Public Works Department

Goal 5 Riparian Corridors

RFP NUMBER: 234124

CLOSING DATE: April 26, 2024 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 234124

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is seeking proposals from qualified teams of land use planning and environmental consultants to conduct Oregon Statewide Planning Goal 5

(herein “Goal 5”) riparian corridor inventory, planning, and public engagement work within

Salem’s City Limits and Salem’s portion of the Salem-Keizer Urban Growth Boundary.

Proposals will be received until, but not after 4:00 PM (local time), April 26, 2024.

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.

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

They must be received no later than April 12, 2024 at 5:00 PM (local time).

https://bidlocker.us/a/salem_or/BidLocker mailto:help@equityhub.us https://bidlocker.us/files/Vendor%20Guide%20-%20Bid%20Locker%20Base.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 https://oregonbuys.gov/bso/view/login/login.xhtml mailto:sself@cityofsalem.net

Page 2 Request for Proposal

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 Public Records Request |

Salem, Oregon (cityofsalem.net).

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 Equity & Accessibility | Salem, Oregon (cityofsalem.net). Proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules, and regulations if awarded an agreement by the City.

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

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

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

The City is an Equal Employment Opportunity employer.

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 26, 2024

REQUEST FOR PROPOSAL NUMBER: 234124

REQUEST FOR PROPOSAL CLOSING: April 26, 2024 at 4:00 PM (Local Time) https://www.cityofsalem.net/government/public-records-request https://www.cityofsalem.net/government/public-records-request https://www.cityofsalem.net/government/equity-accessibility

Page 3 Request for Proposal

RFP #234124

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 and nine operating departments (listed below).

City Manager Legal

Community Services Community Planning and Development

Enterprise Services Police

Fire Public Works

Finance

SECTION 1: BACKGROUND

On November 8, 2021, the Salem Planning Commission asked Salem City Council to consider funding a phased Goal 5 update, focusing first on inventorying riparian corridors. Goal 5 is a broad statewide planning goal that encompasses more than a dozen resource categories. It requires local governments to “adopt programs that will protect natural resources and conserve scenic, historic, and open space resources for present and future generations” in order to “promote a healthy environment and natural landscape that contributes to Oregon’s livability.” Salem Planning

Commission identified updating Salem’s waterways map and adoption of minimum required setbacks along waterways as a high priority and an important first step to ensure that the impacts of development along Salem’s waterways is minimized.

Although the Salem Area Comprehensive Plan has been adopted by the City and acknowledged by the Land Conservation and Development Commission (LCDC) as being in compliance with the statewide goals, state statutes, and state administrative rules, it does not include local resource inventories or protection plans associated with Goal 5 resources. There is currently no state program that requires the City to create or update Goal 5 inventories and associated protections as the state no longer conducts periodic review. However, the City can act without a state directive in order to protect the natural resources of high priority to the community and implement Goal 5.

Coming into compliance with Goal 5 for Riparian Corridors will help to promote healthy riparian corridors in Salem, which are important for providing clean water, habitat for fish and wildlife, mitigation of high stormwater flows, habitat connection with upland areas, and access to nature and recreation.

Requirements for Goal 5 Resource Planning are found in the following Oregon Administrative

Rules:

• OAR 660-023 – Procedures and Requirements for Complying with Goal 5

• OAR 660-016 – Complying with Statewide Planning Goal 5

• OAR 660-031 – State Permit Compliance and Compatibility

Riparian Corridors are one of 14 resource categories included in Goal 5 (Table 1). Only three of these categories require local inventories, while the rest rely on state or federal inventories, are

Page 4 Request for Proposal tied to specific plan amendments, or are optional. A Local Wetland Inventory (LWI) for the Salem-

Keizer Area was completed in 1999; however, significant wetlands were not identified or adopted by the City of Salem. Riparian Corridors and Wildlife Habitat have not yet been inventoried. The present project focuses solely on Riparian Corridors, but it will require assessment of wetlands within riparian areas to determine the extent of riparian corridors. In the absence of a wildlife habitat inventory, protection of riparian corridors will assist with protecting wildlife habitat as well, especially wildlife corridors through Salem. An update to the LWI and a Wildlife Habitat

Inventory are anticipated to be future phases of this project as funding becomes available.

This project will be funded through Salem Public Works Department and co-managed by Natural

Resources Planners in Salem’s Public Works Department and Long Range Planners in Community

Planning and Development Department.

Goal 5 Riparian Corridors Planning Process

Goal 5 establishes a five-step planning process for identifying, evaluating, and protecting significant resources:

1) Conduct an inventory of the resource within the local jurisdiction and determine significant resources or sites based on quality, quantity, and location information.

2) Identify potential conflicting uses and determine impact areas around the resource. A list of activities that, at a minimum, must be considered conflicting uses in riparian corridors is included in the rule.

3) Analyze the economic, social, environmental, and energy (ESEE) consequences of conflicting uses.

4) Based on the results of the ESEE analysis, decide whether the resource should be partially or fully protected, or if the conflicting use should be allowed.

5) Adopt a program to achieve Goal 5 compliance for protecting that resource. This is accomplished through adoption of provisions or revision within comprehensive plans and land use regulations to implement the decisions made in step 4 above.

For the three resource categories that require local inventories and ESEE analysis, “safe harbor” options are available as an alternative to going through the full inventory and analysis process described above. By adopting safe harbor criteria, local governments can ensure compliance with

Goal 5 without completing expensive and often contentious inventories and analyses. However, the safe harbor alterantives do not always provide adequate resource protection for the community, nor do they ensure adequate protection for threatened and endangered species. For Riparian

Corridors, there are two safe harbor provisions that can be adopted:

1) Instead of the standard inventory process, a uniform setback distance from all fish-bearing lakes and streams can be used to define the riparian corridor boundary. The uniform setback is 75-feet for streams with an average annual stream flow greater than 1,000 cfs, and 50-feet for all other fish-bearing streams and lakes.

2) Instead of the ESEE analysis, a local government may adopt an ordinance to protect significant riparian corridors using the criteria specified in OAR 660-023-0090(8).

There are advantages and disadvantages to both the standard and safe harbor approaches. For instance, while the safe harbor approach creates a consistent and definitive standard across all jurisdictions that adopt it and requires less work and therefore less expense, it cannot be tailored

Page 5 Request for Proposal to site specific conditions and does not offer the best protection to either resources or property owners. Additionally, the safe harbor inventory option only applies to fish-bearing streams, which leaves out over 30 miles of other important tributaries in Salem that may be vital to the protection of water resources and fish habitat. For these and other reasons (e.g. lack of an exisitng LWI), the

City has determined that a standard inventory of riparian corridors is needed in Salem.

SECTION 2: SCOPE OF REQUESTED SERVICES

The selected consultant will work closely with City staff from the Community Planning and

Development Department, Public Works Department, and resource agencies to inventory riparian corridors and lead the Goal 5 planning process for riparian corridors within Salem city limits and

Salem’s portion of the Salem-Keizer Urban Growth Boundary (see “Goal 5 Focus Area” map in

Appendix A). The scope of work will include guiding the City through Steps 1 through 4 of the

“Goal 5 Riparian Corridors Planning Process” described above, including conducting a standard riparian corridor inventory, delivery of associated map products, ESEE analysis, development of a resource protection plan, and participation in a significant public process.

Note: Phase 2 tasks are dependent on funding in future City budgets. These tasks will only begin upon written authorization from the City.

Task 1. Phase 1 - Riparian Corridor Inventory

Utilizing the Urban Riparian Inventory Assessment Guide (URIAG), conduct a riparian corridor inventory for all streams identified within the study area, consistent with Goal 5 requirements described in OAR 660-023-0900(4). This process should include, at minimum:

A. Confirm Waterway Mapping: Conduct a review of the City’s draft map of fish bearing and non-fish bearing streams, which is based on 2023 data from Oregon Department of

Fish and Wildlife, Oregon Department of Forestry, and the City’s stormwater drainage map, and includes appproximately 78 miles fish-bearing and 32 miles of non-fish-bearing streams (see “Preliminary Waterways Map” in Appendix A). Ensure waterways are mapped within the full extent of the area of interest.

B. Basemap Preparation: Assemble data needed to prepare preliminary maps of riparian corridor study areas, including streams, wetlands (using LWI and subsequent wetland concurrences obtained from DSL), topography, existing development, drainage areas, tax lots, and other factors as appropriate. Prepare base maps with known information and identifiy properties where physical access is needed to collect field data.

C. Prepare a list of properties where on-site verification of riparian areas and/or wetlands will be needed and provide the list to the City for notification purposes.

D. Review URIAG and project goals and determine if any supplemental data needs to be collected. If determined appropriate, prepare a supplemental data sheet for Salem.

E. Conduct assessment of the riparian areas using the URIAG and supplemental data sheet(s), if relevant.

F. Draft riparian corridor maps: Prepare map of waterways, waterbodies, wetlands, and significant riparian corridors identified through the process above. Also prepare map showing a hypothetical safe harbor 50-ft corridor on Fish Bearing streams for comparison.

G. Analysis: Conduct analysis of inventoried riparian corridors, such as total acres within riparian corridors, number of parcels intersected, number of parcels under public

Page 6 Request for Proposal ownership, number of developed verses undeveloped parcels, and identify any parcels completely or almost completely within riparian corridors. Conduct analysis for both the Standard Inventory and the hypothetical Safe Harbor alternative mapped in F above.

H. Community Engagement: prepare Draft Riparian Corridor Map for virtual open house and prepare presentations for public engagement (see Task 4).

I. Review public input and revise Draft Riparian Corridor Map as appropriate.

Task 1 Deliverables:

1. List of properties where access is needed for field data collection.

2. Draft Riparian Corridor Inventory Report and Map,

3. Revised Draft Riparian Corridor Inventory Report and Map, with associated GIS files and/or online map for virtual open house.

4. Final Riparian Corridor Inventroy Report and Map, with associated GIS files.

5. Presentations for public engagement.

Task 2. Phase 1 - Agency Coordination

This task will provide for review of the Riparian Corridor Inventory by Oregon Department of

State Lands (DSL), Oregon Department of Land Conservation and Development (DLCD), and any other affected agencies. The selected consultant will coordinate agency review and facilitate any necessary meetings to gain approval/support.

A. Communicate with and deliver draft work products to appropriate resource agencies.

B. Prepare written responses to comments in consultation with City staff.

C. Schedule and facilitate up to four (4) meetings with the City’s review team, resource agencies, and other stakeholders as needed to discuss and refine the Riparian Corridor

Inventory.

Task 2 Deliverables:

1. Meeting agendas, presentations, and minutes.

Task 3. Phase 1 - Public Process

It is anticipated that successful completion of this project will require a robust public engagement process with multiple opportunities for the public to stay informed and participate in the planning process. For Phase 1, the City will arrange for a minimum of one virtual open house, coordinate meetings, and cover costs associated with public notices and mailings. The City’s project team will be responsible for ensuring materials are posted via appropriate channels for public and stakeholder review. The public process for Phase 1 should include the following, at minimum:

A. Identification of key stakeholders in the community through a stakeholder mapping exercise, conducted with the assistance of the City project team.

B. In coordination with the City’s project team, develop public involvement strategies and materials for engaging key stakeholders in Phase 1 of this project, including online and in-person engagement tools, such as a review and comment tool for the riparian corridor map, surveys, virtual open houses with comment forms, and meetings-in-a-box. Materials should be translated into languages other than English, as needed, including Spanish.

C. Identification of property owners that may be directly impacted by this project (i.e., properties with waterways, waterbodies, or riparian areas).

Page 7 Request for Proposal

D. Facilitating and presenting at up to three (3) meetings for property owners and other interested parties to present the inventory results and introduce an overview of protection options.

Task 3 Deliverables:

1. Presentations for public meetings.

2. Meeting notes.

3. Comment and responses list/matrix.

4. Online and in-person engagement materials and tools.

Task 4. Phase 1 - Project Management

Project Management for Phase 1 includes oversight and administration of the contract to ensure successful completion of the work plan, including:

A. Providing management, coordination, and direction to the project team to complete the project on time and within budget.

B. Preparing progress reports and timelines.

C. Scheduling and facilitating bi-weekly (once every two weeeks) project team meetings and preparing meeting agendas and minutes.

D. Preparing and submitting invoices.

Task 5. Phase 2 – Riparian Corridor Protection Plan

As authorized in OAR 660-023-0090(5) and (6), the City may elect to apply either safe harbor protections to significant riparian corridors or conduct an ESEE analysis and develop a protection plan. Task 2 involves working in coordination with City staff and appropriate resource and planning agencies to review and analyze options for Phase 2 and to carry out the selected approach.

This task assumes that an ESEE analysis will be conducted; however, the selected consultant should be prepared to support a Safe Harbor approach if selected instead.

A. Create overview of protection options: Safe Harbor protections versus Standard Process

(ESEE Analysis). Include examples from other cities. Work with staff to identify a recommended approach.

B. Present Riparian Corridor Inventory and overview of protection options and recommended approach at Joint Work Session of the Salem Planning Commission and City Council.

C. Examine options for tailoring protections, including researching examples from other cities, and prepare work plan for Phase 2, incorporating input from Joint Work Session and staff.

D. Identify potential conflicting uses that are allowed in all zones in Salem that are within identified corridors, including activities that, at a minimum, must be considered conflicting uses in riparian corridors per OAR.

E. Analyze the economic, social, environmental, and energy (ESEE) consequences of prohibiting, partially prohibiting, or allowing the identified conflicting uses.

F. Prepare a Draft Protections Plan, including initial recommendations for riparian corridor protections and associated proposed regulatory maps, based on the results of the ESEE analysis and comparison with Safe Harbor protections.

G. Prepare presentation and other outreach materials for a virtual open house and other public engagement efforts (see Task 4).

H. Present Draft Protections Plan and summary of community input at a Joint Work Session of the Salem Planning Commission and City Council.

Page 8 Request for Proposal

I. Review staff, City Council, Planning Commission, and public input, and revise protection plan and associated regulatory maps as necessary to address staff and public comments.

Prepare responses to public comments.

J. Provide technical support as City staff drafts a code amendment and Comprehensive Plan amendment to adopt riparian corridor protections. This could include reviewing and commenting on draft code amendment language developed by City staff.

K. Provide technical and other support as City staff take the riparian corridor protections – the proposed code amendment and Comprehensive Plan amendment – through the City’s formal adoption process. This could include attending public hearings at the Planning Commission and City Council.

Task 5 Deliverables:

1. Two presentations at City Council/Planning Commission Joint Work Sessions.

2. Phase 2 Work Plan.

3. Draft Riparian Corridor Protection Plan and Draft Riparian Corridor Regulatory Map, with associated GIS files and/or online map for virtual open house.

4. Final Riparian Corridor Protection Plan and Final Riparian Corridor Regulatory Map, with associated GIS files.

5. Review and comment on draft code amendment and Comprehensive Plan amendment to adopt riparian corridor protections.

6. Presentation materials and attendence at up to four Planning Commission and/or City

Council public hearings.

Task 6. Phase 2 - Agency Coordination

This task will provide for review of the Riparian Corridor Protection Plan by Oregon Department of State Lands (DSL), Oregon Department of Land Conservation and Development (DLCD), and any other affected agencies. The selected consultant will coordinate agency review and facilitate any necessary meetings to gain approval/support.

A. Communicate with and deliver draft work products to appropriate resource agencies.

B. Prepare written responses to comments in consultation with City staff.

C. Schedule and facilitate up to six (6) meetings with the City’s review team, resource agencies, and other stakeholders as needed to discuss and refine the Riparian Corridor

Inventory and Protection Plan.

Task 6 Deliverables:

1. Meeting agendas, presentations, and minutes.

Task 7. Phase 2 - Public Process

It is anticipated that successful completion of this project will require a robust public engagement process with multiple opportunities for the public to stay informed and participate in the planning process. The work plan should include multiple opportunities for residents, business owners, organizations, and other stakeholders to learn about the project and provide input. The City will arrange for a minimum of one virtual open house, coordinate meeting spaces, and cover costs associated with public notices and mailings. The City’s project team will be responsible for ensuring materials are posted via appropriate channels for public and stakeholder review. The public process should include the following, at minimum:

Page 9 Request for Proposal

A. In coordination with the City’s project team, develop an overall outreach approach focusing on key stakeholders identified in the stakeholder mapping exercise conducted during Task 2. Create a technical memo that includes various public outreach efforts planned, the targeted audiences, format, roles, and the purpose of each outreach effort.

Include an equity outreach strategy to support engagement with under-represented populations in the project area.

B. In coordination with the City’s project team, develop public involvement strategies and materials for engaging key stakeholders in Phase 2 of this project, including online and in-person engagement tools, such as surveys, virtual open houses with comment forms, and meetings-in-a-box. Materials should be translated into languages other than English, as needed, including Spanish.

C. Facilitating and presenting at up to four (4) meetings for property owners and other interested parties at various project stages, including to present and get input on the draft and final proposed resource plan.

Task 7 Deliverables:

1. Presentations for public meetings.

2. Meeting notes.

3. Comment and responses list/matrix.

4. Public engagement plan.

5. Online and in-person engagement materials and tools.

Task 8. Phase 2 - Project Management

Project Management includes oversight and administration of the contract to ensure successful completion of the Phase 2 work plan, including:

A. Providing management, coordination, and direction to the project team to complete the project on time and within budget.

B. Preparing progress reports and timelines.

C. Scheduling and facilitating bi-weekly (once every two weeeks) project team meetings and preparing meeting agendas and minutes.

D. Preparing and submitting invoices.

Page 10 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 delivery, may be rejected as non-responsive.

A. Cover Letter and Proposal: A cover letter indicating the proposer’s understanding and compliance of the services as specified in the Section 2, Scope of Requested

Services, to be performed and the approach to provide these services to meet the needs of the City. Signatory of this letter shall be authorized to contractually bind you to a contract with the City. Include your company name, address, phone number, contact person, and email address. The proposal, including cover letter, table of contents, and any resumes or appendices, shall not exceed 20 pages.

B. Project Approach: Provide information related to your team’s familiarity with Goal 5 inventories, the Goal 5 planning process, and public engagement. Describe the approach your team will use to complete this project assignment.

C. Team Qualifications: Provide qualifications of key professional staff on your consultant team. Describe each team member’s experience with Goal 5, their role, their availability, and the proportion of their time they would spend on the project assignment. Describe how you will maintain continuity and availability of key staff for the duration of the project assignment. If subconsultants are proposed, describe your firm’s experience working with them on similar projects.

D. Schedule: Provide a schedule for your team’s completion of the project assignment work based upon your team’s availability and understanding of the project scope, constraints, and challenges.

E. Fee Proposal: Provide a fee estimate for the project which shall include the number of hours estimated to complete the project, hourly rates for staff, work tasks, and work items.

F. Past Performance and References: Provide information related to your team’s quality of work on similar types of projects, ability to meet schedule, and ability to control cost on similar previous projects. Provide a brief description of at least three similar projects performed within the last ten years by members of your team. Provide references for each of the above-referenced example projects including email addresses and telephone numbers. Verify that contact information is current.

Page 11 Request for Proposal

SECTION 4 PROPOSAL EVALUATION CRITERIA AND SELECTION PROCESS

4.1 Evaluation Criteria

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

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

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

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

B. Project Approach. 20 points out of 100 points may be awarded for Project

Approach.

Proposers will be evaluated on their approach to this Project. Proposers will also be evaluated on their ability to provide internal quality control.

C. Team Qualifications. 25 points out of 100 points may be awarded for Team

Qualifications.

The City will review and evaluate relevant experience and qualifications of key professional staff, their level of anticipated involvement, by name and/or title, and the roles each would be expected to serve in project completion. The City seeks proposals from technical experts in the field who have prepared similar work products for local governments. Qualifications and experiences of individual staff members are relevant only in cases where the staff is anticipated to be directly involved in this Project.

D. Schedule. 10 points out of 100 points may be awarded for Schedule.

The City will review the soundness of the proposed project schedule and the ability of the consultant team to carry out this project in a timely fashion.

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

Page 12 Request for Proposal

Points will be based on a comparison ratio between proposals received. Score

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

F. Past Performance and References. 15 points out of 100 points may be awarded for Past Performance and References.

Note: Additional references may be sought out by the evaluation committee to include, but not limited to, City staff and other governmental agencies. Proposer must list at least three (3) past projects with corresponding references. References will be evaluated based on the similarity of work completed to the work required based on this RFP as well as the reference’s evaluation of the quality of the work performed. An outstanding recommendation for less relevant work products may not score as well as a positive recommendation on directly related work.

Evaluation Criteria Maximum Points

Cover letter and Proposal Pass/Fail

Project Approach 20

Team Qualifications 25

Schedule 10

Fee Proposal 30

Past Performance and References 15

Total Maximum Points Possible 100

4.2 Selection Process

A RFP Selection Committee will be appointed by the City to evaluate and rank all qualifying proposals received by the closing date. 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 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 B), which will incorporate this RFP and proposer’s response as a part of the Agreement.

Page 13 Request for Proposal

SECTION 5: INFORMATION AND INSTRUCTIONS TO PROPOSERS

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

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

Procurement, by email sself@cityofsalem.net. They must be received no later than April

12, 2024, 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 26, 2024 .............................................................................. Begin RFP Solicitation

April 12, 2024 at 5:00 PM (local time) ................................ Questions/Clarifications Due

April 26, 2024 at 4:00 PM (local time) ................................................. RFP Closing Date

May 2024 ............................................................... Notice of Intent to Award Agreement

May/June 2024 ....................................................... Agreement Award (Anticipated Date)

June 2024 ............................................................................................... 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), April 12, 2024. 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.

mailto:sself@cityofsalem.net

Page 14 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 PM (local time), April 12, 2024. 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), April 26, 2024.

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

Page 15 Request for Proposal

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 #234124.”

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).

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

Page 16 Request for Proposal

• 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 Jeffery Johnson, Natural Resources Planner. 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. 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 mailto:sself@cityofsalem.net

Page 17 Request for Proposal 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 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 mailto:contracts@cityofsalem.net http://www.cityofsalem.net/

Page 18 Request for Proposal 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 C.)

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.

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.