2022-02 Water Management and Conservation Plan-RFP-QBS FINAL.pdf

REQUEST FOR PROPOSALS

QUALIFICATIONS BASED SELECTION

Professional Consultant Services for

PROJECT 2022-02

Water Management and Conservation Plan (WMCP)

PROJECT NO: 2022-02

PROJECT TYPE: Professional Consultant Services

PROPOSALS DUE:

September 22, 2022 not later than 2:00

PM PST

SUBMIT PROPOSALS TO: City of Ashland Public Works - Engineering, at 51 Winburn Way, Ashland OR 97520;

or by mail to:

20 E. Main Street, Ashland, OR 97520

CITY PROJECT MANAGER: Scott Fleury P.E., Public Works Director PROJECT DURATION: Phase 1: Plan Development & Public

Presentations (12 months)

PUBLIC WORKS ENGINEERING

20 E. MAIN STREET

ASHLAND OR 97520

541/488-5587

TABLE OF CONTENTS

TABLE OF CONTENTS

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PROJECT OVERVIEW

1.1 OBJECTIVES

1.2 BACKGROUND INFORMATION

1.3 REFERENCE DOCUMENTS

SCHEDULE

SCOPE OF SERVICES

3.1 GENERAL REQUIREMENTS

3.2 SPECIFIC REQUIREMENTS

EVALUATION CRITERIA

4.1 PROJECT APPROACH (20 POINTS POSSIBLE)

4.2 PROJECT EXPERIENCE (20 POINTS POSSIBLE)

4.3 PROJECT TEAM EXPERIENCE (30 POINTS POSSIBLE)

4.4 PROPOSER’S DEMONSTRATED ABILITY TO SUCCESSFULLY COMPLETE SIMILAR PROJECTS ON TIME AND WITHIN BUDGET (30

POINTS POSSIBLE)

4.5 TERMINATION FOR DEFAULT (PASS OR FAIL)

4.6 SCORING

EVALUATION PROCESS AND CONSULTANT SELECTION

5.1 REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS

5.2 RIGHT OF REJECTION

5.3 REFERENCES

5.4 RESPONSIBILITY

5.5 CLARIFICATION OF RESPONSE

5.6 INTERVIEWS

5.7 FINALIST SELECTION

5.8 TIES AMONG PROPOSERS

5.9 NOTICE OF INTENT TO AWARD

5.10 CONTRACT NEGOTIATION

5.11 PROTEST PROCEDURES

5.12 RESULTING CONTRACT

CONTRACT

6.1 CONTRACT FORM

6.2 BUSINESS LICENSE REQUIRED

6.3 INSURANCE REQUIREMENTS

6.4 LAWS AND REGULATIONS

INSTRUCTIONS TO PROPOSERS

7.1 GENERAL

7.2 INFORMATION OF RECORD

7.3 PROPOSAL PREPARATION AND FORMAT

7.4 SIGNATURE ON PROPOSAL

7.5 PREPARATION COSTS

7.6 CONFORMANCE TO SOLICITATION REQUIREMENTS

7.7 DEFINITIONS

7.8 QUESTIONS AND CLARIFICATIONS

7.9 PROTEST OF REQUIREMENTS

7.10 PROTEST OF CONTRACT AWARD

7.11 PROPOSAL MODIFICATION

7.12 PROPOSAL WITHDRAWALS

7.13 PROPRIETARY INFORMATION

7.14 TERMS AND CONDITIONS

7.15 PROPOSAL OPENING

PROPOSAL FORM

CONTRACT FORM INCLUDING EXHIBIT B, EXHIBIT C

FORM W-9

Approved as to Form

Douglas M McGeary Acting City Attorney

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CITY OF ASHLAND PUBLIC WORKS – REQUEST FOR PROPOSALS

QUALIFICATIONS BASED SELECTION

for

PROFESSIONAL CONSULTANT SERVICES

The City of Ashland (City) is seeking Proposals for professional consultant services for Project 2022-02 Water Management and Conservation Plan (WMCP) Update. The purpose of this project is review and update the City’s WMCP, incorporate climate analysis impacts on the City’s supplies while following requirements established by the Oregon Water Resources Department for WMCP Plans (OAR 690 Division 086).

The project will include, but is not specifically limited to, the following tasks and phase:

PHASE 1: Water Management and Conservation Plan Development

Proposals must be physically received by September 22, 2022 not later than 2:00 PM PST (main lobby clock), in the City of Ashland Public Works Engineering Office located at 51 Winburn Way, Ashland OR 97520, or by mail at 20 E. Main Street, Ashland, OR 97520. Proposers mailing Proposals should allow normal delivery time to ensure the timely receipt of their Proposals. Any Proposal received after the date and time set for receipt of Proposals will not be considered and will be returned to the proposer unopened. For further information, contact the City’s Project Manager, Scott Fleury P.E., Public Works Director at 541/488-5587 or by email at scott.fleury@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for professional engineering services in a form substantially similar to the one provided in this RFP.

Proposal documents may be downloaded from the OregonBuys web procurement system. Any addenda that may be issued relating to this RFP will be available from OregonBuys, and potential proposers are cautioned to continuously monitor the site for updates and addenda.

All Proposals shall be submitted as set forth in Section 7 - Instructions to Proposers. The City is not responsible for Proposals submitted in any manner, format, or to any delivery point other than as required by this RFP. Proposals shall be limited to eight (8) pages and must include the services of a Certified Water Rights Examiner registered in Oregon.

Consultant selection will be based upon weighed criteria as set forth in this Solicitation Document and will include criteria including, but not limited to: similar project experiences, general experience, staffing availability, schedule and response time.

The City of Ashland reserves the right to cancel this procurement or reject any and all Proposals in accordance with ORS 279B.100.

Scott Fleury, PE, Public Works Director

First date of solicitation: August 18, 2022 RFP for Project #2022-02

CITY OF ASHLAND

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR PROPOSALS – QUALIFICATIONS BASED SELECTION

PROJECT NO. 2022-02

Water Management and Conservation Plan (WMCP)

PROJECT OVERVIEW

1.1 Objectives

The City of Ashland (City) is seeking Proposals from professional consultant services for Project 2022-02 Water Management and Conservation Plan (WMCP). The purpose of this project is review and update the City’s WMCP. In conjunction with the development of the WMCP as required by Oregon Administrative Rule (OAR), the City is interested in understanding climate impacts to each of its three distinct supply sources, understanding potential reuse opportunities and having a fresh look into the City’s robust conservation program. Supply and Climate analysis were done as part of the City’s 2012 Comprehensive Water Master Plan Process and that background information will be provided to the selected consultant firm.

1.1.1 PHASE 1: Water Management and Conservation Plan Development

The project will include but is not specifically limited to the following tasks:

• Develop a WMCP consistent with Oregon Health Authority, Oregon Administrative Rules and

Oregon Revised Statute Requirements

• Review and comment on previous supply planning completed by City

• Review and comment on recycled water reuse planning completed by City

• Prepare and present at City Council and Public Open House Meetings

1.2 Background Information

The City has long been involved in long range planning associated with its water system including comprehensive supply and demand analysis. The City did significant supply planning analysis as part of the 2012 Water Master Plan and recently updated the water master plan in 2020. Conservation and supply protection are a focus for the City and a solid understanding of climate impacts to the supply and demand projections will benefit the community with robust supply planning and management moving forward.

The City of Ashland provides the City’s Drinking water source supply, water treatment and water distribution to approximately 9,000 service connections. The City’s primary raw water supply source is the Mount Ashland watershed which collects into Ashland Creek. The City owns and operates Hosler Dam where Ashland’s source water is held in Reeder Reservoir. The City has two secondary sources of water that can be used to support overall system demand. The City has 1369 acre-feet of municipal water right delivered through the Talent Irrigation District system (Howard and Hyatt Prairie Lakes). The City also has 1000 acre-feet of stored water right in Lost Creek Reservoir. The Lost Creek storage water is delivered treated to the City through the Talent-Ashland-Phoenix (TAP) Intertie system. The TAP water is treated by the Medford Water Commission at the Duff Treatment Plant.

The water treatment plant is located below Hosler Dam next to Ashland Creek and has a peak flow of 7.5 million gallons per day in the summer and averages 1.7 million gallons per day (MGD) in the winter months. The water transmission and distribution system consists of 130 miles of water distribution lines, 6 pump stations, 53 pressure reducing devices, and 1115 fire hydrants. There are four distribution reservoirs with 6.65 million gallons of water storage. In addition, the City owns and maintains 334 separate irrigations meters using potable water and 187 irrigation accounts using Talent Irrigation District (TID).

1.3 Reference Documents

The City has several reference documents, technical memorandums, master plans and other that have been developed over decades associated with water system and supply planning. A few are provided below for reference. Additional supporting documentation will be provided to selected consultant upon an initial request for information.

2012 Water Master Plan: (Link) 2013 Water Management and Conservation Plan: (Link) 2019 Water Management and Conservation Plan Progress Report: (Link) 2020 Talent-Ashland-Phoenix (TAP) Master Plan (Link) 2020 Water Master Plan (Link) Oregon Water Resources Department WMCP Guidebook: (Link) https://www.ashland.or.us/SIB/files/2012%20CWMP-Carollo(1).pdf https://www.ashland.or.us/SIB/files/Ashland_Water_Management_%26_Conservation_Plan.pdf https://www.ashland.or.us/SIB/files/City_of_Ashland_WMCP_Progress_Report.pdf https://www.ashland.or.us/SIB/files/2020_TAP_Master_Plan_Final_Draft.pdf https://www.ashland.or.us/SIB/files/COA_2019_Water_Master_Plan_Update_Final_20200715(1).pdf https://www.oregon.gov/OWRD/WRDPublications1/wmcp_guidebook.pdf

SCHEDULE

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

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

EVENT DAILY COUNT (CALENDAR DAYS) DATE

1. Request for Proposal Released 0 8/18/2022

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

10 days prior to Proposal Closing 9/12/2022

3. Last Date for City to Post Addenda 3 days prior to Proposal Closing 9/19/2022

4. Closing Date (last day to submit Proposals) ~30 days after Proposal Release 9/22/2022

5. Responses Evaluated ~15 days after Closing Date 10/6/2022

6. Interviews Held (if necessary) ~25 days after Closing Date 10/17/2022

7. Intent to Award Announced ~30 days after Closing Date 10/24/2022

8. Contract Negotiations ~40 days after Closing Date 10/31/2022

9. Expected Project Completion (all phases) 12 months after Contract Award 12/1/2023

SCOPE OF SERVICES

3.1 General Requirements

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

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

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

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

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

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

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

- Scope, Schedule, and Budget Issues and Changes.

3.2 Specific Requirements

The City of Ashland (City) is seeking professional consultant services for Project 2022-02 Water Management and Conservation Plan (WMCP). The purpose of this project is review and update the City’s WMCP. In conjunction with the development of the WMCP as required by Oregon Administrative Rule (OAR), the City is interested in understanding climate impacts to each of its three distinct supply sources, understanding potential reuse opportunities and having a fresh look into the City’s robust conservation program. Supply and Climate analysis were done as part of the City’s 2012 Comprehensive Water Master Plan Process and that background information will be provided to the selected consultant firm.

3.2.1 PHASE 1: Water Management and Conservation Plan Development

The purpose of this project is review and update the City’s WMCP, incorporate climate analysis impacts on the City’s supplies, refresh supply planning that was done during the 2012 Water Master Plan, all while following requirements established by the Oregon Water Resources Department for WMCP Plans (OAR 690 Division 086).

This phase will include but is not specifically limited to the following tasks:

• Develop a WMCP consistent with Oregon Health Authority, Oregon Administrative Rules and Oregon Revised Statute Requirements o Prepare Executive Summary for entire document o Develop Request for Information for necessary documents required to review and develop updated WMCP o Coordinate with Oregon Water Resources Staff as necessary

Facilitate WMCP approval process with OWRD o Coordinate with regional water suppliers for review and comment on WMCP o Build upon previous supply planning completed by City of Ashland o Build upon previous water recycling analysis completed by City of Ashland o Develop Water Supplier Description (OAR 690-086-0140) o Develop Water Conservation Element (OAR 690-086-0150) o Develop Municipal Water Curtailment Element (OAR 690-086-0160) o Develop Municipal Water Supply Element (OAR 690-086-0170)

Evaluate climate impacts on the City’s three specific supplies in conjunction with forecasted demands for the 20 and 50 year planning periods

Build upon previous planning work completed and identify opportunities and issues for recycled water reuse

Review and comment on City’s current water supply management strategy

• Prepare Presentation Materials o Public Open House (Informational Update) o City Council Study Session (Informational Update) o City Council Business Meeting (Adoption)

• Update WMCP as necessary based on policy direction given by Council

EVALUATION CRITERIA

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

4.1 Project Approach (20 Points Possible)

Provide a description of your firm’s approach to completing Water Management and Conservation Plans. Include a summary of prior partnerships with the City of Ashland if any.

Include a summary of your quality control program used to review and generate final documents.

4.2 Project Experience (20 Points Possible)

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

b. Provide a summary of relevant Water Management and Conservation Plan development experience.

c. Provide a concise description of at least three (3) projects in the last ten (10) years, involving similar work to those listed in the scope of work.

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

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

4.3 Project Team Experience (30 Points Possible)

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

b. Provide a list of the key staff proposed for this project (“Key Person(s)”). Be specific on the individuals that will play primary roles in development of the required engineering and their experience working on Water Management and Conservation Plans. Provide a concise summary of each key person(s)’s role, and a description of their relevant experience for this project.

c. Submit resumes that support each Key Person’s relevant experience. No more than five resumes should be submitted as Appendix A, and will not count against page limit.

d. Indicate which individual will manage the project and be the primary contact. Indicate the specific experience this individual has managing project similar to the proposed dam safety improvement project.

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

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

4.4 Proposer’s Demonstrated Ability to Successfully Complete Similar Projects on Time and Within Budget (30 Points Possible) For each of the three (3) projects listed in response to 4.2(c), provide a discussion of whether the project was completed on time and on budget or needed to be revised. Briefly explain the reason for any revisions, and what attempts were made to bring the project back on schedule and within budget.

4.5 Termination for Default (Pass or Fail)

Proposers shall indicate if they have had a contract terminated for default in the last five years.

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

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

4.6 Scoring

CATEGORY POSSIBLE POINTS POINTS SCORING

1. Project Approach 20

2. Project Experience 20

3. Project Team Experience 30

4. Demonstrated Ability to Successfully

Complete Projects on Time and Within Budget

6. Termination for Default P/F Total 100

EVALUATION PROCESS AND CONSULTANT SELECTION

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

5.1 Review and Acknowledgment of Defective Proposals

Due to limited resources, City generally will not completely review or analyze Proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will City generally investigate the references or qualifications of such proposals. Therefore, City will not acknowledge whether or not an unsuccessful Proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and City-adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in this RFP and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

5.2 Right of Rejection

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

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

Minor informalities that may be waived include those that:

• do not affect responsiveness,

• are merely a matter of form or format,

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

• are trivial, negligible, or immaterial in nature,

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

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

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

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

5.3 References

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

The City reserves the right to check any and all sources for information on a proposer’s past performance, including sources other than the references provided in the proposer’s Proposal. The City may consider information available from any source, including government bodies and regulatory authorities.

5.4 Responsibility

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

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

5.5 Clarification of Response

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

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

5.6 Interviews

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

City may invite up to three (3) of the highest-ranked firms (or at a natural break in scoring) to interview.

The Firm’s Key Persons, as identified by City shall be prepared to attend the interview within five (5) business days of notification by City, and shall be prepared to answer questions provided with the Interview Invite letter, and questions that will be provided at the time of the interview, and discuss the Firm’s proposed project approach.

5.7 Finalist Selection

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

5.8 Ties among Proposers

If City determines after the ranking of potential firms, that two or more of them are equally qualified to be the Finalist, City may select a candidate through any process that the City believes will result in the best value for taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of City and Proposers and shall protect the integrity of the Public contracting process.

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

5.9 Notice of Intent to Award

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

5.10 Contract Negotiation

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

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

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

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

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

City shall, either orally or in writing, formally terminate negotiations with the highest ranked Proposer if City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. City may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City, City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

5.11 Protest Procedures

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

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

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

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

c) Protests based on procedural matters will not be considered.

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

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

f) The City Administrator will review any appeal of the Public Works Director’s determination and shall fax and mail, in accordance with the fax number and address provided in the proposal, the protesting party a written response within three (3) business days of receipt of written appeal.

g) If the determination of the City Administrator is adverse to the protesting party’s interest, the protesting party may only appeal to the City Council by filing a written notice of appeal to the Council with the City Administrator within two (2) business days of issuance of the City Administrator’s written determination.

h) The Council, in considering the protest, shall review the documentation presented to the

Public Works Director and the City Administrator on the next regularly scheduled Council Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Council review will be limited to the evaluation of compliance with City’s policies and procedures, requirements of the RFP and the equal and fair application of City’s contracting rules. The City Council’s determination shall be City’s final decision.

An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies before seeking judicial review of City’s Consultant selection or Notice of Intent to Award.

5.12 Resulting Contract

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

CONTRACT

6.1 Contract Form

The consultant selected by the City will be expected to enter into a written contract in substantially the same form as attached to this RFP. The Proposal should indicate acceptance of the City’s contract provisions. Suggested reasonable alternatives that do not substantially impair City’s rights under the contract may be submitted as outlined under Section 5.11. Unconditional refusal to accept contract provisions will result in Proposal rejection.

Contract Duration – Phase 1: Water Management and Conservation Plan Development – 12 Months

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

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

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

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

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

• Price per unit

Ashland Living Wage Requirements – Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying at least the living wage as established by the City of Ashland on June 30, 2022 ($17.02 per hour):

• For all hours worked under a service contract between their employer and the City if the contract exceeds $24,050.68 or more.

• For all hours worked in a month if the employee spends 50% or more of the employee’s time in that month working on a project or portion of business of their employer, if the employer has ten or more employees and has received financial assistance for the project or business from the City in excess of $24,050.68.

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

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

6.2 Business License Required

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

6.3 Insurance Requirements

Contactor shall at its own expense provide the following insurance:

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

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

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

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

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

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

6.4 Laws and Regulations

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

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

INSTRUCTIONS TO PROPOSERS

7.1 General

All proposals and any resulting contracts are subject to the provision and requirements of Oregon Revised Statutes, Sections 279A and 279B. Engineering contracts are further subject to 279C and to the City of Ashland (City) Municipal Code Section 2.50.

7.2 Information of Record

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

7.3 Proposal Preparation and Format

• Proposals shall be typewritten in 12 point font minimum.

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

• Proposal narrative must follow along with scoring criteria sections.

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

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

• To be considered, all Proposals must be received by the City prior to the date and time set for

Proposal closing.

• A total of six copies including one original wet signature document must be submitted.

Proposals shall be submitted to the City prior to the date and time set for closing.

• One (1) digital copy of the complete Proposal shall be submitted on a CD or thumb drive.

7.4 Signature on Proposal

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

7.5 Preparation Costs

The City may cancel a solicitation, whether informal or formal, or reject all Proposals, without liability incurred by City at any time after issuing an RFP, if City believes it is in City’s best interest to do so.

Consultants responding to RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs, which includes, but is not limited to: preparation, submittal, travel expenses, interviews, presentations, or evaluation of any Proposal.

7.6 Conformance to Solicitation Requirements

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

7.7 Definitions

For the purpose of this RFP:

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

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

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

“Council” means City of Ashland Council “Department” means the City of Ashland Engineering Department.

“Manager” means the City of Ashland Project Manager.

“Proposers”- All firms submitting proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”.

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

“RFP” means Request for Proposal.

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

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

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

7.8 Questions and Clarifications

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

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

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

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

7.9 Protest of Requirements

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

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

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

• The reason for the protest or request for change.

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

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

PROPOSAL PROTEST

Proposal No. 2022-02 City of Ashland Public Works Dept.

ATTN: Scott Fleury P.E., Public Works Director 20 East Main St Ashland, OR 97520

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

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

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

279B.405.

7.10 Protest of Contract Award

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

7.11 Proposal Modification

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

7.12 Proposal Withdrawals

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

7.13 Proprietary Information

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

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

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

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

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

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

• Where such conflict occurs, the Proposer is instructed to respond with the following: “Refer to confidential information enclosed.”

• This statement shall be inserted in the place where the requested information was to have been placed.

Proposers who desire that additional information be treated as confidential must mark those pages as “confidential.” Proposers shall also cite the specific statutory basis for the exemption and give the reasons why the public interest would be served by the confidentially. Should a Proposal be submitted as described in this section, no portion of it will be held confidential unless that portion is segregated as described in the criteria above.

Notwithstanding the above procedures, the City reserves the right to disclose information that the City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by the City’s Attorney, the District Attorney, or a court of competent jurisdiction.

7.14 Terms and Conditions

Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto, the City will not negotiate any term or condition after the protest deadline, except the statement of work, pricing, and calendar with the selected proposer. By submitting a

Proposal, the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as such terms and conditions may have been modified or reserved by the City for negotiation. Any Proposal that is received conditioned upon City’s acceptance of any other terms and conditions or rights to negotiate will be rejected.

7.15 Proposal Opening

Unless otherwise provided by law, Proposals received in response to this RFP shall be opened at the date and time set for closing at the Engineering Services Building at 51 Winburn Way, Ashland, Oregon 97520. Proposers who attend the Proposal opening shall be informed only of the names of the Proposers submitting Proposals. No other information shall be available, and no copies of the Proposals shall be made. Award decisions will NOT be made at that time.

PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers, Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section, preferably by re-stating the criteria and then responding below the restated criteria.

REQUIRED RESPONSE DOCUMENTS

THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

(Place a check in front of the item indicating inclusion in your response)

RESPONSE TO ALL EVALUATION CRITERIA listed in Section 4 SECTION 8 – Proposal Form Independent Contractor Certification

MWESB INFORMATION

The City encourages contracting with minority owned, woman owned, and emerging small business (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified. MWESB certified? Yes___ No____. If yes, indicate which categories below:

Minority Owned___ Woman Owned___ Emerging Small Business___ Veteran Owned___

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS:

Proposer acknowledges receipt of Addenda and agrees to be bound by their contents.

Circle each RFP addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10

Check if not applicable or if no addenda were received: _____

CWRE/OSBEELS / OSBGE / ORBAE No.(s) Provide name(s), title(s), and certification number(s) for each Key Person listed under Section 6.3 (b).

Attach additional sheet if necessary)

Name:__________________________Title:________…