2023-06 Parking Enforcement RFP Final.pdf

REQUEST

FOR

PROPOSALS

PROJECT # 2023-06

DOWNTOWN PARKING ENFORCEMENT AND ADMINISTRATION

SERVICES

PROJECT NO: 2023-06

PROJECT TYPE:

Downtown Parking Enforcement and Administrative Services

PROPOSALS DUE:

January 9, 2024; 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: Not to exceed five (5) years

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

SCHEDULE

SCOPE OF SERVICES

3.1 GENERAL REQUIREMENTS

3.2 SPECIFIC REQUIREMENTS

PATROL AREA AND HOURS OF ENFORCEMENT:

3.3 ENFORCEMENT DUTIES

3.4 PERSONNEL & OPERATIONS METHODOLOGY

3.5 TRAINING

3.6 RECORD KEEPING AND REPORTS

3.7 CITY RIGHTS

EVALUATION CRITERIA

4.1 PROJECT APPROACH (20 POINTS POSSIBLE)

4.2 PROJECT TEAM EXPERIENCE, QUALITY OF SERVICE (50 POINTS POSSIBLE)

4.3 FEE SCHEDULE (UNIT COSTS) (30 POINTS POSSIBLE)

4.4 TERMINATION FOR DEFAULT (PASS OR FAIL)

4.5 SCORING

EVALUATION PROCESS AND CONTRACTOR 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 PROPOSAL MODIFICATION

7.11 PROPOSAL WITHDRAWALS

7.12 PROPRIETARY INFORMATION

7.13 TERMS AND CONDITIONS

7.14 PROPOSAL OPENING

PROPOSAL FORM

CONTRACT FORM

CITY OF ASHLAND LIVING WAGE

FORM W-9

ENFORCEMENT BOUNDARY MAP

AMC 11 PARKING REGULATIONS

PARKING FINE RESOLUTION

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CITY OF ASHLAND PUBLIC WORKS – REQUEST FOR PROPOSALS

PARKING ENFORCEMENT AND ADMINISTRATION SERVICES

The City of Ashland (City) is seeking parking enforcement and administration services for Project 2023- 06 DOWNTOWN PARKING ENFORCEMENT AND ADMINISTRATION SERVICES. The purpose of this project is to provide for the enforcement and administration of the downtown area (hereinafter referred to as the “District”). The District includes four (4) City-owned public parking lots, one (1) City-owned, three story parking garage, and approximately twelve (12) blocks of public on-street parking. All public parking in the District is time regulated.

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

• Patrol the District and enforce current time limited zone parking standards

• Provide exceptional customer service on behalf of the City

• Enforce parking restrictions in an impartial manner

• Appear in Court as necessary to testify with respect to parking-related cases

Proposals must be physically received by January 9, 2024, 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. Contractor selection is anticipated to result in the issuance of a contract for services substantially similar in form to the one provided in this Request for Proposals (RFP).

RFP documents may be downloaded from the OregonBuys website (https://oregonbuys.gov/bso/). Any addendum 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.

Contractor selection will be based upon weighed criteria as set forth in the RFP and will include criteria including, but not limited to: similar project experience, general experience, staffing availability, schedule, and fee schedules.

The City of Ashland reserves the right to reject any and all proposals, to waive informalities, or to accept any proposal which appears to serve the best interests of the City of Ashland.

Scott Fleury, PE, Public Works Director

CITY OF ASHLAND

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR PROPOSALS

PROJECT NO. 2023-06

DOWNTOWN PARKING ENFORCEMENT AND ADMINISTRATION SERVICES

PROJECT OVERVIEW

1.1 Objectives

The City of Ashland (City) is seeking parking enforcement and administration services for Project 2023- 06 DOWNTOWN PARKING ENFORCEMENT AND ADMINISTRATION SERVICES. This purpose of this project is to provide for the enforcement and administration of parking within the downtown area of the City of Ashland (hereinafter referred to as the “District”). The District includes four (4) City-owned public parking lots, one (1) City-owned three story parking garage, and approximately twelve (12) blocks of public on street parking. All public parking in the District is time regulated. A map of the District is included in this RFP as Appendix D.

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

• Patrol the District and enforce current time limited zone parking standards

• Provide exceptional customer service on behalf of the City

• Enforce parking restrictions in an impartial manner

• Appear in Court as necessary to testify with respect to parking related cases

1.2 Background Information

The District includes four (4) City-owned public parking lots, one (1) City-owned three story parking garage, and approximately twelve (12) blocks of public on street parking. All public parking in the District is time regulated. A map of the District is included in this RFP as Appendix D.

SCHEDULE

The schedule of events listed below represents the 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 12/5/2023

2. Last Date for Requests for changes/Protests to Specifications/Questions

10 days prior to Closing Date 12/31/2023

3. Last Date for City to Post Addenda 3 days prior to Closing Date 1/6/2024

4. Closing Date (last day to submit Proposals) ~ 30 days after Release of RFP 1/9/2024

5. Responses Evaluated ~ 15 days after Closing Date 1/24/2024

6. Interviews Held (if necessary) ~ 25+ days after Closing Date 1/31/2024

7. Intent to Award Announced ~ 30 days after Closing Date 2/9/2024

8. Contract Negotiations ~ 35 days after Closing Date 2/14/2024

9. Contract Award 2/20/2024

SCOPE OF SERVICES

3.1 General Requirements

• Personnel, Materials, & Equipment: The Contractor 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 Contractor shall provide and use all safety equipment including, and not limited to hard hats, safety vests and clothing required by State and Federal regulations and City policies and procedures.

• Professional Responsibilities: The Contractor 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 Contractor and the City staff will meet as required during contract duration. The objectives of the meeting will include reviewing the scope, budget, schedule and deliverables. The Contractor will organize and manage the project team and coordinate with city project manager and City staff.

• Monthly Invoices/Remittance Sheets and Progress Reports: The Contractor shall prepare monthly invoices and progress reports as outlined in record keeping and reports.

3.2 Specific Requirements

The selected contractor will be providing parking enforcement services for the City’s downtown parking District. The District includes four (4) City owned public parking lots, one (1) City owned three story parking garage and approximately twelve (12) blocks of public on street parking. All public parking in the District is time regulated.

Patrol Area and Hours of Enforcement:

• Patrol areas are referenced in Appendix D, the “Enforcement Boundary Map” o Any changes to the Enforcement Boundary Map shall be agreed upon by both contractor and City through a formal amendment to the executed contract o It is expected that the City may expand the boundaries of the patrol area within the contract term to include the “supplemental area” defined on the Enforcement Boundary Map o Any amendments to the executed contract shall detail the expanded boundaries of the patrol areas and any additional costs associated with expanded enforcement requirements

• Enforcement shall occur Monday through Saturday from 8:30 am to 5:00 pm o Enforcement shall not occur on City approved holidays, which are referenced in Appendix

E, 2023 APPROVED CITY HOLIDAYS

o The City will occasionally ask contractor to provide enforcement service outside of service boundary area. Any enforcement activities of this type will be agreed upon by City and Contractor and billed at standard contractor rates.

• Non-enforcement hours, of up to 1.5 per day, Monday through Saturday, maybe designated for use by the Enforcement Officer for customer service, court time and non-enforcement activity.

If non-enforcement activity does not require the full 1.5 hours per day, the Enforcement Officer shall spend that time enforcing on-street parking during normal business hours

• Enforcement hours may be necessary for special events or assignments. Additional hours shall be billed at standard rates. The decision to use straight time or overtime rate will be based upon the contractor’s Enforcement Officers availability and will be agreed upon in advance by Contractor and City Manager or designee

• Contractor shall review and seek approval from the City Manager or designee regarding any modifications to service hours or the enforcement boundary due to inclement weather conditions.

3.3 Enforcement Duties

• Contractor shall enforce current and future approved parking regulations with respect to on street parking, structure parking, and surface lot parking within the District.

• Contractor will be responsible for proposing patrol routes and schedules. The City requires that coverage is adequate, fair, regular and consistent and may request documentation on routes and schedules and reserves the right to require Contractor to adjust Patrol route and schedule to attain City goals

• Contractor will alternate the Enforcement Officer’s patrol routes on a regular basis to eliminate predictability

• Contractor shall operate in conformance with City Ordinances and Parking Enforcement polices now in effect or approved during the term of the contract.

o Reference Appendix F for Ashland Municipal Code chapter 11, Parking Regulations

• Enforce timed parking regulation violations

• Enforce restricted “no parking” areas

• Enforce handicapped parking violations

• Enforce abandoned vehicle (72 hour) parking violations

• Enforce violations for parking in crosswalks, violations for parking outside of marked stalls, violations for parking in no parking areas or as prohibited by State or local laws

• Enforce violations for parking in a hydrant area, within a driveway approach, within intersections and crosswalks

• Enforce parking restrictions and zones when required by a special event or permit

• Contractor will determine whether any parked vehicles need to be booted or towed in accordance with criteria provided by the City. If vehicle meets criteria for towing, contractor shall arrange for towing of the vehicle in violation of regulations.

• Contractor shall report any/all missing or damaged signage found within the “district”.

Notification shall be sent to assigned city staff person responsible for management of the parking enforcement contract. Notification will include type of sign and exact location

• Contractor to maintain paid parking service equipment within the Hargadine Parking Structure and any additional parking service equipment placed by the City during the approved contract term

• Contractor shall collect all fines associated with conformance to contract requirements. The contractor will be first point of contact regarding complaints, followed by responsible city staff person if a resolution cannot be attained. The contractor is not entitled to any part of the original parking fine amount collected. The contractor shall remit to the City 100% of all fines, including any delinquent fees for the prior month, to the City at a date to be determined prior to final contract approval o Parking fine amounts are approved by the City Council and enacted through resolution Reference Appendix G for the current parking fine resolution

• Parking citation appeals will be handled by the City of Ashland Municipal Court o Court Appearance – Proposer’s employee(s) shall appear in Court when necessary, meet with the City Attorney(s) regarding cases, and will supply any evidence needed to support tickets issued.

o Parking citation appeals will be handled in the same manner as the citations appealed in the City of Ashland Municipal Court

• Contractor shall send out a delinquent letter notice to the registered owner of the vehicle 15 days after the citation was issued, if the fine has not yet been received.

• Contractor if operating a vehicle in conformance to contractual requirements shall;

o Vehicle operator shall have a valid Oregon driver’s license o Vehicle shall have appropriate vehicular markings o Vehicle shall be operated in compliance with state and local motor vehicle laws o The rear of any patrol vehicles shall have a warning sign of “frequent stops” o City must pre-approve the use of any enforcement vehicle

• Foot enforcement personnel and bike enforcement personnel may be used in lieu of vehicles, as long as adequate coverage is maintained

3.4 Personnel & Operations Methodology

• Contractor will be responsible for assuring employee compliance with laws and regulations.

Compliance for all employment related laws and regulations, respond to inspections/audits by regulatory agencies, and pay any fines or assessments levied by regulatory agencies. Contractor will be responsible for all supervision, disciplinary and termination actions.

• Contractor is responsible for obtaining and maintain office and storage space

• Contractor shall be responsible for all direct operating costs throughout the contract duration including;

o Personnel labor rates o Supervisor rates o Record keeping o Bookkeeping o Supplies required for contract conformance o Uniforms/clothing

• Contractor shall perform all selection and recruitment of parking enforcement personnel o Individuals selected must qualify for a Limited Commission from the City. Contractor must provide the City with all personnel information required for issuing a Limited Commission. The City shall review all background forms and information gathered on a prospective enforcement employees prior to authorizing issuance of a Limited Commission. The following criteria are used in determining eligibility for a Limited Commission.

Possession of a high school diploma or G.E.D Certificate Physical and mental capacity for performance of duties Ability to give and follow oral and written instructions in English Ability to effectively communicate with public and City officials Ability to remain calm and use good judgement and initiative in an emergency Successful completion of a background check for criminal convictions, warrants and references Possession of a current and valid Oregon State driver’s license No record of driver’s license suspension Acceptable pre-employment drug screen

• Contractor is responsible for discipline and/or termination of employees with Limited Commissions. If committed, Limited Commissions may be revoked by the City under the following conditions:

o False information on an application or during interview process, or discovery of information that, in the opinion of the City, would otherwise disqualify the person from consideration o Failure to maintain a current and valid Oregon State driver’s license o Use of illegal drugs or alcohol in the workplace o Conviction of a misdemeanor or felony, consistent non-professionalism, or any unlawful behavior during the time of employment

• Contractor shall provide all parking enforcement personnel with professional appearing uniforms consisting of shirts, trousers/shorts and jackets. All uniforms shall have markings designating the wearer as official parking enforcement personnel.

• Contractor’s employees shall carry photo identification while on duty

• Contractor’s employees shall not carry a firearm or any type of weapon while on duty

• Contractor’s employees are to perform enforcement services in an impartial, polite and courteous manner. Confrontations are to be avoided

• Contractor’s employees are not to implicitly or explicitly represent they are Police Officers

• Contractor shall be responsible for assuring employee compliance with all laws and regulations, compliance for all employment related laws and regulations, and all parking enforcement personnel will be considered employees of the contractor and not of the City of Ashland.

3.5 Training

• Contractor is responsible for complete training of parking enforcement personnel. Training shall include, but not be limited to:

o Customer service and expectations;

o Information about the City in general, and the Ashland Municipal Code regarding parking regulations;

o Dealing with difficult people; conflict management and dispute resolution;

o Civil Right Law and Procedures o Providing Courtroom testimony and procedures o Job procedures and emergency protocol;

o Job safety as required by OSHA;

o Public and Traffic Safety.

• The City will provide all materials related to regulations concerning enforcement to Contractor.

All other training materials are to be provided by Contractor

3.6 Record Keeping and Reports

• Contractor is responsible for all employment related record keeping and shall provide, upon request by the City, personnel and training information for each employee

• Contractor shall have individual a personnel files containing the following information;

o Completed application form o Completed background investigation and testing process o Training received (Contractor to furnish outline of training program to City for approval prior to issuance of Limited Commission) o Complaints received against employee including disposition

• Each enforcement officer shall maintain a daily log book of conversations, complaints and unusual circumstances that occur while performing work duties. The log book shall be kept current and up to date at the end of each shift. In addition, each enforcement officer shall include in the daily activity log the following;

o Number of citations by type of violation and by location o Number of warnings o Number of impounds o Location and hour of handicap parking enforcement o Number of parking related service request from citizens o All of the above are to be reported by day, date, hour and location

• Contractor shall keep all record as listed above for at least three (3) years following the expiration or termination of the agreement. Contractor shall keep all records in its regular business office and shall keep the records in an orderly manner as may be instructed by the City to assure easy access and reference e to the records and shall make all records available for inspection and copying by the City during business hours.

• Contractor shall be responsible to summarize on a monthly basis, total work hours, patrol and non-patrol, customer service hours and records of court time. This summary will also include a cumulative total of unused non-enforcement hours.

• Contractor shall provide on a monthly summary, all ticket activity including number of tickets issued by infraction type, by location, and a list of voided tickets with reason for voiding.

Contractor shall only void tickets after approval from the City’s Municipal Court Judge

• Contractor shall provide a monthly summary of the statistical usage of the Hargadine parking structure

• Monthly reports shall be provided to the City at a date mutually agreed upon in the final contract.

3.7 City Rights

• City can establish, modify, add or delete enforcement areas, routes or hours of enforcement.

Any changes that result in fewer hours of enforcement will be credited to the City at the hourly billing rate. Any changes that result in additional hours beyond those that are required by the then current contract shall be billed at the hourly billing rate

• City can set all hours of enforcement operations and approve daily and weekly assignment schedules

• City can modify, alter, add delate or replace any:

o City supplied forms and or equipment o Procedures, instructions and coded during the contract term o Enforcement areas, beats, level of enforcement, placement of enforcement effort and type of enforcement

• City can approve or disapprove of any employee employed by contractor and to test all new employees before issuing enforcement authority and to withdraw the enforcement authority of any personnel permanently or temporarily when such action is in the best interest of the city

• City can request removal of any employee when continued employment would be detrimental to the best interest of the City. City shall provide such request in writing

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 Proposer’s approach to management of the City’s parking enforcement program as outlined in the Section 3, Scope of Services.

4.2 Project Team Experience, Quality of Service (50 Points Possible)

Provide a breakdown of contractor’s ability to perform services as reflected by technical training, education, general experience, specific experience in providing parking enforcement services reflected in this RFP. Describe the experience and qualifications of proposed manager. Provide information regarding key staff members who are anticipated to perform services. Describe team member’s roles, specialized expertise and relevant project experience of key staff. Also, include a brief description of the proposer’s resources. Include descriptions of parking enforcement experience including previous municipal work. Include customer feedback received (if any) and references (name, title, phone, email).

4.3 Fee Schedule (unit costs) (30 Points Possible)

Proposer shall provide a detailed breakdown of costs for anticipated scope of services

4.4 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.

4.5 Scoring

CATEGORY POSSIBLE POINTS POINTS SCORING

1. Project Approach 20

2. Project Team Experience, Quality of Service 50

3. Fee Schedule 30

4. Termination for Default P/F Total 100

EVALUATION PROCESS AND CONTRACTOR 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 this RFP 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 the RFP documents 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, City Rules, and all applicable local, state, and federal 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,

• do not change the meaning or scope of the RFP,

• 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.

The City reserves the right to refrain from making an award if the City determines that to be in its best interest. The City may cancel this procurement or reject any or all proposals in accordance with ORS 279B.100.

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

5.3 References

City reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent’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.

City reserves the right to check any and all sources for information and to include sources for information and to include sources other than the references provided in the Proposer’s proposal. City may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents.

5.4 Responsibility

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

The 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 the 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 the placement of Proposer on an interview list (short-listed). Should the City elect to hold interviews, the total additional points possible for the interview will be 100.

The City may invite up to three (3) of the highest-ranked Proposers to interview. The Proposer’s Key Persons, as identified by the City, shall be prepared to attend the interview within five (5) business days of notification by the City, and shall be prepared to answer questions provided with the invitation to interview letter and any other questions asked at the time of the interview. They should also be prepared to discuss the Proposer’s proposed project approach.

5.7 Finalist Selection

The Proposer 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 Proposers will be ranked according to next highest score, etc.

5.8 Ties among Proposers

If the City determines, after the evaluation of Proposers, that two or more of them are equally qualified to be the finalist, the City may select a candidate through any process that the City believes will result in award of the contract in the best interest of the City, taking into account the scope, complexity and nature of the services to be performed. 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.

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 a copy of the written notice to all Proposers.

5.10 Contract Negotiation

After issuance of the Notice of Intent to Award, the City will begin negotiating the details of the scope of work with the highest ranked Proposer in order to 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.

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 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 Notice of Intent to Award 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 this RFP or because all higher-ranked Proposers otherwise are not qualified to perform the services described in this RFP.

Eligible Proposers protesting the City’s Notice of Intent to 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 bid of 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 Manager within three (3) business days of issuance of the Public Works Director’s determination (response).

f) The City Manager 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 Manager 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 Manager within two (2) business days of issuance of the City Manager’s written determination.

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

Public Works Director and the City Manager 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 administrative remedies before seeking judicial review of the City’s Notice of Intent to Award the contract.

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 Services Agreement, in substantially the form as found in Appendix A of this RFP.

CONTRACT

6.1 Contract Form

The contractor 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 in this RFP. Unconditional refusal to accept contract provisions will result in proposal rejection.

Contract Duration –

• Three (3) years from original date of contract approval by the City Council

• Two (2), optional one (1) year extensions

• Maximum contract duration is five (5) years

Contract Payment – Contingent upon City’s need, contractor’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 – Contractor 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, 2018 ($15.12 per hour):

• For all hours worked under a service contract between their employer and the City if the contract exceeds $21,127.46 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 $21,127.46.

• 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 contractor 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.

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 and endorsements prior to commencing work under the contact. The certificate will specify all of the parties who are additional insures. The contractor’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 Chapters 279A and 279B of the Oregon Revised Statutes, and Chapter 2.50 of the Ashland Municipal Code..

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 12-point font minimum.

• Except for proposer attachments, proposal form 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 hour and date of the advertised proposal closing.

• A total of six (6) originals (wet signatures), and complete proposals shall be submitted to the City prior to the advertised date and time set for closing.

• 1 digital copy of all submitted documents on 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 RFP.

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 interest to do so. Proposers 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: submittal 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 Proposers submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Contractor”.

“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 Contractor.

“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, substitutions or clarifications to this RFP or the attached terms and conditions, will be issued by an official addendum. Proposer shall indicate receipt of all issued addenda by indicating the number of addenda received on the Proposal Form.

Any addenda issued by the City seventy-two (72) hours or more before the scheduled date and time set for closing time, excluding Saturdays, Sundays and legal holidays, shall be binding upon the proposer.

The City may elect to email addenda to registered proposers but will do so as a courtesy only. All official addenda will be issued through ORPIN, and it shall be the proposer’s sole responsibility to acquire any and all addenda pertaining to this RFP. The proposer is advised to monitor the ORPIN 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 date and time set for closing.

A proposer’s written protest must contain the following:

• 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. 2023-06 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 requirement, the City may extend the date and time set for closing if the City determines an extension is 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 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.

7.11 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 RFP closing time.