256134 RFP v1.pdf

Public Works Department

Interpretive Planning, Historical Research, and

Content Development

Services for Fairview Park

Phase 1 – Interpretive Space

RFP NUMBER: 256134

CLOSING DATE: June 26, 2026 at 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 256134

Interpretive Planning, Historical Research, and Content Development Services

Fairview Park Phase 1 – Interpretive Space

INTRODUCTION

The City of Salem (“City”) is requesting proposals from qualified firms (“Consultant”) to provide interpretive planning, historical research, oral history collection, and interpretive content development services for the Fairview Park Interpretive Space. The Consultant will coordinate closely with the City’s park design consultant (“Design Consultant”), who is responsible for the overall site layout and park design elements within the Phase 1 project scope, including the interpretive space.

Proposals will be received until, but not after 4:00 PM (local time), June 26, 2026.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each Proposal is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

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

Need Help?

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

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

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

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

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

Page 2 Request for Proposal

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

They must be received no later than June 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 Public Records Request |

Salem, Oregon (cityofsalem.net).

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

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

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

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

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

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

The City is an Equal Employment Opportunity employer.

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

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

Reasonable accommodations are available upon request.

Shawna Self, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: May 29, 2026

REQUEST FOR PROPOSAL NUMBER: 256134

REQUEST FOR PROPOSAL CLOSING: June 26, 2026 at 4:00 PM (Local Time) mailto:sself@cityofsalem.net https://www.cityofsalem.net/government/public-records-request https://www.cityofsalem.net/government/public-records-request https://www.cityofsalem.net/government/equity-accessibility

Page 3 Request for Proposal

RFP #256134

Interpretive Planning, Historical Research, and Content Development Services

Fairview Park Phase 1 – Interpretive Space

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

The 2025 Fairview Park Development and Management Plan describes that the interpretive space will feature historical information about the site shared through inclusive, multi-sensory experiences, including the history of the site’s natural environment, Indigenous and former residents. Additional public involvement and potential intergovernmental collaboration with the

Confederated Tribes of Grand Ronde and the Confederated Tribes of Siletz Indians are expected to shape the design and content of the interpretive space.

(*see https://www.cityofsalem.net/home/showpublisheddocument/26493/638790371340630000)

The interpretive plan and resulting content that is to be developed under the requested services will reflect the layered history of the Fairview Park site, including:

• Indigenous Kalapuya homelands, including ways the landscape was traditionally used/managed

• Early Euro-American settlement and agricultural use

• The Fairview Training Center, a state-operated institution for people with developmental disabilities (1907 – 2000)

The interpretive space will be located at the northern end of the park, adjacent to Lindburg Road

SE, among Oregon white oak and Douglas fir stands, near the former LeBreton Hall (which was

Fairview’s Administration Building).

Fairview Park occupies land with significant cultural, social, and historical importance. The City intends for the interpretive space to provide inclusive, multi-sensory, trauma-informed, and culturally respectful storytelling that honors the lived experiences of Indigenous communities, former Fairview residents, families, staff, and the broader Salem community.

The project may include opportunities for consultation and collaboration with the following entities and individuals, recognizing that participation will occur at their interest and discretion:

• Confederated Tribes of Grand Ronde

• Confederated Tribes of Siletz Indians https://www.cityofsalem.net/home/showpublisheddocument/26493/638790371340630000

Page 4 Request for Proposal

• Confederated Tribes of Warm Springs

• Former Fairview Training Center residents and employees

• Local historians and academics

• Neighborhood associations and community partners

• The City’s Historic Landmarks Commission

• Local non-profit museums (Willamette Heritage Center, Bush House Museum, Salem

Art Association)

The Consultant must demonstrate sensitivity to interpreting histories involving trauma, institutionalization, and cultural loss.

Roles and Responsibilities

To ensure clarity, the following responsibilities apply:

Project Element Responsible Party

Interpretive planning Interpretive Consultant

Public engagement Interpretive Consultant, with support from City

Exhibit design concept (overall) Interpretive Consultant, coordinated with Design

Consultant

Content of interpretive materials Interpretive Consultant

Interpretive space site layout Design Consultant, with significant input from

Interpretive Consultant and based on the developed plan/map of interpretive elements

Graphic design of interpretive materials Interpretive Consultant

Digital products (audio, web, QR code-linked content)

Interpretive Consultant, coordinated with City

Fabrication of interpretive elements Construction Contractor (low bid per State procurement rules); Consultant may fabricate specialized items if required

SECTION 2: SCOPE OF REQUESTED SERVICES

2.1 Task 1: Existing Conditions & Historical Inventory

The Consultant shall:

1) Conduct a literature review, archival research, and field reconnaissance.

2) Document site use across the designated Historic periods.

3) Compile and review relevant City plans (Comprehensive Park System Master Plan, Strategic Plans, Comprehensive Plan, Historic Preservation Plan, Fairview Park

Development and Management Plan).

4) Develop an overview in collaboration with Tribal partners.

5) Create an Interpretive Database of all assets, references, oral histories, and materials.

Page 5 Request for Proposal

6) Identify and map remnants of historic structures (retaining walls, foundation depressions, saved bricks, etc.).

7) Coordinate with SWCA Environmental Consultants regarding archaeological requirements.

Deliverables: Existing Conditions Report; Interpretive Database; Asset Inventory Map.

2.2 Task 2: Interpretive Plan Framework Development

An interpretive framework shall be developed for this property in reference to Part 3:

Interpretive Planning, Steps 1-7 from the document Interpretive Planning Tools for

Heritage Areas, Historic Trails and Gateways as prepared by the National Park Service for the US Department of the Interior. (*see https://chesapeakecrossroads.org/wp-content/uploads/2022/07/CBGN-Planning-For-Success.pdf )

The Consultant shall:

1) Develop a Significance Statement to define overall management and program goals, identifying both opportunities and challenges.

2) Identify Project Team, including subject matter experts, partners, stakeholders, affiliated interest groups and community members (City staff to support stakeholder identification).

3) Develop a public engagement plan (*see Section 5. Public Engagement Process

Expectations):

a) Present accessible historical overviews to the public.

b) Coordinate with the City and Design Consultant on outreach materials and scheduling.

c) Work with Tribal liaisons; provide questions in advance and allow for extended timelines for response.

d) Collect oral histories from willing participants, including former residents, staff, Tribal members, and community historians.

e) Use trauma-informed methods and acknowledge the sensitive nature of the site’s history.

4) Establish Primary and Secondary Interpretive Themes for site assets, including tangible, intangible and universal concepts that collectively define their significance.

a) Create an Interpretive Matrix identifying:

i) Theme locations within the interpretive space and park

ii) Levels of information (introductory, in-depth, multi-sensory)

iii) Media types (signage, audio, tactile, digital)

5) Identify and assess target audiences.

6) Develop Visitor Experience Objectives.

7) Create the Implementation Plan:

a) Develop strategies to share stories, along with ways to map and communicate themes.

b) Consider incorporating interchangeable or rotating signage to encourage repeat visits and engagement across a broad audience base.

https://chesapeakecrossroads.org/wp-content/uploads/2022/07/CBGN-Planning-For-Success.pdf https://chesapeakecrossroads.org/wp-content/uploads/2022/07/CBGN-Planning-For-Success.pdf

Page 6 Request for Proposal

c) Explore options for community-adopted interpretive stations, noting long-term management considerations.

d) Reference examples from comparable outdoor public spaces, preferably from federal, local, and state parks.

Deliverables: Significance Statement, outlining management and program goals; Project

Team Matrix; Public Engagement Plan, including meeting summaries, stakeholder log, and oral history summary; Interpretive Plan Matrix, including target audience, themes, locations, levels of info, and media type(s); Visitor Experience Objectives; Implementation

Plan.

2.3 Task 3: Implementation & Evaluation of the Interpretive Plan

At a minimum, the Consultant shall:

1) Develop a map of interpretive elements, including signage, audio stations, markers, and alternative pathways.

2) Provide signage package recommendations, including materials, durability, anti-vandalism strategies, opportunities for rotation of posted displays, and vendor specifications.

3) Recommend digital media (audio tours, QR codes, web content).

4) Provide fabrication-ready files (PDF or equivalent) of graphic design and interpretive media development for inclusion in the construction bid package.

5) Develop a testing and evaluation method prior to park opening (similar to an

Operation and Maintenance manual – intent is to provide a trouble-shooting guide that City will be able to reference once Interpretive Space and associated elements are fully operational).

6) Consider an additive alternate for including interpretive markers throughout the park grounds (City could incorporate these elements in the future and implement supplemental features at a later date, with funding TBD).

7) Ensure all interpretive elements meet accessibility and inclusivity standards;

reference Oregon Parks and Recreation Department’s Accessibility Design

Guidelines for All Future Projects.

(*see https://www.oregon.gov/oprd/AO/Documents/ACCESS-Accessibility-

Design-Standards-112023.pdf )

Deliverables: Implementation Plan; Fabrication-Ready Files; Evaluation Plan (O&M

Manual); Interpretive Element Map, including recommendations for signage, stations, rotational displays and vendor specifications.

2.4 Public Engagement Process Expectations

1) Develop a culturally appropriate strategy for Tribal engagement.

2) Ensure all voices wishing to contribute to the historical record are heard.

3) Document all engagement activities and outcomes.

*Note: The public engagement process for the Fairview Park Interpretive Space will not require engagement with either the Salem Parks and Recreation Advisory Board or Salem

City Council.

Page 7 Request for Proposal

2.5 Oral History Collection Requirements

1) Determine appropriate scope and budget for oral history collection.

2) Use trauma-informed, culturally sensitive methods.

3) Coordinate with Tribal liaisons and provide questions in advance.

4) Incorporate oral history excerpts into interpretive content (text, audio, quotes).

5) Utilize oral collection history kit and deposit collected materials into the Willamette

Heritage Center repository.

6) Work with Design Consultant to access existing contacts (former residents, staff, community members).

2.6 Project Schedule

1) Target construction bid date for Fairview Phase 1 Improvements: June 2027

2) Substantial completion of interpretive content files tentatively due: May 2027

*Note: The Consultant shall, in the proposal’s cover letter, assess the feasibility of meeting the proposed delivery schedule for the interpretive space implementation plan and all associated content files, taking into account timelines established in the interpretive development framework plan. Graphic design content which does not fall on the critical path for the construction of the site improvements could likely still be approved for submittal after the time of bid.

The Consultant shall consider the following:

1) Early preliminary design work by Design Consultant’s team is scheduled to begin by

June 2026 and will include geotechnical investigation/reporting and surveying tasks, as well as concept layouts for the Interpretive area of the project site.

2) Timeline for Phase 1 plan submittals to City as project progresses are as follows:

• 30% Schematic Design: September 2026

• 60% Design Development: December 2026

• 95% Construction Documents: May 2027

3) SCWA Environmental will be responsible to coordinate requirements relative to

Phase 1 archaeological impacts in consultation with the City Archaeologist, Tribal

Roundtable, and SHPO.

• A report was previously completed by Heritage Research Associates, Inc. (in

2020) based on archaeological fieldwork for the full 27.5-acre site in accordance with Section 106 of the National Historical Preservation Act of 1966 (as amended).

4) Oral history collection must account for Tribal consultation timelines.

5) Assume an iterative design process in coordination with the Design Consultant in order to determine the number, type and layout of interpretive elements.

6) Consultant must maintain flexibility and coordinate closely with City and Design

Consultant’s project team.

Page 8 Request for Proposal

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

Organization of the Proposal

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

Proposals shall not exceed ten (10) pages, not counting project cut sheets, resumes and cover letter, and must include the following:

• Provide a cover letter, including a statement addressing feasibility of proposed project timeline addressing integration of interpretive space elements with construction schedule for Phase 1 improvements at Fairview Park. Include your company name, address, phone number, email address, and contact person.

• Provide your project team qualifications, including relevant project experience.

• Provide your approach to interpretive planning and trauma-informed interpretation.

• Provide your approach to Tribal engagement and oral history collection.

• Provide your public engagement strategy and timeline for this project.

• Provide your proposed strategy for development of specific historical and cultural content for the Fairview Park Interpretive Plaza.

• Provide your experience with various media and signage materials, including vandal resistant elements, within public parks and/or alternative outdoor venues.

• Provide examples of past interpretive work (signage, audio, digital media).

• Provide a proposed draft schedule aligned with City milestones for this project.

• Provide a cost proposal with optional tasks (i.e. additive alternates).

• Provide Three (3) References (include contact email for each and a description of relative project(s))

SECTION 4 PROPOSAL EVALUATION CRITERIA AND SELECTION PROCESS

4.1 Evaluation Criteria

Although cost of services is important, the City will not necessarily select the lowest cost proposal for the award. The City reserves the right to award a contract based on initial proposal submittals or, at the sole discretion of the City, to conduct interviews with any or all of the proposers. Any interviews shall be held for the purpose of clarity of proposals and will not be scored. However, the Proposal Selection Committee members may use the interview process as an opportunity to adjust their original proposal scores to reflect any additional understanding of proposals that they derived from the interviews. In addition to submitted proposal information, the City reserves the right to use any information that it is aware of, independent of the submitted proposals, in determining consideration of contract award.

The City will not pay for any costs incurred by proposer in responding to this RFP to include costs to the proposer to conduct interviews and presentations.

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

Page 9 Request for Proposal

Proposals will be evaluated based on: (150 Points possible)

• Cover letter (pass/fail)

• Team qualifications (10)

• Demonstrated experience with interpretive planning (10)

• Approach to interpretive planning and trauma-informed interpretation (10)

• Experience working with Tribal governments and culturally sensitive histories (15)

• Public engagement approach (15)

• Quality of proposed strategy, methodology, and understanding of project complexities (30)

• Experience with media and past work examples (10)

• Ability to meet schedule constraints (10)

• Cost Proposal (30)

• References (10)

4.2 Selection Process

A RFP Selection Committee will be appointed by the City to evaluate and rank all qualifying proposals received by the closing date. If no acceptable arrangements can be made, negotiations with the next highest ranked proposer will occur.

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

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

Page 10 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 June

11, 2026, 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)

May 29, 2026 at 5:00 PM (local time) ........................................... Begin RFP Solicitation

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

June 26, 2026 at 4:00 PM (local time) .................................................. RFP Closing Date

July 7, 2026 at 4:00 PM (local time)....................... Notice of Intent to Award Agreement

July 21, 2026 at 4:00 PM (local time)..................... Agreement Award (Anticipated Date)

July 27, 2026 at 4:00 PM (local time).................................................... 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), June 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.

Page 11 Request for Proposal

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 PM (local time), June 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.

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), June 26, 2026.

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 https://oregonbuys.gov/bso/view/login/login.xhtml https://bidlocker.us/a/salem_or/BidLocker

Page 12 Request for Proposal closing date and time to begin the uploading process and to finalize your submission. The

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

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

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

Need Help?

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

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

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 #256134.”

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).

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

Page 13 Request for Proposal

• 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.

5.11 Contract Administrator

The Contract Administrator is Lelisa Rozendal. 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 mailto:sself@cityofsalem.net

Page 14 Request for Proposal 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

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.

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

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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 veteran-owned or an emerging small business certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110.

5.19 Notice of Intent to Award

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

5.20 Protest of Intent to Award

A proposer may protest the award of the Agreement or the intent to award such Agreement, whichever occurs first, if the proposer claims to have been adversely affected or aggrieved by the selection of a proposer. A proposer submitting a protest must claim that the protesting proposer is the highest ranked proposer because the proposals of all higher ranked proposers failed to meet the requirements of this RFP or because the highest ranked proposers otherwise are not qualified to perform the services described in this RFP. The proposer must deliver the written protest to the Contracts and Procurement Division to contracts@cityofsalem.net, within seven (7) days after issuance of the notice of intent to award the Agreement or if no notice of intent to award is issued, within forty-eight (48) hours after award. A proposer’s written protest shall specify the grounds for protest to be considered by the City pursuant to ORS 279B.410(2). The City Manager shall not consider a proposer’s award protest submitted after the above timeline. The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.21 Incurred Costs

Neither the City, nor its officers, agents, or employees are liable for any cost incurred by proposer(s) prior to issuance of an agreement, or purchase order. All prospective proposer(s) who respond to this RFP do so solely at the proposer's cost and expense.

5.22 No Warranty

All facts and opinion stated within this RFP and all supporting documents and data are based upon information available from a variety of sources. No representation or warranty is made with respect thereto.

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5.23 Statement of Time

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

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

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

5.24 Right to Audit

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

5.25 Accept or Reject Proposals

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

5.26 Additional Information

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

5.27 Right to Modify Process

The City reserves the right to modify the selection process or other aspects of this RFP process at its sole discretion. The Contracts and Procurement Office will take reasonable steps to ensure that any modification or clarification to this RFP are posted on OregonBuys.

5.28 Debarment of Proposer

The Contracts and Procurement Manager may debar prospective proposers from consideration for Agreements for a period of not more than three (3) years if:

1. The prospective proposer has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract subcontract or in the performance of such contract or subcontract;

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2. The prospective proposer has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects the prospective proposer’s responsibility as a contractor;

3. The prospective proposer has been convicted under state or federal antitrust statutes;

4. The prospective proposer has committed a violation of a contract provision that is regarded by the Contracts & Procurement Manager or the Construction Contractors

Board to be so serious as to justify debarment. A violation may include but is not limited to a failure to perform the terms of a contract or an unsatisfactory performance in accordance with the terms of the contract. A failure to perform or an unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment; or

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

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

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

5.29 Proposals submitted by City Employees Prohibited

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

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SECTION 6: AGREEMENT TERMS AND REQUIREMENTS

6.1 Forfeiture of the Agreement

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

Agreement as herein provided.

6.2 Non-Assignment

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

6.3 Liability Insurance

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

The insurance required shall include the following coverages:

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

• Automobile Liability.

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

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

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

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

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

• Successful proposer shall supply an endorsement naming the City, its officers, employees and agents as additional insureds within sixty (60) days of the Effective

Date of the Agreement; and

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

6.4 Errors and Omissions

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

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

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6.5 Workers’ Compensation Law

All 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 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.

6.7 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.

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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 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 Form of Procurement Agreement

Any Personal Services Agreement that is awarded as a result of this RFP will incorporate the RFP document, the successful proposer’s written proposal, any required certificates, and all other documents incorporated by reference therein.

It is the City’s intent to award Agreements in substantially the form of the Agreement attached as Appendix A. Proposer may submit an alternative Agreement for City’s review.

The City, at its sole determination, may approve the proposer’s offered Agreement as is, require modifications, or reject the proposer’s Agreement and require that the City’s

Agreement be executed for the purpose of this RFP.

A…