation process, written questions or

requests for clarification may be submitted to one or more Proposers regarding its Proposal or related

matters. Failure to respond in a timely manner to any such questions or requests may be grounds for

elimination of the Proposer from further consideration. At the City’s option, if unable to make a selection

after evaluating the proposals, optional interviews may be conducted with all or a select few of the

Proposers.

4.3 PROPOSAL MINIMUM REQUIREMENTS AND RESPONSIVENESS

Each proposal must include, at a minimum, the items identified in Section 4.4 and further described in this

section, as applicable. Each Proposal will be reviewed to determine whether it is responsive to the RFP.

Failure to comply with the requirements of this RFP may result in a Proposal being rejected as

nonresponsive. At its sole discretion, however, the Owner’s selection committee may waive any such failure

to meet a requirement of this RFP and may request clarification or additional information to remedy a

failure.

4.4 EVALUATION CRITERIA

The goal of the evaluation process is to select a firm believed to best meet the City’s expectations for

background, qualifications, and staff experience capable of providing the needed project services. Each

proposal will be judged as to the extent that it demonstrates the Consultant’s qualifications and

understanding of the services requested and required for a successful project, and the staffing proposed to

meet the project goals and schedule. Evaluation factors and the maximum points to be awarded will be as

follows:



Criteria Maximum Score

Introductory Letter or Cover Sheet Pass/Fail

Project Understanding and Approach 30

Demonstration of Previous Relevant Project Work 20

Proposed Project Team 30

Filter Media Analysis Cost 5

Filter Media Removal, Protection, and Reinstallation Cost 5

Project Schedule 10

TOTAL 100

The City may elect to conduct optional interviews. If conducted, an additional 50 points will be attributed to

the scores.

The City intends to select and negotiate a contract with a Contractor that best meets City expectations for

providing expert project services. Should contract negotiations not be successful with the selected

Contractor, the City intends to negotiate with the next most qualified Contractor.

4.5 EVALUATION CRITERIA DESCRIPTIONS

4.5.1 Introductory Letter (Pass/Fail)

Consultant shall include an introductory letter and expression of interest in the project. Consultant should

indicate a willingness to enter into a contract with the City based on the terms and conditions contained in

the City’s standard contract contained in Attachment E. The introductory letter shall also name the person(s)

authorized to represent the Contractor in any negotiations and the name of the person(s) authorized to sign

any contract that may result. The letter shall be signed by an authorized representative of the Contractor.

4.5.2 Project Understanding and Approach (30 Points)

This evaluation component will allow the City to assess the Contractor’s understanding of the services that

are requested and that need to be provided for a successful project. In that regard, does Contractor present a

clear and concise understanding of the overall project and its objectives based on the available information?

Consultant should list and describe the significant issues and concerns that need to be addressed. Other

potential issues not previously indicated herein should be presented, along with any innovative or unique

solutions. Include various general and/or specific engineering tasks the Contractor believes are important for

prudent management and sequencing of the tasks required for a successful project.

Provide a conceptual description of the Design-Builder’s approach for managing and performing its services

during Phase One and Phase Two of the Project. The following items should be addressed:

Discuss how a collaborative relationship with the Owner would be established.

Describe how your team will facilitate Owner input into completing the basis of design, and how

estimating will be done.

Identify the work components critical to the Project’s success and how these components would be

achieved.

Describe how your team proposes to develop the project Schedule to complete the project through

Phase One and through Phase Two.

Describe the process for developing the GMP (or lump-sum price) proposal (including the amount of

cost contingency) for Phase Two.

Discuss how key risk factors will be identified and addressed.

4.5.3 Demonstration of Previous Relevant Project Work (20 Points)

Contractor shall describe their experience demonstrating the successful completion of related or similar

projects, and should address the following:



Similar projects, by type and location, which have been performed recently that best characterize the

proposed project team’s work quality and successful project results.

Other relevant professional capabilities demonstrated on other engineering projects.

Qualification and commitment to provide construction-related, quality-assurance/quality-control

procedures.

Provide at least three examples of relevant project experience completed within the past five years by the

proposed project team for each project presented as relevant project work in this section. The reference

information requested below should relate to the proposed team members, as well as the Proposing Firm’s:

Agency name, location of project, and year(s) service was provided

Description of the project

A description of the team’s role (prime contractor, subcontractor, consultant, etc)

A list of key staff assigned to project and their role and duration on the referenced project

The total estimated cost of the project

Indicate which type of project delivery method was used (design-bid-build, CMGC, design-build)

4.5.4 Proposed Project Team (30 Points)

A capable, dedicated project team is crucial to any successful project. The Contractor needs to be identified,

along with its full capabilities relevant to the project at hand. The team shall also include and clearly identify

the use and specific tasks to be performed by any subcontractors or sub-consultants. The basic question is

how well the team’s qualifications and experience relate to the requested services.

Proposal should identify any other firms (such as subcontractors and sub-consultants as they may be known)

included on the Project Team along with the Contractor and describe the scope of the Contractor’s and each

firm’s services and responsibilities during Phase One and Phase Two of the Project. The firm(s) serving as

the Designer and the Builder must be clearly identified. Information to be provided includes:

Names of team members (and their firm affiliations) who will be performing the work on this project

and their responsibilities during Phase One and Phase Two of the Project.

Project Manager’s experience with similar projects and interdisciplinary teams.

Qualifications and relevant experience of all team members for all phases of the project.

Qualifications and relevant experience of subcontractors and subconsultants.

It is the City’s expectation that the project team presented in the proposal shall be the team used once the

project is initiated. If unforeseen circumstances require a deviation from the proposed project team, the City

reserves the right to review the proposed replacement. The City will then either approve the change or

request that a different replacement be proposed. If an agreement cannot be reached, the City reserves the

right to terminate the contract.

In lieu of providing resumes, Contractor may submit a completed Key Personnel Information Form provided

as Attachment H.

4.5.5 Filter Media Testing Cost (5 Points)

The Contractor shall provide a lump-sum price to complete the testing described in Section 2.5.1.

Substantiation Form is provided as Attachment F; Contractor shall complete form and include with Proposal.

The evaluation of this criterion will be based upon the differences between the lowest lump sum price

received by Owner as follows:



Low Value 5 Points

Values within 10% of Low Value 4 Points

Values within 25% of Low Value 2 Point


Others 0 Point

4.5.6 Filter Media Removal, Protection, and Reinstallation Cost (5 Points)

The Contractor shall provide a lump-sum price to complete the removal, protection, and reinstallation of the

filter media. Substantiation Form is provided as Attachment G; Contractor shall complete form and include

with Proposal.

The evaluation of this criterion will be based upon the differences between the lowest lump sum price

received by Owner as follows:

Low Value 5 Points

Values within 10% of Low Value 4 Points



Others 0 Point

4.5.7 Project Schedule (10 Points)

Consultant shall prepare and present, as detailed as possible, a project schedule and phasing of the work.

4.5.8 Additional Forms Required with Response Submittal

In addition to the submittals discussed above, the following should also be included with the submittal

Response (see Submittal Checklist):

Letter from Design Builder’s Surety verifying bonding capability

Employee Drug-Testing Program Certification (Attachment B)

Non-Collusion and Conflict of Interest Certification (Attachment C)

Certification of Insurance Requirements (Attachment D)

Key Personnel Information Form (Attachment H)

Addenda - any addenda of this RFP should be submitted as part of the Response.

4.6 SELECTION

The goal of the evaluation process is to select a firm to best meet the City’s expectations for background,

qualifications, and staff experience capable of providing the needed project services. Each Proposal will be

judged as to the extent that it demonstrates the Project Team’s qualifications and understanding of the

services requested and required for a successful project, and the staffing proposed to meet the project goals

and schedule. Evaluation factors and the maximum points to be awarded will be as follows:



Criteria Maximum

Score

1. Introductory Letter Pass/Fail

2. Project Understanding and Approach 30

3. Demonstration of Previous Relevant Project Work 20

4. Proposed Project Team 30

5. Filter Media Analysis Cost (Attachment F) 5

6. Filter Media Removal, Protection, and Reinstallation Cost (Attachment G) 5

7. Project Schedule 10

TOTAL POINTS AVAILABLE 100

4.7 PRICE AGREEMENT NEGOTIATIONS

After the evaluation process is complete, the Owner will notify Proposers of its intent to award to the highest

scoring Proposer. The City will attempt to reach a final agreement, including a detailed scope of work,

project schedule, and fee schedule for Phase One, with the highest scoring Proposer. However, the City

may, in its sole discretion, terminate negotiations and reject the proposal if it appears agreement cannot be

reached. The City may then attempt to reach a final agreement with the second highest scoring Proposer. The

negotiation process may continue in this manner through successive consultants until an agreement is

reached or the City terminates the consultant contracting process (ORS 279C.110).



SECTION 5. CONTRACT REQUIREMENTS

5.1 CONTRACT AWARD

The successful Contractor will be required to enter into a contract with the City. A sample contract is

included as Attachment E. This RFP and the Contractor’s final proposal will be included in and will be a

part of the contract.

5.2 BUREAU OF LABOR AND INDUSTRIES (BOLI) PREVAILING WAGE RATES

This work does require conformance to BOLI Prevailing Wages for public works projects. See Section 6.

5.3 CERTIFICATES OF INSURANCE

The successful Contractor must be covered by Workers’ Compensation Insurance, which will extend to and

include work in Oregon. As listed in the Sample Agreement, see Attachment E, Article VII: Insurance, the

successful Consultant must also submit documents addressing general liability insurance, automobile and

collision insurance, professional liability insurance, and indicate there is no conflict of interest on the part of

the Consultant’s submission of a proposal for the engineering services being solicited under this RFP.

5.4 CONTRACT EXECUTION

Payment for any contract entered into as a result of this RFP will be made monthly upon receipt and

approval of the Consultant’s billing statement for work satisfactorily completed to date, as defined in the

sample Contract. The statement must include a summary of progress made through the billing date. Billings

should not be submitted more frequently than once a month.

The Proposer agrees that if this proposal is accepted a Request for Taxpayer Identification Number and

Certification (W-9 Form) will be completed as a condition of the City’s obligation to make payment. In the

event the Consultant shall fail to complete and return the W-9 Form to the City, payment to Consultant may

be delayed, or the City may, in its discretion, terminate the Contract.

5.5 ACH DIRECT PAYMENT AUTHORIZATION

The City prefers to pay Contractor invoices via electronic funds transfers through the Automated Clearing

House (ACH) network. To initiate this more timely, efficient, and secure payment method, Contractors must

complete the City’s ACH Vendor Direct Payment Authorization Form. This form is available on the City

website at http://www.cityofalbany.net/departments/finance/city-purchasing/purchasing. Information

provided on the form is exempt from public records disclosure under ORS 192.501(27).

5.6 PERFORMANCE SECURITY - PAYMENT AND PERFORMANCE BONDS

ORS 279C.380(1)(a) provides that for Design-Build Contracts, the surety obligations on performance bonds

include the preparation and completion of design and related professional services specified in the Contract.

This additional obligation beyond performance of construction services extends only to the provision of

professional services and related design revisions, corrective work, and associated costs prior to final

completion of the Contract or for such longer time as may be defined in the Contract.

A letter from the Contractor’s surety must be provided to verify the availability of a bond of at least

$500,000 for this Project. The surety must be authorized by law to do business in Oregon and must have an

A.M. Best Company Rating of “A” or better.

5.7 LICENSING AND REGISTRATION – OAR 137-149-0670(5)

No Proposal shall be received or considered unless the Design-Builder is registered with the Construction

Contractors Board for construction projects and be a licensed design professional in Oregon.

http://www.cityofalbany.net/departments/finance/city-purchasing/purchasing



SECTION 6. STATE AND FEDERAL CONTRACTING LAW

6.1. PREVAILING WAGES

All the provisions required by ORS 279C.800 through ORS 279C.870 relating to the payment of prevailing

wage rates for work performed under the Contract with the City shall be complied with.

Each worker in each trade or occupation employed in the performance of this contract either by the

contractor, subcontractor, or other person doing or contracting to do, or contracting for the whole or any part

of the work on this contract, must be paid not less than the applicable state prevailing rate of wage, or the

applicable federal prevailing rate of wage, whichever is higher.

Oregon law requires that the higher of the state prevailing wage rates (PWR) or federal Davis-Bacon rates be

paid to workers on projects subject to both the state PWR law and federal Davis-Bacon Act.

WTP-17-02, Vine WTP Improvements does not use federal funds and does not require Davis-Bacon

rates. Only Oregon BOLI Prevailing Wage Rates apply to this project.

Each year the Oregon Bureau of Labor and Industries (BOLI) publishes two rates publications (and

amendments to both) that are available upon request by calling 971-673-0839 or online at the BOLI website

at:

http://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate-Publications-2017.aspx

Publications that apply to this contract are the July 1, 2017, Prevailing Wage Rates for Public Works

Contracts in Oregon, and the July 1, 2017, PWR Apprenticeship Rates.

Daily/weekly/holiday/weekend overtime must be paid. If a contractor fails to pay for any labor or services,

the City can pay for this labor or services and withhold these amounts from payments due the contractor.

ORS 279C.520; OAR 839-025-0020(2)(b).

Contractors and subcontractors are required to prepare weekly certified payroll reports and statements and

submit them to the City by the fifth business day of each month (ORS 279C.845; OAR 839-025-0010).

Contractor payment will be withheld until the City is in receipt of these certified weekly payroll reports.

Information submitted on certified statements may be used only to ensure compliance with the provisions of

ORS 279C.800 through ORS 279C.870.

6.2. PERFORMANCE, PAYMENT, AND PUBLIC WORKS BONDS

In addition to the required payment bond and performance bond, unless exempt under ORS 279C.836 (7),

(8), or (9), the contractor is required to file a $30,000 Public Works Bond with the Construction Contractor’s

Board to be used exclusively for unpaid wages determined to be due by BOLI. The general contractor is

required to verify that subcontractors, unless exempt, have filed a public works bond before permitting a

subcontractor to start work on a project.

The Statutory Public Works Bond form is available from BOLI upon request or may be downloaded from

http://www.oregon.gov/BOLI/WHD/pages/index.aspx.

6.3. RECIPROCAL PREFERENCE LAW

Oregon’s reciprocal preference law, ORS 279A.120 and ORS 279A.125, requires public contracting

agencies, in determining the lowest responsible bidder, to add a percent increase to each out-of-state bidder’s

bid price that is equal to the percent of preference given to local bidders in the bidder’s home state. That is,

if the low bidder is from a state that grants a 10 percent preference to its own in-state bidders, the Oregon

agency must add 10 percent to that bidder’s price when evaluating the bid.

For details, check Oregon’s Reciprocal Preference Law website at:

https://www.oregon.gov/das/Procurement/Pages/Recippref.aspx

http://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate-Publications-2017.aspx

http://www.oregon.gov/boli/WHD/PWR/docs/July_1_2017_Apprenticeship_rates.pdf

http://www.oregon.gov/BOLI/WHD/pages/index.aspx

https://www.oregon.gov/das/Procurement/Pages/Recippref.aspx



Bidders in need of any assistance in the application of this law should call the State Procurement Office at

503-378-4642, or contact them at State of Oregon - Department of Administrative Services, State

Procurement Office, 1225 Ferry Street SE, U-140, Salem, OR 97301-4285.

6.4. AFFIRMATIVE ACTION/NONDISCRIMINATION

By submitting a bid/proposal, the Bidder/Proposer agrees to comply with the Fair Labor Standards Act

(FLSA); Title VII of the Civil Rights Act of 1964; Executive Order 11246, (as amended); Fair Employment

Practices; Equal Employment Opportunity Act; Section 503 of the Rehabilitation Act of 1973, as amended;

Vietnam Era Veterans' Readjustment Assistance Act of 1974; Americans with Disabilities Act; Age

Discrimination in Employment Act of 1967 (ADEA); and Oregon Revised Statutes (ORS). By submitting a

bid/proposal, the Bidder/Proposer specifically certifies, under penalty of perjury, that the Bidder/Proposer

has not discriminated against minority, women, or emerging small business enterprises in obtaining any

required subcontracts.

If the contract is awarded on the basis of the contractor’s certification as a Disadvantaged Business

Enterprise (DBE), Minority/Women Business Enterprise (MWBE) and Emerging Small Business (ESB)

certifications (collectively known as MWESBs), the contractor must remain certified during the entire term

of the contract. Contractors must include a similar provision in any subcontracts for the project.

6.5. LICENSE REQUIRED FOR ASBESTOS ABATEMENT PROJECT

This contract does not require the contractor or subcontractor to be licensed under ORS 468A.720, regarding

asbestos abatement.

6.6. CONSTRUCTION AND DEMOLITION DEBRIS / YARD WASTE MATERIALS - ORS 279C.510

The contractor is responsible for:

1. Salvaging or recycling construction and demolition debris, if feasible and cost-effective.

2. Composting or mulching yard waste material at an approved site, if feasible and cost-effective.

6.7. PROVISIONS CONCERNING ENVIRONMENTAL AND NATURAL RESOURCES LAWS

Contractor is responsible to abide by ORS 279C.525 regarding enacted ordinances, rules, or regulations as

set forth by the Albany Municipal Code, Oregon Department of Environmental Quality, Department of State

Lands, Environmental Protection Agency, and/or the US Army Corps of Engineers, or any other federal,

state, and local agency, in regards to the prevention of environmental pollution and preservation of natural

resources.

6.8. PAYMENT, CONTRIBUTIONS, LIENS, WITHHOLDING - ORS 279C.505

The contractor shall:

1. Make payment promptly, as due, to all persons supplying to the contractor labor or material for the

performance of the work provided for in this contract.

2. Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor

incurred in the performance of the contract.

3. Not permit any lien or claim to be filed or prosecuted against the City on account of any labor or

material furnished.

4. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167



6.9. PAYMENT OF CLAIMS BY PUBLIC OFFICERS, PAYMENT TO PERSONS FURNISHING

LABOR OR MATERIALS AND COMPLAINTS - ORS 279C.515; OAR 839-025-0020(2)(a)

1. If the Contractor fails, neglects, or refuses to pay promptly a person’s claim for labor or services that the

person provides to the Contractor or a sub-contractor in connection with this contract as the claim

becomes due, the City may pay the amount of the claim to the person that provides the labor or services

and charge the amount of the payment against funds due or to become due the Contractor by reason of

this contract.

2. If the Contractor or a first-tier sub-contractor fails, neglects, or refuses to pay a person that provides

labor or materials in connection with this contract within 30 days after receiving payment from the City

or Contractor, the Contractor or first-tier sub-contractor owes the person the amount due plus interest

charges that begin at the end of the 10-day period within which payment is due under ORS 279C.580 (4)

and that end upon final payment, unless payment is subject to a good faith dispute as defined in ORS

279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may

not be waived.

3. If the Contractor or a subcontractor fails, neglects, or refuses to pay a person that provides labor or

materials in connection with the public improvement contract, the person may file a complaint with the

Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in ORS

279C.580.

6.10. CONTRACTOR’S RELATIONS WITH SUBCONTRACTORS - ORS 279C.580(3)(4)

Contractor is required to include in each subcontract for property or services the contractor enters into with a

first-tier subcontractor, including a material supplier, for the purpose of performing a construction contract:

1. A payment clause that obligates the contractor to pay the first-tier subcontractor for satisfactory

performance under the subcontract within 10 days out of amounts the City pays to the contractor under

this contract.

2. A clause that requires the contractor to provide a first-tier subcontractor with a standard form that the

first-tier subcontractor may use as an application for payment or as another method by which the

subcontractor may claim a payment due from the contractor.

3. A clause that requires the contractor, except as otherwise provided in this paragraph, to use the same

form and regular administrative procedures for processing payments during the entire term of the

subcontract. A contractor may change the form or the regular administrative procedures the contractor

uses for processing payments if the contractor:

a. Notifies the subcontractor in writing at least 45 days before the date on which the contractor makes

the change; and

b. Includes with the written notice a copy of the new or changed form or a description of the new or

changed procedure.

4. An interest penalty clause obligating the Contractor, if the contractor does not pay the first-tier

subcontractor within 30 days after receiving payment from the City, to pay the first-tier subcontractor an

interest penalty on amounts due in each payment the Contractor does not make in accordance with the

payment clause included in the subcontract under paragraph (1.) above. A contractor or first-tier

subcontractor is not obligated to pay an interest penalty if the only reason that the contractor or first-tier

subcontractor did not make payment when payment was due is that the contractor or first-tier

subcontractor did not receive payment from the City or Contractor when payment was due. The interest

penalty applies to the period that begins on the day after the required payment date and that ends on the

date on which the amount due is paid and is computed at the rate specified in ORS 279C.515(2).

5. A clause shall be included in each of the Contractor’s subcontracts requiring the first-tier subcontractor

to include a payment clause and an interest penalty clause that conforms to the standards of this sub-

section, paragraphs 1-4 above, in each of the first-tier subcontractor's subcontracts and to require each of

the first-tier subcontractor's subcontractors to include such clauses in the first-tier subcontractors'

subcontracts with each lower-tier subcontractor or supplier.



6. A mandate that all subcontractors, if they were awarded a subcontract on the basis of certification as a

disadvantaged, minority-owned, women-owned, or emerging small business enterprise, to maintain

certification through the term of the contract.

6.11. CONDITION CONCERNING HOURS OF LABOR - ORS 279C.520

Any worker employed by the Contractor may not be employed for more than 10 hours in any one day, or 40

hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires

it, the employee shall be paid at least time and a half pay as follows:

1. For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work

week is five consecutive days, Monday through Friday; or for all overtime in excess of 10 hours in any

one day or 40 hours in any one week when the work week is four consecutive days, Monday through

Friday; and

2. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.

Contractor must give notice in writing to employees, who work on a public contract, 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.

6.12. TIME LIMITATION ON CLAIM FOR OVERTIME - ORS 279C.545

Any worker employed by the Contractor shall be foreclosed from the right to collect for any overtime

provided in ORS 279C.540 unless a claim for payment is filed with the Contractor within 90 days from the

completion of the contract, providing the contractor has:

1. Caused a circular clearly printed in boldfaced 12-point type and containing a copy of ORS 279C.545 to

be posted in a prominent place alongside the door of the timekeeper’s office or in a similar place that is

readily available and freely visible to workers employed on the work; and

2. Maintained the circular continuously posted from the inception to the completion of the contract on

which workers are or have been employed.

6.13. CONDITION CONCERNING PAYMENT OF MEDICAL CARE AND PROVIDING WORKERS’

COMPENSATION - ORS 279C.530

1. Contractor shall promptly, as due, make payment to any person, co-partnership, association or

corporation furnishing medical, surgical, and hospital care services or other needed care and attention,

incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to

pay for the services and all moneys and sums that the contractor collected or deducted from the wages of

employees under any law, contract or agreement for the purpose of providing or paying for the services.

2. All subject employers working under this Contract shall comply with ORS 656.017 and provide the

required Workers’ Compensation coverage unless such employers are exempt under ORS 656.126.

Contractor shall ensure that each of its subcontractors complies with these requirements.

WTP-17-02, Vine WTP Improvements ATTACHMENT A

Request for Proposals for Design-Builder Services Page A-1

ATTACHMENT A – PROJECT BACKGROUND DOCUMENTS

Owner-provided PDF copies of the following documents related to Project WTP-17-02, Vine WTP

Improvements are posted with the RFP on https://www.cityofalbany.net/departments/finance/city-

purchasing/bids-rfps-rfqs).

Vicinity Map

Site Plan (A1), Location of Leak (A2), Locations and Sizes of Filters (A3)

As-Built Structural Detail of Leaking Filter (S403, S404, S406)

https://www.cityofalbany.net/departments/finance/city-purchasing/bids-rfps-rfqs

https://www.cityofalbany.net/departments/finance/city-purchasing/bids-rfps-rfqs

WTP-17-02, Vine WTP Improvements ATTACHMENT B

Request for Proposals for Design-Builder Services Page B-1

ATTACHMENT B – EMPLOYEE DRUG TESTING PROGRAM CERTIFICATION

ORS 279C.505 (2) requires that bidders shall demonstrate and disclose to the City of Albany that he/she has an

employee drug testing program in place before a public contract can be awarded.

Therefore, by signing this Certification, the Bidder does hereby certify and confirm that, as the proposed general

contractor for City of Albany Project WTP-17-02, Vine Water Treatment Plant Improvements that he/she has an

employee drug-testing program in place that is consistent with, and satisfies the intent of, the above-referenced

legislation.

CONTRACTOR:

BY:

TITLE:

DATE:

WTP-17-02, Vine WTP Improvements ATTACHMENT C

Request for Proposals for Design-Builder Services Page C-1

ATTACHMENT C – NON-COLLUSION AND CONFLICT OF INTEREST CERTIFICATION

The undersigned hereby proposes and, if selected, agrees to furnish design and construction services in accordance

with this Request for Proposals, and Addenda, if applicable, for the term of the Agreement and certifies that the

Proposer is not in any way involved in collusion and has no known apparent conflict of interest in submitting a

Proposal.

Certifications

Non-Collusion The undersigned Proposer hereby certifies that it, its officers, partners, owners, providers,

representatives, employees and parties in interest, including the affiant, has not in any way colluded, conspired,

connived or agreed, directly or indirectly, with any other Proposer, potential Proposer, firm or person, in connection

with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s)

of other Proposers or potential Proposers, or to secure through any unlawful act an advantage over other Proposers or

the City. The fees, prices, and Response submitted herein have been arrived at in an entirely independent and lawful

manner by the Proposer without consultation with other Proposers or potential Proposers or foreknowledge of the

prices or Responses to be submitted in response to this solicitation by other Proposers or potential Proposers on the part

of the Proposer, its officers, partners, owners, providers, representatives, employees or parties in interest, including the

affiant.

Discrimination The undersigned Proposer has not discriminated and will not discriminate against any minority,

women or emerging small business enterprise or against a business enterprise that is owned or controlled by or that

employs a disabled veteran in obtaining a required subcontract.

Conflict of Interest The undersigned Proposer and each person signing on behalf of the Proposer certifies, and in the

case of a sole proprietorship, partnership, or corporation, each party thereto certifies as to its own organization, under

penalty of perjury, that to the best of their knowledge and belief, no member of the City Council, officer, employee, or

person, whose salary is payable in whole or in part by the City, has a direct or indirect financial interest in the award of

this Response, or in the services to which this Response relates, or in any of the profits, real or potential, thereof,

except as noted otherwise herein. The undersigned hereby submits this Response to furnish all work, services, systems,

materials, and labor as indicated herein and agrees to be bound by the following documents: Request for Proposals,

Addenda, Agreement, Exhibits and Attachments, and associated inclusions and references, specifications, Proposer’s

response, mutually agreed clarifications, appropriately priced change orders, exceptions which are acceptable to the

City, and all other Proposer’s submittals.

Proposer must disclose any apparent or perceived conflict of interest, including but not limited to, current or past

relationships with consultants, contractors, subcontractors, or engineers associated with this Project. Furthermore,

Proposer must disclose any current or past relationship as a City of Albany employee. If a perceived conflict may exist,

then attach a letter of explanation disclosing the potential conflict or relationship.

Disadvantaged, Minority, Emerging Small Business (DMESB) (check applicable box): Yes No

Reciprocal Preference Law – Residency (check box that applies): Resident Proposer Non-Resident

Proposer

Signature Block

The Proposer hereby certifies that the information contained in these certifications and representations is accurate,

complete, and current.

Proposer’s Name Telephone Number

Mailing Address, City, State, Zip Tax Id Number/Social Security Number

Facsimile Number Email Address

Signature Date

WTP-17-02, Vine WTP Improvements ATTACHMENT D

Request for Proposals for Design-Builder Services Page D-1

ATTACHMENT D – CERTIFICATION OF INSURANCE REQUIREMENTS SEE ADDENDUM #1 FOR CHANGES TO THIS SECTION

Contractor shall at all times maintain in force at Contractor’s expense for insurance noted below.

Workers’ Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers’

compensation coverage in accordance with ORS Chapter 656 or CCB (Construction Contractors Board) for all subject workers.

Contractor and all subcontractors of Contractor with one or more employees must have this insurance unless exempt under ORS

656.027. Employer’s Liability Insurance with coverage limits of not less than $500,000 must be included. THIS COVERAGE

IS REQUIRED. If Contractor does not have coverage, and claims to be exempt, Contractor must indicate exemption within

their Bid/Proposal submittal letter with qualified reasons for exemption, see ORS 656.027. Out-of-state Contractors with one

or more employees working in Oregon in relation to this contract must have Workers’ Compensation coverage from a state with

extraterritorial reciprocity, or they must obtain Oregon specific Workers’ Compensation coverage ORS 656.126.

Professional Liability insurance covering any damages caused by error, omission or any negligent acts of the Contractor, its

subcontractors, agents, officers, or employees performance under this Contract. Combined single limit per occurrence shall not

be less than $2,000,000. Annual aggregate limit shall not be less than $3,000,000.

If this box is checked, the limits shall be $1,000,000 per occurrence and $2,000,000 in annual aggregate.

X Required By City Not Required By City (Needs Finance Insurance Review and Approval.)

Commercial General Liability insurance with coverage satisfactory to the City on an occurrence basis. Combined single limit

shall not be less than $2,000,000 per occurrence for Bodily Injury and Property Damage and annual aggregate limit for each

shall not be less than $3,000,000. Coverage may be written in combination with Automobile Liability Insurance (with separate

limits).




Commercial Automobile Liability covering all owned, non-owned, or hired vehicles. This coverage may be written in

combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence shall

not be less than $2,000,000.

If this box is checked, the limits shall be $1,000,000 per occurrence.

If this box is checked, the limits shall be $5,000,000 per occurrence.


Cyber Liability – Technology Errors & Omissions, Information Security & privacy Liability. Coverage shall include limits of not

less than $2,000,000.

Required By City X Not Required By City (Needs Finance Insurance Review and Approval.)

Coverage must be provided by an insurance company authorized to do business in Oregon or rated by A.M. Best’s Insurance Rating of no

less than A-VII or City approval. Contractor’s coverage will be primary in the event of loss.

Contractor shall furnish a current Certificate of Insurance to the City. Contractor shall provide renewal Certificates of Insurance upon

expiration of any of the required insurance coverage. Contractor shall immediately notify the City of any change in insurance coverage.

The certificate shall also state the deductible or retention level. The City must be listed as an Additional Insured by Endorsement of any

General Liability Policy on a primary and non-contributory basis. Such coverage will specifically include products and completed

operations coverage. The Certificate shall state the following in the description of operations: “Additional Insured Form (include the

number) attached. The form is subject to policy terms, conditions and exclusions”. A copy of the additional insured endorsement shall be

attached to the certificate of insurance. If requested complete copies of insurance policies shall be provided to the City.

Certificate holder should be: City of Albany, P.O. Box 490, Albany, OR 97321. Certificates of Insurance can be faxed to the City

Finance Department, Attn: Diane Murzynski, at 541-917-7511.

Contractor’s Acceptance ___________________________ Completed at City by: Diane M. Murzynski

WTP-17-02, Vine WTP Improvements ATTACHMENT E

Request for Proposals for Design-Builder Services Page E-1

ATTACHMENT E – SAMPLE PROGRESSIVE DESIGN-BUILD CONTRACT

STANDARD TERMS AND CONDITIONS

FOR AGREEMENT TO FURNISH CONSULTING AND CONSTRUCTION SERVICES

TO THE CITY OF ALBANY, OREGON

ARTICLE I: SCOPE

For consideration set forth in Article V, the firm of , a professional services

firm, hereinafter referred to as CONSULTANT, agrees to provide construction and consulting services to the City

of Albany, Oregon, a municipal corporation, hereinafter referred to as the CITY, for the improvements described

in the agreement that incorporates these Standard Terms and Conditions and as shown in ATTACHMENT A.

Unless modified in writing as set forth in Article II by the parties hereto, the duties of CONSULTANT and the

CITY shall not be construed to exceed those services and duties specifically set forth in the agreement.

ARTICLE II: MODIFICATIONS

The CITY or CONSULTANT shall not make modifications in the attached agreement or these Standard Terms

and Conditions except in writing as an amendment to the agreement. Said modifications shall be agreed to by both

parties, with scope of work, schedule, and compensation to be negotiated at the time the modification is proposed

by either party. Modifications that do not meet these requirements shall not be binding, and no further

compensation will be allowed for any work performed.

ARTICLE III: RESPONSIBILITIES OF THE CONSULTANT

A. Notice to Proceed. CONSULTANT will not begin work on any of the duties and services listed in Article I

until the CITY directs in writing to proceed. Authorization to proceed on additional services not defined in

Article I shall be in the form of an amendment as defined in Article II.

B. Level of Competence. CONSULTANT is employed to render professional services and shall be responsible,

to the level of competence presently maintained by other practicing professional consulting firms in good

standing and engaged in the same type of professional personal services, for the professional and technical

adequacy and accuracy of designs, drawings, specifications, documents, and other work products furnished

under this agreement.

C. Risk Allocation. CONSULTANT will indemnify the City from any failure to perform, professional errors and

omissions, design warranties, construction operations, and faulty work claims.

D. Warranties. CONSULTANT will warranty that a design will be produced that meets the stated project

performance and budget guidelines.

E. Cost Estimates. Construction and procurement cost estimates to be prepared under this agreement are to be

based upon presently available data. In preparation of these cost estimates, CONSULTANT will apply its

experience and judgment.

F. Document Preparation. CONSULTANT will prepare and furnish all design, bid, and contract documents

necessary for completion of the duties listed in Article I and the construction of the project.

G. Record Drawings Preparation. CONSULTANT will prepare a set of record drawings for the project, which

will include the changes made in materials, equipment, locations, and dimensions of the work.

CONSULTANT will provide one full-size set of record drawings to the CITY.

H. Access to Records. CONSULTANT agrees to preserve and maintain for at least three years after final

payment under this contract, any directly pertinent books, documents, papers, and records generated by or

provided to CONSULTANT in the course of the performance of his duties under the terms of this contract.

CONSULTANT further agrees that the CITY, or any of its duly authorized representatives, shall, during said

period, have access to and the right to audit, examine, and reproduce such records and further agrees to include

the above provision in all subcontracts.



I. Ownership of Documents. Upon completion of this agreement, all design, contract, bid, and record drawings

and documents, including computer disks, shall become the property of the CITY. The CITY will exercise

discretion in any re-use of said documents and agrees to hold harmless CONSULTANT for any application of

documents for any purpose other than the originally intended use.

J. State or Federal Requirements. CONSULTANT covenants and agrees to comply with all of the obligations

and conditions applicable to public contracts pursuant to ORS 279 Chapters A, B, and C, as though each

obligation or condition were set forth fully herein. In addition, if the contract identified above calls for a

public improvement as that term is defined by ORS 279A.010, CONSULTANT further agrees to comply with

all obligations and conditions applicable to public contracts for public improvements pursuant to ORS 279C, et

seq, as though each obligation or condition were set forth fully herein. In addition, CONSULTANT covenants

and agrees that in the performance of its duties hereunder, it will comply with all other state and federal

requirements applicable to the City of Albany for projects of the type in question. This shall includes, but is

not limited to,

K. Oregon Workers’ Compensation Law. CONSULTANT, its subconsultants, if any, and all employers working

under this agreement are subject employers under the Oregon Workers’ Compensation Law and shall comply

with ORS 656.017, which requires them to provide workers’ compensation coverage for all their subject

workers.

L. Oregon Identity Theft Protection Act (OITPA). The CONSULTANT, and its subconsultants, if any, agree to

comply with the Oregon Identity Theft Protection Act (OITPA), ORS Sections 646A.600 through 646A.628.

M. Taxpayer Identification Number. The CONSULTANT agrees to complete a Request for Taxpayer

Identification Number and Certification (W-9 Form) as a condition of the City’s obligation to make payment.

In the event the CONSULTANT shall fail to complete and return the W-9 Form to the City, payment to

CONSULTANT may be delayed, or the City may, in its discretion, terminate the Contract.

ARTICLE IV: RESPONSIBILITIES OF THE CITY

A. Authorization to Proceed. The CITY shall authorize CONSULTANT in writing to proceed prior to

CONSULTANT starting work on any of the services listed in Article I.

B. Access to Records, Facilities, and Property. The CITY shall comply with reasonable requests from

CONSULTANT for inspection or access to the CITY’s records, facilities, and properties.

C. Timely Review. The CITY shall examine all studies, reports, sketches, drawings, specifications, proposals,

and other documents presented by CONSULTANT, obtain advice of an attorney, insurance counselor,

accountant, auditor, and other consultants as CITY deems appropriate for such examination and render in

writing decisions pertaining thereto in a timely manner so as not to unreasonably delay the services of

CONSULTANT.

ARTICLE V: COMPENSATION

CITY agrees to pay for the services in Article I in accordance with the compensation provisions in this agreement.

Payment will be made within 30 days after the receipt of billing for each service rendered during the month. If

payment is not made within 30 days, interest on the unpaid balance will accrue beginning on the 31st day at the

rate of one percent (1%) per month or the maximum interest rate permitted by law, whichever is less. Such

interest is due and payable when the overdue payment is made, unless delay in payment is due to a contested

billing. CITY has the right to appeal or ask for clarification on any CONSULTANT billing within 30 days of

receipt of billing. Until said appeal is resolved or clarification is accepted, no interest will accrue on that portion

of the billing. In the event of a contested billing, only that portion so contested shall be withheld, and the

undisputed portion shall be paid in accordance with this Article V.

ACH Direct Payment Authorization. The CITY prefers to pay invoices via electronic funds transfers through the

Automated Clearing House (ACH) network. To initiate this more timely, efficient, and secure payment method,

CONSULTANT must complete the City’s ACH Direct Payment Authorization Form, available on the CITY



website at http://www.cityofalbany.net/images/stories/finance/eft_form.pdf. Information provided on the form is

exempt from public records disclosure under ORS 192.501(27).

Notwithstanding anything in this agreement to the contrary, the City’s obligation to pay money beyond the current

fiscal year shall be subject to and dependent upon appropriations being made from time to time by the City

Council for such purpose; provided, however, that the City Manager or other officer charged with the

responsibility for preparing the City’s annual budget shall include in the budget for each fiscal year the amount of

the City financial obligation payable in such year and the City Manager or such other officer shall use his/her best

efforts to obtain the annual appropriations required to authorize said payments.

ARTICLE VI: INDEMNIFICATION

CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, and employees,

from and against any and all liability, claims, suits, loss, damages, costs, and expenses arising out of or resulting

from the negligent acts, errors, or omissions of CONSULTANT, its officers, employees, or agents.

ARTICLE VII: INSURANCE

Before the Agreement is executed and work begins, CONSULTANT shall furnish the CITY a Certificate of

Insurance for the coverage and limits set out below, which is to be in force and applicable to the project for the

duration of the contract. The issuing insurance companies must have a minimum current A.M. Best rating of A-VII

or approved by the City. The Certificate must state that any insurance coverage shown cannot be suspended, voided,

canceled by either party, or reduced in coverage or limits without 30 days prior written notice has been given to the

City.

A. Minimum Scope of Insurance:

Coverage shall be at least as broad as:

1. Commercial General Liability: Insurance Services Office (ISO) form CG 0001 with an edition date of 10-

2001 or later, providing Commercial General Liability – Occurrence Form. With CG 25 03 (Amendment

Aggregate Limits of Insurance per Project) or equivalent attached.

2. Automobile Liability: Insurance Services Office (ISO) form CA 0001, providing Business Automobile

Coverage on owned, non-owned and hired vehicles.

3. Workers’ Compensation: Insurance as required by Oregon Revised Statutes and including Employers

Liability Insurance.

4. Professional Liability: Insurance on an occurrence or claims made basis with 24 month extended reporting

period.

B. Minimum Limits of Insurance:

CONSULTANT shall maintain limits no less than:

1. Commercial General Liability: $2,000,000 Each Occurrence

$2,000,000 Personal Injury

$3,000,000 General Aggregate

$3,000,000 Products / Completed Operations Aggregate

The General Aggregate and Products/ Completed Operations Aggregate shall apply separately to this

project.

2. Automobile Liability: $2,000,000 Per Occurrence

3. Employers Liability: $ 500,000 Each Accident

$ 500,000 Disease Aggregate

$ 500,000 Disease Each Employee

4. Professional Liability Insurance: $2,000,000 Per incident / Claim

$2,000,000 Annual Aggregate

http://www.cityofalbany.net/images/stories/finance/eft_form.pdf



5. Deductibles and Self-Insured Retentions:

Any deductible or self-insured retention must be declared to and approved by the CITY. At the option of the

CITY, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the

CITY, its officers, employees and agents; or the CONSULTANT shall procure a bond guaranteeing payment

of losses and related investigations, claim administration, and defense expenses.

C. Other Insurance Provisions:

The policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Clause: The Commercial General Liability insurance coverage required for performance

of this contract shall be endorsed to name CITY OF ALBANY and its officers, agents, and employees as

Additional Insured on any insurance policies required herein with respect to CONSULTANT’S or any

sub-contractor’s activities being performed under the Agreement. The Certificate of Insurance must

include a copy of the Additional Insured endorsement. Coverage shall be primary and non-contributory

with any other insurance and self-insurance.

2. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the

CITY, its officers, employees, or agents.

3. Workers’ Compensation and Employers Liability Coverage: The insurer shall agree to waive, by

endorsement, all rights of subrogation against the City of Albany, its officers, employees, and agents for

losses arising from work performed by the CONSULTANT for the CITY.

ARTICLE VIII: ASSIGNMENT

This agreement is to be binding upon the heirs, successors, and assigns of the parties hereto and is not to be

assigned by either party without first obtaining the written consent of the other. No assignment of this agreement

shall be effective until the assignee assumes in writing the obligations of the assigning party and delivers such

written assumption to the other original party to this agreement.

Use of subconsultants by CONSULTANT or subsidiary or affiliate firms of CONSULTANT for technical or

professional services shall not be considered an assignment of a portion of this agreement, and CONSULTANT

shall remain fully responsible for the work performed, whether such performance is by CONSULTANT or

subconsultants. No subconsultants shall be used without the written approval of the City.

Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the CITY and

CONSULTANT.

ARTICLE IX: INTEGRATION

These terms and conditions and the agreement to which they are attached represent the entire understanding of

CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of

any force or effect with respect to those matters covered herein. The agreement may not be modified or altered

except in writing as specified in Article II.

ARTICLE X: SUSPENSION OF WORK

The CITY may suspend, in writing, and without cause, all or a portion of the work under this agreement.

CONSULTANT may request that the work be suspended by notifying the CITY, in writing, of circumstances that

are interfering with the progress of work. The CONSULTANT may suspend work on the project in the event the

CITY does not pay invoices when due. The time for completion of the work shall be extended by the number of

days work is suspended. In the event that the period of suspension exceeds 90 days, the terms of the agreement are

subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the

project, in accordance with Article XI.



ARTICLE XI: TERMINATION OF WORK

CITY may terminate all or a portion of the work covered by the agreement for its convenience. Either party may

terminate work if the other party fails to substantially perform in accordance with the provisions of the agreement.

Termination of the agreement is accomplished by 15 days’ prior written notice from the party initiating

termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery

returned to the sender.

In the event of termination, CONSULTANT shall perform such additional work as is necessary for the orderly

filing of documents and closing of the project. The time spent on such additional work shall not exceed 10 percent

of the time expended on the terminated portion of the project prior to the effective date of termination.

CONSULTANT shall be compensated for work actually performed prior to the effective date of termination plus

the work required for filing and closing as described in this Article. If no notice of termination is given,

relationships and obligations created by this agreement shall be terminated upon completion of all applicable

requirements of this agreement.

ARTICLE XII: FORCE MAJEURE

Neither the CITY nor CONSULTANT shall hold the other responsible for damages or delay in performance

caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other’s

employees and agents.

ARTICLE XIII: DISPUTE COSTS

In the event either party brings action to enforce the terms of this agreement or to seek damages for its breach, or

arising out of any dispute concerning the terms and conditions hereby created, the prevailing party shall be entitled

to an award of its reasonable attorney fees, costs, and expenses, incurred therein, including such costs and fees as

may be required on appeal.

ARTICLE XIV: COURT OF JURISDICTION

The laws of the State of Oregon shall govern the validity of this agreement, its interpretation and performance, and

other claims related to it. Venue for litigation shall be in Linn County, Oregon.

CONSULTANT: CITY OF ALBANY, OREGON:

Date:

Date:

By:

By:

Title:

Jeff Blaine, P.E., Public Works Engineering and

Community Development Director

By:

Title:

Mailing Address:

Telephone No.:

Fax No.:

Tax Identification No.:

WTP-17-02, Vine WTP Improvements ATTACHMENT F

Request for Proposals for Design-Builder Page F-1

ATTACHMENT F – FILTER MEDIA ANALYSIS COST

SUBSTANTIATION FORM

DESCRIPTION APPROX.

QUANTITY

UNIT OF

MEASURE

UNIT PRICE

DOLLARS/CTS

TOTAL AMT.

DOLLARS/CTS

Filter Media Analysis 1 Lump Sum

Provide a brief statement describing your proposed work inclusion for this item. The statement should include a description of the

work, deliverable, and schedule for completing the filter media analysis:

WTP-17-02, Vine WTP Improvements ATTACHMENT G

Request for Proposals for Design-Builder Page G-1

ATTACHMENT G – FILTER MEDIA REMOVAL, PROTECTION, AND REINSTALLATION COST

SUBSTANTIATION FORM

DESCRIPTION APPROX.

QUANTITY UNIT OF

MEASURE UNIT PRICE

DOLLARS/CTS

TOTAL AMT.

DOLLARS/CTS

Filter Media Removal, Protection, and Reinstallation 1 Lump Sum

Provide a brief statement describing your proposed work inclusion for this item. The statement should include a description of the

work, deliverable, and schedule for completion:

WTP-17-02, Vine WTP Improvements ATTACHMENT H

Request for Proposals for Design-Builder Page H-1

ATTACHMENT H – KEY PERSONNEL INFORMATION FORM

KEY PERSONNEL INFORMATION FORM

NAME

TITLE

ROLE IN THIS PROJECT

Previous Relevant Project Experience

PROJECT NAME PROJECT DESCRIPTION ROLE

1.

2.

3.

4.