BOND CAMPAIGN CONSULTANT.pdf

Oregon City School District

REQUEST FOR PROPOSALS

Bond Campaign Consultant

OREGON CITY SCHOOL DISTRICT

NO. 62 OREGON CITY, OREGON

September 29, 2023

A. PURPOSE

Pursuant to Oregon Public Contracting Requirements, Oregon City School District NO. 62 (OCSD) invites written proposals from qualified firm(s) or individual(s) to provide bond campaign management and communication strategies for a November 2024 bond campaign.

The successful candidate will be able to assist Oregon City School District in preparing and passing of its next bond measure in November 2024.

B. INTRODUCTION

In November 2018, the Oregon City School District passed a $153 million bond. This bond included, but not limited to, one new middle school, a second middle school that was completely remodeled, and safety and security upgrades in all of the schools in the district. All of the projects from the 2018 bond are completed, or soon to be completed, and are within budget.

The District is in the process of planning for a future bond anticipated for the November 5, 2024 election. The scope of this bond has not yet been finalized but may include replacement/consolidation or major renovation of all six (6) existing elementary schools, efficiency and technology upgrades at all schools and support facilities, and construction/renovation of various CTE/STEM facilities throughout the District. Additionally, the District would look to integrate basic CTE and STEM experiences at the elementary level, and to reduce the environmental footprint, life- cycle, and operational costs at all facilities;

improvements at all three high schools and possibly other administrative buildings.

C. SCOPE OF WORK

Specifically, the Oregon City School District is seeking a consultant to provide the following services for bond campaign management and communication strategies:

• Create and manage the implementation of a bond engagement and outreach program.

• Provide OCSD with a demographic profile and a voter turnout model.

• Work with the OCSD and other consultants to develop and implement bond branding and messaging that will be used throughout the public education effort.

• Act as the creative strategist for OCSD in the development and dissemination plan for all bond related materials created and distributed by OCSD.

• Provide OCSD a final recommendation as to scope and timing of the bond package to be presented to voters.

• Work with OCSD, legal counsel, pollster and others to develop bond caption, question, summary and explanatory statement.

• Manage the development and implementation of any community surveys that need to be done.

• meet with OCSD, at a minimum, of twice per month for bond meetings to review communications and education campaign process.

D. RFP DATES AND DEADLINES

The Oregon City School District has established the following dates and deadlines for this RFP:

EVENT DATE

Publication September 29, 2023 Inquir ies Deadline October 02, 2023 RFP Addenda Issuance (if applicable) October 06, 2023 Submission Deadline October 09, 2023 Date of Notice of Intent to Award October 11, 2023 Deadline to File Protest of Award October 18, 2023 Contract Award Date October 20, 2023

E. RFP TERMS

1. The Oregon City School District is issuing this RFP for the purpose of obtaining proposals for the Bond Campaign Consultant. The Oregon City School District expects to enter into a contract with one f irm, or individual, for these Bond Campaign management and communication strategies. However, the Oregon City School District does not guarantee that it will award any contract pursuant to this RFP.

2. At Oregon City School District’s discretion, any representation made by a proposer in response to this RFP, whether verbal or written, will be incorporated into any contract between Oregon City School District and the proposer.

3. This RFP provides instructions for the preparation of a proposal that will address all RFP requirements. This RFP is not an offer to contract. Only the execution of a written contract will obligate Oregon City School District, in accordance with the terms contained in the contract.

4. Proposals turned in late or are missing signatures on required documents will be classif ied as “nonresponsive”. The Oregon City School District will disqualify all nonresponsive proposals from further evaluation. Responsive proposals will be evaluated based on the criteria listed in Section G of this RFP.

5. Oregon City School District will not pay any costs a proposer incurs in preparing and submitting its proposal or in negotiating and signing a contract, all of which will be the sole responsibility of the proposer. Any due diligence conducted by a proposer is at the proposer’s expense. All proposals become the property of Oregon City School District upon delivery to the Oregon City School District. Oregon City School District reserves the right to amend this RFP in any manner prior to award of a contract.

6. Oregon City School District reserves the right to postpone or cancel the RFP without liability to Oregon City School District any time prior to executing the contract if Oregon City School District determines, in its sole discretion, it’s in the District’s best interest to do so.

7. Oregon City School District reserves the right to share the RFP and any proposals the

District receives with any third party of their choosing, in order to secure expert opinion.

8. Oregon City School District reserves the right to reject any or all proposals.

F. PROPOSAL REQUIREMENTS

Each proposer’s submission in response to this RFP must:

1. Include one original (marked as such), f ive (5) copies and one (1) PDF copy on a USB f lash drive;

2. Include the completed and executed Proposal Certif ications (Attachment B of this RFP) as the f irst page of the original submission and each copy;

3. Be submitted in a sealed envelope that is plainly marked “Proposal to Provide Bond

Campaign Consulting – Oregon City School District” and bears the proposer’s name, address, telephone number, and email address; and

4. Be delivered to the following addressee no later than 1:00 PM, October 09, 2023:

Oregon City School District ATTN: Michael Sweeten, Director of Operations Oregon City School District, Administration Office 1417 12th Street Oregon City, OR 97045

5. Additional solicitation information:

a. Questions Questions pertaining to this RFP shall be presented in writing via email to:

Kimberly Davis Operations Program Coordinator Oregon City School District 14551 Meyers Road

Email: Kimberly.Davis@orecity.k12.or.us

Questions must be received in electronic format not later than 2:00 PM October 02, 2023, on the date of the “Deadline for Inquiries” in Section C above. Questions will be compiled and collectively addressed in writing prior to the deadline RFP Addenda issuance stated in Section D above.

b. Changes to RFP

Oregon City School District reserves the right to make changes to the RFP. Changes will be made only by written addendum which will be available to all prospective proposers via email.

Prospective proposers may request or suggest any change to the RFP by submitting a written request to Kimberly Davis at the address set forth in Section 5(a). The request shall specify the provision of the RFP in question and contain an explanation for the requested change. The request must be submitted by the “Deadline for Inquiries” in Section D of this RFP.

The District will evaluate all requests submitted but will not be obligated to accept the requested change.

c. Waiver: Any issue that could have been raised by a written question or request for change to the RFP documents as provided in Sections F.(a) or (b) shall not be ground for protest of award.

d. Addenda: If the District determines that a change or clarif ication to the solicitation documents is necessary, such information, clarif ication, or interpretation will be supplied in a written addendum to all prospective proposers that submitted an RFP. Statements made by the District’s representatives are not binding on the District unless confirmed by a written addendum.

e. Amend or Withdraw Proposal

A proposer may amend or withdraw its proposal any time prior to the time and date established for submission of proposals.

f. Public Disclosure of Proposals

The District is subject to the Oregon Public Records Law (ORS 192.311 to 192.478), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted in ORS 192.345, 192.355, or other applicable law. Examples of such exemptions are: trade secrets (ORS 192.345(2)) and computer programs (ORS 192.345(15)).

Pursuant to ORS 279B.060(6), proposals will not be open for the public inspection until the Notice of Intent to Award is issued. Thereafter, the District will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law so as long as:

● The Proposer marks all proposal pages containing the records it has determined as confidential under Oregon Public Records Law.

● Such pages shall be submitted in a separate envelope clearly marked “Confidential” on each page of the confidential document.

● In its proposal, Proposer shall site the specif ic statutory exemption in Oregon Records

Law exempting such page from disclosure.

Proposers may not mark an entire proposal confidential. Should a proposal be submitted in this manner, the District will hold no portion of the proposal as confidential, unless such a portion is segregated as provided above and is determined exempt from Oregon Public Records Law.

Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the Clackamas County District Attorney or a court of competent justice.

Prior to disclosing such information, the District will make reasonable attempts to notify the Proposer of the pending disclosure.

6. Proposals must include the following information:

a. The proposer’s complete name, mailing address, physical address, email address, voice telephone, and fax numbers;

b. A description of the ownership structure of the proposer, giving specif ic details with regard to any parent or aff iliates;

7. Proposers may add content in areas where the proposer feels it can offer value to Oregon City School District in an area that is not specif ically requested.

8. Each proposal must be signed by the proposer (if the proposer is an individual), by an authorized representative of the proposer (if the proposer is a business entity), or by a representative of each partner or joint venture member, if the proposer is a partnership or joint venture, and must include a copy of a signed original of Attachment B, in which the proposer certif ies that it meets all minimum requirements of Section C of this RFP, the proposer has not colluded with any other proposer in the preparation of its proposal, and the proposer agrees to be bound by the terms and pricing of its proposal, including all attachments.

G. Selection Criteria

Oregon City School District will evaluate proposals based on the following criteria for a maximum 100-point total:

a. Evaluation of technical proposal (Scored);

b. References (Scored)

1. Proposal elements that are subject to scoring will be awarded points as follows:

a. Evaluation of Technical Proposal (Scored): The evaluation committee will score all accepted proposals as follows based on maximum 100 points.

(i). Office location where effort applicable to this project will be performed is within f ifty

(50) miles of the construction site (5 pts).

(ii). Skills and experience including presentations to various stakeholders at their interest levels (school board, staff, community), and time working together of the proposed project team (15 pts).

(iii). Similar Oregon and Western Washington projects completed (15 pts).

(iv). Experience of the f irm in Bond Campaign Consulting of similar size and character located in Oregon and Western Washington as outlined above (15 pts).

(v). Firm’s approach and understanding of the Project (20 pts).

(vi). Collective, concise and comprehensive presentation of information (5 pts).

b. References (Scored): (maximum 25 points) Member(s) of the evaluation committee will follow up with references.

c. The Evaluation Committee will add together the points that each committee member assigns and divide the total points by the total number of evaluation committee members to compute average score for the evaluation of Technical Proposal.

2. The Evaluation Committee may request additional clarif ication from a proposer on any portion of a proposal. Proposer may not submit new information or documentation and a proposer may not use a clarif ication to rehabilitate a non-responsive proposal. Proposer’s point of contact must be available during the evaluation period to respond to requests for additional clarif ication. Proposers shall submit written signed clarif ication(s) within 24 hours, Monday through Friday, after receiving the Oregon City School District’s request. A proposer’s failure to provide clarif ication may result in a lower score for the proposal.

3. Oregon City School District reserves the right to request references in addition to those provided by the proposer, to investigate any references or representatives of projects that the proposer worked on whether or not furnished by the proposer, and to investigate the past performance of any proposer. The Oregon City School District investigation of proposer qualif ications may include inquiry into the proposer’s performance of similar services, compliance with specif ications and contractual obligations, completion or delivery of services on schedule, proposer’s lawful payment of suppliers, subcontractors, and workers, and other relevant matters.

H. Minority, Women and Emerging Small Business (“MWESB”) Participation

1. As noted in Oregon Governor’s Executive Order 12-03: “Minority-owned and women-owned businesses continue to be a dynamic and fast-growing sector of the Oregon economy. Oregon is committed to creating an environment that supports the ingenuity and industriousness of Oregon’s Minority Business Enterprise [MBE] and Women Business Enterprise [WBE].

Emerging Small Business [ESB] f irms are also an important sector of the state’s economy.”

2. If there may be opportunities for subcontractors to work on the Project, Oregon City School District expects the proposer to take reasonable steps to ensure that MWESB certif ied f irms are provided an equal opportunity to compete for and participate in the performance of any contracts or subcontracts resulting from this procurement.

I. Notification of Intent to Award

The District shall notify Proposers of its Intent to Award by posting by email.

J. Negotiation

1. After the District has issued the Notice of Intent to Award, the District shall commence serial negotiations with the highest-ranked eligible Proposer.

2. At any time during negotiations, the District may terminate negotiations with the highest-ranked Proposer, or the eligible Proposer with whom it is currently negotiating if the District believes that:

a) The eligible Proposer is not negotiating in good faith; or

b) Further negotiations or negotiations with the eligible Proposer will not result in the parties agreeing to the terms and conditions of a f inal contract in a timely manner.

3. If the District terminates negotiations with and eligible Proposer, the District may then commence negotiations with the next highest-ranked eligible proposer.

4. The District reserves the right to negotiate f inal contract terms with the selected

Proposer(s) to the fullest extent allowed by law and as in the best interest of the District.

K. Award of Contract

If the District awards a contract pursuant to this RFP it will award a contract to the responsible Proposer whose proposal the District determines in writing is the most advantageous to the District based upon the evaluation process and criteria described in this RFP, applicable preferences, and the outcome of any negotiations authorized by this RFP.

L. Protest of Contract Award

A Proposer may protest the Intent to Award a contract and may do so, provided:

1. The Proposer is adversely affected because the Proposer would be eligible to be awarded the contract in the event that the protest is successful; and

2. The reason for the protest is:

a) All higher-ranked proposals are non-responsive;

b) The District has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials;

c) The District has abused its discretion in rejecting the protestor’s proposal as non-responsive or;

d) The District’s evaluation of proposals or the District’s subsequent determination of Award is otherwise in violation the District’s Public Contracting Rules or the Public Contracting Code.

3. Address protest to:

PROTEST OF AWARD: Bond Campaign Consultant RFP Kimberly Davis Operations Program Coordinator Oregon City School District 14551 S Meyers Rd.

Email: kimberly.davis@orecity.k12.or.us

4. All protests of Award must be in writing and physically received by the title of procurement off icial no later than 2:00 p.m. on the deadline for submitting such protests set forth in Section D of this RFP.

5. Protests must specify the grounds for the protest including the specif ic citation of law, rule, regulation, or procedure upon which the protest is based. The judgement used in scoring by individual evaluators is not grounds for protest.

6. Protests not f iled within the time specif ied above, or which fail to cite the specif ic law, rule, regulation, or procedure upon which the protest is based shall be dismissed. An issue that could have been raised by request for clarif ication or change under Sections F.5(a) or (b) is not a ground for protest of award.

(End of RFP – Attachments follow.)

EXHIBIT A

INSURANCE REQUIREMENTS

A. MINIMUM INSURANCE LIMITS. Consultant shall procure, prior to commencement of the Services of this Agreement, and shall maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees, and subconsultant(s). Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations under this Agreement, will not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and Consultant’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement, as required or when requested, may be treated as a material breach of contract by Owner.

Coverage shall be at least as broad as the following scopes and limits:

1. Commercial General Liability. $1,000,000 per occurrence and $2,000,000 general aggregate and $2,000,000 products and complete operations for bodily injury, personal injury, and property damage.

2. Commercial Automobile Liability. $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation Liability. Consultant shall require and ensure that each of its subconsultants or subcontractors comply with this requirement.

4. Employers’ Liability. $1,000,000 per occurrence.

5. Professional Liability. $5,000,000 per claim and $5,000,000 aggregate limits subject to no more than $10,000 per claim deductible. Consultant shall maintain professional liability coverage through completion of construction and two years thereafter.

Owner reserves the right to modify the limits and coverages described herein, with appropriate credits or changes to be negotiated for such changes.

B. DEDUCTIBLES AND SELF-INSURANCE RETENTION. Consultant shall inform Owner in writing if any deductibles or self-insured retention exceeds $10,000. At its sole discretion, Owner may (1) accept the higher deductible, (2) require Consultant to insure such deductibles or self-insured retention as respects Owner, its officers, officials, employees, and volunteers, or (3) require Consultant to provide a surety bond guaranteeing Consultant’s payment of deductible or self-insured losses and related investigations, claim administration, and defense expenses.

C. OTHER INSURANCE PROVISION. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. Owner, Owner’s Program Manager, or both, their representatives, consultants, trustees, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered as Additional Insureds with respect to liability arising out of activities performed (for its ongoing and completed operations) by or on behalf of Consultant;

Instruments of Service and completed operations of Consultant; premises owned, occupied, or used by Consultant;

or automobiles owned, leased, hired, or borrowed by Consultant. The coverage will contain no special limitations on the scope of protection afforded to the Additional Insureds.

2. For any claims related to the Project, Consultant’s insurance coverage shall be primary insurance with respect to the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of Consultant’s insurance and not contributory..

3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, will not affect coverage provided to the Additional Insureds.

4. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage will not be suspended, voided, or canceled by either party, or reduced in coverage or in limits, except after 30 days' prior written notice by certified mail, return receipt requested, has been given to Owner.

D. ACCEPTABILITY OF INSURERS. Insurance shall be placed with insurers admitted in Oregon with a current A.M. Best’s rating and FSC no lower than A-VII. Consultant shall inform Owner in writing if any of its insurers have a rating and FSC lower than A-VII. At its sole discretion, Owner may (1) accept the lower rating or (2) require Consultant to procure insurance from another insurer.

E. VERIFICATION OF COVERAGE. Consultant shall furnish Owner with:

6. Certificates of insurance showing maintenance of the required insurance coverage; and

7. Original endorsements affecting general liability and automobile liability coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements shall be received and approved by Owner before Services commence.

RFP – BOND CAMPAIGN CONSULTING SERVICES

ATTACHMENT B - Proposer Certifications

Proposer represents that each of the following statements is accurate at the time the proposer submits its proposal. Proposer warrants that each of the following statements will remain accurate for a period of 120 days following submission of proposer’s proposal and, if proposer’s proposal is accepted, each statement will remain accurate throughout the term of any contract between proposer and the Oregon City School District No. 62 for architectural and engineering services.

1. The key persons named in proposer’s proposal are qualif ied to perform the work described in this RFP and in the proposal, and proposer will assign these key persons to perform the work if the Oregon City School District No. 62 awards a contract to proposer for these services.

2. Proposer has not colluded or consulted with any other proposer or potential proposer in the preparation and submission of this proposal.

3. Proposer agrees to be bound by the terms and pricing of its proposal, including all attachments to it.

4. The person signing this certif ication is authorized by proposer to act on behalf of and to make the representations in this certif ication on behalf of the proposer.

5. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious aff iliation, sex, disability, sexual orientation, or national origin, nor has proposer or will proposer discriminate in against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, a minority owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certif ied under ORS 200.055.

6. Proposer has read and understands all instructions, specif ications, and terms and conditions contained in the RFP and any addenda to it, and the Oregon City School District No.

62 is not liable for any claims or subject to any defenses asserted by proposer based upon, resulting from, or related to, proposer's failure to comprehend all requirements of the RFP.

7. If the Oregon City School District No. 62 awards a contract to proposer for architectural and engineering services, proposer will diligently perform the contract according to its terms.

8. Each of the foregoing representations is accurate and is incorporated into any contract between the Oregon City School District and the proposer for the delivery of the architectural and engineering services.

Proposer Name:

By: Title:

Date:

NOTE TO PROPOSER: Each proposal must include a copy of a signed original of this attachment that has been signed by an authorized representative of proposer.

Proposals that do not include a scanned signed copy of this attachment will be rejected as nonresponsive.

RFP - BOND CAMPAIGN CONSULTING SERVICES

ATTACHMENT C - References

Proposer must provide f ive references that can rate proposer’s performance on similar projects in the last ten (10) years and proposer’s ability to satisfy the requirements set forth in RFP section F.6, Proposal Requirements. References must include client name, title and contact information, describe each project brief ly, and indicate whether the project was funded publicly or privately.

Oregon City School District may attempt to contact two (2) sources for each reference given. The committee may make up to three (3) attempts to contact each of the reference source, which will be made during normal business hours. If the three (3) attempts are unsuccessful, the proposer may receive a zero (0) point for that reference source.

(Note: Proposer may supply the required information in a different format, as long as all required information is provided.)

Reference 1

Client Name:

City, State:

Contact Name:

Contact Title:

Telephone:

E-mail:

Project Description:

Reference 2

Client Name:

City, State:

Contact Name:

Contact Title:

Telephone:

Project Description:

Reference 3

City, State:

Contact Name:

Contact Title:

Telephone:

Reference 4

City, State:

Contact Name:

Contact Title:

Telephone:

Reference 5

City, State:

Contact Name:

Contact Title:

Telephone:

Project Description:

RFP - BOND CAMPAIGN CONSULTING SERVICES

ATTACHMENT D -

Acknowledgment of Receipt of Addenda to RFP Documents

Proposer acknowledges receipt of Addenda and agrees to be bound by their contents.

Circle each RFP addendum received: 1 2 3 4 5

Check if not applicable or no addenda were received:

By: Title:

Date:

To be completed and returned with proposal and all other attachments.