245054 RFP.pdf

Public Works Department

Consultant of Record (COR) to Provide Wastewater

Collections Engineering and

Pipeline Technical Services on a Continuing Service Basis

RFP NUMBER: 245054

CLOSING DATE: August 16, 2024 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 245054

Consultant of Record (COR) to Provide Wastewater Collections Engineering and Pipeline

Technical Services on a Continuing Service Basis

INTRODUCTION

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

Proposers for providing professional and technical engineering services on a continuing services basis. This is Qualification Based Selection (QBS) pursuant to ORS 279C.110.

This is a QBS process where the City intends to select a group of firms for wastewater collections projects, studies, and pipeline technical support. This will be accomplished by establishing a list of pre-qualified engineering firms to provide the required Wastewater Collections Engineering and

Pipeline Technical Services. The actual number of firms selected will depend on upon the qualifications of those responding to this RFP.

The intent of this RFP is to pre-qualify engineering firms as resources that the City, at its sole discretion, can select from to provide wastewater collections engineering and pipeline technical services. Assignments can range from wastewater collections system planning and modeling, operation and maintenance planning and pipeline technical support, inflow and infiltration studies, trenchless rehabilitation technical support, code and standards updates, and other engineering and technical support for Salem’s wastewater collections system. Projects may be numerous throughout the year, or no assignments may be made at all. Therefore, the City will consider small, as well as large, firms for these contracts. The City also reserves the right to use other means of procurement (such as individual formal RFPs) at its sole discretion.

Proposals will be received until, but not after 4:00 PM (local time), August 16, 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.

https://bidlocker.us/a/salem_or/BidLocker mailto:help@equityhub.us

Page 2 Request for Proposal

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

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

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

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

They must be received no later than August 2, 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.

https://bidlocker.us/files/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/ https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml mailto:sself@cityofsalem.net https://www.cityofsalem.net/Pages/public-records-request.aspx https://www.cityofsalem.net/Pages/equity-and-accessibility.aspx mailto:sself@cityofsalem.net

Page 3 Request for Proposal

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: July 19, 2024

REQUEST FOR PROPOSAL NUMBER: 245054

REQUEST FOR PROPOSAL CLOSING: August 16, 2024, at 4:00 PM (Local Time)

Page 4 Request for Proposal

RFP No. 245054

Consultant of Record (COR) to Provide Wastewater Collections Engineering and Pipeline

Technical Services on a Continuing Service Basis

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 professional and technical engineering 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.

The intent of this RFP is to pre-qualify engineering firms as resources that the City, at its sole discretion, can select from to provide wastewater collections engineering and technical services. Projects may be numerous throughout the year, or no assignments may be made at all. Therefore, the City will consider small, as well as large, firms for these contracts.

The City also reserves the right to use other means of procurement (such as individual formal RFPs) at its sole discretion.

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 exceeds $250,000 the project assignment shall be done using another formal RFP process outside of this COR process, including advertisement of the RFP.

Page 5 Request for Proposal

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.

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

Wastewater Collections Engineering and Pipeline Technical Services $750,000 $250,000 245054

1.7 Consultant Reimbursable Expenses

See Appendix C for details.

Page 6 Request for Proposal

SECTION 2: SCOPE OF REQUESTED SERVICES

2.1 The CORs shall provide general professional project 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. The City may make project assignments based on written, signed project proposals received after the City’s issuance of an informal RFP to CORs. All project proposals shall be delivered to the City within five (5) City business days after issuance of the informal RFP unless otherwise specified in the informal RFP. All project proposals shall include, at a minimum, the following: all key resources the Proposer will commit to the project, the availability of those key resources and the Proposer’s schedule for completion of the project. The City reserves the right to request any additional information it deems relevant, in its sole discretion, to a specific project in its informal RFP.

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.

2.5 GENERAL SCOPE

Perform wastewater collections systems engineering and pipeline technical services including, but not limited to, flow monitor analysis, hydraulic modeling, system planning, sewer inflow and infiltration (I & I) studies and analysis, code and standards updates, and development of wastewater collections system operations and maintenance plans. Provide consultation, analysis, and technical support for operation of the collections system, development services, long and short-term planning, maintenance activities, asset condition assessments, and trenchless pipe rehabilitation and replacement for wastewater collections, storm drain, and water distribution utilities. Provide quality control review of wastewater collections studies and planning documents by City staff and other consultants.

Provide services for wastewater collections system project development, preliminary design, and preparation of bid documents for City projects. Provide construction period support services and specialty inspection services as may be required for projects.

Page 7 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 of the services as specified in Section 2, Scope of Services. 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 being proposed on per ORS 672.

QUALIFICATIONS AND EXPERIENCE

C. Brief summary of the organization, structure, and size of Proposer. Do not submit subconsultant information.

D. A summary identifying specific individuals within the firm who will provide the needed services to the City. Identify the location of the office where the individual works. Describe the number of years of experience each person has related specifically to scope of services required by this RFP. Summarize their qualifications to provide these services to the City (See Section 2.5) including education, special training, and relevant certifications. Identify the key staff person to be the City’s primary contact for the duration of the annual contract. Provide a list of minimum of three and maximum of five projects including description of services provided, year of project, roles of key staff, name of client, and consultant’s fee for their services.

WORK PRODUCT

E. Describe Proposer’s approaches to possible project assignments within the scope of services (See Section 2.5) and anticipated deliverables related thereto.

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

RESOURCE ALLOCATION & SUPPORT FROM SALEM STAFF

G. Describe Proposer’s ability to quickly respond to the City’s needs. Specifically address how staff will be mobilized with limited notice to provide these services.

H. A summary of how Proposer intends to rely on the City staff when providing the

Page 8 Request for Proposal required services.

REFERENCES

I. 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 the scope of services described in Section

3.1D above.

Page 9 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 50 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)

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 (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.

4.2.3 Qualifications and Experience of Firm. 20 points out of 100 points may be

Page 10 Request for Proposal awarded for Qualifications and Experience of Firm.

The selection committee will consider the professional qualifications and capacity of the firm to provide the scope of 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. 40 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 Engineer, Associate Engineer, 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 Product. 20 points out of 100 points may be awarded for Work Product.

The Work Product item will be evaluated based on the Proposer’s ability to provide quality control and ideas on how to approach a specific project assignment and anticipated deliverables related thereto. 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. 10 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.

4.2.7 References. 10 points out of 100 points may be awarded for References.

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.

Page 11 Request for Proposal

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

August 2, 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)

July 19, 2024 .................................................................................. Begin RFP Solicitation

August 2, 2024, at 5:00 PM (local time) .............................. Questions/Clarifications Due

August 16, 2024, at 4:00 PM (local time) ............................................. RFP Closing Date

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

October 2024 .......................................................... Agreement Award (Anticipated Date)

November 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), August 2, 2024. The request shall include the proposed change and the reason for the change. Protest against award based on the scope of services or other content of this RFP will not be considered after this time.

Changes to this RFP document shall only be by written addenda.

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

OregonBuys.

mailto:sself@cityofsalem.net

Page 13 Request for Proposal

5.4 Protest of Solicitation Document and the Procurement Process

A prospective proposer may protest the procurement process or the solicitation document for an Agreement. A prospective proposer must deliver a written protest to the Contracts and Procurement Manager (email: sself@cityofsalem.net) no later than 5:00 PM (local time), August 2, 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), August 16, 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 14 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 245054.

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 15 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 16 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 17 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 18 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 19 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 20 Request for Proposal

SECTION 6: AGREEMENT TERMS AND REQUIREMENTS

6.1 Forfeiture of the Agreement

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

Agreement as herein provided.

6.2 Non-Assignment

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

6.3 Liability Insurance

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

The insurance required shall include the following 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.

Page 21 Request for Proposal

6.5 Workers’ Compensation Law

All subject employers working under an awarded Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. Proof of compliance will be required prior to Agreement execution. (See Appendix A)

6.6 Laws of the State of Oregon

By submitting a proposal in response to this RFP, proposer(s) agree that any terms and conditions stated within any agreement that is awarded as a result of this solicitation shall also include the following laws of the State of Oregon are hereby incorporated by reference into the Agreement: ORS 279C.505, 279C.515, 279C.520 and 279C.530.

Any Agreements awarded and/or purchase order issued as a result of this RFP shall be governed by the laws of the State of Oregon without regard to conflict of laws principles.

Exclusive venue for litigation of any action arising under the Agreement shall be in the

Circuit Court of the State of Oregon for Marion County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed, or its venue transferred, as appropriate, so as to effectuate this choice of venue.

6.7 Successful Proposer’s Compliance with Tax Laws

Successful proposer represents and warrants to the City that:

1. Successful proposer shall, throughout the term of this Agreement, including any extensions hereof, comply with:

A. All tax laws of the State of Oregon, including but not limited to ORS 305.620 and

ORS chapters 316, 317, and 318;

B. Any tax provisions imposed by a political subdivision of the State of Oregon applicable to successful proposer; and

C. Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.

2. If applicable, the successful proposer, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with:

A. All tax laws of the State of Oregon, including but not limited to ORS 305.620 and

ORS chapters 316, 317, and 318;

B. Any tax provisions imposed by a political subdivision of the State of Oregon applicable to successful proposer; and

C. Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions.

Successful proposer’s failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of successful proposer’s warranty, as set forth in this Article, shall constitute a material breach of this Agreement.

Any material breach of this Agreement shall entitle the City to terminate this Agreement

Page 22 Request for Proposal and to seek damages and any other relief available under this Agreement, at law, or in equity.

Any Work delivered to the City under this Agreement shall be provided to the City free and clear of any and all restrictions on or conditions of its use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind.

6.8 Agreement Term

The Agreement shall commence on contract…