212194 RFP.pdf

PUBLIC WORKS DEPARTMENT

Consultants of Record (COR) to Provide LIDAR Survey

Right of Way Data Collection and Extraction Services on a

Continuing Service Basis

RFP NUMBER: 212194

CLOSING DATE: May 13, 2022 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 212194

Public Works Department

Consultant of Record (COR) to Provide LIDAR Survey Right of Way Data Collection and

Extraction Services on a Continuing Service Basis

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is seeking proposals from a qualified ESRI

Partner vendor consultant to collect 360° imagery and terrestrial LIDAR along public roads within the City’s Urban Growth Boundary. The consultant will then extract/derive transportation, roadway assets, and pavement conditions to populate the City’s enterprise GIS system and asset management system.

Proposals will be received until, but not after 4:00 p.m. (local time), May 13, 2022. Proposals will only be accepted electronically through Equity Hub’s Bid Locker.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each Proposal is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

Supported web browsers: Chrome, Firefox, Safari, and Vivaldi.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission.

The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

Prospective proposers may obtain these solicitation documents by registering on the OregonBuys website and downloading them. Proposers shall consult the OregonBuys system regularly until closing date and time to avoid missing any notices. To register on OregonBuys go to https://oregonbuys.gov. The City shall advertise all Addenda on OregonBuys. Prospective proposers are solely responsible for checking OregonBuys to determine whether or not any

Addenda have been issued. RFP documents will not be mailed to prospective proposers.

https://www.esri.com/en-us/about/partners/overview https://bidlocker.us/a/salem_or/BidLocker mailto:help@equityhub.us https://bidlocker.us/files/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf

Page 2 Request for Proposal

Any objections to or comments upon the RFP specifications must be submitted in writing to the office of the Contracts and Procurement Manager, by email sself@cityofsalem.net.

They must be received no later than May 3, 2022 at 5:00 PM (local time).

Proposals received will be held confidential until a recommendation for award has been approved by the Department Director. Thereafter, all Proposals will be available for public inspection by submitting a Public Records Request through the City Recorders Office

(https://www.cityofsalem.net/Pages/public-records-request.aspx).

The City will be the sole judge in determining award of Agreement and reserves the right to reject all Proposals.

Human Rights: It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws. The City’s complete Title

VI Plan may be viewed at https://www.cityofsalem.net/Pages/equity-and-accessibility.aspx.

Proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules, and regulations if awarded an agreement by the City.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the successful proposer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful proposer of the successful proposer’s obligations under this Agreement and the Salem Revised Code Chapter

97, Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.

The City is an Equal Employment Opportunity employer.

Questions regarding the City’s RFP process may be addressed to Shawna Self, CPPB, Contracts and Procurement Manager, who may be reached at (503) 588-6445 or by email at sself@cityofsalem.net during City business hours.

The City operates and maintains Americans with Disabilities Act compliant facilities.

Reasonable accommodations are available upon request.

Shawna Self, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: April 15, 2022

REQUEST FOR PROPOSAL NUMBER: 212194

REQUEST FOR PROPOSAL CLOSING: May 13, 2022 at 4:00 pm (Local Time) mailto:sself@cityofsalem.net

Page 3 Request for Proposal

RFP #212194

Public Works Department

Consultant of Record (COR) to Provide LIDAR Survey Right of Way Data Collection and

Extraction Services on a Continuing Service Basis

The City of Salem (“City”) is a municipal corporation serving a community with a population of approximately 168,000. It is the capital of the State of Oregon and the county seat of Marion

County. The City has a Council-Manager form of government with an elected mayor and council.

The City has approximately 1,200 employees and nine operating departments (listed below).

City Manager Legal Fire

Enterprise Services Police

Community Development Public Works

Urban Development Finance

SECTION 1: BACKGROUND

1.1 General Information

The City is embarking on a multi-year project to upgrade its asset management system ensuring the system become GIS-centric – meaning all assets of the system will be GIS features. To empower this large transition, the City is seeking competitive proposals from qualified ESRI Partner vendors to collect 360° imagery and terrestrial LIDAR along public roads within the City’s Urban Growth Boundary. The consultant will then extract\derive transportation, roadway assets, and observed pavement conditions to populate the City’s enterprise GIS system and asset management system.

Project roadways within the Urban Growth Boundary are primary suburban and urban environments with centerline mile characteristics below:

Road Class Mileage AVG Lanes Lane/Miles

Local Named 581.51 2 1,163

Major Collector 74.56 2 149

Major Arterial 66.52 4 266

Minor Arterial 49.08 3 147

Public Unnamed or Alley 35.02 1 35

Private Named 24.16 2 49

Highway 20.08 4 80

Parkway 16.49 4 66

Ramp 3.25 2 7

Private Unnamed 0.96 2 2

Couplet 0.52 4 2

Other 0.38 2 1

Total 872.53 1,967

Page 4 Request for Proposal

1.2 Consultant Services

The City is seeking proposals to hire a Consultant of Record (COR) to provide the services contained within Section 2 on a continuing services basis. Services will be provided under renewable annual contracts with up to a maximum of four (4) additional one (1) year renewal periods. Under these contracts, work releases will be negotiated and assigned on an as needed basis based on the scope of requested services. The first year contract is anticipated to include all task and services. Subsequent requests and associated releases to update select information will be made on an as needed basis. For example, in years 3 and

5 services are anticipated in order to update the PCI for collector and arterial roadways.

SECTION 2: SCOPE OF REQUESTED SERVICES

The COR shall provide requested services on an “assignment by assignment” basis and for a “not to exceed” fee based on negotiations. The City makes no guarantee as to the volume of work, if any, that will be assigned in any given contract year. Each project assignment will consist of a specific scope of services as described in subsection 2.1.

2.1 General Scope

A. Task 1 – Project Management

▪ Objective - The City intends to pursue an aggressive timeline, with a target date of completion of all subsequent tasks no later than 6 months from the start date of contract execution. This will require careful project management and coordination between the successful proposer and City staff.

▪ Deliverables

• The successful proposal will develop a project approach plan, schedule, and budget in consultation with City staff. The project plan will also identify the successful proposer’s project manager.

• Shared project website or tool to allow virtual collaboration and communication and reporting of status of tasks.

• Routine check-in meetings. Depending on phase or task of project and mutual agreement this may need to be as frequently as multiple times per week to monthly.

B. Task 2 - 360° Street Level Imagery and LIDAR Data Capture.

▪ Objective – Capture 360° orthorectified spherical street level imagery and

LIDAR point clouds for the approximately 873 miles of public rights-of-way within the City’s Urban Growth Boundary. The City will provide GIS street centerline data of roads to be driven.

▪ Requirements

• Survey vehicle’s camera and sensor systems must have clear field of view in all directions with no impediments from any vehicle parts.

• Survey vehicle must have positional accuracy of less than 6 inches on average.

Page 5 Request for Proposal

• Imagery must be high resolution with no less than 75-megapixel images.

• Imagery must be collected spatially frequently with points of capture being no less than 20 feet apart.

• Imagery must be free of digital artifacts, excessive shadows, radiometric and tonal imbalance, glare, extreme contrast, smearing, warping or distortion of features, ghosting, voids, and artificial colorations.

• All imagery and LIDAR must be tagged with appropriate metadata including Unique ID, date\time of capture, estimated accuracy, and camera orientation.

• Imagery must be processed to blur faces and license plates to ensure privacy

• All data must be captured in Coordinate system:

o Horizontal Datum: NAD83(2011), Epoch 2010.00, Oregon

North Zone, International Foot o Vertical Datum: NAVD 88

• Spatial Accuracy – Precise measurements of objects in space must have an average absolute standard deviation of 4 inches or less.

• All imagery and LIDAR postprocessing will be conducted by the successful proposer.

▪ Deliverables - All post processed imagery and LIDAR must be hosted by the vendor and accessible by City staff in an easy to use “viewer” web tool.

There is to be no limit of user logins. It is preferable that authentication of the viewer tool utilize the City’s Active Directory and thus enable a single sign on experience (SSO).

• Web tool:

o Modern, responsive, and mobile friendly web app accessible for at least the duration of the contract.

▪ Web applications shall be ADA and WCAG Section

508 compatible.

o Provides search capabilities including by address, coordinates or unique ID of extracted features (See Task 3 and 4).

o 3D Measuring tools. Ability to determine location and dimensions in 3D space of objects in imagery (point, line, and area measurements).

o Ability to create or draw markups\notes\shapes\persistent measurements within imagery.

o Ability to export or download selected imagery, LIDAR point clouds, and feature shapes\markups in appropriate formats.

o Ability to export saved views and images.

Page 6 Request for Proposal o Ability to share “workspaces” (point of view, markups, measurements, shapes, etc.) between users of the web tool.

o Ability to toggle between imagery and LIDAR point cloud views.

o Extracted assets and imagery from Task 3 and 4 will be viewable in the web viewer offering an augmented reality experience. Asset features will be identifiable by clicking on the feature.

o Web viewer must have a modern JavaScript API for custom integrations with other City systems.

• Online support documentation.

• Responsive technical support services.

o Directly available by telephone and email support during

City of Salem normal business hours.

• Option to purchase live and or curated training services.

• Summary report of miles driven, areas collected, and accuracy of data collected.

• The City recognizes that some streets may be undriveable or unpassable. The successful proposer in good faith will take every opportunity to try to capture all centerlines identified but will document which were not drivable and the reason and provide these undriven segments as GIS features in a ESRI File Geodatabase format.

C. Task 3 – ArcGIS Integration

▪ Objective - Provide and maintain tools\plugins\apps within ArcGIS

Desktop, ArcGIS Pro, ArcGIS Online, and Portal that integrates the collected imagery\LIDAR of Task 2, extracted features from Task 4, and

PCI measurements of Task 5.

▪ Requirements

• Integration tools\plugins\apps\APIs must be in support and in concert with ESRI’s software product lifecycle and new release cycle.

• Ability to use the native editing capabilities of the ArcGIS platform to collect features in 2D or 3D from the imagery.

▪ Deliverables

• Integrations with the above products which allow the viewing, measuring, and feature creation from the imagery, LIDAR, extracted assets, and PCI measurements.

• Online support documentation.

• Responsive technical support services.

o Directly available by telephone and email support during

City of Salem normal business hours.

• Option to purchase live and or curated training services.

Page 7 Request for Proposal

D. Task 4 – Asset Extraction

▪ Objective – For all centerlines provided, extract GIS features which will be used in the City’s asset management program.

▪ Requirements

• The successful proposer will postprocess collected imagery and

LIDAR and extract GIS feature classes and attribute fields as defined in Appendix C.

▪ Deliverables

• Successful proposer will deliver asset feature classes (as defined above in requirements) in an ESRI file geodatabase format in coordinate system and datum as defined in Task 2. Successful proposer will make these asset feature classes available in the Web tool of Task 2.

E. Task 5 – Pavement Condition Index (PCI)

▪ Objective – For centerlines only within City Limits, extract GIS pavement defects and segment PCI scores as defined by ASTM 6433. This is used for mandatory State of Oregon reporting requirements.

▪ Requirements

• The successful proposer will postprocess collected imagery and

LIDAR and extract GIS feature classes and attribute fields as defined in Appendix B.

▪ Deliverables

• The successful proposer will deliver asset feature classes (as defined above in requirements) in an ESRI file geodatabase format in coordinate system and datum as defined in Task 2. The successful proposer will make these asset feature classes available in the Web tool of Task 2.

• The successful proposer will provide orthorectified NADIR imagery of the City’s pavement as an imagery layer in the Web Tool as defined in Task 1 and in ESRI file geodatabase format in coordinate system and datum as defined in Task 1.

2.2 Completion of Work

All data collection work included under Task 2 shall be completed during weather conditions conducive to dry pavement and no later than September 30th of each calendar year that the contract is in place.

All deliverables for work included under Task 5 shall be completed and delivered to the City of

Salem in final form no later than December 31st of each calendar year that the contract is in place.

All other work shall be completed and delivered to the City of Salem in final form within 180 days of data collection completed under Task 2.

Page 8 Request for Proposal

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

3.1 Organization of the Proposal

Proposers must organize and present their proposal materials in the same order as presented below, and include page numbers. Proposals received without following this format, or received after the deadline and stated place of delivery, may be rejected as non-responsive.

A. Cover Letter: A cover letter indicating the proposer’s understanding and compliance of the services as specified in the Section 2, Scope of Requested Services, to be performed and the approach to provide these services to meet the needs of the City.

Signatory of this letter shall be authorized to contractually bind you to a contract with the City.

B. ESRI Partner Vendor Certificate: A copy of ESRI Partner vendor certification.

C. Organization Structure and Approach to this Project: Brief summary of your organization, structure, and size. Specifically include a brief description of your available in-house areas of expertise. Indicate which of your staff will be assigned to this project. Indicate the amount and/or type of project support anticipated to be provided by various employees. Identify the level and nature of support anticipated from City staff. Describe your approach to the project.

D. Qualifications of Firm’s Staff: Provide resume(s) with qualifications and experience of the individual(s) who will provide services to the City in compliance with Section

2, Scope of Requested Services. Describe the number of years of experience they have in performing work substantially the same as that needed by the City and summarize their qualifications.

E. Mobilization: Specifically address your firm’s ability to mobilize with short notice to provide these services. Describe your ability to provide alternative, innovative, and cost effective solutions.

F. Fee Proposal: Provide a fee estimate for the proposed work utilizing the proposal form included in Section 3.2.

G. References: A list of clients with telephone numbers that may be contacted for three to five projects performed within the last five years by your firm or by the individuals that are closely related to those described in Section 2: Scope of Requested Services.

3.2 Fee Proposal

A. Fee Proposal Form

ITEM DESCRIPTION

ESTIMATED

QUANTITY

UNIT OF

MEASUREMENT

UNIT

PRICE

TOTAL

PRICE

1 Project Management All Req’d Lump Sum $

360° Street Level

Imagery and LIDAR 1,967 Lane Miles $ $

Page 9 Request for Proposal

Data Capture

3 ArcGIS Integration All Req’d Lump Sum $

4 Asset Extraction All Req’d Lump Sum $

Pavement Condition

Index 1,967 Lane Miles $ $

TOTAL BID AMOUNT $

B. Schedule of Values for Lump Sum Items

Negotiation of work assignments including lump sum items require the COR to provide a schedule of values apportioning the lump sum into quantifiable and measurable sub tasks with levels of effort and costs associated. The intent of this is for both the COR and the City to be able to agree ahead of time on what is included and how this work should be timely accounted for and properly compensated. Schedules of values are not required to be turned in with the proposal but will be required prior to execution of the contract.

C. Fee Breakdown

Anticipated subsequent work in years 3 and 5 to update the PCI information on Collector streets and higher, a fee breakdown is requested for the following listed items:

ITEM DESCRIPTION

ESTIMATED

QUANTITY

UNIT OF

MEASUREMENT

UNIT

PRICE

TOTAL

PRICE

1 Project Management 1 Hour $ $

360° Street Level

Imagery and LIDAR

Data Capture

717 Lane Miles $ $

Pavement Condition

Index 717 Lane Miles $ $

Provide this fee breakdown with your proposal, however, it will not be part of the evaluation criteria. Project Management hours will be estimated and adjusted utilizing information from the schedule of values for this task.

SECTION 4 PROPOSAL EVALUATION CRITERIA AND SELECTION PROCESS

4.1 Evaluation Criteria

Although cost of services is important, the City will not necessarily select the lowest cost proposal for the award. The City reserves the right to award a contract based on initial proposal submittals or, at the sole discretion of the City, to conduct interviews with any or all of the proposers. Any interviews shall be held for the purpose of clarity of proposals and will not be scored. However, the Proposal Selection Committee members may use the interview process as an opportunity to adjust their original proposal scores to reflect any additional understanding of proposals that they derived from the interviews. In addition to submitted proposal information, the City reserves the right to use any information that it is aware of, independent of the submitted proposals, in determining consideration of contract award.

Page 10 Request for Proposal

The City will not pay for any costs incurred by proposer in responding to this RFP to include costs to the proposer to conduct interviews and presentations.

The evaluation criteria to be used for this RFP are summarized below:

A. Cover Letter (Pass/Fail). Failure to provide all the information requested in 3.A will result in a Fail. Your proposal would be considered non-responsive and would not be considered for further evaluation.

B. ESRI Partner Vendor (Pass/Fail). Failure to provide ESRI certification will result in a Fail. Your proposal would be considered non-responsive and would not be considered for further evaluation.

C. Organization Structure and Approach to this Project. 25 points out of 100 points may be awarded for Organization Structure and Approach to this Project.

Proposers will be evaluated on their approach to this Project. Proposers will also be evaluated on their ability to provide internal quality control. The City will also review and evaluate the level of anticipated involvement from various staff members, by name and/or title, and the roles each would be expected to serve in project completion.

D. Qualifications of Firm’s Staff. 25 points out of 100 points may be awarded for

Qualifications of Firm’s Staff.

Proposers will be evaluated based on the training and experience of their employees. The City seeks proposals from technical experts in the field who have prepared similar work products for local governments. Qualifications and experiences of individual staff members are relevant only in cases where the staff is anticipated to be directly involved in this Project.

E. Mobilization. 10 points out of 100 points may be awarded for Mobilization.

The ability to mobilize in a timely fashion.

F. Fee Proposal. 30 points out of 100 points may be awarded for Fee Proposal.

Points will be based on a comparison ration between proposals received.

Score = lowest proposed fee / proposed fee * 30 points. Please be sure your pricing proposal is as detailed as possible.

G. References. 10 points out of 100 points may be awarded for References.

Note: Additional references may be sought out by the evaluation committee to include, but not limited to, City staff and other governmental agencies.

Proposer must list at least three (3) references. References will be evaluated based on the similarity of work completed to the work required based on this RFP as well

Page 11 Request for Proposal as the reference’s evaluation of the quality of the work performed. An outstanding recommendation for less relevant work products may not score as well as a positive recommendation on directly related work.

Evaluation Criteria Maximum Points

Cover letter Pass/Fail

ESRI Partner Vendor Certification Pass/Fail

Organization Structure and Approach to this Project 25

Qualifications and Experience with Similar Projects 25

Mobilization 10

Fee Proposal 30

References 10

Total Maximum Points Possible 100

4.2 Selection Process

An RFP Selection Committee will be appointed by the City to evaluate and rank all qualifying proposals received by the closing date. Interviews/oral presentations may be conducted with the top ranked proposers. Those proposers selected for interviews/oral presentations will be notified by the City. The City will negotiate a final agreement with the proposer with the combined highest ranking. If no acceptable arrangements can be made, negotiations with the next highest ranked proposer will occur.

The successful proposer will be required to complete an Agreement in the form of a

Personal Services Agreement (sample included in Appendix A), which will incorporate this RFP and proposer’s response as a part of the Agreement.

SECTION 5: INFORMATION AND INSTRUCTIONS TO PROPOSERS

This section contains administrative and procedural information and instructions for preparation and submittal of the proposal. Note: This RFP process offers several opportunities for prospective proposers to submit formal protests. Filing a protest with the

City requires submitting $500.00 with the formal written protest. Prospective proposers and proposers wishing to submit objections to or comments on RFP specifications of a non-protest nature, must submit them in writing to the office of the Contracts &

Procurement, by email sself@cityofsalem.net. They must be received no later than May 3, 2022, at 5:00 p.m. (local time). There is no fee for filing objections to or comments on RFP specifications of this non-protest nature.

5.1 Anticipated Schedule (subject to change)

April 15, 2022 ................................................................................ Begin RFP Solicitation

May 3, 2022 at 5:00 PM (local time) ................................... Questions/Clarifications Due

May 13, 2022 at 4:00 PM (local time) .................................................. RFP Closing Date

June 2022 ............................................................... Notice of Intent to Award Agreement

June/July 2022 ....................................................... Agreement Award (Anticipated Date)

July 2022 ................................................................................................ Notice to Proceed

Page 12 Request for Proposal

5.2 Qualification Requirements

Each proposer shall respond to the proposal requirements as presented in Section 3, Proposal Submittal Requirements, of this RFP. Proposals received without the required information may be rejected as being non-responsive.

The City shall have the right to disqualify any proposal as a result of the information gathered in its research.

5.3 Pre-Proposal Interpretation of RFP and Requested Changes

Technical questions relating to the requirement and scope of services of this RFP and/or the RFP process should be directed in writing to the Contracts and Procurement Manager, Contracts and Procurement, by email: sself@cityofsalem.net.

Any clarification or interpretation of the proposal documents will be made only by written notification. The City is not responsible for any explanation, clarification, or interpretation given in any manner except by written notification.

Any person who contemplates submitting a proposal in response to this RFP and who wishes to have the City consider a change in any part of this RFP shall submit to the

Contracts and Procurement Manager of the City of Salem a written request for a change or substitution no later than 5:00 p.m. (local time), May 3, 2022. The request shall include the proposed change and the reason for the change. Protest against award based on the scope of services or other content of this RFP will not be considered after this time. Changes to this RFP document shall only be by written addenda.

A copy of any written clarification, interpretation and addendum will be posted on

OregonBuys.

5.4 Protest of Solicitation Document and the Procurement Process

A prospective proposer may protest the procurement process or the solicitation document for an Agreement. A prospective proposer must deliver a written protest to the Contracts and Procurement Manager (email: sself@cityofsalem.net) no later than 5:00 p.m. (local time), May 3, 2022. The prospective proposers shall indicate the reasons for the disagreement through a written protest and shall include a statement of the desired changes to the procurement process or the solicitation document that the prospective proposer believes will remedy the conditions upon which the prospective proposer based its protest.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.5 Execution of the Proposal

The proposal shall be executed in the name of the proposer followed by the signature of the officer authorized to sign for the printed or typewritten designation of the office held.

If the proposal is made by a partnership, it shall be executed in the name of the partnership followed by the signature of an authorized partner.

Page 13 Request for Proposal

If the proposal is made by a Limited Liability Company (LLC), it shall be executed in the name of the LLC followed by the signature of the authorized member(s) or manager(s) authorized to sign for the LLC and the printed or typewritten designation of the office held in the LLC.

If the proposal is made by a corporation, it shall be executed in the name of the corporation followed by the signature of the officer authorized to sign for the corporation and the printed or typewritten designation of the office they hold in the corporation.

If the proposal is made by a joint venture, it shall be executed by each participant of the joint venture.

5.6 Submission of Proposal

Proposals will be received until, but not after 4:00 p.m. (local time), May 13, 2022.

Proposals will only be accepted electronically through Equity Hub’s Bid Locker.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The

City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each

Proposal is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission.

The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

5.7 Response Date

Delivery in the manner stated herein and completeness of submittals as required by this

RFP shall be solely the responsibility of the proposer(s). Submission of proposals or additional information offered after the closing date and time shall not be accepted or considered.

https://bidlocker.us/a/salem_or/BidLocker mailto:help@equityhub.us https://bidlocker.us/files/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf

Page 14 Request for Proposal

5.8 Withdrawal of Proposal

Proposer(s) may withdraw their proposal, by written notice submitted on the proposer's letterhead, signed by the proposer's authorized representative, delivered to the Contracts and Procurement Office by email at contracts@cityofsalem.net. To be effective, the withdrawal must be received prior to closing date and time. The proposer shall mark a written request to withdraw its proposal as follows: “Proposal Withdrawal - RFP #212194.”

5.9 Notice to Proceed

The successful proposer(s) may be given ten (10) calendar days to execute the Agreement and return it to the City. Contractual work may not begin until the notice to proceed has been issued. The notice to proceed will be issued after execution of the Agreements by the

City. The notice to proceed will authorize commencement of the work based on the

Agreement.

5.10 Rights of City to Award or Reject Proposals

This RFP does not commit the City to award or enter into an Agreement. Under no circumstances will the City pay the costs incurred in the preparation of a response to this

RFP. The City reserves the right to:

• Accept or reject any or all proposals or any portion thereof received as a result of this

RFP.

• Negotiate with any proposer(s).

• Accept a proposal and subsequent offers for Agreement from other than the lowest cost proposed.

• Waive any immaterial defects and irregularities in proposals and to waive or modify any irregularities in proposals received, after prior notification to the proposer(s).

• In determining the most responsive proposer, take into consideration any or all information supplied by the proposer in the proposal and the City’s investigation into the experience of the proposer. In addition, the City may accept or reject proposals based on minor variations from the stated scope of services and when such action is deemed to be in the City’s best interest.

• Negotiate a final scope and price with the selected proposer that may differ in some respects from this RFP.

• To seek clarifications of each proposal.

• If proposer chooses to participate in negotiations, they may be asked to submit additional information, or other revisions to their proposal as may be required.

• Consider proposal modifications received at any time before the award is made, if such action is in the best interest of the City.

• To negotiate a final Agreement that is in the best interest of the City.

Page 15 Request for Proposal

5.11 Contract Administrator

The Contract Administrator is Rick Barnes, PE, Assistant City Engineer. All questions relating to the RFP process should be directed in writing to Shawna Self, CPPB, Contracts and Procurement Manager, by email to: sself@cityofsalem.net.

5.12 Economy of Proposal Preparation

Proposals should be prepared simply and economically, by providing a straightforward, concise description of the proposer’s capabilities related to specified elements units or services. Proposals should not include any information not specifically identified or specified as a required response.

5.13 Addenda

In the event that it becomes necessary to revise any part of this RFP, an addenda will be posted on OregonBuys. Prospective proposers are solely responsible for checking

OregonBuys to determine whether or not any addenda have been issued. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by addenda. Addenda, if necessary, will be issued not later than five (5)

City business days prior to the RFP closing date. Addenda shall be signed by the same individual that signs the proposal and SHALL BE SUBMITTED with the proposal.

Proposals received without properly signed addenda may be considered non-responsive.

5.14 Protests of Addenda

A prospective proposer may submit a written protest to an addendum within forty-eight

(48) hours by the close of the City’s next business day after issuance of the addendum. The written protest shall (1) Sufficiently identify the addendum being protested; (2) Identify the specific grounds that demonstrate how the addenda is contrary to law, unnecessarily restrictive, legally flawed or improperly specifies a brand name; (3) Include evidence or supporting documentation that supports the grounds on which the protest is based; (4)

Identify the relief sought; and (5) Include a statement of the desired changes to the addendum that the prospective proposer believes will remedy the conditions upon which the prospective proposer based its protest. The City will not consider a protest to matters not added or modified by the protested addendum. Delivered to the Contracts and

Procurement Division, via email to contracts@cityofsalem.net.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.15 Acceptance of Proposal Content

The contents of the proposal of the successful proposer will become contractual obligations if acceptance action ensues. Failure of the successful proposer to accept these obligations in an Agreement may result in cancellation of the award.

5.16 Public Records and Confidentiality of Proposal

This RFP and one copy of each original response received, together with copies of all documents pertaining to the selection of the successful proposer and execution of a copy of the executed agreement, shall be kept for the City by the Contracts and Procurement

Page 16 Request for Proposal

Office for a period of five (5) years and made a part of a file or record which shall be open to public inspection.

Public Records. By submitting a proposal, the proposer acknowledges that information submitted in response to this RFP is open to public inspection under the Oregon Public

Records Law, ORS 192.311 through 192.513. The proposer is responsible for becoming familiar with and understanding the provisions of the Public Records Law.

Note: Under no circumstances will any proposal information be disclosed by the

Contracts and Procurement Office prior to receiving a written recommendation to award from the Department Head.

5.17 Human Rights

It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by the Salem Revised Code

Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. The City’s complete Title VI Plan may be viewed at www.cityofsalem.net.

Successful proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules and regulations if awarded an

Agreement by the City.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment:

In all solicitations either by competitive bidding or negotiation made by the successful proposer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful proposer of the successful proposer's obligations under this Agreement and the Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. (See Appendix B.)

5.18 Discrimination in Subcontracting Prohibited

Proposer agrees not to discriminate against disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110.

5.19 Notice of Intent to Award

All responsive and evaluated proposers to this RFP will be notified of the City’s intent to award an Agreement not less than seven (7) days prior to award. The City will issue a notice of intent to award based on the results of its evaluation process. The notice of intent to award will be posted on OregonBuys only.

5.20 Protest of Intent to Award

A proposer may protest the award of the Agreement or the intent to award such Agreement, whichever occurs first, if the proposer claims to have been adversely affected or aggrieved http://www.cityofsalem.net/

Page 17 Request for Proposal by the selection of a proposer. 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 the highest ranked proposers otherwise are not qualified to perform the services described in this RFP. The proposer must deliver the written protest to the Contracts and Procurement Division to contracts@cityofsalem.net, within seven (7) days after issuance of the notice of intent to award the Agreement or if no notice of intent to award is issued, within forty-eight (48) hours after award. A proposer’s written protest shall specify the grounds for protest to be considered by the City pursuant to ORS 279B.410(2). The City Manager shall not consider a proposer’s award protest submitted after the above timeline. The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.21 Incurred Costs

Neither the City, nor its officers, agents, or employees are liable for any cost incurred by proposer(s) prior to issuance of an agreement, or purchase order. All prospective proposer(s) who respond to this RFP do so solely at the proposer's cost and expense.

5.22 No Warranty

All facts and opinion stated within this RFP and all supporting documents and data are based upon information available from a variety of sources. No representation or warranty is made with respect thereto.

5.23 Statement of Time

A period of time, unless stated as a number of City business days, shall include Saturdays, Sundays, and holidays.

The word “day” as used in this RFP document, and any resulting Agreement awarded as a result of this process, shall constitute a calendar day of twenty-four (24) hours measured from midnight to the next midnight.

When a time period is identified by days, it is computed by excluding the first day and including the last day. When the last day falls on a Saturday, Sunday, or City’s holiday, that time period shall extend to the next City business day.

5.24 Right to Audit

The successful proposer shall maintain financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. The successful proposer(s) shall retain these records for a period of five (5) years after final payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the Agreement and the subsequent five-year period for examination, transcription, and audit by the City, its designees, or other authorized bodies.

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5.25 Accept or Reject Proposals

The City reserves the right to accept or reject any or all proposals in response to this RFP without cause or to delay or cancel this RFP process without liability to the City if the City determines it is in the public interest to do so.

5.26 Additional Information

The City reserves the right to request additional information following their initial review of the proposal documents that the City deems reasonably necessary to evaluate, rank, and select the most qualified proposer(s). The City staff may conduct a review and verification of confidential information with staff and consultants.

5.27 Right to Modify Process

The City reserves the right to modify the selection process or other aspects of this RFP process at its sole discretion. The Contracts and Procurement Office will take reasonable steps to ensure that any modification or clarification to this RFP are posted on OregonBuys.

5.28 Debarment of Proposer

The Contracts and Procurement Manager may debar prospective proposers from consideration for Agreements for a period of not more than three (3) years if:

1. The prospective proposer has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract subcontract or in the performance of such contract or subcontract;

2. The prospective proposer has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects the prospective proposer’s responsibility as a contractor;

3. The prospective proposer has been convicted under state or federal antitrust statutes;

4. The prospective proposer has committed a violation of a contract provision that is regarded by the Contracts & Procurement Manager or the Construction Contractors

Board to be so serious as to justify debarment. A violation may include but is not limited to a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. A failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment; or

5. The prospective proposer does not carry any insurance as required by applicable law.

The Contracts and Procurement Manager shall give written notice of the reasons for the debarment and the proposed length of debarment to the person for whom debarment is being considered. The proposer shall be given not less than fourteen (14) days to respond to the

Contracts and Procurement Manager in writing. The Contracts and Procurement Manager

Page 19 Request for Proposal shall issue a written decision that states the reason for the action taken and that informs the proposer of the proposer’s appeal rights.

5.29 Proposals submitted by City Employees Prohibited

The City will not purchase any goods or services from City employees unless City Council expressly authorizes the purchase, or the purchase is necessary during a state of emergency and the City Manager approves the purchase.

SECTION 6: AGREEMENT TERMS AND REQUIREMENTS

6.1 Forfeiture of the Agreement

This Agreement may be canceled at the election of the City at any time for any willful failure or refusal by the successful proposer to perform according to the terms of an

Agreement as herein provided.

6.2 Non-Assignment

If an Agreement is awarded, it shall not be assigned, nor duties be delegated, in part or in total without consent of the City. Reasonable requests for assignment of the Agreements may be granted based on the sole determination of the City.

6.3 Liability Insurance

Successful proposer shall obtain and maintain during the term of this Agreement, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) for each occurrence for Bodily Injury and Property Damage.

The insurance required shall include the following coverages:

• Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage;

• Automobile Liability.

Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall:

• Name as additional insured "the City of Salem, Oregon, its officers, agents and employees";

• Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby;

• Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability;

• Successful proposer shall immediately notify the City of any change in insurance coverage;

• Successful proposer shall supply an endorsement naming the City, its officers, employees and agents as additional insureds within sixty (60) days of the Effective

Date of the Agreement; and

• Be evidenced by a certificate or certificates of such insurance approved by the City.

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6.4 Workers’ Compensation Law

All subject employers working under an awarded Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. Proof of compliance will be required prior to Agreement execution. (See Appendix A)

6.5 Laws of the State of Oregon

By submitting a proposal in response to this RFP, proposer(s) agree that, any terms and conditions stated within any agreement that is awarded as a result of this solicitation shall also include the following laws of the State of Oregon are hereby incorporated by reference into the Agreement: ORS 279B.220, 279B.230, and 279B.235.

Any Agreements awarded and/or purchase order issued as a result of this RFP shall be governed by the laws of the State of Oregon without regard to conflict of laws principles.

Exclusive venue for litigation of any action arising under the Agreement shall be in the

Circuit Court of the State of Oregon for Marion County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue.

6.6 Successful Proposer’s Compliance with Tax Laws

Successful proposer represents and warrants to the City that:

1. Successful proposer shall, throughout the term of this Agreement, including any extensions hereof, comply with:

A. All tax laws of the State of Oregon, including but not limited to ORS 305.620 and

ORS chapters 316, 317, and 318;

B. Any tax provisions imposed by a political subdivision of the State of Oregon applicable to successful proposer; and

C. Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.

2. If applicable, the successful proposer, for a period of no fewer than six (6) calendar years preceding the…