245002 RFP.pdf

Updated: June 30, 2023

City Manager’s Office

Organization Assessment and

Optimization Services

RFP NUMBER: 245002

CLOSING DATE: March 8, 2024 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 245002

Organization Assessment and Optimization Services

INTRODUCTION

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

Assignments may be made on an as-needed basis throughout the year.

Proposals will be received until, but not after 4:00 PM (local time), March 8, 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 February 23, 2024 at 5:00 PM (local time).

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 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

(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: February 12, 2024

REQUEST FOR PROPOSAL NUMBER: 245002

REQUEST FOR PROPOSAL CLOSING: March 8, 2024 at 4:00 PM (Local Time) https://www.cityofsalem.net/Pages/public-records-request.aspx https://www.cityofsalem.net/Pages/equity-and-accessibility.aspx

Page 3 Request for Proposal

RFP # 245002

Organizational Assessment and Optimization Services

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.

Operating as a regulating agency, service provider, and as a large employer, the City impacts many facets of our community. Day-to-day, the City provides residents, visitors and businesses with

Police and fire protection and emergency medical response, collects and treats sewage, and supplies safe drinking water. As a regulator, Salem provides planning and permitting to help manage growth, while simultaneously supporting job creation and development. Through franchise agreements, the City provides access to the rights-of-way for public utilities and oversight of solid waste collection. The City owns, operates, and plans for infrastructure like streets, sidewalks, bike facilities, bridges, parking, parks, and water and sewer pipes to meet community needs today and in the future. Other services go beyond the basics to provide amenities that increase quality of life, including recreation, libraries and educational programs, housing and social services, public spaces, streetscaping, and public art.

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

The City Manager’s Office of the City of Salem, Oregon acting on behalf of the City of Salem

(“City”) is soliciting proposals from qualified Proposers for providing organizational development services on a continuing services basis. Assignments may be made on an as-needed basis as part of the City’s mulit-year continuous improvement initiative.

SECTION 2: SCOPE OF REQUESTED SERVICES

2.1 CONSULTANT SERVICES

The City is seeking proposals to hire Consultants of Record (COR) to provide personal services on a continuing services basis. Services will be provided under renewable annual contracts with up to a maximum of four additional one-year renewal periods. Under these contracts, work will be assigned on a project-by-project basis. Additionally, these services may be used to provide technical expertise not possessed by the City staff as needed for various assignments. It is also expected that other City Departments will use these contracts on a limited basis as approved by the Contract Administrator.

Page 4 Request for Proposal

2.2 PRIMARY / ALTERNATE CONSULTANTS

The City, via this competitive RFP process, will select a firm to be named as the primary

Consultants of Record (COR) and an additional firm to be named as an alternate

Consultants of Record (COR) in the event multiple jobs need to be performed simultaneously that exceed the primary COR’s ability to complete within the City’s required schedule, or agreement cannot be reached with the primary COR on fees for a specific project. Generally, work will be offered first to the primary COR. The intent is for the primary COR to be the primary provider of services under this process. The City reserves the right to select either the primary or alternate COR for a project assignment if, at the City’s sole discretion, it is in the City’s best interest to do so.

2.3 TERMINATION OF CONTRACT

There will be no guarantee as to the amount of work or size of project, if any, that any COR will be given under this contract. There is also no guarantee that equity will exist in the amount of work assigned between individual firms. Assignments will be at the City’s sole discretion, independent of consideration of equity in volume of work. The City reserves the right to terminate the contract with any COR if, after three or more refusals of projects by the COR, the City determines, at its sole discretion, that the intent of the COR process is not being served.

2.4 PROJECT DOLLAR LIMITS

The maximum annual and individual project dollar limits are shown in the table below.

2.5 RATE INCREASES

The contracts will include set hourly rate schedules for the term of the contract set by each firm’s proposal response to this RFP. Rates may be increased as approved by the City, for each annual contract renewal, at a rate no greater than the inflationary rate for the preceding contract year (July 1 to June 30) as calculated by the Consumer Price Index for All Urban

Consumers for the West as published by the U.S. Department of Labor, Bureau of Labor

Statistics. Proposers must request increases at the time of contract renewal for the current renewal year only.

2.6 CATEGORIES AND MAXIMUM CONTRACT AMOUNTS

Category of Service Annual

Contract

Maximum

Individual

Project

Maximum

Organizational Assessment and Optimization Services $350,000.00 $150,000.00

Page 5 Request for Proposal

2.7 PROJECT ASSIGNMENTS

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

2.7.1 The COR shall deliver a written, signed project proposal within ten (10) business days, (or as otherwise required by the City’s Contract Administrator), following the

City’s verbal or written request for proposal for a specific project assignment. The project proposal shall include a detailed description of the scope of the project and breakdown of the hours required for the project utilizing the hourly rates as referenced in this RFP. The proposal shall also include a schedule of work required to complete the project within the City’s required time frame. The City will review the proposal and, if approved, issue a Purchase Order Release. If a fee, scope, or schedule acceptable to the City is not negotiated within five (5) business days from the time of the delivery of the proposal, the City reserves the right to withdraw the offer and offer the project to the alternate COR or use another method to procure the personal services.

2.7.2 The primary COR agrees to provide services for all projects offered by the City unless multiple projects exceed the primary COR’s ability to complete the work within the required time frames. The City, at its sole discretion, can offer a project to the alternate COR if the primary COR cannot perform within the required time frame, and/or the City and the primary COR cannot reach agreement on scope, fee, and/or schedule, and/or the City determines it is in the City’s best interest to do so.

2.8 KEY STAFF PERSON

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

2.9 GENERAL SCOPE

2.9.1 ORGANIZATIONAL ASSESSMENT AND OPTIMIZATION SERVICES

The City Manager’s Office is seeking consulting support to assist the organization in achieving the vision of an enterprise organization that aligns resources to City Council and community desired outcomes.

The City’s Strategic Plan was last updated in March 2021 and articulates a vision of Salem as a safe, livable, and sustainable capital city, with a thriving economy and a vibrant community that is welcoming to all. Collectively, the organization strives to provide fiscally sustainable and quality services to enrich the lives of our residents, protect and enhance our environment and neighborhoods, and support the vitality of our economy.

Page 6 Request for Proposal

To achieve this vision, we have embarked on a multi-year continuous improvement initiative to strengthen the organization by setting shared goals, increasing responsibility, requiring accountability, and developing core competencies to encourage initiative and innovative ways to improve the organization and outcomes for the community.

The City’s leadership team shares responsibility for managing the organization, creating and maintaining partnerships that enhance achievement of outcomes, and providing leadership and development within departments.

• We will be at “Your Service” consistent with the Salem Strategic Plan and City

Council policy agenda.

• We are entrusted with resources by the public to provide services efficiently, equitably, and sustainably.

• We will act with necessary urgency.

• We will hold each other accountable to act according to our guiding principles.

Our current focus, articulated in the City Council’s annual work plan or Policy Agenda, is concentrated in four areas:

(1) Sustaining Infrastructure and Services;

(2) Engaging Our Community;

(3) Planning for Our Future; and

(4) Responding to Our Sheltering Crisis.

Through the services sought through this engagement, we aim to:

• Further develop an organizational culture that shares resources regardless of department or fund, where legally permissible.

• Align central support services and organizational resources to mission, vision and values of the organization and Strategic Plan outcomes.

• Build and emphasize management and analytic capacity through greater access employees with desired skills or contracted assistance.

• Simplify processes to increase organizational capacity and better serve the community.

• Structure the organization to maximize our ability to achieve outcomes and emphasize results over department-specific interests.

• Reduce the fiscal pressure on General Fund.

• Aim organizational operations toward the strategic plan and policy agenda.

• Link budgets, work plans and performance to the strategic plan in a comprehensive fashion.

Tasks may include:

• Design and implementation of meeting plans, facilitation

• Design decision making processes

• Conduct performance audits for gains in services

• Support further implementation of Priority Based Budgeting and key performance indicators

• Support a community and City Council process to update the Strategic Plan

Page 7 Request for Proposal

• Assessment of organizational capacity to develop and deliver changes needed to meet goals and desired outcomes

• Intersection with other related ongoing initiatives to support overall vision

• Facilitation of City Council, Leadership Team, and management work sessions toward a defined outcomes

Examples of the types of projects completed in this type of engagement include:

• Enterprise-wide organizational assessment and succession planning

• Strategic planning

• Planning and development for new service or functional areas

• Customer Service Center planning and process improvements

• Performance metrics and measures

• Ethics, efficiency and effectiveness policy and program

• City Council and Leadership Team trainings on governance, communications and leadership

• Performance audits, analyses, and reviews of:

• internal controls

• financial scenarios

• procurement

• permitting efficiency

• facilities maintenance efficiency

• fees

• governance structures

• homelessness response

• equity of programs and services

Available Resources o Strategic Plan (2021), 2024 Policy Agenda, 2023 Community Report o Annual Community Satisfaction Survey

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.

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

A. Cover Letter: A cover letter indicating the proposer’s understanding of the scope of services to be performed and the approach to provide these services to meet the needs of the City. Include, as reference, the title and RFP number in the heading of the letter.

Specifically address how staff will mobilize with very short notice to provide these services. State clearly whether or not your firm would accept a contract to be an

Alternate COR. State that services will be provided on a time and material basis.

Page 8 Request for Proposal

Signatory of this letter shall be authorized to contractually bind the proposer to a contract with the City. Include your company name, address, contact person, phone number, and email address.

B. Organization Structure and Approach to Projects: Brief summary of your organization, structure, and size. Specifically include a brief description of your available in-house areas of expertise, and a list of sub-consultants you may employ.

Indicate which of your staff will be assigned to this contract as needed. Indicate the amount and/or type of project support anticipated to be provided by various employees.

Identify the level and nature of support anticipated from City staff. The proposal should describe a typical project cycle to fully demonstrate the anticipated involvement of staff at various levels in the organization as well as the City staff.

Include an example approach to a specific task which may be undertaken by the successful proposer. In this scenario, the City requests an all-day Leadership Team retreat. How would you propose to scope the work and what steps would you take from the City’s inquiry through to the conclusion of the retreat.

C. Qualifications of Firm’s Staff: Provide resume(s) with qualifications and experience of the individual(s) who will provide services to Salem in compliance with Section 2, Scope of Services. If using sub-consultants, provide resume(s) of who will be providing services to the City. Describe the number of years of experience they have in performing work substantially the same as that needed by the City and summarize their qualifications. Identify any experience individuals within your firm, and the sub-consultants may have with the City codes, policies, methodologies and procedures.

D. Mobilization: Provide a statement of the ability of your firm to respond to the City’s needs for meetings or presentations in a timely manner. Include in the statement the anticipated lead time required to accommodate a discussion by telephone, a virtual meeting (over Skype or a similar tool), or a meeting in person at City’s offices.

Specifically address your firm’s ability to mobilize with short notice to provide these services. Describe your ability to scope project assignments quickly and accurately and provide alternative, innovative, and cost effective solutions.

E. Fee Proposal:

1) A fee schedule of hourly rates broken down per staff classification. These hourly rates will be included in the COR contract, and will be used for the duration of the contract, except for inflationary adjustments as detailed by subsection 2.5 of this

RFP. Hourly rates shall include billing rates for straight and overtime. Also include a statement as the reimbursable expenses not included in hourly rates. The City will pay for actual travel expenses such as mileage and airline tickets, if applicable.

2) Include a summary of how sub-consultant costs will be passed to the City and any administrative fee that will be required.

Page 9 Request for Proposal

3) Using the example you provided in Section 3B, please provide an example budget or cost estimate to fulfill the task.

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

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:

4.1.1 Cover Letter (Pass/Fail). Failure to provide all the information requested in

3.1A will result in a Fail. Your proposal would be considered non-responsive and would not be considered for further evaluation.

4.1.2 Organization Structure and Approach to Projects. 20 points out of 100 points may be awarded for Organization Structure and Approach to Projects.

Proposers will be evaluated on their approach to typical contracts, presentations and coordination. Proposers will also be evaluated on their ability to provide internal quality control and superior products.

The City seeks to understand the level of anticipated involvement from various staff members, by name and/or title, and the roles each would be expected to serve in project completion. The City also seeks to understand the amount and type of involvement anticipated from the City’s staff to build an effective team.

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

Qualifications of Firm’s Staff.

Page 10 Request for Proposal

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

The firms and individual staff members with the best qualifications and experience will be able to document education, training, and work experience directly related to the process and products described in this RFP. The most successful responses will experience with local governments.

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

Proposers will be evaluated on their response time to the City and their ability to mobilize on short notice.

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

The proposal must include hourly rates for the various classifications of staff anticipated to perform work on project assignments. Firms differ in size and organization. The Proposal should include the hourly rates for staff types of classifications or others typically used in project development. Scenario example submitted.

Once a contract is awarded, the successful consultant will be asked to submit a fee proposal for each specific project or work assignment based on the rates in the original Response. The project proposals will be developed based on the anticipated time required by staff classification plus other items as necessary.

4.1.6 References. 15 points out of 100 points may be awarded for References. Note:

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

Proposer must list at least three 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 Pass/Fail

Organization Structure and Approach to Projects 20

Qualifications of Firm’s Staff 25

Page 11 Request for Proposal

Mobilization 10

Fee Proposal 30

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 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

February 23, 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)

February 12, 2024 .......................................................................... Begin RFP Solicitation

February 23, 2024 at 5:00 PM (local time) .......................... Questions/Clarifications Due

March 8, 2024 at 4:00 PM (local time) ................................................. RFP Closing Date

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

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

July 1, 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), February 23, 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 13 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), February 23, 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), March 8, 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 https://bidlocker.us/a/salem_or/BidLocker

Page 14 Request for Proposal 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 #245002.”

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.

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

Page 15 Request for Proposal

• 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 Courtney Knox Busch. 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 mailto:sself@cityofsalem.net

Page 16 Request for Proposal 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 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 mailto:contracts@cityofsalem.net http://www.cityofsalem.net/

Page 17 Request for Proposal 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.

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.

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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:

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;

Page 19 Request for Proposal

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.

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SECTION 6: AGREEMENT TERMS AND REQUIREMENTS

6.1 Forfeiture of the Agreement

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

Agreement as herein provided.

6.2 Non-Assignment

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

6.3 Liability Insurance

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

The insurance required shall include the following coverages:

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

• Automobile Liability.

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

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

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

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

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

• Successful proposer shall supply an endorsement naming the City, its officers, employees and agents as additional…