223037 RFP.pdf

PUBLIC WORKS DEPARTMENT

Consultants of Record (COR) to Provide Technical and

Engineering Services on a

Continuing Service Basis

RFP NUMBER: 223037

CLOSING DATE: April 22, 2022 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 223037

Public Works Department

Consultants of Record (COR) to provide Technical and Engineering Services on a

Continuing Service Basis

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is seeking proposals from qualified Proposers for providing technical and engineering services on a continuing services basis. This is

Qualification Based Selection (QBS) pursuant to ORS 279C.110.

Category # / Category Description

01 / BRIDGE ENGINEERING

02 / SURVEYING SERVICES

03 / ARCHAEOLOGICAL SERVICES

04 / TRAFFIC ENGINEERING

05 / STORMWATER/FLOODWAY/FLOODPLAIN MODELING

Interested firms may submit proposals for providing any number of the above stated categories, however, each category shall be proposed in separate files thru Equity Hub’s Bid Locker.

Proposals will be received until, but not after 4:00 p.m. (local time), April 22, 2022. Proposals will only be accepted electronically thru 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. Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla

Firefox. 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://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 April 12, 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 identify 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.

Note: Errors and Omissions Liability Insurance Coverage will be required.

The City is an Equal Employment Opportunity employer. The City operates and maintains

Americans with Disabilities Act compliant facilities. Reasonable accommodations are available upon request.

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

Shawna Self, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: March 24, 2022

REQUEST FOR PROPOSAL NUMBER: 223037

REQUEST FOR PROPOSAL CLOSING: April 22, 2022 at 4:00 pm (Local Time) mailto:sself@cityofsalem.net

Page 3 Request for Proposal

RFP # 223037

Public Works Department

Consultants of Record (COR) to provide Technical and Engineering Services on a

Continuing Services Basis

The City of Salem (“City”) is a municipal corporation serving a community with a population of approximately 158,000. It is the capitol 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: GENERAL INFORMATION

1.1 Consultant Services

The City is seeking proposals to hire Consultants of Record (COR) to provide professional technical and engineering services 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 will be assigned on a project-by-project basis.

This process will provide the City with another mechanism to procure professional services. It is anticipated this method of procurement may be used to assist in handling peak workloads. Additionally, these services may be used to provide technical expertise not possessed by the City staff as needed for various assignments. It is also expected that other City Departments will use these contracts on a limited basis as approved by the

Contract Administrator. There are no predetermined, known project assignments at the time of the RFP.

1.2 Qualification Based Selection (QBS)

The City, via this competitive RFP process, intends to select up to five (5) Proposers to be named as the Consultants of Record (COR) for each category. The City, in its sole discretion, may select more or fewer Proposers based on the number of Proposals submitted and the results of the evaluations. If the estimated fee of an individual project assignment is under $100,000, the project assignment may be by direct appointment to one of the qualified CORs. The City, in its sole discretion, shall directly appoint the COR that is the most qualified and the best fit for the individual project assignment. If the estimated fee of an individual project assignment is between $100,000 and $250,000, the project assignment shall be made using an informal RFP process where an informal RFP shall be issued to at least three (3) qualified CORs established by this RFP. However, if less than three (3) qualified CORs are established by this RFP process, the informal RFP shall be issued to all CORs.

If the estimated fee of an individual project assignment is more than $250,000, up to

$1,000,000, the project assignment shall be made using an informal RFP process where an informal RFP shall be issued to at least five (5) qualified CORs established by this RFP.

However, if less than five (5) qualified CORs are established by this RFP process, the

Page 4 Request for Proposal informal RFP shall be issued to all CORs.

If the estimated fee of an individual project assignment is $1,000,000 or more, the project assignment shall be made using another formal RFP process, including advertisement of the RFP.

1.3 No Guarantee

There will be no guarantee as to the amount of work or size of any project assignment, if any, that a COR may be given under these contracts.

1.4 Project Dollar Limits

The annual contract maximum and individual project maximum dollar limits are shown in the table in Subsection 1.7.

1.5 Rate

The negotiated contracts will include set hourly rate schedules for the term of the contract set by each firm following successful consultant selection. Rates may be increased as approved by the City, for each annual contract renewal, at a rate no greater than the inflationary rate for the preceding contract year (July 1 to June 30) as calculated by the

Consumer Price Index for this region as published by the U.S. Department of Labor, Bureau of Labor Statistics. Proposers must request increases at the time of contract renewal for next fiscal year.

1.6 Consultant Reimbursable Expenses

See Appendix C for details.

1.7 Categories and Maximum Contract Amounts

Category of Service

Annual

Contract

Maximum

Individual

Project

Maximum

RFP

Reference

Number

Technical

Advisor/

Phone:

503-588-6211

Bridge Engineering $1,500,000 $750,000 223037-01 Kyle Cochran

Surveying Services $300,000 $150,000 223037-02 Paul

Kowalczyk

Archaeological

Services $500,000 $250,000 223037-03 Troy Thomson

Traffic Engineering $750,000 $300,000 223037-04 Will Kuenzi

Stormwater / Floodway

/ Floodplain Modeling $200,000 $75,000 223037-05

Robert

Chandler

Page 5 Request for Proposal

SECTION 2: SCOPE OF REQUESTED SERVICES

2.1 The CORs shall provide technical and engineering 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 2.2. However, services shall include but not be limited to, the general scope as shown in subsection 2.6.

2.2 All project assignments for projects with an estimated fee of under $100,000 shall be based on the negotiated scope of services after direct appointment to a qualified COR. All project assignments for those projects with an estimated fee between $100,000 and $1,000,000 shall be based on the written, signed project proposals received after the City’s issuance of an informal RFP. All project proposals shall be delivered to the City within forty-eight hours after issuance of the informal RFP unless otherwise specified in the informal RFP.

All project proposals shall include, at a minimum, the following: all key resources the

Proposer will commit to the project, the availability of those key resources and the

Proposer’s schedule for completion of the project. The City reserves the right to request any additional information it deems relevant, in its sole discretion, to a specific project in its informal RFP.

2.3 The City will negotiate all project assignments with the selected Proposer(s). The City will, either orally or in writing, formally terminate negotiations with the highest rank Proposer if the City and the Proposer are unable, for any reason whatsoever, to reach an agreement on a project assignment within a reasonable amount of time. The City may thereafter negotiate with the second most qualified Proposer, and so forth, until an agreement has been reached, or the City may terminate the negotiation process. The City reserves the right to withdraw the offer or use another method to procure the professional services.

2.4 The COR shall designate a key staff person to be the City’s primary contact for the duration of the annual contract. Substitution of these persons shall be by written request and subsequent approval by the City. The City expects CORs to maintain the same project manager and key team members through the duration of the Contract. The City reserves the right to accept or reject requests by CORs to change the team during Contract term.

2.5 Because of the diverse and complex nature of potential project assignments, utilization of subconsultants on the project team may be expected. The CORs selected for this contract will be responsible for coordinating all work with subconsultants on the project team with minimal involvement from the City.

2.6 GENERAL SCOPE FOR EACH CATEGORY

2.6.01 BRIDGE ENGINEERING

Perform bridge engineering services including, but not limited to, project development, analysis, preliminary and/or final design, and preparation of bid documents for projects such as new bridge construction, bridge replacement, bridge rehabilitation, bridge repair, bridge scour repair and bridge protection projects.

Provide quality control review of plans and specifications by City staff and/or other consultants. Provide consultation, analysis, calculations, and report preparation for other City bridge issues as needed. Provide construction period support services and specialty inspection services as may be required for bridge projects.

Page 6 Request for Proposal

2.6.02 SURVEYING SERVICES

Provide field crews to perform design surveying services as well as construction staking services per Salem survey standards. Provide office surveying services including, but not limited to, calculation of construction staking plans, boundary/right-of-way survey analysis and calculations, and preparation of legal descriptions in accordance with City standards and Oregon Revised Statutes.

Personnel shall be experienced in researching records at Marion and Polk Counties.

2.6.03 ARCHAEOLOGICAL SERVICES

Construction of transportation and infrastructure projects has the potential to disturb sites of archaeological significance. The City seeks consultants to assist in regulatory compliance, perform construction monitoring, and provide archaeological and cultural resource reports. Consultants shall demonstrate familiarity with historic building and infrastructure, and Tribal artifacts and culture.

Consultant shall demonstrate experience evaluating, investigating, and reporting to meet requirements of Section 106 for agencies assisted by federal funding, the

National Environmental Policy Act, and the Archaeological Resources Protection

Act. Consultant shall have experience with Tribal consultation and coordination, conducting archaeological field investigations and surveys, and in incorporating

GPS/GIS mapping technology. As part of the response to this request, provide licensing records for staff who are registered professional archaeologists and records of staff certified by the Oregon State Historic Preservation Society.

2.6.04 TRAFFIC ENGINEERING

Perform traffic engineering services including, but not limited to, project development, preliminary and/or final design and preparation of bid documents for the construction of traffic signals and street light facilities. Firm shall be familiar with central computerized traffic control systems to the extent of design, specification, and construction detail. Provide quality control review of plans and specifications by other consultants. Provide consultation, analysis, calculations, and report preparation for other City traffic issues as needed.

Provide transportation impact analysis (TIA) and other various types of short and long range transportation operations studies. This shall include evaluating the traffic impacts of proposed developments/projects and recommending appropriate mitigation measures. Firm must have a thorough knowledge of traffic engineering fundamentals as they relate to level of service and progression analysis of signalized and stop sign controlled intersections and arterial street networks. In addition, must be proficient in the use of traffic engineering software such as HCM, Passer 2, and Transyt 7F.

Provide transportation planning services by being able to provide such items as travel demand modeling, micro-simulation, transportation planning level studies, and State level policy analysis.

Provide construction period support services and specialty inspection services as may be required for traffic projects.

Page 7 Request for Proposal

2.6.05 STORMWATER/FLOODWAY/FLOODPLAIN MODELING

The City last amended its Stormwater Master Plan (SWMP) in October 2020. This amendment was a complete replacement to the 2000 Stormwater Master Plan. The current SWMP contains goals, objectives, and policies that will guide the Salem community in addressing the many challenges associated with urban stormwater runoff. The plan also identifies over 240 capital improvement projects located in nine drainage basins. As they are constructed, these projects will help meet current and future demands on the stormwater system, reduce risks of flooding, and enhance the quality of Salem’s receiving waters.

The primary modeling used to develop the 2020 Stormwater Master Plan was XP

Solutions’ xpstorm software with the 2-D module. Xpstorm is capable of evaluating all three major components of the City’s storm drainage system – open channel, closed conduit, and overland two-dimensional flow. Xpstorm is a fully-integrated modeling software package that combines hydrologic and hydraulic modeling into one program. It also has robust GIS and floodplain mapping capabilities that assist the City in maintaining the data within the model as well as in producing output for use in products such as flood hazard analysis and hydromodification assessment.

Additional modeling conducted in direct support of the City’s SWMP will employ xpstorm or equivalent and compatible software.

The City is responsible for administering floodplain regulations and has extensive interactions with the Federal Emergency Management Agency (FEMA). The City also participates in FEMA’s Community Rating System (CRS) and is among the top rated communities under the CRS program. Because of its responsibilities related to floodplain management, the City occasionally requires hydraulic and hydraulic analysis to evaluate risks of flooding, floodplain maps, and potential mitigation activities.

The City’s need for modeling services varies by the type of project, the availability of data, and the nature of the information needed. The capabilities of hydrologic modeling may include analysis involving: single storm event, continuous simulation, rainfall data, stream gage data, and antecedent conditions. For hydrologic modeling, analysis capabilities may be needed involving open channels, closed conduits, 2D analysis, 1D/2D coupled analysis, steady and unsteady state, bridges, culverts, and floodplain mapping.

Depending on the nature of the work and as mutually agreed upon, modeling support services to City staff may be provided by a combination of in-person interactions at the Salem offices, online video teleconferencing, and by phone and email. Depending on the assignment, the modeling software that can be employed in support of this work includes, but is not limited to: HEC-HMS, HSPF, HEC-

RAS, SMS/RMA-2, EPA-SWMM, InfoSWMM, FLO-2D, and xpstorm.

Examples of typical project assignments include:

1. Provide assistance to City staff by answering questions concerning selecting, operating, maintaining, and updating various computer hydraulic and hydrologic models.

Page 8 Request for Proposal

2. Provide assistance to City staff by providing outreach material that will be used for community meetings, informational documents, and online resources.

3. Provide modeling services for projects in the City’s Capital Improvement

Program (CIP) or other projects as assigned. Projects include a wide range of stormwater facilities, stream habitat enhancements, flood mitigation measures, hydromodification, and riverine system investigations.

4. Provide analytical services related to the regulated floodplain. This can include technical analysis needed for Letters of Map Revision and

Conditional Letters of Map Revision, Flood Insurance Rate Map modifications, and floodplain elevation certifications. Modeling services may also be required to support the City’s participation in FEMA’s CRS program.

5. Provide analytical services to City staff related to reviewing proposed public and private development projects. Analysis can include sizing and other design criteria for stormwater facilities involving conveyance, retention, detention, infiltration, hydromodification, and green stormwater infrastructure.

6. Provide analytical services to City staff related to stormwater ordinances and design standards. This can include support to City staff for developing codes and standards necessary to comply with the City’s National Pollutant

Discharge Elimination System (NPDES) permit for discharges from the

City’s Municipal Separate Storm Sewer System.

Page 9 Request for Proposal

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

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 deliver, may be rejected as non-responsive.

3.1 REQUIRED INFORMATION

The proposal shall include, as a minimum, the following items:

A. Cover Letter: A cover letter indicating the Proposer’s understanding of the services as specified in Section 2, Scope of Services. Signatory of this letter shall be authorized to contractually bind you to a contract with the City. Include your company name, address, phone number, and email address.

B. License: Copy of active license to practice the type of engineering services being proposed on per ORS 672 (no license required for Category 03 - Archeological

Services).

QUALIFICATIONS AND EXPERIENCE

C. Brief summary of the organization, structure, and size of Proposer. Do not submit sub-consultant information.

D. A summary identifying specific individuals within the firm who will provide the needed services to Salem. Identify the location of the office where the individual works. Describe the number of years of experience each person has related specifically to scope of services required by this RFP. Summarize their quali-fications to provide these services to Salem. (See Section 2.6). Summarize specifically their experience using Salem design and construction standards, codes, and policies and procedures. Describe Proposer’s ability to have key personnel on a project site, or at Salem offices, to discuss project issues in a timely manner.

Identify the key staff person to be Salem’s primary contact for the duration of the annual contract. In addition, identify key staff individuals who will have primary responsibility for the design, or construction, of all Salem projects assigned and ultimate responsibility for the quality control of all work performed.

WORK PRODUCT

E. Describe Proposer’s ability to provide internal quality control and provide superior products (reports, plans, specifications, etc.).

F. Describe Proposer’s ability to scope projects quickly and accurately and provide alternative, innovative, and cost effective designs.

RESOURCE ALLOCATION & SUPPORT FROM SALEM STAFF

G. A brief summary of how Proposer intends to rely on Salem staff when providing the required services.

Page 10 Request for Proposal

REFERENCES

H. A list of clients with the clients’ telephone numbers and description of all projects and services performed within the last five (5) years that the individuals identified in item 3.1D above have been involved with and are most closely related to the scope of services.

Page 11 Request for Proposal

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. 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.

If interviews/follow up questions are conducted, the Proposers selected will be notified by the City Project Manager and the following shall apply:

• The number of Proposer(s) selected for interviews/follow up questions is at sole discretion of the selection committee.

• A minimum of three (3) evaluators shall score the interviews/follow up questions.

• Interviews/follow up questions scores (up to a maximum of 20 points) will be combined with other criteria scores to arrive at a total score. The total score will be ranked to determine the apparent successful Proposer(s).

• Interviews normally require physical attendance at City offices; however, the City may elect to conduct interviews via teleconference or video conferencing. Further details will be included with notification of time and date of interviews, if conducted.

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:

4.1.1 Cover Letter (Pass/Fail)

The cover letter will be scored on a pass / fail basis. If a cover letter is included the score will be a pass; if none is included then the score will be a fail, and the proposal will not be considered for award.

4.1.2 Copy of active license to practice engineering or surveying per ORS 672

(Pass/Fail)

The copy of the active license will be scored on a pass / fail basis. If the active license is included the score will be a pass; if none is included then the score will be a fail and the proposal will not be considered for award.

4.1.3 Qualifications and Experience of Firm. 25 points out of 100 points may be awarded for Qualifications and Experience of Firm.

The selection committee will consider the professional qualifications and capacity of the firm to provide municipal public works services. The firms with the best

Page 12 Request for Proposal qualifications and experience that directly relate to the work required herein will obtain higher points than other firms.

4.1.4 Qualifications and Experience of Key Team Members. 15 points out of 100 points may be awarded for Qualifications and Experience of Key Team

Members being proposed to perform work on this Agreement.

Individual team member qualifications including licensing, educational degrees, and special training and/or certifications will be part of the evaluation. Individual team members, to be assigned to a project, will also be evaluated based on their position in the firm and level of responsibility, i.e.: Principle, Senior Engineer, Associate Engineer, etc.

The firms whose key team members have the best qualifications and experience that directly relate to the work required herein will obtain higher points than other firms.

4.1.5 Work Product. 25 points out of 100 points may be awarded for Work Product.

The Work Product item will be evaluated based on the Proposer’s ideas on how to approach a specific project assignment and anticipated deliverables related thereto.

The more complete the process to be used is described and the more detail the deliverables are given, the higher the number of points.

4.1.6 Resource Allocation and Support from the City Staff. 15 points out of 100 points may be awarded for the firm’s available resource allocations and level of support required of the City staff.

The City staff will evaluate the Proposer’s ability to allocate resources when called upon. The greater the ability to increase staffing resources as required to meet the schedule requirements of a project assignment will result in the Proposer getting higher points.

Support from City staff will be evaluated based on how much support a Proposer anticipates for a typical project assignment. The better the education, training, prior similar experience of Proposer’s, staff the higher the number of points assigned.

4.1.7 References. 20 points out of 100 points may be awarded for References.

Proposer must list three to five references from other cities, counties, or state agencies, preferably in Oregon. The more the references given relate to the work required to be performed as stated within the Scope of Services within this RFP, and the better their recommendations, the higher the points assigned.

4.2 Consultant Selection and Fee Negotiations

4.2.1 Selection

The final recommendation for selection will be made following the review and ranking of the written proposals, and any oral presentations by Proposers, if

Page 13 Request for Proposal required, by the selection committee. The selection committee shall recommend awarding a contract to the Proposer(s) having the best overall qualifications to provide the services as set forth in this RFP.

4.2.2 Fee Negotiations for Project Assignments

After the firm selection process is complete, fee negotiations for hourly rates will take place with each qualified firm. Rate increases must be requested by consultant firms each year in order to receive an increase for that year. The maximum increase will be based on the CPI for that year.

Page 14 Request for Proposal

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 April

12, 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)

March 24, 2022 .......................................................................... Begin RFP Solicitation

April 12, 2022 at 5:00 PM (local time)............................... Questions/Clarifications Due

April 22, 2022 at 4:00 PM (local time) ............................................... RFP Closing Date

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

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

July 1, 2022 ........................................................................................ Notice to Proceed

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), April 12, 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.

Page 15 Request for Proposal

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), April 12, 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.

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), April 22, 2022.

Proposals will only be accepted electronically thru 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 matter.

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 https://bidlocker.us/a/salem_or/BidLocker

Page 16 Request for Proposal file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox.

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.

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 #

223037.”

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

Page 17 Request for Proposal 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.

5.11 Contract Administrator

The Contract Administrator is Maria Delaney. 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, 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 City Manager’s Office, via email to contracts@cityofsalem.net.

Page 18 Request for Proposal

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

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 are 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 http://www.cityofsalem.net/

Page 19 Request for Proposal 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 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 City Manager’s Office 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.

Page 20 Request for Proposal

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.

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 insure 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…