256118 RFP.pdf

PUBLIC WORKS DEPARTMENT

Public Art for the Salem Civic

Center Improvement Project

RFP NUMBER: 256118

CLOSING DATE: March 24, 2026 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 256118

Public Art for the Salem Civic Center Improvement Project

INTRODUCTION

The City of Salem, hereinafter referred to as “City”, is seeking qualifications and proposals (if selected) from artists or artist-led teams to develop artwork for the Salem Civic Center

Improvement Project “the Project”. The selection process includes Phase 1, Submission of

Qualifications and Phase 2, Art Proposal with Interview. This is an opportunity to provide either two-dimensional or three-dimensional artwork. The committee for this project has identified two potential locations for site specific artwork within the covered atrium area of City Hall.

Proposals will be received until, but not after 4:00 p.m. (local time), March 24, 2026. Proposals will only be accepted electronically through Equity Hub’s Bid Locker.

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. Submissions shall be in PDF file format.

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.

Minimum system requirements: Google Chrome, Firefox, Safari, or Vivaldi. Javascript must be enabled. Browser cookies must be enabled.

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://protect.checkpoint.com/v2/r01/___https:/bidlocker.us/a/salem_or/BidLocker___.YXAzOmhhY2tlcmFyY2hpdGVjdHNpbmM6YzpvOjAyMDc4NDNhNGVmYjU2Mzg1YjA1ODQ1MTcwYmEwMTExOjc6NzJlNjozMzgxZDhiNWQ4YWJjZDg3ZWQxMmJkYzc5ZmY3ZDYzMmVjY2Q3ODA2YWZjNGQ3YmVlMjlhOGJiZjVjNThjNTc3OnA6VDpG mailto:help@equityhub.us https://protect.checkpoint.com/v2/r01/___https:/bidlocker.us/files/Bid%20Locker%20Vendor%20Guide%20-%20Nov%202020.pdf___.YXAzOmhhY2tlcmFyY2hpdGVjdHNpbmM6YzpvOjAyMDc4NDNhNGVmYjU2Mzg1YjA1ODQ1MTcwYmEwMTExOjc6ZWFlNjpjZjlkZDZhZTdlOWNhYzBlZDMyMjFlOTFkZmUzZTQ3MzQ2MGE0NWZiNzA3MDBiNzNkYWZiZjk5MTZlYmU4YjgwOnA6VDpG

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 March 11, 2026, 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.

The City is an Equal Employment Opportunity employer.

Questions regarding the City’s RFP process may be addressed to Shawna Self, NIGP-CPP, 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 accommodation is available upon request.

Shawna Self, NIGP-CPP, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: February 24, 2026

REQUEST FOR PROPOSAL NUMBER: 256118

REQUEST FOR PROPOSAL CLOSING: March 24, 2026, at 4:00 pm (Local Time) mailto:sself@cityofsalem.net

Page 3 Request for Proposal

RFP #256118

Public Art for the Salem Civic Center Improvement Project

The City of Salem (“City”) is a municipal corporation serving a community with a population of approximately 181,000. 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

In November 2022, Salem residents approved a $300 million community improvement bond. This bond included $39.4 million for seismic, system improvements, and accessibility upgrades to the

Salem Civic Center. Design of the project began in 2024, and occupancy of the improved facility is planned to occur by spring 2027.

Project Team:

Howard S. Wright has been selected as the Design Build Contractor for the project. They have partnered with Hacker Architects, KPFF, and CB|Two to provide full-service design and construction of the renovation. The City of Salem’s primary project representatives are the City of

Salem Project Manager and Compass Project Solutions Owner’s Representative. The successful proposer will report to the City Project Manager and Owner’s Representative.

Salem Civic Center History:

Prior to its current location, Salem’s City Hall occupied a downtown corner on Chemeketa and

High Streets. In 1968, Salem residents approved a construction bond for a new Civic Center campus, to meet expanding needs. Occupying the top of the hillside Civic Center site between

Liberty and Commercial Street, the new Civic Center opened its doors in 1972. The three-story

Brutalist style structure was designed with a community-center approach and with built-in flexibility in anticipation of changing technology. Designed by architectural firm Payne, Settecase and Smith, the complex, including Central Fire Station No.1, Mirror Pond, Pringle Creek, the City

Hall Parking Garage, City Hall (including the City Council Chambers) and the Plaza Fountain are contributing resources of the almost 13-acre site, which has been placed on the Salem Civic Center

Historic District for the National Register of Historic Places .

Overall Salem Civic Center Project Framework:

Civic Construction Project Vision Statement:

A resilient, secure, and welcoming environment that empowers people through accessibility, innovation, and a modern workplace culture.

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Page 4 Request for Proposal

Civic Construction Project Principles:

• Resilient, Safe, Sustainable

• Inviting and Accessible for the Public

• A 21st Century Workspace

Civic Construction Project Renovation Goals:

• Work with the elements and honor the structure

• Improve connection through signage, circulation, and clear service points

• Interior – Welcoming, light, flexible, breaking silos, functional and durable, cohesive community, culture of wellness

Goals for the Public Art portion of the project:

Enrich the built environment of the overall Civic Center campus and the surrounding community

• Create elements that encourage social connection and interaction

• Add visual interest in a monochromatic indoor/outdoor space

• Contribute to a welcoming atmosphere for workers and visitors

Art Design Guidelines:

The Salem Public Art Commission envisions that new art will reflect and echo the key themes underlying the public’s use of Civic Center. Broad topics might include:

• Civic engagement and discourse

• Openness and transparency

• Resilience

• Salem’s seat of government, public involvement, community, and service

• Salem’s position as Oregon’s State Capital.

The selected artwork(s) should enhance the monumentality of the brutalist architectural experience, creating a meaningful interaction between the structure and its environment:

• Have physical impact given the monumentality of the structure and space which is a work of art in itself

• Reflect that works will be visible from multiple vantage points, including in direct view of the entrance to the Salem City Council Chamber

• Acknowledge aspects of the brutalist architecture, aesthetically and historically

• Project a positive, uplifting experience of civic engagement, resilience and community

• Activate/enliven the space in a big way – through color or possible movement

Two locations for artwork have been identified. Both are in the Atrium of the City Hall. The space is covered with glass skylights but open to the outdoors at all times. Any art must withstand temperature and humidity fluctuations.

• Art Location 1 (As shown on pages 6-9 of this document)

Wall mounted work for Atrium south twin vertical concrete walls flanking elevator towers.

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Dimensions/Restrictions: (2) 8’-0” wide by 30’ tall concrete walls at the elevator core.

Anticipated weight of any proposed artwork to be verified by structural engineer.

Art will need to be secured in place with engineered attachments.

• Art Location 2 (As shown on pages 6-9 of this document)

Free standing sculpture. Dimensions/Restrictions: 16’x16’ elevated platform. Max weight cannot exceed 6000lbs. Art will need to be anchored in place with engineered attachments.

The atrium is one of the largest indoor/outdoor spaces in the City of Salem. Art must be designed and constructed with safety, security, durability, and vandal resistance in mind.

The selected artist shall be responsible for the installation of completed works of art, including engineering attachments of art to the proposed art location.

The Artist shall be responsible for any lighting integration or electrical cost for routing and extending circuits to the completed and installed artwork.

SECTION 2: SCOPE OF REQUESTED SERVICES

Budget:

A total of approximately $130,000 is available for this opportunity including design, artist(s)’s fees, fabrication, transportation, installation, permits and documentation including photography of the completed and installed art. The final scope and budget will be negotiated with the successful proposer(s).

Project Schedule: The design and integration of the art will be coordinated with the design-build team, immediately following selection. The approximate installation period for the art will be

January – February 2027.

Current project plans and renderings and the potential locations for the site-specific commission are provided below.

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Page 9 Request for Proposal

Note: Successful artist(s) will likely be installing the completed work(s) of art within an active construction jobsite under the control of the City of Salem’s contractor. Therefore, the successful

Page 10 Request for Proposal artist(s) must comply with any specific jobsite safety and security requirements of the general contractor in addition to Oregon OSHA requirements.

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

3.1 Organization of the Phase 1 Qualification Proposal

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

A. Artist Statement of Interest: Outline your interest in this opportunity and confirm your availability to meet the desired schedule within the budget. The Artist Statement of Interest will assist the selection panel in understanding your perspective on approaching a project of this nature, and your perspective on the potential of this commission. Include your name, address, phone number, and email address. Please address the following in your statement (3500-character maximum):

a. What specifically interests you about this project?

b. What unique perspective and/or experience do you bring to the project?

c. What is your experience in public art and collaborating with clients and communities?

d. Describe any connections you have to the Pacific Northwest region (Oregon, Washington, Idaho, California, Montana, and Alaska).

B. Résumé and References: Submission shall include a current résumé that outlines your professional accomplishments as an artist (maximum of 5000 characters/equivalent of two pages; if a team, then 5000 character maximum for each team member.) Artist references shall include at a minimum: Previously completed Project Name, Project

Scope, Project Cost, and Client Names and Contact information.

C. Images of Past Work: Submission must include no more than 10 visual representations of past artwork that demonstrate your qualifications for this project.

Images from prior proposed but not realized projects may be submitted but should be clearly marked as such and are limited to two images.

D. Descriptions of Past Work shown in submitted images: Submission must include a list of the submitted project images with descriptions that clearly explain both the projects and images. Each image must include the following information: a) title; b) date of completion; c) location; d) dimensions; e) description of significant materials;

f) budget; and g) brief description of artist’s concept. If you were a member of a team or otherwise worked with other artists on a project you are submitting for consideration, please clearly state your actual role in the creation of the work.

3.2 Interview Selection

A Selection Committee made up of a design team representative, City of Salem representative, Salem Public Works representative, and three members of the City of Salem

Public Art Commission will evaluate the proposals. Additional advisors to the selection committee may include a construction team representative, other City of Salem Project

Page 11 Request for Proposal

Team representatives, and other Salem Public Art Commissioners.

The Selection Committee may select up to ten (10) artists for a conceptual design contract.

The City will provide selected artists a $750 stipend for development of their concept for the public art, which will be presented in the Interview Phase.

The Proposers selected for interviews will be notified by the City Contract Administrator and the following shall apply:

• The number of Proposers selected for interviews is at the sole discretion of the

Selection Committee.

• Proposers will present their conceptual design at the interview followed by a question-and-answer discussion with the Selection Committee.

• Finalists should be prepared to present their designs including materials used, conceptual rendering, narrative description and how the artwork meets selection criteria.

• Interviews may be in person at City offices or virtual. Further details will be included with notification of time and date of interviews.

Promptly following notice of selection, each selected artist will be given the opportunity to meet with the Selection Committee, review project drawings and possibly participate in a real or virtual site visit (pending construction constraints) to gain a better understanding of the project.

SECTION 4 PROPOSAL EVALUATION CRITERIA AND SELECTION PROCESS

4.1 Phase 1 – Qualifications Evaluation Criteria

In addition to the submitted information, the City reserves the right to use any information that it is aware of, independent of the submitted proposals, in determining consideration of contract award.

The City will not pay for any costs incurred by Proposer in responding to the Phase 1 –

Qualifications portion of this RFQ.

Evaluation criteria for Phase 1 – Qualifications:

A. Artist Statement of Interest: Proposers will be evaluated on their approach to the project as well as what qualifications they possess that makes them the right artist for this project.

B. Résumé and References: Proposers will be evaluated on the breadth of their experience and their professional accomplishments. References will be evaluated based on the extent of the depth of the artists past work: the strength of the concept, vision and craftsmanship of past work, and whether it is of exceptional quality and enduring value.

Page 12 Request for Proposal

C. Images of Past Work: Proposers will be evaluated on the compatibility of past work to their sites. Work that demonstrates whether the work of art enriches the architectural, historical, geographical and/or socio-cultural context of the site.

D. Descriptions of Past Work: Proposers will be evaluated on the Artist’s background and experience specific to these items:

• Artistic quality of past projects; appropriateness of prior concepts as they relate to the Civic Center project goals and public art opportunity

• Experience, success, and/or interest in creating public artworks

• Demonstrated ability to manage projects on time and on budget

4.2 Phase 2 – Interview Criteria

In reviewing artists’ specific concepts for the Civic Center site, the Selection Committee will apply the City of Salem’s guidelines for art acquisition, including:

A. Artistic Quality: The strength of the concept, vision, and craftsmanship of the work of art and whether it is of exceptional quality and enduring value.

B. Compatibility: Whether the work of art will enrich the architectural, historical, geographical and/or socio-cultural context of the site. Compatibility includes a consideration of media, as well as integration of the work of art into the design or function of the public improvement.

C. Maintenance: The structural and surface soundness of the work of art and its inherent resistance to theft, vandalism, and weathering, and the repair costs that would be necessary to repair damage to or deterioration of the work of art. Whether the work of art requires extraordinary maintenance, including, but not limited to, periodic adjustment, repainting, repair or replacement of moving parts.

D. Public Safety: Whether the work of art would present a safety hazard to the public and meet applicable federal, state and local building codes and regulations.

E. Feasibility: The ability of the artist to successfully complete all aspects of the proposed work.

F. Duplication: Whether the work of art is unique, and, if not, the size of the edition.

G. Cost: Whether the price is fair, and the budget is reasonable to cover the cost of purchase, transportation, documentation, conservation and storage of the work of art. The cost should be commensurate with the importance of the work of art to the public art collection.

Interview 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).

Evaluation Criteria Maximum Points

Artist Statement of Interest 20

Résumé and References 10

Images of Past Work 10

Descriptions of Past Work 10

Phase 2 – Proposal/Interview (if selected) 50

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Total Maximum Points Possible 100

4.3 Selection Process

The Selection Committee will evaluate and rank all qualifying proposals received by the closing date. Interviews will be conducted with the top ranked proposers. The City will negotiate a final agreement with the top proposer with the combined highest ranking or with two proposers with the combined highest ranking for each specific location. If no acceptable arrangements can be made, negotiations with the next highest ranked proposer will occur. Prior to finalizing the agreement, the Selection Committee will present their recommendation of chosen artist(s) to the Salem Public Art Commission for their approval by majority vote of a quorum.

The successful proposer(s) will be required to complete an Agreement in the form of a

Personal Services Agreement (sample included in Appendix A), which will incorporate this RFP and proposer’s response as a part of the Agreement.

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 March

11, 2026, at 5:00 p.m. (local time). There is no fee for filing objections to or comments on

RFP specifications of this non-protest nature.

5.1 Anticipated Schedule (subject to change)

February 24, 2026 .......................................................................... Begin RFP Solicitation

March 11, 2026 at 5:00 PM (local time) .............................. Questions/Clarifications Due

March 24, 2026 at 4:00 PM (local time) ............................................... RFP Closing Date

April 7, 2026 .......................................................................... Interview Finalists Selected

May 19, 2026 ............................................................................. Concepts Due/Interviews

May 26, 2026 ......................................................... Notice of Intent to Award Agreement

June 5, 2026 ............................................................ Agreement Award (Anticipated Date)

June 12, 2026 ......................................................................................... 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.

Page 14 Request for Proposal

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 p.m. (local time), March 11, 2026. 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.

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 p.m. (local time), March 11, 2026. 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.

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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 p.m. (local time), March 24, 2026.

Proposals will only be accepted electronically through Equity Hub’s Bid Locker.

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.

Minimum system requirements: Google Chrome, Firefox, Safari, or Vivaldi. Javascript must be enabled. Browser cookies must be enabled.

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.

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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 #256118.”

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 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.

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5.11 Contract Administrator

The Contract Administrator is Aaron Kimsey, PE, Assistant City Engineer. 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 addenda 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.

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

Page 18 Request for Proposal

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 Head.

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, 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 https://protect.checkpoint.com/v2/r01/___http:/www.cityofsalem.net___.YXAzOmhhY2tlcmFyY2hpdGVjdHNpbmM6YzpvOjAyMDc4NDNhNGVmYjU2Mzg1YjA1ODQ1MTcwYmEwMTExOjc6MzFmZDozM2YwYmRmZGI0MTYzODQ5YmY4MjExMTE5ODIwZWQyNDM4MmY4NGE5Njg5YmI4NzA5NWRlMmQxNmU5YWU4NDc2OnA6VDpG

Page 19 Request for Proposal 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.

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.

Page 20 Request for Proposal

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

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

Page 21 Request for Proposal shall issue a written decision that states the reason for the action taken and that informs the proposer of the proposer’s appeal rights.

5.29 Proposals submitted by City Employees Prohibited

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

Page 22 Request for Proposal

SECTION 6: AGREEMENT TERMS AND REQUIREMENTS

6.1 Forfeiture of the Agreement

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

Agreement as herein provided.

6.2 Non-Assignment

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

6.3 Liability Insurance

Successful proposer shall obtain and maintain during the term of 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 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)

6.5 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

Page 23 Request for Proposal also include the following laws of the State of Oregon are hereby incorporated by reference into the Agreement: ORS 279B.220, 279B.230, and 279B.235.

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.

6.6 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 and to seek damages and any other relief available under this Agreement, at law, or in equity.

Any Work…