245006 RFP Final.pdf

Public Works Department

Watershed Management

Services

RFP NUMBER: 245006

CLOSING DATE: April 19, 2024 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 245006

Watershed Management Services

INTRODUCTION

The City of Salem, hereinafter referred to as “City,” is soliciting proposals from qualified

Proposers for providing watershed management services on a continuing services basis for the categories listed below. This is Qualification Based Selection (QBS) pursuant to ORS 279C.110.

Category # / Category Description

01 BIOLOGICAL AND AQUATIC SERVICES

02 WATERSHED PLANNING/HYDROLOGICAL SERVICES

03 PUBLIC PARTICIPATION/INVOLVEMENT AND RELATIONS SERVICES

04 HABITAT RESTORATION/ENHANCEMENT SERVICES

05 SURFACE WATER/GROUNDWATER INVESTIGATION SERVICES

Interested firms may submit proposals for providing any number of the above stated categories, however, each category shall be proposed separately by naming the file with the category specified.

Proposals will be received until, but not after 4:00 PM (local time), April 19, 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.

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

Page 2 Request for Proposal

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

They must be received no later than April 4, 2024, at 5:00 PM (local time).

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

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

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

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

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

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

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

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

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 20, 2024

REQUEST FOR PROPOSAL NUMBER: 245006

REQUEST FOR PROPOSAL CLOSING: April 19, 2024, at 4:00 PM (Local Time) mailto:sself@cityofsalem.net https://www.cityofsalem.net/Pages/public-records-request.aspx https://www.cityofsalem.net/Pages/equity-and-accessibility.aspx

Page 3 Request for Proposal

RFP #245006

WATERSHED MANAGEMENT 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.

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

1.1 Consultant Services

The City is seeking proposals to hire Consultants of Record (COR) to provide watershed management services on a continuing services basis. Services will be provided under renewable annual contracts with up to a maximum of four (4) additional one (1) year renewal periods. Under these contracts, work will be assigned on a project-by-project basis.

This process will provide the City with another mechanism to procure professional services. Additionally, these services may be used to provide technical expertise not possessed by City staff as needed for various assignments. It is also expected that other

City Departments will use these contracts on a limited basis as approved by the Contract

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

RFP.

1.2 Qualification Based Selection (QBS)

The City, via this competitive RFP process, intends to select up to five (5) Proposers to be named as the Consultants of Record (COR). Salem, in its sole discretion, may select more or fewer Proposers based on the number of Proposals submitted and the results of the evaluations. If the estimated fee of an individual project assignment is under $250,000, the project assignment may be by direct appointment to one of the qualified CORs. The City, in its sole discretion, shall directly appoint the COR that is the most qualified and the best fit for the individual project assignment.

If the estimated fee of an individual project assignment is $250,000 or more, the project assignment shall be done using another formal RFP process outside of this COR process, including advertisement of the RFP.

1.3 No Guarantee

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

Page 4 Request for Proposal

1.4 Project Dollar Limits

The annual contract maximum and individual project maximum dollar limits are shown in the table in Subsection 1.6.

1.5 Rate

The negotiated contracts will include set hourly rate schedules for the term of the contract set by each firm following successful consultant selection.

1.6 Categories and Maximum Contract Amounts

Category of Service

Annual

Contract

Maximum

Individual

Project

Maximum

RFP

Reference

Number

Biological and Aquatic Services $750,000 $250,000 245006-01

Watershed Planning/Hydrological

Services $750,000 $250,000 245006-02

Public Participation/Involvement and

Relations Services $750,000 $250,000 245006-03

Habitat Restoration/Enhancement

Services $750,000 $250,000 245006-04

Surface Water/Groundwater

Investigation Services $750,000 $250,000 245006-05

1.7 Consultant Reimbursable Expenses

See Appendix C for details.

Page 5 Request for Proposal

SECTION 2: SCOPE OF SERVICES

2.1 The CORs shall provide watershed management services on an “assignment by assignment” basis and for a “not to exceed” fee based on negotiations. The City makes no guarantee as to the volume of work, if any, that will be assigned in any given contract year.

Each project assignment will consist of a specific scope of services as described in subsection 2.2. However, services shall include but not be limited to, the general scope as shown in subsection 2.5.

2.2 Assignments for projects with an estimated fee of under $250,000 may be assigned by direct appointment to a qualified COR based on the negotiated scope of services.

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

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

Because of the diverse and complex nature of potential project assignments, use of subconsultants on the project team may be expected. The consultants selected for this

Contract will be responsible for coordinating all work with subconsultants on the project team with minimal involvement from the City.

2.5 GENERAL SCOPE FOR EACH CATEGORY

2.5.1 Category 1: Biological and Aquatic Services

The scope of services for this category is intended to work with City staff, regulatory agencies, and public interests to develop projects, programs, and policies that enhance and protect terrestrial and aquatic habitats and values.

Familiarity and expertise with wetland, aquatic, riparian, and terrestrial natural resources, and regulatory processes associated with Oregon Removal-Fill Law, Oregon fish and wildlife regulations, and federal environmental regulations—such as the Clean Water Act, Endangered Species Act (ESA), and Migratory Bird Treaty Act—is required. Examples of services that may be requested include, but are not limited to the following items:

• Wetland and waters delineations/determinations and functional assessments.

• Botanical surveys, inventories, and protection/salvage of plant materials.

• Fish surveys/fish salvage.

Page 6 Request for Proposal

• Nesting bird surveys and nest protection.

• Endangered species surveys.

• Biological monitoring of sensitive species or habitat before, during, and/or after construction or other potentially disruptive events.

• Pre- and post-project monitoring, analysis, and reporting.

• Stream and riparian area project design, construction, and monitoring with emphasis on bio-engineering design.

• Fish passage barrier assessment, fish passage plans, and fish screen design.

• State and federal permitting for projects.

• Biological assessments/evaluations and conservation planning per ESA.

• Project coordination with state and federal regulatory agencies.

• Habitat restoration, enhancement, conservation, and mitigation planning.

• Restoration and mitigation project design, including preparation of bid-ready documents.

• Personnel and/or contractor training related to regulatory compliance with projects involving work in wetlands and other environmentally sensitive areas.

• GIS analysis, habitat modeling, and mapping.

2.5.2 Category 2: Watershed Planning/Hydrological Services

The scope of services for this category is intended to work with Salem staff, regulatory agencies, and public interests to develop programs or related plans/studies related to watershed analysis and planning. Examples of services requested may include, but are not limited to, the following items:

• Hydraulic/hydrologic/geomorphic analysis and modeling.

• Stormwater basin planning including surveying, modeling, analysis, project identification, project prioritization, and cost estimating.

• GIS analysis and mapping capabilities.

• Watershed, and natural resource policy analysis, review, and development.

• Watershed, and natural resource program analysis, review, and development.

• Strategic planning for natural resource preservation, enhancement, and restoration.

• Grant writing support, including report writing and graphics.

• Design of instream, flood mitigation, and riparian projects intended to preserve, enhance, or restore natural resources, including preparation of reports, plans, specifications, permit applications, and bid-ready documents.

2.5.3 Category 3: Public Participation/Involvement and Relations Services

The scope of services for this category is intended to be focused on public participation/involvement, public relations, and public education about natural resources and Salem’s environmental issues including parks and open space, urban tree canopy, watersheds, water quality, stormwater, pollution prevention, flood risks, climate change/adaptation, and natural resources. Examples of services that may be requested include, but are not limited to the following items:

Page 7 Request for Proposal

• Preparing, conducting, and facilitating public presentations, workshops, and other public events, including events involving elected officials.

• Development of individual, organizational, and corporate incentive programs.

• Graphic art and design for presentation materials including social media and website, multi-media design, and traditional media.

• Funding opportunity research.

• Public survey development, implementation, analysis, and reporting.

• Public outreach development, coordination, and implementation.

• Project and program group facilitation, including meetings, forums, workshops, and focus groups.

• Contractor and personnel training.

• Volunteer training.

• Program/project marketing plans and implementation.

2.5.4 Category 4: Habitat Restoration/Enhancement Services

The scope of services for this category is intended to support implementation of restoration or enhancement projects in a range of aquatic and terrestrial habitats. Experience is required in restoration/enhancement of wetland, aquatic, riparian, floodplain, and terrestrial habitats. Also required is a strong working knowledge of native and invasive plants, restoration methods, and invasive species control. Responsible use of pesticides to control invasive species is a common component of restoration work. Pesticide-related tasks performed under this COR require evidence of appropriate licensing from the Oregon

Department of Agriculture throughout the duration of the contract. Examples of services that may be requested include, but are not limited to, the following items:

• Manual or mechanical site preparation and maintenance.

• Procuring and planting bare root, herbaceous plugs, bulbs/rhizomes, containerized plants, and other nursery stock in a range of conditions.

• Harvesting and installing live stakes and pole cuttings.

• Harvest and/or application of native seed by a variety of methods, such as hand spreading, broadcast, or hydroseeding.

• Invasive plant management using integrated pest management.

• Design and installation of plant protection.

• Loading, hauling, grading, ripping, or removal of soil, rock, debris, wood, or other materials using appropriate equipment to restore hydrology or otherwise prepare restoration site.

• Installation of flora and fauna habitats, such as but not limited to stream, riparian, floodplain, grassland, oak woodland, wetland, and mixed forests.

• Installation of fauna habitat features such as but not limited to turtle basking structures and nesting mounds, beaver dam analogs or coexistence devices, avian and bat platforms, houses, or boxes.

• Placement of large rock boulders or large wood within streams to create fish habitat.

Page 8 Request for Proposal

2.5.5 Category 5: Surface Water/Groundwater Investigation Services

The scope of services for this category is intended to support the City’s groundwater and surface water resources and guide the City in developing and/or acquiring additional resources. Examples of services that may be requested include, but are not limited to, the following items:

• Hydrologic and hydrogeologic analysis and modeling.

• Subsurface investigations related to surface water/ground water interactions.

• Impacts of surface water or ground water diversions on existing or new water rights.

• Water supply policy analysis, review, and development.

• Water supply program analysis, review, and development.

• Hydrologic basin planning, aquifer yield analysis, and quantification of effects from water-use development.

• Peer review of hydrogeologic analyses and model development.

• Well siting and permitting.

Page 9 Request for Proposal

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

3.1 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.

There is a maximum page limit of 20 pages (10 sheets double sided) excluding the one-page cover letter, license(s), and list of references.

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

A. Cover Letter: A cover letter indicating the Proposer’s understanding and compliance of the services as specified in the Section 2, Scope of 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 company name, address, phone number, contact person, and email address.

B. License: Copy of active license to practice the type of engineering services or trade specific licenses, such as pesticide related services, being proposed on per the ORS

672 and ORS 634 (and others applicable to the work).

QUALIFICATIONS AND EXPERIENCE

C. Qualifications and Experience of the Firm: Provide a brief summary of the organization, structure, and size of Proposer. Do not submit subconsultant information. Describe firm’s specific experience in performing the types of work described in the category of services in compliance with Section 2, Scope of

Services. Provide a list of minimum of three and maximum of five projects including description of services provided, year of project, name of project manager, and consultant’s fee for their services.

D. Qualifications and Experience of Key Team Members: Provide resume(s) with qualifications and experience of the individual(s) who will provide services to the

City in compliance with Section 2, Scope of Services (Include any subconsultants).

Identify the location of the office where the individual works. Describe the number of years of experience and summarize the qualifications each person has in performing work substantially the same as the scope of services in this RFP.

Summarize specifically their experience using the City design and construction standards, codes, and policies and procedures. Indicate the percentage of time the individuals would have to devote to the City projects. Describe Proposer’s ability to have key personnel on a project site, or at the City offices, to discuss project issues in a timely manner. Identify the key staff person to be the City’s primary contact for the duration of the annual contract. In addition, identify key staff individuals who will have primary responsibility for the design, or construction, of

Page 10 Request for Proposal all the City projects assigned and ultimate responsibility for the quality control of all work performed.

WORK APPROACH

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

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

RESOURCE ALLOCATION & SUPPORT FROM SALEM STAFF

G. City Staff: Provide a brief summary of how you intend to rely on the City staff to provide the required services.

REFERENCES

H. References: Provide a list of clients with telephone numbers that may be contacted for no more than five projects performed within the last five (5) years by your firm or by the individuals that are closely related to those described in Section 2: Scope of Services.

Page 11 Request for Proposal

SECTION 4: PROPOSAL EVALUATION PROCESS

4.1 Evaluation Process

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

A selection committee, comprised of the City staff, will be used for the purposes of evaluating all responsive proposals received by the closing date and time. The City reserves the right to conduct interviews or ask follow-up questions if, based on the City’s sole determination, they are necessary. If interviews/follow-up questions are conducted, the

Proposers selected will be notified by the City Project Manager and the following shall apply:

• The number of Proposers selected for interviews/follow-up questions is at the sole discretion of the selection committee.

• A minimum of three evaluators shall score the interviews/follow-up questions.

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

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

Each of the criteria listed in Subsection 4.2, Evaluation Criteria will be evaluated by the selection committee for the purpose of ranking proposals, based on how fully each Proposal meets the requirements of the RFP.

Neither the City, nor its agents, shall be responsible for any costs incurred by any Proposer as a result of preparing a proposal or presentation in response to this RFP.

4.2 EVALUATION CRITERIA

The City will evaluate all proposals received using the following criteria:

4.2.1 Cover Letter (Pass/Fail)

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

4.2.2 Copy of active license to practice engineering per ORS 672 and/or ORS 634

(or other applicable license to the work) (Pass/Fail).

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

Page 12 Request for Proposal

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

The selection committee will consider the professional qualifications and capacity of the firm to provide municipal public works services. The firms with the best qualifications and experience that directly relate to the work required herein will obtain higher points than other firms.

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

Members being proposed to perform work on this Agreement.

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

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

4.2.5 Work Approach. 25 points out of 100 points may be awarded for Work

Approach.

The Work Approach item will be evaluated based on the Proposer’s ideas on how to approach a given an assignment in the specific category including philosophy, understanding, anticipated deliverables, potential schedule, quality control process, and potential hurdles or concerns. The more complete the process to be used is described and the more detail the deliverables are given, the higher the number of points.

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

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

Support from the City staff will be evaluated based on how much support a

Proposer anticipates for a typical project assignment. The better the education, training, prior similar experience of Proposer’s, staff the higher the number of points assigned.

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

Page 13 Request for Proposal

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

4.3 CONSULTANT SELECTION AND FEE NEGOTIATIONS

4.3.1 SELECTION

The final recommendation for selection will be made following the review and ranking of the written proposals, and any oral presentations by proposers, if required, by the selection committee. The selection committee shall recommend awarding a contract to the proposer(s) having the best overall qualifications to provide the services as set forth in this RFP.

4.3.2 FEE NEGOTIATIONS FOR PROJECT ASSIGNMENTS

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

Page 14 Request for Proposal

SECTION 5: INFORMATION AND INSTRUCTIONS TO PROPOSERS

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

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

Procurement, by email sself@cityofsalem.net. They must be received no later than April 4, 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)

April 4, 2024, at 5:00 PM .................................................... Questions/Clarifications Due

April 19, 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)

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), April 4, 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 15 Request for Proposal

5.4 Protest of Solicitation Document and the Procurement Process

A prospective proposer may protest the procurement process or the solicitation document for an Agreement. A prospective proposer must deliver a written protest to the Contracts and Procurement Manager (email: sself@cityofsalem.net) no later than 5:00 PM (local time), April 4, 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 19, 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 https://bidlocker.us/a/salem_or/BidLocker

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

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 #245006.”

5.9 Notice to Proceed

The successful proposer(s) may be given ten (10) calendar days to execute the Agreement and return it to the City. Contractual work may not begin until the notice to proceed has been issued. The notice to proceed will be issued after execution of the Agreements by the

City. The notice to proceed will authorize commencement of the work based on the

Agreement.

5.10 Rights of City to Award or Reject Proposals

This RFP does not commit the City to award or enter into an Agreement. Under no circumstances will the City pay the costs incurred in the preparation of a response to this

RFP. The City reserves the right to:

• Accept or reject any or all proposals or any portion thereof received as a result of this

RFP.

• Negotiate with any proposer(s).

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

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

• In determining the most responsive proposer, take into consideration any or all information supplied by the proposer in the proposal and the City’s investigation into the experience of the proposer. In addition, the City may accept or reject proposals mailto:help@equityhub.us https://bidlocker.us/files/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf

Page 17 Request for Proposal based on minor variations from the stated scope of services and when such action is deemed to be in the City’s best interest.

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

• To seek clarifications of each proposal.

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

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

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

5.11 Contract Administrator

The Contract Administrator is Mary Kopp. 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 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.

mailto:contracts@cityofsalem.net

Page 18 Request for Proposal

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

5.15 Acceptance of Proposal Content

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

5.16 Public Records and Confidentiality of Proposal

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

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

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

Records Law, ORS 192.311 through 192.513. The proposer 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 by the successful proposer of the successful proposer's obligations under this Agreement and the Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. (See Appendix B.)

5.18 Discrimination in Subcontracting Prohibited

Proposer agrees not to discriminate against disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, http://www.cityofsalem.net/

Page 19 Request for Proposal or an emerging small business certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110.

5.19 Notice of Intent to Award

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

5.20 Protest of Intent to Award

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

5.23 Statement of Time

A period of time, unless stated as a number of City business days, shall include Saturdays, Sundays, and holidays.

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

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

Page 20 Request for Proposal

5.24 Right to Audit

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

5.25 Accept or Reject Proposals

The City reserves the right to accept or reject any or all proposals in response to this RFP without cause or to delay or cancel this RFP process without liability to the City if the City determines it is in the public interest to do so.

5.26 Additional Information

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

5.27 Right to Modify Process

The City reserves the right to modify the selection process or other aspects of this RFP process at its sole discretion. The Contracts and Procurement Office will take reasonable steps to 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;

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

Page 21 Request for Proposal

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

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

Contracts and Procurement Manager in writing. The Contracts and Procurement Manager shall issue a written decision that states the reason for the action taken and that informs the proposer of the proposer’s appeal rights.

5.29 Proposals submitted by City Employees Prohibited

The City will not purchase any goods or services from City employees unless City Council expressly authorizes the purchase, or the purchase is necessary during a state of emergency and the City Manager approves the purchase.

Page 22 Request for Proposal

SECTION 6: AGREEMENT TERMS AND REQUIREMENTS

6.1 Forfeiture of the Agreement

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

Agreement as herein provided.

6.2 Non-Assignment

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

6.3 Liability Insurance

Successful proposer shall obtain and maintain during the term of…