061-24 RFP Coyote Creek Boating Access Wetland Delineation with Attachments~1.pdf

RFP

Coyote Creek Boating Access Wetland Delineation and NEPA Analysis ODFW Tracking #061-24

STATE OF OREGON ACTING BY AND THROUGH ITS

DEPARTMENT OF FISH AND WILDLIFE

Is Issuing RFP No: S-63500-00009744

Issuance Date: March 12, 2024

PROPOSALS DUE: March 28, 2024, NO LATER THAN 3:00 PM (PST)

LATE PROPOSALS WILL NOT BE ACCEPTED

RFP Issue Date: See “Available Date” for this RFP in OregonBuys

Proposal/Quote Due Date: See “Bid Opening Date” and time for this RFP in

OregonBuys.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

Single Point of Contact (SPC): Jake Howard

Address: City, State, Zip: 34 Fairview Industrial Drive SE Salem OR 97302

Phone: 503-947-6130

E-mail: jake.e.howard@odfw.oregon.gov mailto:jake.e.howard@odfw.oregon.gov

Table of Contents

1.00 GENERAL INFORMATION

1.01 INTRODUCTION AND PUBLIC NOTICE

1.02 OREGONBUYS

1.03 OBTAINING RFP DOCUMENTS

1.04 RFP ATTACHMENTS

1.05 SOLICITATION SCHEDULE

1.06 PREPROPOSAL CONFERENCE

1.07 SINGLE POINT OF CONTACT (“SPC”)

1.08 STATEMENT OF DEI VALUES

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 PROCUREMENT AUTHORITY

2.02 APPLICABLE LAW

2.03 PROCUREMENT METHOD – PROFESSIONAL SERVICES

2.04 DEFINITIONS

2.05 PROPOSER CERTFICATION

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

3.01 GENERAL BACKGROUND AND PROJECT DESCRIPTION

3.02 SERVICES SOUGHT

3.03 CONTRACT PHASES

3.04 PERFORMANCE SCHEDULE

3.05 CONTRACT DURATION

3.06 FUNDING SOURCE

3.07 PROJECT REQUIREMENTS/DESIGN REQUIREMENTS

3.08 SILENCE OF SPECIFICATION

4.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

4.01 SOLICITATION PROTESTS AND RQUESTS FOR CLARIFICATION OR CHANGE

4.02 DISPUTES

4.03 COST OF PREPARATION OF PROPOSAL

4.04 OREGON PUBLIC RECORDS LAW; CONFIDENTIAL OR PROPRIETARY INFORMATION

4.05 FIRM OFFER

4.06 PROPOSAL FORMAT AND CONTENTS

4.07 MODIFICATION OR WITHDRAWAL OF PROPOSAL

4.08 PUBLIC OPENING

5.00 EVALUATION AND SELECTION

5.01 RESPONSIVENESS REVIEW

5.02 CLARIFICATION OF RESPONSES

5.03 MINOR INFORMALITIES

5.04 POINT AND SCORE CALCULATIONS

5.05 RESERVED

5.06 INTERVIEWS AND PRESENTATIONS

5.07 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF APPARENT SUCCESSFUL

PROPOSER

5.08 SELECTION NOTICE AND PROTEST OF PROPOSER SELECTION

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 RESPONSIBILITY DETERMINATION

6.02 APPARENT SUCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.03 CONTRACT

6.04 SUBSEQUENT NEGOTIATIONS

7.00 CERTIFIED FIRM PARTICIPATION (ORS 200.005 to 200.075; ORS 200.160 to 200.200; ORS 279A.105)

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B PROPOSER INFORMATION AND CERTIFICATION FORM

ATTACHMENT C [RESERVED]

ATTACHMENT D CERTIFIED DISADVANTAGED BUSINESS FORM AND OUTREACH PLAN

ATTACHMENT E RESPONSIBILITY INQUIRY FORM

ATTACHMENT F MAPS

1.00 GENERAL INFORMATION

1.01 INTRODUCTION AND PUBLIC NOTICE

The Department of Fish and Wildlife (“Contracting Agency”, “ODFW”) in partnership with Oregon State Marine Board (OSMB), is seeking Proposals from Professional Services Consultants to provide Environmental Engineering Services (“Services”) in support of the Coyote Creek (Fern Ridge WMA) Boating Access Wetland Delineation and NEPA Analysis (“Project”). ODFW is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegation pursuant to OAR 125-246-0170(2)(d)(R) for architectural and engineering (A&E) services.

ODFW is proposing to improve a boat ramp facility on land owned by the U.S. Army Corps of Engineers (USACE) and operated under lease to ODFW, located at Coyote Creek in Eugene, Oregon. The USACE and Oregon Department of State Lands (DSL) environmental review process requires the completion of a wetland delineation. Additionally, ODFW is choosing to use a third-party to complete a National Environmental Policy Act (NEPA) assessment needed to proceed forward with construction, daily operations, and maintenance activities of the boat launch facility.

The expected outcome of this contract is to have the following analyses completed and permits acquired:

− wetland delineation

− environmental assessment (EA)

− DSL fill/removal permit

− USACE section 404 permit

− Oregon Department of Environmental Quality 401 certification

The selected Consultant will undertake Surveys for the Project. Additional details on the Scope of the Services are described in the Section 3.02 (Services SOUGHT) section of this RFP, and in Exhibit A of the Sample Contract attached. The Project is described in more detail in Section 3.01 (Project Description).

ODFW anticipates the award of one (1) Contract from this RFP.

See Sections 3.05 (Contract Duration) and 6.03 (Contract) for information about contract terms and duration. Definitions are located in Section 2.04.

1.02 OREGONBUYS

1.02.1 Electronic Procurement System

This solicitation is being conducted through OregonBuys; an electronic procurement as authorized by OAR 125-247-0330 (E-Procurement).

1.02.2 Registration Required

All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website (https://oregonbuys.gov/bso).

https://oregonbuys.gov/bso

For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf)

Vendors are responsible for ensuring that their vendor registration and information are current and correct in OregonBuys. Contracting Agency shall not be responsible for defective registration or incorrect vendor information.

1.02.3 User Guide

See (https://www.oregon.gov/Agency/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

1.02.4 Electronic Signatures

By submitting a Proposal to this RFP, the Proposer (and if selected for award, also as the Consultant) agrees with the Contracting Agency that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

1.02.5 Failure of Electronic Procurement System

Per OAR 125-247-0330(6) in the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Contracting Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

1.02.6 Technical Difficulties; Late Submission

Larger files may take additional time to upload to OregonBuys. Proposers are responsible for allowing sufficient time to navigate the OregonBuys system, upload files, and finalize and submit its Proposal via OregonBuys prior to the Bid Opening Date.

If technical difficulties occur that are of no fault of the Proposer that prevent submission of a Proposal via OregonBuys, the Proposer may notify the SPC in writing, via email, immediately to describe the difficulties encountered and to seek SPC approval of an alternative submission method.

As circumstances warrant, SPC may, at its discretion, allow for an alternative Proposal submission method.

A Proposal received after the Bid Opening Date is considered late and late submissions due to any reason will not be accepted.

1.03 OBTAINING RFP DOCUMENTS

The RFP and attachments are published in the State of Oregon’s electronic eProcurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

1.04 RFP ATTACHMENTS

The following are attachments to this RFP:

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B PROPOSER INFORMATION AND CERTIFICATION FORM

ATTACHMENT C LOCATION MAP AND PRELIMINARY BUILDING LAYOUT

ATTACHMENT D CERTIFIED DISADVANTAGED BUSINESS FORM AND OUTREACH PLAN

ATTACHMENT E RESPONSIBILITY INQUIRY FORM

ATTACHMENT F RESERVED

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx https://oregonbuys.gov/

In addition to the provisions set forth and linked within the RFP, the RFP incorporates by this reference the information published on the OregonBuys “Bid Solicitation” page for this RFP, including but not limited to:

• Details entered in the Header Information section;

• All RFP attachments, “Amendments” (if any), and any other files linked in the File Attachments and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

1.05 SOLICITATION SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. “N/A” denotes that event is not applicable to this RFP.

Schedule Item Date

Pre-Proposal Conference See Section 1.06.

Deadline for Proposer questions 10 calendar days prior to the Bid Opening Date in OregonBuys Bid Solicitation page for this RFP

Proposal submittal deadline See “Bid Opening Date” and time in OregonBuys Bid Solicitation page for this RFP

Proposal Opening March 28, 2024, at 3:00 pm

Completion of Proposal evaluations Estimated 7 calendar days after Proposal Opening

Intent to award notice Estimated 5 business days after all scoring complete

Contract execution Estimated within 7 calendar days of negotiation completion

1.06 PRE-PROPOSAL CONFERENCE

Contracting Agency will NOT conduct a pre-Proposal conference for this RFP.

1.07 SINGLE POINT OF CONTACT (“SPC”)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

1.08 STATEMENT OF DEI VALUES.

The State of Oregon is committed to DEI values in all procurement solicitations. See Executive Order No. 22- 15 for additional information.

2.00 SOLICITATION INFORMATION AND REQUIREMENTS

2.01 PROCUREMENT AUTHORITY

Contracting Agency is conducting this RFP according to its authority under delegated authority pursuant to OAR 125-246-0170(2)(d)(R).

2.02 APPLICABLE LAW.

This RFP and any resulting Contract are governed by Oregon Law. The Services subject to this RFP are “Professional Services” as defined in ORS 279C.100(2).

Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and Administrative Rules of the Oregon Department of Administrative Services https://www.oregon.gov/gov/eo/eo_22-15.pdf https://www.oregon.gov/gov/eo/eo_22-15.pdf

(OAR Chapter 125 Division 246 and OAR Chapter 125 Division 248). The RFP and resulting Contract may be subject to other laws and rules.

2.03 PROCUREMENT METHOD – PROFESSIONAL SERVICES.

Contracting Agency is conducting this RFP in conformance with ORS 279C.412, OAR 125-248-0220.

intermediate Selection Procedure.

2.04 DEFINITIONS

In addition to terms defined elsewhere in this RFP, the following definitions apply to this RFP. Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

For purposes of this RFP:

“Amendment” as used in OregonBuys means “Addendum” or “Addenda”, as defined in OAR 125-246- 0110(1);

“Business days” means calendar days, excluding Saturdays, Sundays and all State recognized holidays;

“Bid Opening Date” means “closing” as defined in OAR 125-246-0110(26). Proposal “Opening” as defined in OAR 125-246-0110(99) will immediately follow.

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

“Certified Firm” or “Certified Small Business” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity as “disadvantaged business enterprise”, “minority-owned business”, “woman-owned business”, “emerging small business” or “a business that a service-disabled veteran owns”;

“COBID” means Certification Office for Business Inclusion and Diversity;

“Contracting Agency” means the Department of Wildlife;

“Days” means calendar days;

“DEI” means diversity, equity, and inclusion as described in Executive Order No. 22-15;

“Professional Services” means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services that must be procured using qualifications-based selection procedures [see ORS 279C.100 and ORS 279C.110];

“Project” means the constructed facility or other improvement that Consultant has been retained to design or provide services for;

"Proposal" (referred to as “Quote” in OregonBuys) means a written response to a Request for Proposals;

“Proposers” – (referred to as “Vendor” in OregonBuys) All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”;

“Qualifications Based Selection” or “QBS” means evaluation and scoring of Proposals based on qualifications, experience and project approach, without considering cost.

“Related Services” has the meaning provided in ORS 279C.100;

“RFP” means Request for Proposal (referred to as “Bid Solicitation” in OregonBuys);

“Scope of Work” means the general character and range of Services and supplies needed, the work’s purpose and objectives, and an overview of the performance outcomes expected by Contracting Agency;

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

“Services” means the services to be performed under the Contract;

“State” means State of Oregon;

“Statement of Work” or “SOW” means the specific provisions in the final Contract which set forth and define in detail (within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, Services, deliverables, schedule for delivery and other obligations;

“Vendor” is a term used in OregonBuys and means any form of business entity registered in OregonBuys;

“Writing” means letters, characters and symbols made in electronic form or inscribed on paper and intended to represent or convey particular ideas or meanings.

Note: Though not defined, the terms “subconsultant” and “subcontractor” are used interchangeably in this document.

2.05 Proposer Certification

By participating in the procurement process and submitting a Proposal for Services, Proposer must abide by all requirements and provide all certifications listed herein and in the Proposer Information and Certifications Form (Attachment B). Any Proposal that is received conditioned on Contracting Agency’s acceptance of any other terms and conditions or rights to negotiate will be rejected.

3.00 PROJECT INFORMATION AND SERVICES SOUGHT

3.01 GENERAL BACKGROUND AND PROJECT DESCRIPTION

The project is located approximately 5 miles west of Eugene, Oregon, south of highway 126, within the West Coyote Unit of Fern Ridge Wildlife Area (Figure 1).

Driving Directions: From Eugene, head west on OR-126, turn left on Central Rd. Turn left on Cantrell Rd- site is on the left immediately adjacent to Coyote Creek. Latitude/Longitude: 44.04165, -123.26811

The project’s area of potential effect (APE) is approximately 1 acre in size. Survey work has been completed and is available upon request from ODFW/OSMB.

3.02 SERVICES SOUGHT

3.02.1 Wetland Delineation Scope of Work

a) Fieldwork

1. Complete on-site survey before June 14, 2024, following guidelines established by USACE.

2. Identify and document wetland boundaries.

3. Collect relevant data on vegetation, soils, and hydrology during the growing season.

4. Take photographs to support delineation findings.

Work will be conducted according to 1987 Corps of Engineers Wetland Delineation Manual including regional supplements and applicable guidance, and any supporting technical or guidance documents issued by USACE and/or Oregon DSL. Formatting guidelines and a checklist of items to include for DSL report is located under ‘delineation report requirements’ at:

https://www.oregon.gov/dsl/WW/Pages/Resources.aspx#requirements. Wetland boundaries and data plots to be reported to sub-meter accuracy.

b) Data Collection and Analysis

1. Determine the ordinary high-water mark.

2. Assess vegetation: Identify hydrophytic plants typical of wetland environments.

3. Evaluate soils: Determine the presence of hydric soils based on identifiable physical properties.

https://www.oregon.gov/dsl/WW/Pages/Resources.aspx#requirements

4. Consider hydrology: Confirm prolonged saturation conditions.

5. Compile all data into a comprehensive report.

3.02.2 Wetland Delineation Report

Report will be prepared following current USACE and DSL guidelines/format that includes:

− Delineation methods used

− Findings and boundary determination

− Soil, vegetation, and hydrology data

− Climate conditions during the survey

− Relevant photographs

− Supporting information for permitting purposes

A draft wetland delineation report (WDR) must be submitted to ODFW by August 28, 2024. The contractor will incorporate reasonable edits/recommendations by ODFW prior to finalizing the WDR and submission of final report. Final report is anticipated as due September 25, 2024, but may be flexible depending on the complexity of results and edits.

3.02.3 Agency Coordination

Contractor will consult and coordinate with appropriate representatives and technical specialists from the DSL and USACE to gain concurrence or an Approved Jurisdictional Determination (AJD) on the WDR.

3.02.4 Deliverables

− A draft WDR for review and comment in Word format. Due August 28, 2024.

− A final WDR addressing ODFW review comments in Word or Adobe PDF format including GPS points/georeferenced layers of survey results. Due September 25, 2024.

− DSL and USACE concurrence of the WDR.

3.02.5 ASSUMPTIONS

− ODFW will provide permission to access the site.

− ODFW will directly pay the DSL WDR review fee.

3.03 National Environmental Policy Act Assessment

3.03.1 Scoping and Project Description

Contractor will assess environmental impacts and preparation of different Environmental Assessment (EA) documents for the construction of the boat launch facility.

The Contractor will coordinate with state and local agencies, Federal environmental regulatory agencies, and private industry as needed to gather information on the impacts and benefits of constructing a boat launch facility. The Contractor will provide to ODFW all prudent reports and documents to support the findings and collection of all data necessary for the environmental study. All data collection will be carried out according to NEPA, federal, and state regulations and requirements.

The Contractor shall conduct the following tasks and deliverables and provide ODFW with documents and copies of environmental permits to comply with federal, state, and local county rules and regulations.

3.03.2 Environmental Analysis (EA)

Gather information necessary for the environmental study and prepare a detailed inventory of all the environmental elements in the study area. All data collection will be carried out according to NEPA, federal, and state regulations and requirements. ODFW/OSMB survey data has been collected and will be available to the Contractor.

Environmental data collection, at a minimum, shall include:

1. Land use and zoning.

2. Demographics.

3. Community resources.

4. Environmental Justice and Title VI.

5. Cultural/historic resources. (note: an archeological investigation/report has already been conducted).

6. Water quality.

7. Biotic communities.

8. Endangered and threatened species and potential impacts or benefits.

9. Construction impacts and/or benefits.

10. Analysis of flood plains.

11. Wetlands and 404 permit requirements.

12. Fish and Wildlife issues.

13. Contaminated soils investigation, including a phase 1 Environmental Site Assessment (ESA).

14. Erosion.

15. Indirect and cumulative impacts or benefits.

16. Quantities for fill and removal of sediment within the ordinary high-water elevations of each project.

3.03.3 Mitigation Measures

1. Propose mitigation strategies to minimize adverse effects.

2. Address wetland impacts, erosion control, and habitat restoration.

3. Implement best management practices during construction.

3.03.4 Documentation and Reporting

Prepare an Environmental Assessment (EA). Include at a minimum, the following items:

a. Executive summary.

b. Table of Contents.

c. Purpose and Need.

d. Alternatives analysis developed in coordination with engineer of record.

e. Affected environment.

f. Environmental consequences and benefits.

g. Section 4 (f).

h. Public and agency coordination plan.

i. References.

j. List of preparers.

k. Section 106 report.

l. Formal comments and answers to show how these comments were addressed or responded.

The Contractor will also prepare the Finding of No Significant Impact (FONSI) report if the EA determines no significant impact, or a Final Environmental Impact Statement (FEIS) if necessary.

3.03.5 Deliverables

a. A draft EA document for review and comment in Word format. Due December 18, 2024.

b. Final EA report including references and appendices to ODFW no later than January 31, 2025.

c. FONSI report.

d. Provide an electronic copy of EA documents to ODFW in either Word or Adobe PDF format.

3.03.6 Compliance

• All data collection will adhere to NEPA guidelines, agency requirements, and public participation.

• The USACE, ODSL, and ODEQ must concur with the findings of the NEPA assessment.

3.03.7 ASSUMPTIONS

ODFW will:

• Provide permission to access the site.

• Provide contractor with information necessary to deliver the required tasks.

• Provide information to inform development of EA and section 106 evaluations.

• Provide access to Department staff for interviews and information gathering.

• Acquire any local permits required through Lane County in cooperation with the Contractor.

3.04 DSL/USACE Joint Permit Application (JPA) and DEQ 401 Certification

a) Scoping and Project Description

ODFW is seeking the preparation of all required permit documents to authorize unavoidable impacts to jurisdictional waters, including wetlands, during construction of the boat launch facility.

b) Permit Preparation

All required permit documentation shall be prepared in accordance with state and federal regulations and requirements. The contractor shall prepare all required project descriptions, and additional information as required to quantify and document wetland and waters impacts and complete the full JPA narrative. Contractor shall also prepare all required supplemental documentation including, at a minimum, the following:

• Existing and predicted state stream assessment using the Stream Function Assessment method.

• Existing and predicted state wetland function assessment using the Oregon Rapid Wetland Assessment Protocol.

• Compensatory Wetland and Waters Mitigation Plan

• Post-Construction Stormwater Management Plan (SWMP)

Contractor shall submit the JPA and Stormwater Management Plan to the Oregon Department of Environmental Quality (DEQ) to obtain Section 401 Water Quality Certification. Contractor shall assist ODFW in setting up a facility on DEQ’s YDO for this project, assigning contractor representatives to the facility, and submitting the required pre-filing request, if it is determined that the project does not qualify for a Nationwide Permit. Contractor shall also assist ODFW in the submittal of all required 401 Certification Request documents via YDO.

c) Deliverables

a. DSL Removal-Fill Permit.

b. USACE Section 404 Permit.

c. Oregon Department of Environmental Quality (ODEQ) 401 Certification.

3.04.1 ASSUMPTIONS

• ODFW/OSMB will provide the required JPA figures related to engineering designs or fill/removal analysis.

• Contractor will prepare all required mitigation and SWMP planting plans, if required for the project.

4.00 PROCUREMENT PROCEDURES AND REQUIREMENTS

4.01 REQUESTS FOR CLARIFICATION; SOLICITATION PROTESTS/REQUESTS FOR CHANGE

A. Requests for Clarification. Any Proposer may make a request for clarification of RFP terms or requirements or information. Requests for clarification must be submitted in writing (via e-mail) to the SPC no later than the deadline for RFP protests set forth in RFP section 1.05, Solicitation Schedule. Clarifications, whether verbal, in Writing, or included in an Amendment as a “clarification,” will be issued at the discretion of the SPC and do not change contractual terms, or procurement requirements. If a request for clarification raises an issue that

Contracting Agency determines should be handled by formally amending the RFP, Contracting

Agency will do so only by announcing such a change in an Amendment posted on OregonBuys, not through information identified as “clarification.”

B. Solicitation Protests/Requests for Change. Prospective Proposers may submit a written protest of anything contained in this RFP and may request a change to any provision, specification or

Contract term contained in this RFP. Protests and requests for change of any provision, specification or Contract term must be submitted in writing (via e-mail) to the SPC no later than the deadline for RFP protests set forth in RFP section 1.05, Solicitation Schedule. Contracting

Agency will not consider any protest to this RFP or request for change of any provision, specification or Contract term submitted after this deadline. Each protest and request for change must include the reasons for the protest or request (supported by factual documentation) and any proposed changes to this RFP provisions, specifications, or Contract terms.

Contracting Agency will resolve all timely protests submitted in accordance with OAR 125-248-

0240. Contracting Agency will address all timely submitted requests for change within a reasonable time following Contracting Agency’s receipt of the request and once addressed, will promptly issue a written decision on the request via OregonBuys.

The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of an amendment to this RFP, unless the amendment specifies a different deadline.

4.02 DISPUTES

In case of any doubt or differences of opinion as to the items or Service to be furnished hereunder, or the interpretation of the provisions of the RFP, the RFP on file with Contracting Agency shall govern and the decision of the State of Oregon shall be final and binding upon all parties.

4.03 COST OF PREPARATION OF PROPOSAL

Proposer is responsible for all costs incurred in Proposal preparation and participation in the Proposal evaluation, Award and Contract negotiation processes.

4.04 OREGON PUBLIC RECORDS LAW; CONFIDENTIAL OR PROPRIETARY INFORMATION

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the Contract(s), shall be kept by Contracting Agency and made a part of Contracting Agency’s records. Proposals shall be open to public inspection in accordance with ORS 279C.107.

If a Proposer believes that any portion of a Proposal contains any information that may be considered exempt from disclosure as a trade secret under ORS Chapter 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate the portions of its Proposal that Proposer believes are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal, in whole, as a trade secret, confidential or otherwise exempt from disclosure is not acceptable. Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer believes are exempt from disclosure, Proposer is deemed to have waived any later claim of an exemption or request for non-disclosure of that information.

Application of the Oregon Public Records Law shall determine whether any information is actually exempt from disclosure. Proposer is advised to consult with legal counsel regarding disclosure issues.

The State and Contracting Agency will not be liable for any disclosure or release of information that Proposer considers to be exempt from disclosure if required by applicable law or court order. The State and Contracting Agency shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

4.05 FIRM OFFER

Submission of a Proposal constitutes Proposer’s affirmation that all terms and conditions of the Proposal constitute a binding offer that shall remain firm for a period of no less than ninety (90) days from the Proposal Due Date and Time specified on the cover page of this RFP.

4.06 PROPOSAL FORMAT AND CONTENTS

All Proposal documents requiring Signature must be signed by an authorized representative of the Proposer. The Proposal documents received by Contracting Agency may contain “Electronic Signatures”.

Contracting Agency reserves the right at any time to require the submission of the hard copy originals of any documents included in the Proposal.

Proposals must be submitted through the OregonBuys system as described in more detail in section 1.02 of this RFP. No oral, telephone, e-mail or facsimile Proposals will be accepted.

Proposals must not exceed ten (10) pages. Any pages exceeding the maximum number of pages shall not be evaluated. If there is any question as to format requirements contact SPC for clarification, prior to submittal of the Proposal.

Proposer shall provide required information on the forms specified in this RFP. Any information Proposer submits that is not required to be included on forms prescribed by this RFP must be formatted in the manner called for in this RFP and submitted on Proposer’s letterhead.

Proposals must be prepared providing a concise description of the Proposers’ ability to meet the requirements of this RFP. Emphasis should be placed on completeness, clarity and organization.

Proposals must be arranged and organized in separate sections according to the Proposal evaluation criteria requirements listed below in Section 5.04, Point and Score Calculations.

4.07 MODIFICATION OR WITHDRAWAL OF PROPOSAL

If a Proposer wishes to withdraw or make modifications to a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button prior to the Proposal Due Date and time stated on the Cover Page for this RFP.

4.08 Public Opening

There will be no public Opening held for this Intermediate RFP.

5.00 EVALUATION AND SELECTION

Contracting Agency will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 125-248-0210 and this RFP.

Responsive Proposals (see Section 5.01) will be forwarded to an evaluation committee that will independently review, score and rank Proposals according to the Evaluation Criteria set forth in section

5.04. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in this RFP with the responsiveness and the relevance of experience/qualifications presented in the Proposal.

The outcome of the Evaluation process may, in Contracting Agency’s sole discretion, result in:

(a) notice to Proposer(s) of selection for Contract negotiation and possible award; or (b) cancellation of this RFP and either re-issuance of this RFP in the same or revised form or no further action by Contracting Agency with respect to this RFP. Alternatively, Contracting Agency may determine it will take further steps to gather additional information for evaluation, (e.g. checking references, notice of interviews, requesting clarification).

Contracting Agency may reject any or all Proposals and may cancel this RFP at any time if doing either would be in the public interest as determined by Contracting Agency. Contracting Agency is not liable for any costs a Proposer incurs while preparing or presenting the Proposal or during further evaluation stages. All unreturned Proposals submitted in response to this RFP will become property of Contracting Agency and part of the public file.

5.01 Responsiveness Review.

Proposals must be considered responsive for further evaluation. A Proposal received prior to the Bid Opening Date will be reviewed by the SPC to determine if it is responsive to the RFP requirements set forth in this RFP. If the Proposal is unclear, the SPC may request clarification from Proposer (See Section 5.02, Clarification of Responses). If the SPC finds the Proposal non-responsive, the Proposal may be rejected;

however, Contracting Agency may waive minor informalities (see Section 5.03, Minor Informalities).

5.02 Clarification of Responses.

Contracting Agency reserves the right to request clarification of any item in a Proposal to properly evaluate the Proposal. All requests for clarification and responses shall be in writing. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal. Clarifications cannot be used to supplement or rehabilitate a non-responsive Proposal. Except for requests and responses related to a clarification necessary to evaluate whether a Proposal has met minimum requirements, all requests for clarification and responses will be provided to each selection committee member.

5.03 Minor Informalities.

Contracting Agency, in its sole discretion, may waive minor informalities or allow a Proposer to correct them. Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or

(2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers.

Examples of minor informalities include Proposer’s failure to:

• Submit the required number of originals or copies, or both, of Proposals

• Sign the Proposal in the designated block provided an authorized signature appears elsewhere in the Proposal evidencing an intent to be bound.

5.04 POINT AND SCORE CALCULATIONS.

Each Responsive Proposal will be evaluated and scored by an evaluation committee as set forth in this Section. Available points are shown in the evaluation criteria section below. Evaluation Committee members may change and Contracting Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below up to the maximum points available. The SPC will average all the evaluator scores for each evaluation criterion.

Evaluation Criteria

1.) Cover Letter

Available Points: 5

The Cover letter should address the Proposer’s willingness and commitment, if selected to provide the services offered and a brief description of why the Proposer believes it should be selected. The letter should include the name of the firm and the name, title, telephone number, and email address of the individual(s) authorized to represent the Proposer with respect to the RFP, Proposal, and any resulting contract negotiations. The letter must be signed by the Proposer, if an individual, or a legal representative of the Proposer’s entity authorized to bind the entity in contractual matters. The letter must include a statement that Proposer agrees to accept the terms and conditions of the contract provisions.

2.) Proposer Experience, Key Personnel and Qualifications

Available Points: 30

Proposer shall provide an overview of Proposer’s experience and qualifications with respect to the delivery of the Services described in this RFP. Proposer should list individual team members and subconsultant team members the Proposer proposes to assign to or utilize for the Services. Proposer should provide relevant information for each of the proposed team members, including names of staff and position, professional qualifications, and relevant experience. Provide any applicable experience and certifications, and include a current resume for each (not to exceed two (2) pages each). (Note – Resumes are not included in the Proposal page count).

Proposer should also provide a list and description of similar projects that it has completed within the last five (5) years.

3.) Understanding of Requested Services Approach and Implementation

Available Points: 25

Proposer shall describe its understanding of the intent and the requirements of the Services being requested in this RFP, the scope of the Services and its overall plan to complete the Services in support of the Project.

Proposer should describe the firm’s management and organizational structure, and how that structure aids the delivery of the Services sought - including the firm’s chain of command.

Proposer should describe its methods of coordinating and expediting all elements to meet delivery schedules without sacrificing quality. Proposer shall describe its approach to adjusting schedules when needed or adjusting its level of effort in order to meet a schedule while staying within a stated budget.

Proposer should describe how subcontractors will be selected, utilized and managed to complete the projects. Include a list or organization chart showing all subconsultants and their proposed roles/disciplines.

4.) Statement of Work

Available Points: 35

Using the baseline document found in Exhibit A, Statement of Work of the Sample Contract (RFP Attachment A), Proposer shall provide a proposed Statement of Work. The Statement of Work should identify all work and services described in this RFP, including Section 3.02 (Services Sought) and should address all design considerations and requirements described therein.

5.) DEI Values and Practices

Available Points: 5

Pursuant to Executive Order 22-15, Contracting Agency is considering Proposer’s DEI values and practices as part of this evaluation. Please describe Proposer’s DEI values and practices. Note:

please do not include any information contained within the Certified Disadvantaged Business Form and Outreach Plan addressed in Section 7.0 and Attachment D to this RFP, as this evaluation criterion is separate and apart from that requirement. The Certified Disadvantaged Business Outreach Plan will not count towards the available points for this evaluation criterion.

6.) Required Forms:

Available Points: Pass/Fail

a. Proposer Information and Certifications Form (Attachment B to this RFP)

b. Certified Business Firm (“COBID”) Outreach Plan (Attachment D to this RFP)

c. Responsibility Inquiry Form (Attachment E to this RFP)

Note—Required forms are not included in the Proposal page count.

5.05 PRICE PROPOSAL EVALUATION. [Reserved]

5.06 SCORING AND RANKING OF PROPOSERS; DETERMINATION OF APPARENT SUCCESSFUL

PROPOSER

The SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score. The scores for Proposer ranking and tentative award will be determined as follows:

• Total Evaluation Criteria Score = Total of all evaluator scores for a given Proposal, divided by the number of evaluators,

• Total Interview or Presentation Questions Score (if conducted) = Total of all evaluator scores for a given Proposer, divided by the number of evaluators.

• Final Score = Total Proposal Score, plus Total Interview (if conducted).

5.07 SELECTION NOTICE and PROTEST OF PROPOSER SELECTION

Contracting Agency will notify all Proposers, through OregonBuys, of its selection status.

A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection via email to the Single Point of Contact identified in OregonBuys for this RFP no later than the date set forth in RFP Section 1.05, Solicitation Schedule. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services described in the RFP.

Protests based on terms or requirements contained in this RFP – are solicitation protests (Section 4.01B) that must be submitted during the solicitation protest period described in Section 1.05 and will not be considered in Selection Protests.

Contracting Agency will resolve all timely submitted protests in accordance with OAR 125-248-0240.

All costs of a protest shall be the responsibility of the protesting Proposer and undertaken at the Proposers expense. The State and Contracting Agency shall not be liable for the Proposer's costs or expenses incurred or related to filing the protest, on any basis, express or implied.

6.00 SELECTED PROPOSER REQUIREMENTS AND CONTRACT REQUIREMENTS

6.01 Responsibility Determination.

Prior to award, Contracting Agency will determine if an apparent successful Proposer is responsible, which may include investigation of references. Contracting Agency reserves the right to investigate references including others than those provided in the Responsibility Inquiry Form (Attachment E). Investigation may include past performance of any Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers. At any time prior to award, Contracting Agency may reject a Proposer found to be not responsible.

6.02 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The highest-ranked Proposer who is found to be responsible and selected for a Contract award under this RFP will be required to submit, in addition to any information or certifications required pursuant to the Proposer Information and Certification Sheet (Attachment B), the following information to Contracting Agency within ten (10) calendar days of Selection Notice. Contracting Agency will, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Proposer is unable to provide this information within the timeframe or as otherwise deemed reasonable by the Contracting Agency.

6.02.1 Certificates of Insurance.

The apparent successful Proposer shall provide (electronically via email) Certificates of Insurance to Contracting Agency for levels of Insurance coverage shown in Exhibit C of the Sample Contract (RFP Attachment A). Apparent successful Proposers that have current Certificates of Insurance (with all required coverages and not specific to a particular project) on file with Contracting Agency will not be required to resubmit these. Contracting Agency may determine that project-specific insurance coverage is required on a case-by-case basis.

6.02.2 Business Registry Number/Registered Agent

If selected for Contract award, Proposer must be duly authorized by the State to transact business in the State before executing the Contract. Firms that contract with Oregon Department of Fish and Wildlife are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration. The apparent successful Proposer(s) (unless you are an individual operating as your real and true name or otherwise exempt under applicable laws) shall submit a current Oregon Secretary of State Business Registry number. See process for obtaining a Business Registry number: https://sos.oregon.gov/business/Pages/register.aspx.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents:

https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx.

For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules (https://sos.oregon.gov/business/pages/laws-rules.aspx). The titles in this subsection are available on the Secretary of State’s Business site:

https://sos.oregon.gov/business/Pages/default.aspx.

6.02.3 W-9 Form

https://sos.oregon.gov/business/Pages/register.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/laws-rules.aspx https://sos.oregon.gov/business/Pages/default.aspx

The apparent successful Proposer(s) shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) if either of the following apply:

• When requested by Contracting Agency (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

No payment can be made until a properly completed W-9 is on file with Contracting Agency.

6.02.4 Certificate of Pay Equity Compliance

If selected Proposer employs 50 or more full time workers and the estimated contract price exceeds $500,000, Proposer shall supply the Certificate of Pay Equity Training issued by DAS (under ORS 279A.167) upon completion of the curriculum and assessment that the Proposer understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. If selected Proposer does not employ 50 or more full time workers, Proposer must provide on company letterhead written certification that selected Firm does not employ 50 or more full-time workers.

6.03 CONTRACT

6.03.1 Form of Contract.

The Successful Proposer will be required to execute of an agreement in the form of the Oregon Professional Services Contract, a sample of which is attached to this RFP as Attachment A.

If Proposer takes exception to any portion of the Contract, Proposer must have successfully requested a change to the Contract term as described in Section 4.01 of this RFP. Contracting Agency will not consider Contract exceptions stated in the Proposal. Unless an amendment has modified or reserved the right to negotiate any terms and conditions contained in the Contract or exhibits thereto, Contracting Agency will not negotiate any term or condition after the solicitation protest deadline, except the SOW and pricing with the apparent successful Proposer(s) per section 6.03.2, Negotiations, below.

If any discrepancies, inconsistencies, or ambiguities exist between the Proposal and the RFP, the RFP takes precedence.

6.03.2 Negotiations.

The Contracting Agency will begin negotiating in the best interest of the State a Contract with the highest ranked Proposer and will direct Contract negotiations toward discussing, refining, and finalizing the following:

(A) The Statement of Work, including the specific scope of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services to be provided by the Consultant;

(B) The Consultant’s performance obligations and performance schedule; and

(C) Payment methodology, Consultant’s rates and number of hours, and a maximum amount payable to the Consultant for the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services required under the Contract that is fair and reasonable to the Contracting Agency as determined solely by the Contracting Agency, taking into account the value, scope, complexity and nature of the Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services.

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6.03.3 Funding Contingency.

Proposers are advised that the award and potential dollar amount of the Contract, including as may be amended within the Scope of Work identified in this RFP, are contingent upon Contracting Agency receiving approval of funding for use under this RFP as determined by Contracting Agency in its sole discretion.

6.03.4 Amendment.

Contingent upon Contracting Agency’s need, Consultant’s performance, and the availability of approved funding, Contracting Agency may later amend the Contract for additional tasks, Contract phases and compensation as necessary to complete the Services needed for the Project, provided the amendments are within the Scope of Work described in this RFP.

6.04 SUBSEQUENT NEGOTIATIONS.

Contracting Agency may, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if Contracting Agency and Proposer are unable for any reason to reach agreement on a Contract within 14 days. Contracting Agency may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time (as determined in the sole discretion of Contracting Agency), Contracting Agency may end this solicitation. Contracting Agency, in its sole discretion, may proceed with a new solicitation for the same Services or consider any other options available under the applicable rules, laws, and policies.

7.00 CERTIFIED FIRM PARTICIPATION (ORS 200.005 to 200.075; ORS 200.160 to 200.200; ORS 279A.105):

Participation By Disadvantaged Business Enterprises, Minority-Owned Businesses, Woman-Owned Businesses, Businesses Owned by Service-Disabled Veterans and Emerging Small Businesses.

Consultant must complete the Certified Business Form and Outreach Plan, Attachment D. If there may be opportunities for subcontractors to work on the Project, Proposer must develop an outreach plan to describe its good faith efforts to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any contract resulting from this…