223069 RFP.pdf

COMMUNITY DEVELOPMENT

DEPARTMENT

Consultants of Record (COR) to

Provide Historical Research and/or

Historic Preservation Services on a

Continuing Service Basis

RFP NUMBER: 223069

CLOSING DATE: June 17, 2022 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 223069

Community Development Department

Consultants of Record (COR) to provide Historial Research and/or Historic Preservation

Services on a Continuing Service Basis

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is seeking proposals from qualified proposers for providing on call historical research and/or historic preservation services on a continuing services basis.

Proposals will be received until, but not after 4:00 p.m. (local time), June 17, 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.

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 June 7, 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).

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

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.

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: May 27, 2022

REQUEST FOR PROPOSAL NUMBER: 223069

REQUEST FOR PROPOSAL CLOSING: June 17, 2022 at 4:00 pm (Local Time) mailto:sself@cityofsalem.net

Page 3 Request for Proposal

RFP # 223069

Community Development Department

Consultants of Record (COR) to provide Historical Research and/or Historic Preservation

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 on call historical research and/or historic preservation 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 personal 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 Consultants

The City, via this RFP process, intends to select up to three (3) proposers to be named as the Consultants of Record (COR) for Historical Research and/or Historic Preservation

Services. The City, in its sole discretion, may select more or fewer Proposers based upon the number of Proposals submitted and the results of the evaluations. 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.

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 1.6.

1.5 Rate

The negotiated contracts will include set hourly rate schedules for the term of the contract

Page 4 Request for Proposal 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 All Urban Consumers (CPI-U), US City Average, not seasonally adjusted, all items, published by the U.S. Department of Labor. Proposers must request increases at the time of contract renewal for next fiscal year.

1.6 Categories and Maximum Contract Amounts

Category of Service

Annual Contract

Maximum

Individual

Project

Maximum

Historical Research and /or

Historic Preservation Services $100,000 $25,000

SECTION 2: SCOPE OF REQUESTED SERVICES

2.1 The CORs shall provide historical research and/or historic preservation 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 2.5.

2.2 The COR shall deliver a written, signed project proposal within five (5) business days, (or as otherwise required by City’s Contract Administrator), following City’s verbal or written request for proposal for a specific project assignment. The project proposal shall include a detailed description of the scope of the project and breakdown of the hours required for the project utilizing the hourly rates as referenced in this RFP. The proposal shall also include a schedule of work required to complete the project within the City’s required time frame. The City will review the proposal and, if approved, issue a Purchase Order Release.

If a fee, scope, or schedule acceptable to the City is not negotiated within five (5) business days from the time of the delivery of the proposal, the City reserves the right to withdraw the offer and offer the project to the alternate COR or use another method to procure the personal services.

2.3 The COR agrees to provide services for all projects offered by the City unless multiple projects exceed the COR’s ability to complete the work within the required time frames.

The City, at its sole discretion, can offer a project to another COR if the COR cannot perform within the required time frame, and/or the City and the COR cannot reach agreement on scope, fee, and/or schedule, and/or the City determines it is in the City’s best interest to do so.

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 the COR to maintain the same project manager and key team members through the duration of the project. The City reserves the right to accept or reject requests by the COR to change the team during the project.

Page 5 Request for Proposal

2.5 GENERAL SCOPE

2.5.1 The CORs shall conduct general historical research, historic map and photo research, historic context writing and research relating to local historic resource designations and development of content for interpretive panels. Many projects will focus on public education about Salem’s local history and development of educational materials related to Salem’s heritage and historic districts, but may also include Reconnaissance Level Survey or Intensive Level Survey work related to the inventory of historic neighborhoods or Section 106 related compliance and mitigation. CORs may also perform work related to historic design review of proposed alterations to designated historic resources and building permit review.

2.5.2 Qualifications: The Historic Preservation Contractor of Record (COR) shall hold a Bachelors Degree or higher in history, historic preservation, preservation planning, architectural history and/or have demonstrated experience in research and writing related to local history. While not required, additional education and experience performing historic design review related to proposed alterations to historic resources is also preferred.

Page 6 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.

QUALIFICATIONS AND EXPERIENCE

B. Brief summary of the organization, structure, and size of Proposer.

C. A summary identifying specific individuals within the firm who will provide the needed services to the City. 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 the City. (See Section 2.5). 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 the City’s offices, to discuss project issues in a timely manner.

Identify the key staff person to be the City’s primary contact for the duration of the annual contract.

WORK PRODUCT

D. Provide an example of completed historic research, historic research, historic design review or other historic preservation related work product.

REFERENCES

E. Provide at least three (3) references with the telephone numbers and description of projects and services performed that most closely related to the scope of services.

RATES

F. A list of rates charged for individual employees and report preparation.

Page 7 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 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 the services. The firms with the best qualifications and experience that directly relate to the work required herein will obtain higher points than other firms.

4.1.3 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.

Page 8 Request for Proposal

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

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

Proposer must list three 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.

4.1.5 Rates. 30 points out of 100 points may be awarded for Rates.

Proposer must provide a list of burdened rates for all employees associated with the work described, and rates for material testing and reporting, if applicable.

Page 9 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 June 7, 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)

May 27, 2022 ............................................................................. Begin RFP Solicitation

June 7, 2022 at 5:00 PM (local time).................................. Questions/Clarifications Due

June 17, 2022 at 4:00 PM (local time) ................................................ RFP Closing Date

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

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

August 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), June 7, 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 10 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), June 7, 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), June 17, 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 11 Request for Proposal 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.

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 #

223069.”

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.

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

Page 12 Request for Proposal

• 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 Kimberli Fitzgerald, AICP/RPA. 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.

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.

Page 13 Request for Proposal

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 or an emerging small business certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110.

http://www.cityofsalem.net/

Page 14 Request for Proposal

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.

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

Page 15 Request for Proposal 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 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

Page 16 Request for Proposal 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 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.

Page 17 Request for Proposal

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.

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

Page 18 Request for Proposal 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 Effective Date of this Agreement, has faithfully complied 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.

Successful Proposer’s failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of successful Proposer’s warranty, as set forth in this Article, shall constitute a material breach of this Agreement.

Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity.

Any Work delivered to the City under this Agreement shall be provided to the City free and clear of any and all restrictions on or conditions of its use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

Page 19 Request for Proposal

6.7 Agreement Term

The Agreement shall commence on contract execution and continue until June 30, 2023, and upon renewal (see renewal clause) shall continue for each additional consecutive fiscal year until canceled or expiration of the Agreement term.

6.8 Renewal

If the City determines that it is in the City’s best interest, the City may elect to extend the

Agreement for four (4) additional one (1) year periods at the end of each fiscal year, July

1 through June 30, subject to the following conditions:

a. Approval by City and budget approval.

b. Service has been determined, by the Contract Administrator, to be satisfactory.

c. Price remains firm for the additional year; adjusted only for any escalation/ de-escalation allowed under the terms of the Agreement.

d. Agreement to extend the Agreements, in writing, by the successful Proposer after a minimum sixty (60) calendar days’ notice by City prior to the expiration of the

Agreement.

6.9 Termination for Lack of Appropriations

The City may terminate all or portions of the Agreement for lack of funds, if the successful

Proposer is notified by certified mail thirty (30) calendar days in advance.

6.10 Cooperative Purchasing

Pursuant to ORS 279A.205 thru 279A.215, other public agencies, Urban Renewal Agency of the City of Salem, Housing Authority of the City of Salem, and members of the Oregon

Cooperative Purchasing Program (ORCPP) may use the service agreement resulting from this RFP unless Proposer expressly notes in their proposal that the prices quoted are available to the City only. The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all contractual remedies directly with the successful Proposer; the City accepts no responsibility for performance by either the successful Proposer or such other agency using this agreement. With such condition, the City consents to such use by any other public agency.

6.11 Escalation/ De-Escalation Agreement

Prices shall remain firm throughout the initial Agreement term except in the case of price decreases. Price decreases will be allowed the first of the month following receipt of communication, or the effective date, whichever is later.

Price increases will be considered at the time of Agreement renewal. Successful

Proposer(s) must submit a written request with documentation justifying any price increase at least ninety (90) days prior to Agreement renewal to the Contracts and Procurement

Division. Proposed price increases shall not exceed the consumer price index for this region. Proposer is to provide all documentation for verification purposes.

Page 20 Request for Proposal

The City shall have the option of accepting the price increase or allowing the Agreements to expire (non-renewal) and rebidding the contract. The City reserves the right to audit the records of the successful Proposer when requesting price increases to the extent that such records relate to cost or pricing data.

6.12 Type of Agreement

This is a non-exclusive one-year annual Agreement; with renewal provisions (see

Subsection 6.8) and escalation/de-escalation agreement (see Subsection 6.11).

6.13 Form of Procurement Agreement

Any Personal Services Agreement that is awarded as a result of this RFP will incorporate the RFP document, the successful Proposer’s written proposal, any required certificates, and all other documents incorporated by reference therein.

It is the City’s intent to award Agreements in substantially the form of the Agreement attached as Appendix A. Proposer may submit an alternative Agreement for City’s review.

The City, at its sole determination, may approve the Proposer’s offered Agreement as is, require modifications, or reject the Proposer’s Agreement and require that the City’s

Agreement be executed for the purpose of this RFP.

A Proposer may not condition its Proposal on execution of any Agreement it submits. Any such condition shall result in rejection of their Proposal.

Any additional Agreements shall contain the following provisions:

1. The following laws of the State of Oregon are hereby incorporated by reference into the agreement: ORS 279B.220, 279B.230 and 279B.235.

2. The Agreement 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.

3. 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 non-discrimination laws. Proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules and regulations.