245009 RFP.pdf

Public Works Department

Operations Division

Monitoring Systems

Engineering and Hydro-

Meteorological Monitoring

Systems Engineering

RFP NUMBER: 245009

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

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 245009

Monitoring Systems Engineering and Hydro-Meteorological Monitoring Systems

Engineering

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is seeking proposals from qualified proposers for providing Monitoring Systems Engineering and Hydro-Meteorological Monitoring Systems

Engineering on a continuing services basis for the following categories. Note: This is a

Qualifications Based Selection (QBS) pursuant to ORS 279C.110.

Categories

01 MONITORING SYSTEMS ENGINEERING

02 HYDRO-METEOROLOGICAL MONITORING SYSTEMS ENGINEERING

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/Vendor%20Guide%20-%20Bid%20Locker%20Base.pdf https://bidlocker.us/files/Vendor%20Guide%20-%20Bid%20Locker%20Base.pdf https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/ https://oregonbuys.gov/bso/view/login/login.xhtml

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 5, 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 Public Records Request |

Salem, Oregon (cityofsalem.net).

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

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

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

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

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

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

The City is an Equal Employment Opportunity employer.

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

The City operates and maintains Americans with Disabilities Act compliant facilities.

Reasonable accommodations are available upon request.

Shawna Self, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: March 20, 2024

REQUEST FOR PROPOSAL NUMBER: 245009

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

Page 3 Request for Proposal

RFP # 245009

Monitoring Systems Engineering and Hydro-Meteorological Monitoring Systems

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 Monitoring

Systems Engineering and Hydro-Meteorological Monitoring Systems Engineering 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 $125,000, 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.

1.3 No Guarantee

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

1.4 Project Dollar Limits

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

Page 4 Request for Proposal

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

Scope of

Services

Section Category of Service

Annual

Contract

Maximum

Individual

Project

Maximum

RFP

Reference

Number

2.5.1

Monitoring Systems

$500,000.00 $125,000.00 245009-01

2.5.2

Hydro-

Meteorological

Monitoring Systems

$500,000.00 $125,000.00 245009-02

1.7 Consultant Reimbursable Expenses

See Appendix C for details.

SECTION 2: SCOPE OF REQUESTED SERVICES

2.1 General Information

The COR shall provide technical 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.

Generally, services shall include but not be limited to, the general scope as shown in

Subsection 2.5.

2.2 Project Assignment

The COR shall deliver a written, signed project proposal within forty-eight (48) hours, (or as otherwise required by the City’s Contract Administrator), following the City’s verbal or written request for a specific project assignment. If the project assignment is refused by the

COR, or not responded to within the time frame specified, the City will offer the project assignment to the next COR on the rotation list most familiar with the project or whose skills most closely relate to the demands of the project.

The project proposal shall include a detailed description of the scope of the review and breakdown of the hours required for the review utilizing the hourly rates as referenced in this RFP. The proposal shall also include a schedule of work required to complete the review 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 another

Page 5 Request for Proposal

COR or use another method to procure the services.

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

2.3 Consultant’s Contact 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.

2.4 Subconsultants

Because of the diverse and complex nature of potential project assignments, utilization 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

Work on the City’s Continuous Instream Monitoring System requires distinct skill sets that will be shared between two COR’s, Monitoring Systems Engineering and Hydro-

Meteorological Monitoring Systems Engineering. The two COR’s must work in collaboration to keep the system running as a whole; however, duties for each contract have been clearly divided between stage/flow-related work (Hydro-Meteorological Monitoring

Systems Engineering, as described below), and water quality and system programming-related work (Monitoring Systems Engineering, as described below.)

2.5.1 Category 1: Monitoring Systems Engineering

The COR for this category is expected to perform engineering, design, equipment purchase, installation services, programming and technical support for the City’s continuous instream monitoring system, including, but not limited to, project development, engineering analysis, preliminary and/or final design, system engineering/integration, and database and application programming. Additionally, the COR shall provide system design documents as well as operations and maintenance training for the City personnel as needed.

Scope shall include, but not be limited to, automated monitoring and data acquisition systems, system programming and integration, and data management as it relates to the City’s continuous instream monitoring system. Monitoring system

Page 6 Request for Proposal implementations will be based on a formal process that includes: need assessments, system design and project memorandum, instrumentation system design, data collection needs, and data management needs. The COR will be responsible to provide, or arrange to get, all tools and equipment necessary to complete the project. The COR shall also be responsible to provide laboratory and/or bench testing of all equipment before field installation is performed.

Utilization of sub consultants and/or subcontractors, and equipment suppliers on a limited basis is acceptable; however, the intent is for the City to have a resource available in the form of a COR that has a broad base of technical expertise and the resources to design, install, program, and maintain the systems in-house. This arrangement will limit the exposure of the City to excess coordination for various project tasks. It is the intent of the City not to enter into an arrangement with a product vendor unless that vendor maintains the design, engineering and installation expertise necessary to complete the entire project and has the ability to provide equipment from any vendor that meets the City’s needs.

The City may give preference to contract applicants demonstrating familiarity with the following software, hardware, and equipment:

• Campbell Scientific dataloggers

• Loggernet software

• Aquarius Time Series Database

• In-Situ Multi-parameter Datasondes

• YSI Multi-parameter Datasondes

• ISCO 3700 and 6712 composite samplers

• Submersible Pressure Transducers, Velocity/Stage Sensors, and

Bubbler/Pressure Sensors

• Cell Modem, Radio and/or GOES satellite systems for data telemetry

• Rain gauging equipment

Examples of typical project assignments include:

Continuous Instream Monitoring Stations: A network of 10 (with the potential for more in the future) water quality and stream gauging stations, and 5 stream gauging only stations currently existing along 7 different streams within Salem city limits.

An additional 4 gauging stations exist outside City limits, and 17 total rain gauges.

Each monitoring station collects depth (stage) data, and the stations with water quality instrumentation also collect turbidity, pH, dissolved oxygen, specific conductivity, and water temperature data. In addition, these stations have been designed to accommodate a portable flow paced sampler to collect instream samples during illicit discharges (alarm based) and to meet NPDES MS4 permit monitoring requirements.

Each station collects and transmits data via radio telemetry to the City Shops

Page 7 Request for Proposal complex every 5 minutes. This data is automatically stored on a SQL server and user database. Advanced alarm programming logic alerts the City staff to abnormal changes or level exceedances in water quality and stage height 24 hours a day.

The COR will be responsible for the continued design, installation, and programming of additional stations if funding to install more stations become available. The COR will be tasked with maintaining the integrity of the existing continuous monitoring stations and integrated system, and must be able to trouble shoot and repair any and all problems with the system in its entirety including the stations and instrumentation/equipment, telemetry system, the automated data acquisition system, servers, and database. The consultant will work with the COR for Hydro-Meteorological Monitoring Systems Engineering to resolve any issues related to stage measurement equipment.

2.5.2 Category 2: Hydro-Meteorological Monitoring Systems Engineering

The COR for this category is expected to perform engineering, design, equipment purchase, installation services, instrument programming, and technical support for stage/flow portion of the continuous instream monitoring system, including but not limited to, project development, preliminary and/or final design, system engineering/integration, data analysis, surveying, and modeling/forecasting work.

Additionally, the COR shall provide system design documents as well as operations and maintenance training for the City personnel as needed.

Scope shall include, but not be limited to, any and all work relating to the installation and maintenance of a stream gauging station and automated monitoring and data acquisition systems, system programming, and data management as it relates to the City’s current continuous instream monitoring system. Monitoring system implementations will be based on a formal process that includes: need assessments, system design and project memorandum, data collection needs, data management, and analytical needs. The COR will be responsible to provide, or make arrangements to get, all tools and equipment to perform the installation of the project components depending on the assignment. The COR shall also be responsible to provide laboratory and/or bench testing of all equipment before field installation is performed.

Utilization of sub consultants and/or subcontractors, and equipment suppliers on a limited basis is acceptable; however, the intent is for the City to have a resource available in the form of a COR that has a broad base of technical expertise and the resources to design, install, program, and maintain the systems in-house. This arrangement will limit the exposure of the City to excess coordination for various project tasks. It is the intent of the City not to enter into an arrangement with a product vendor unless that vendor maintains the design, engineering and

Page 8 Request for Proposal installation expertise necessary to complete the entire project and has the ability to provide equipment from any vendor that meets the City’s needs.

The City may give preference to Proposers demonstrating familiarity with the following equipment:

• Submersible Pressure Transducers, Velocity/Stage Sensors, and

Bubbler/Pressure Sensors

• Cell Modem, Radio and/or GOES satellite systems for data telemetry

• Rating Curve development software

• Rain gauging equipment

Examples of typical project assignments include:

Continuous Stream Gauging Stations: A network of 15 continuous stream gauging stations collect depth (stage) data along 7 different streams within Salem city limits, and 4 gauging stations outside City limits. The City also maintains 17 near real-time rain gauges. Each station collects and transmits data via radio telemetry to the

City’s Shops Complex every five minutes. This data is automatically stored on a

SQL server and user database. Advanced alarm programming logic alerts the City staff to abnormal changes or level exceedances in stage height 24 hours a day.

The consultant will be responsible for the continued design, installation, and programming of additional stream gauging stations if funding to install more stations becomes available. The consultant will be tasked with maintaining the integrity of the existing continuous instream monitoring system and integrated system, and must be able to trouble shoot and repair problems with the system in its entirety, specifically equipment used for collecting stage data. The consultant will work with the COR for Monitoring Systems Engineering to resolve any issues related to system integration or water quality instrumentation.

Page 9 Request for Proposal

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

Organization of the Proposal

Proposers must organize and present their proposal materials in the same order as presented below, and include page numbers. Proposals received without following this format, or received after the deadline and stated place of delivery, may be rejected as non-responsive.

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

Services, to be performed and the approach to provide these services to meet the needs of the City. Signatory of this letter shall be authorized to contractually bind you to a contract with the City. Include your company name, address, phone number, contact name, email address.

B. Organization, Size, and Structure of Proposer: Brief summary of your organization, organizational structure, and description of how projects are managed to meet project requirements and timelines. Provide a statement of the ability of your firm to quickly respond to the City’s needs.

C. Qualifications and Experience of Consultant’s Staff: 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 Requested Services. If using sub-consultants, provide resume(s) of who will be providing services to the City.

Describe specifically the number of years of experience they have in performing work substantially the same as that needed by the City and summarize their qualifications. Indicate the percentage of time the individuals would have to devote to the City projects.

D. MS4 Experience: Provide a brief summary of your organization’s experience with

NPDES MS4 permits or other related projects/studies.

E. References: A list of clients with telephone numbers that may be contacted for no more than 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

Requested Services.

Page 10 Request for Proposal

SECTION 4 PROPOSAL EVALUATION CRITERIA AND SELECTION 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 Salem, 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)

4.2.2 Organization, size, and structure of proposer. 20 points out of 100 points may be awarded.

4.2.3 Qualifications and experience of Consultant’s staff who will be assigned to this contract. 50 points out of 100 points may be awarded.

4.2.4 MS4 Experience. 10 points out of 100 point may be awarded.

4.2.5 References. 20 points out of 100 points may be awarded.

Page 11 Request for Proposal

Evaluation Criteria Maximum Points

Cover letter Pass/Fail

Organization, Size, and Structure of Proposer 20

Qualifications and Experience of Consultant’s Staff 50

MS4 Experience 10

References 20

Total Maximum Points Possible 100

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 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 April 5, 2024, at 5:00 PM (local time). There is no fee for filing objections to or comments on RFP specifications of this non-protest nature.

5.1 Anticipated Schedule (subject to change)

March 20, 2024 .............................................................................. Begin RFP Solicitation

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

April 19, 2024 at 4:00 PM (local time) ................................................. RFP Closing Date

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

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 5, 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.

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), April 5, 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

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

Page 14 Request for Proposal

City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each

Proposal is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

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

Need Help?

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

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

5.7 Response Date

Delivery in the manner stated herein and completeness of submittals as required by this

RFP shall be solely the responsibility of the proposer(s). Submission of proposals or additional information offered after the closing date and time shall not be accepted or considered.

5.8 Withdrawal of Proposal

Proposer(s) may withdraw their proposal, by written notice submitted on the proposer's letterhead, signed by the proposer's authorized representative, delivered to the Contracts and Procurement Office by email at contracts@cityofsalem.net. To be effective, the withdrawal must be received prior to closing date and time. The proposer shall mark a written request to withdraw its proposal as follows: “Proposal Withdrawal - RFP #245009.”

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/Vendor%20Guide%20-%20Bid%20Locker%20Base.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 Nitin Joshi. 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) mailto:sself@cityofsalem.net

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

Page 17 Request for Proposal 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.

5.23 Statement of Time

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

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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;

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;

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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 insureds within sixty (60) days of the Effective

Date of the Agreement; and

• Be evidenced by a certificate or certificates of such insurance approved by the City.

6.4 Errors and Omissions

Successful proposer shall carry Errors and Omissions (professional liability) insurance coverage with combined single limits of not less than $2,000,000 (two million dollars).

Successful proposer shall furnish evidence of such coverage through a certificate of insurance in a form acceptable to the City.

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6.5 Workers’ Compensation Law

All…