223150 RFP Final.pdf

Public Works Department

Stormwater Code Update

RFP NUMBER: 223150

CLOSING DATE: March 24, 2023 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 223150

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is seeking proposals to support the City’s work updating chapters in the Salem Revised Code (SRC) and associated administrative rules. This work is required to comply with the requirements contained in the City’s 2021 National Pollutant

Discharge Elimination System Municipal Separate Storm Sewer System Phase I Individual Permit

(“Municipal Stormwater Permit”). The City’s three municipal ordinances primarily addressing stormwater discharges are:

(1) SRC Chapter 70 (Utilities), which defines terms and establishes authorities;

(2) SRC Chapter 71 (Stormwater), which fulfills many of the provisions of the City’s current

Municipal Stormwater Permit; and

(3) SRC Chapter 86 (Clearing and Grading of Land), which contains requirements related to grading, erosion, landslides, and other risks associated with clearing and grading activities.

There are four administrative rules that contain policies, procedures, and requirements that are designed to support the ordinances:

(1) Administrative Rule 109-001 to 109-007 (Public Works Design Standards);

(2) Administrative Rule 109-011 (Public Works Operations and Maintenance of Stormwater

Facilities);

(3) Administrative Rule 109-012 (Public Works Stormwater Source Controls); and

(4) Administrative Rule 109-100 (Enforcement of Public Works Regulations).

Generally, the work desired under this RFP falls within the following four categories:

Contract Management and Quality Control.

The Consultant will be responsible for managing and coordinating the work as defined in the

Scope of Requested Services.

Regulatory Review and Gap Analysis.

The Consultant will review the City’s ordinances and rules against the requirements contained in the Municipal Stormwater Permit pertaining to Allowable Non-Stormwater Discharges

(Section A.1.d of the permit), Construction Site Runoff Control (Section A.3.d of the permit), and Post-Construction Site Runoff for New Development and Redevelopment (Section A.3.d of the permit).

Page 2 Request for Proposal

Recommendations for Regulatory Changes.

Based on the Gap Analysis, the Consultant will develop recommendations and proposed amendments to City ordinances and administrative rules which, once effective, will provide compliance with the Municipal Stormwater Permit. The Consultant will provide at least two sets of recommendations; (1) Recommendations related to changes to performance standards for stormwater treatment and stormwater flow control facilities; and (2) Recommendations regarding other needed amendments and revisions to current codes and rules necessary to comply with the Municipal Stormwater Permit.

Public Engagement.

Throughout the project, the Consultant will provide requested support to facilitate City staff during the public outreach and engagement process.

A Management Reserve will be established should the City need to incorporate additional tasks during the term of the contract.

Proposals will be received until, but not after 4:00 PM (local time), March 24, 2023.

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

NO LATE PROPOSALS WILL BE ACCEPTED.

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

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

Need Help?

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

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

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

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

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

Page 3 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 March 10, 2023 at 5:00 PM (local time).

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

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

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

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

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

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

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

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

The City is an Equal Employment Opportunity employer.

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

The City operates and maintains Americans with Disabilities Act compliant facilities. Reasonable accommodations are available upon request.

Shawna Self, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: March 1, 2023

REQUEST FOR PROPOSAL NUMBER: 223150

REQUEST FOR PROPOSAL CLOSING: March 24, 2023 at 4:00 PM (Local Time) mailto:sself@cityofsalem.net https://www.cityofsalem.net/Pages/public-records-request.aspx https://www.cityofsalem.net/Pages/equity-and-accessibility.aspx

Page 4 Request for Proposal

RFP #223150

The City of Salem (“City”) is a municipal corporation serving a community with a population of approximately 177,600. It is the capital of the State of Oregon and the county seat of Marion

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

The City has approximately 1,300 employees, operates under the City Manager system, and at the time of the contract is expected to have eight operating departments (listed below).

Enterprise Services City Attorney’s Office

Community Services Finance

Public Works Police

Urban Development Fire

SECTION 1: BACKGROUND

The City was issued its most recent Municipal Stormwater Permit by the Oregon Department of

Environmental Quality (DEQ) on September 15, 2021. This permit, which became effective

October 1, 2021, contains a comprehensive set of requirements designed to reduce or eliminate potential adverse impacts of stormwater discharges. Compliance with the permit will require amendments to several City ordinances and updates to a number of City administrative rules.

SECTION 2: SCOPE OF REQUESTED SERVICES

Task 1 – Contract Management/Administration and Quality Control

The Consultant is responsible for managing and coordinating the work defined in this Scope of

Requested Services. Task 1 represents the labor and expenses associated with scheduling, coordinating, communicating, and other management activities associated with the work.

Deliverables

• Monthly invoices with narrative project updates provided throughout the term of the contract.

• Regular communications with the Project Manager and other City staff engaged with the project.

• Municipal Stormwater Permit deadlines in relation to Project timelines

Task 2 – Regulatory Review and Gap Analysis.

The Consultant will review the requirements contained in the sections of the Municipal Stormwater

Permit pertaining to Allowable Non-Stormwater Discharges (Section A.1.d of the permit);

Construction Site Runoff Control (Section A.3.d of the permit), and Post-Construction Site Runoff for New Development and Redevelopment (Section A.3.e of the permit) against the requirements contained in the following City ordinances and administrative rules.

SRC Chapter 70 (Utilities);

SRC Chapter 71 (Stormwater);

Page 5 Request for Proposal

SRC Chapter 86 (Clearing and Grading of Land);

Administrative Rule 109-001 to 109-007 (Public Works Design Standards);

Administrative Rule 109-011 (Public Works Operations and Maintenance of Stormwater

Facilities);

Administrative Rule 109-012 (Public Works Stormwater Source Controls); and

Administrative Rule 109-100 (Enforcement of Public Works Regulations).

Salem’s Municipal Stormwater Permit can be found online here.

The Salem Revised Code can be found online here.

Salem’s administrative rules can be found online here.

The Consultant will prepare a technical memorandum that identifies gaps between the City’s requirements and those contained in the Municipal Stormwater Permit. At minimum, the memorandum will include:

1. Reference to specific section(s) of the Municipal Stormwater Permit;

2. Reference to relevant section(s) of the City’s ordinance(s);

3. Reference to relevant sections(s) of the City’s administrative rule(s);

4. A narrative summary of the nature of the differences between City requirements and the requirements contained in the Municipal Stormwater Permit.

Deliverable

• Technical Memorandum providing the results of the regulatory review, deadlines as provided in the Municipal Stormwater Permit, gap analysis, and recommendations.

Task 3 – Develop Performance Standards for Stormwater Facilities

Among the known potential gaps between City standards and the requirements of the Municipal

Stormwater Permit are the standards for sizing stormwater flow control and stormwater treatment facilities. Generally, the City’s current performance standards for stormwater flow control facilities are based on predevelopment peak runoff rates for a specified set of design storm events.

The City’s performance standard for stormwater treatment facilities is based on a percentage of the average annual runoff volume of a specified design storm event.

The Municipal Stormwater Permit allows the City to select one of two different performance standards for stormwater facilities:

(1) Numeric Stormwater Retention Requirement, or NSRR. This standard is a calculated value determined by one of three methods: volume-based method; storm event percentile-based method; or annual average runoff-based method.

(2) Alternative Site Performance Standards. This standard, which must be determined by the

City, is required to provide water quality benefits comparable to the NSRR method.

Under this task, the Consultant is charged with evaluating the City’s current performance standards https://www.oregon.gov/deq/FilterPermitsDocs/ms4SalemPermit.pdf https://www.cityofsalem.net/government/laws-rules/salem-revised-code https://www.cityofsalem.net/government/laws-rules/administrative-rules/-folder-55

Page 6 Request for Proposal for stormwater facilities against the two standards allowed by the Municipal Stormwater Permit.

The Consultant will then provide recommendations for how the City should proceed in amending, or not, its current ordinances.

• DRAFT Technical Memorandum providing the results of the Consultant’s review of performance standards and recommendations for how the City should proceed.

• FINAL Technical Memorandum providing the results of the Consultant’s review of performance standards and recommendations for how the City should proceed.

Task 4 – Needed Updates to City Ordinances

Based on the results of Task 2 and Task 3, the Consultant will prepare a set of recommended amendments to the applicable City ordinances that, once adopted, will provide compliance with the Municipal Stormwater Permit. At minimum, the set of recommended amendments will include:

(1) The current ordinance annotated with underline and strike-through fonts indicating additions and deletions; and (2) Narrative text associated with each recommended amendment describing its purpose or need, with cross-references, as applicable, to the relevant section(s) of the Municipal

Stormwater Permit.

• FINAL Technical Memoranda containing the recommended amendments to City ordinances and narrative texts.

Task 5 – Needed Updates to Public Works Administrative Rules

Based on the results of Task 2 and Task 3, and consistent with the recommendations provided in

Task 4, the Consultant will prepare a set of recommended amendments to the applicable City administrative rules that, when adopted, will be consistent with recommended amendments to City ordinances and will provide compliance with the Municipal Stormwater Permit. At minimum, the set of recommended amendments will be presented for each administrative rule and will include:

(1) The current rule text annotated with underline and strike-through fonts indicating additions and deletions; and (2) Narrative text associated with each recommended amendment describing its purpose or need, with cross-references, if applicable, to the relevant section of the Municipal

Stormwater Permit.

• FINAL Technical Memoranda containing the recommended amendments to City administrative rules and narrative texts.

Task 6 – Public Engagement

As part of the process to update City ordinances and rules, a robust public outreach and engagement effort is required. The City will be responsible for public engagement throughout the project and will require support from the Consultant. The purpose of this engagement is to both obtain feedback from key stakeholders and gain support from potentially affected parties. By way

Page 7 Request for Proposal of illustration but not limitation, the nature of this Consultant support can include: developing informational material, answering technical questions submitted by interested parties, supporting the work of a Stormwater Advisory Committee, and being present during in-person and online presentations as subject matter experts. Under the direction of the Project Manager, examples of the type of information to be provided during the outreach and engagement process may include:

• Basic information regarding the need for amending the Stormwater Code, its schedule for implementation, and an overview of the regulatory basis and framework;

• Initial estimates of cost impacts for new development, redevelopment, and ongoing business practices as a result of the proposed changes;

• Opportunities for reducing the cost of compliance by implementing non-structural stormwater best management practices (BMPs) and incorporating green stormwater infrastructure into site planning and construction; and

• Means for obtaining additional information, participating in the decision-making processes, and providing feedback.

• Informational material provided on request by the City that is suitable for distribution at public meetings and for posting on the City’s social media platforms.

• The presence of one or more members of the Consultant team on request by the City at meetings involving one or more stakeholder constituency, such as the Home Builders

Association of Marion and Polk County, neighborhood associations, and watershed councils.

• The presence of one or more members of the Consultant team on request by the City to provide subject matter expertise-level support at City Council Work Sessions, Planning

Committee meetings, and City Council meetings.

Task 7 – Low Impact Development/Green Infrastructure Strategy

In addition to the requirements for Post-Construction Site Runoff for New Development and

Redevelopment (Section A.3.e of the permit) listed in the tasks above, the City must also, by

November 1, 2023, review and update or develop and begin implementation of a strategy to require to the maximum extent feasible the use of Low Impact Development and Green Infrastructure

(LID/GI). This includes design, planning, and engineering strategies intended to minimize effective impervious areas or surfaces and reduce the volume of stormwater discharge and the discharge of pollutants in stormwater runoff from development and redevelopment projects. In development of this strategy, the City must review ordinance and development code for opportunities to reduce the volume of discharge by design, engineering, and planning methods that prioritize onsite retention, infiltration, and evapotranspiration and the option of reuse where feasible, in order to made LID/GI the preferred and commonly used approach to site development.

Deliverable:

• A DRAFT technical memorandum that includes the results of the review that was conducted, and the strategy created for the City to implement by September 15, 2023.

Page 8 Request for Proposal

• A FINAL technical memorandum that includes edits based on public comment due by

October 20, 2023.

Task 8 – Infrastructure Retrofit and Hydromodification Assessment Update

Under section A.3.i of the Municipal Stormwater Permit, the City must continue to consider the impacts to policy, capital improvements, and retrofit projects on stormwater discharges to receiving waters, considering the goals and proposed actions described in the previous permit’s

Hydromodification Assessment and Stormwater Retrofit Strategy reports. The assessment must include a summary of any outcomes related to the Hydromodification Assessment and Stormwater

Retrofit Strategy reports as an appendix to, or as a subsection of the third Annual Report, due to

DEQ on or before November 1, 2023.

Deliverables:

• One or more technical memoranda that:

o Contains a review of how the Hydromodification Assessment and Stormwater

Retrofit Strategy have been used, considered, or implemented since the time the reports were completed;

o Shows progress towards completion of projects identified in the Retrofit Strategy priority list, and a qualitative assessment of the benefits of those projects;

o Provides a description of any further actions taken as a result of the

Hydromodification Assessment, and a rational for those actions since the writing of the reports;

o Provides a narrative describing progress towards addressing gaps in hydromodification information or data related to waterbodies within the permittee’s jurisdiction as identified in the Hydromodification Assessment; and o Provides new goals, tools, priorities, and planned or potential projects for addressing ongoing hydromodification and/or water quality impacts resulting from historical development/ infrastructure, and for improving retrofit planning, considering information gathered in the time since the completion of the reports.

Page 9 Request for Proposal

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

Organization of the Proposal

Proposers must organize and present their Proposal using the format provided below. Pages must be numbered. Proposals received after the deadline or received at a location other than the stated place of delivery may be rejected as non-responsive.

A. Cover Letter: A cover letter indicating the proposer’s understanding of the services to be performed as described in Section 2 (Scope of Requested Services) of this RFP. The cover letter should also include a brief description of the Consultant’s firm, capabilities, and general approach to provide these services. Include your company name, contact person, address, phone number, and email address.

B. Organization Structure and Expertise: This section shall include: (1) a summary of the Consultant’s organization, structure, location(s), and size; (2) a general description of the Consultant’s areas of expertise as related to the Scope of Requested Services;

(3) a listing of Consultant’s staff who will be assigned to this project and a summary of their relevant experiences; and (4) the Consultant’s expectation regarding the amount and nature of support to be provided by City staff.

C. Approach to this Project: In this section, the Consultant shall describe in general terms how the Consultant intends to address the needs, achieve the tasks, and provide the deliverables as described in the Scope of Requested Services. This section must address how the Consultant intends to establish and maintain a collaborative

City/Consultant team throughout the project.

D. Experience: This section shall describe the experience of the Consultant in delivering services related to regulatory compliance with municipal stormwater permits by local governments. This section shall include, to the degree it is applicable, the Consultant’s experience with: municipal stormwater ordinances, stormwater design standards for new and redevelopment, administrative rulemaking, and public engagement. In this section, the Consultant may also describe experiences in providing alternative, innovative, and cost-effective solutions.

E. Fee Proposal: In the section, the Consultant shall provide a fee estimate for the project which shall include the number of hours estimated to complete the project organized by Task and the hourly rates for assigned staff.

F. References: The Consultant shall provide a list of clients with telephone numbers and email addresses who may be contacted. The reference list shall be from three to five projects performed within the last five years by the firm or by the individuals that are closely related to those described in the Scope of Requested Services.

G. Quality of Technical Writing: In addition to the organization and content, Proposals will be evaluated based on the quality of the technical writing, including spelling, grammar, clarity, and cohesion.

Page 10 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. Any interviews may be held for the purpose of clarity of proposals and will not be scored. However, the Proposal Selection Committee members may use the interview process as an opportunity to adjust their original proposal scores to reflect any additional understanding of proposals that they derived from the interviews. In addition to submitted proposal information, the City reserves the right to use any information of which it is aware of, independent of the submitted proposals, in determining consideration of contract award.

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 scoring a proposal to this RFP are summarized below:

A. Cover Letter (5 points out of 100).

The proposal will be scored based the firm’s background and experiences, and how well the Proposer summarized the firm’s understanding and intended approach to the project in the cover letter.

B. Organization Structure and Expertise (10 points out of 100).

The proposal will be scored based on the evaluator’s confidence that the Proposer’s organization, structure, areas of expertise, and relevant experiences, both of the firm and of the assigned staff, are sufficient to successfully achieve the tasks and provide the deliverables as outlined in the Scope of Requested Services.

C. Approach to this Project (20 points out of 100)

The proposal will be scored based on the evaluator’s confidence that the Proposer’s intended approach will successfully achieve the tasks and provide the deliverable as outlined in the Scope of Requested Services. The evaluator will also consider the

Consultant’s expectations regarding the amount and nature of support to be provided by City staff, and the Consultant’s strategy for forming a cohesive and collaborative City/Consultant team.

D. Experience (15 points out of 100)

The proposal will be scored based on the evaluators assessment of the firm’s experiences with similar projects involving regulatory compliance with municipal stormwater permits by local jurisdictions.

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E. Fee Proposal (30 points out of 100)

The proposal will be scored based on the Proposer’s estimate of total costs given the proposer’s intended approach.

F. References (10 points out of 100)

The proposal will be scored based on the nature and quality of the work completed by the Consultant when compared to the Scope of Requested Services contained in this RFP.

G. Quality of Technical Writing (10 points out of 100)

The proposal will be scored based on how well it conveys to the evaluator the firm’s ability to successfully achieve the tasks and provide the deliverables as outlined in the Scope of Requested Services. The score will also consider the overall quality of the technical writing, including such factors as rules of grammar, spelling, continuity of style, and clarity of writing.

Evaluation Criteria Maximum Points

A. Cover letter 5

B. Organization Structure and Expertise 10

C. Approach to this Project 20

D. Experience 15

E. Fee Proposal 30

F. References 10

G. Quality of Technical Writing 10

Total Maximum Points Possible 100

4.2 Selection Process

An RFP Selection Committee will be appointed by the City to evaluate and rank all qualifying proposals received by the closing date. If no acceptable arrangements can be made, negotiations with the next highest ranked proposer will occur.

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

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

Page 12 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 March 10, 2023, at 5:00 PM (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 1, 2023 ................................................................................ Begin RFP Solicitation

March 10, 2023 at 5:00 PM (local time) .............................. Questions/Clarifications Due

March 24, 2023 at 4:00 PM (local time) ............................................... RFP Closing Date

April 2023 ............................................................... Notice of Intent to Award Agreement

April / May 2023 ..................................................... Agreement Award (Anticipated Date)

May 2023 ............................................................................................... 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 PM (local time), March 10, 2023. 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.

Page 13 Request for Proposal

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

OregonBuys.

5.4 Protest of Solicitation Document and the Procurement Process

A prospective proposer may protest the procurement process or the solicitation document for an Agreement. A prospective proposer must deliver a written protest to the Contracts and Procurement Manager (email: sself@cityofsalem.net) no later than 5:00 PM (local time), March 10, 2023. 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 PM (local time), March 24, 2023.

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

Page 14 Request for Proposal strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each Proposal is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

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

Need Help?

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

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

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

#223150.”

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).

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

Page 15 Request for Proposal

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

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

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

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

• To seek clarifications of each proposal.

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

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

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

5.11 Contract Administrator

The Contract Administrator is Robert D. Chandler, PhD, PE. All questions relating to the

RFP process should be directed in writing to Shawna Self, CPPB, Contracts and

Procurement Manager, by email to: sself@cityofsalem.net.

5.12 Economy of Proposal Preparation

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

5.13 Addenda

In the event that it becomes necessary to revise any part of this RFP, an addendum 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.

mailto:sself@cityofsalem.net

Page 16 Request for Proposal

The written protest shall (1) Sufficiently identify the addendum being protested; (2)

Identify the specific grounds that demonstrate how the addenda is contrary to law, unnecessarily restrictive, legally flawed or improperly specifies a brand name; (3) Include evidence or supporting documentation that supports the grounds on which the protest is based; (4) Identify the relief sought; and (5) Include a statement of the desired changes to the addendum that the prospective proposer believes will remedy the conditions upon which the prospective proposer based its protest. The City will not consider a protest to matters not added or modified by the protested addendum. Delivered to the Contracts and

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

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

5.15 Acceptance of Proposal Content

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

5.16 Public Records and Confidentiality of Proposal

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

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

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

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

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

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

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 nondiscrimination 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.

mailto:contracts@cityofsalem.net http://www.cityofsalem.net/

Page 17 Request for Proposal

Solicitations for Subcontracts, Including Procurements of Materials and

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

B.)

5.18 Discrimination in Subcontracting Prohibited

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

5.19 Notice of Intent to Award

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

5.20 Protest of Intent to Award

A proposer may protest the award of the Agreement or the intent to award such

Agreement, whichever occurs first, if the proposer claims to have been adversely affected or aggrieved by the selection of a proposer. A proposer submitting a protest must claim that the protesting proposer is the highest ranked proposer because the proposals of all higher ranked proposers failed to meet the requirements of this RFP or because the highest ranked proposers otherwise are not qualified to perform the services described in this RFP. The proposer must deliver the written protest to the Contracts and Procurement

Division to contracts@cityofsalem.net, within seven (7) days after issuance of the notice of intent to award the Agreement or if no notice of intent to award is issued, within forty-eight (48) hours after award. A proposer’s written protest shall specify the grounds for protest to be considered by the City pursuant to ORS 279B.410(2). The City Manager shall not consider a proposer’s award protest submitted after the above timeline. The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.21 Incurred Costs

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

Page 18 Request for Proposal

5.22 No Warranty

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

5.23 Statement of Time

A period of time, unless stated as a number of City business days, shall include

Saturdays, Sundays, and holidays.

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

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

5.24 Right to Audit

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

5.25 Accept or Reject Proposals

The City reserves the right to accept or reject any or all proposals in response to this RFP without cause or to delay or cancel this RFP process without liability to the City if the

City determines it is in the public interest to do so.

5.26 Additional Information

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

5.27 Right to Modify Process

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

OregonBuys.

5.28 Debarment of Proposer

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

Page 19 Request for Proposal

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

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

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

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

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

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

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

Manager 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 20 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…