Council_Creek_Regional_Trail_Design_Services.pdf

REQUEST FOR PROPOSAL

COUNCIL CREEK REGIONAL TRAIL DESIGN SERVICES

(NO. 2021.073P)

FOR

Washington County, Oregon

RELEASE DATE: June 14, 2021 DEADLINE FOR QUESTIONS: July 9, 2021

RESPONSE DEADLINE: July 16, 2021, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/washington-county-or

Council Creek Regional Trail Design Services

I. Request for Proposal (RFP) w/Pre-Prop II. Introduction

III. Instructions to Proposers IV. Project Details/Scope of Work V. Proposal Content

VI. Evaluation Criteria VII. Evaluation and Award Process

VIII. Terms and Conditions IX. Vendor Submissions

Attachments:

A - 2020 PP SERVICES CONTRACT SAMPLE

B - Attachment C - INSURANCE REQUIREMENTS SUMMARY FORM PP C - Attachment A Major Project Tasks and Deliverables

Council Creek Regional Trail Design Services

I. REQUEST FOR PROPOSAL (RFP) W/PRE-PROP

Washington County, Oregon is requesting proposals from qualified firms to provide Council Creek Regional Trail Design Services.

A pre-proposal conference will be held on Monday, June 28, 2021 at 2:00 pm. More information can be found in the Introduction Section of the ProcureNow posting under Timeline.

Proposals must be received by 4:00 pm Friday, July 16, 2021.

The County may reject any proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding by the County it is in the public interest to do so.

A copy of the Request for Proposal document is posted on https://secure.procurenow.com/portal/washington-county-or. Proposal documents can be viewed and downloaded from the site. The County’s electronic solicitation portal can also be accessed at www.washcopurch.com/biz. Proposer is responsible for checking the site for any addendums before submitting their proposals.

The Washington County Board of Commissioners reserves the right to reject any and all proposals and to waive any and all informalities in the best interest of the County.

Suzi Fulcher, Procurement Manager

Published: Monday, June 14, 2021 ORPIN

Council Creek Regional Trail Design Services

II. INTRODUCTION

The following instructions/terms and conditions apply to all solicitations to provide either goods or services to Washington County.

II.A Summary

Washington County Department of Land Use & Transportation (LUT) has been awarded a $1,500,000 Regional Flexible Funds Allocation (RFFA) grant from Metro, including a 10.27 percent local match (MSTIP Opportunity Fund approved for $154,050), for Preliminary Design of the Council Creek Regional Trail (CCRT) between Hillsboro and Forest Grove. This project will build on the Master Plan that was completed in 2015 and will be a next step continuation of that work. The intent of this funding is to complete sufficient design (30%) to pursue additional required funding to finalize design and complete construction.

The project will collect data necessary to complete preliminary design for a preferred trail alignment. An alternatives analysis will consider how to best accommodate potential future transit within the corridor.

It is anticipated the trail would be constructed on and within the existing 60-foot wide Railroad corridor. Utilizing the existing railroad corridor is anticipated to reduce environmental impacts.

The project will need to address stormwater runoff, which has been identified as a key environmental issue through the Master Plan work. The project will also consider wetlands, flood plain and potential species habitat issues, but it is anticipated that these will be less significant since the project will be built within an existing railroad corridor. Part of this project will be to obtain a more detailed description of the necessary permitting. Some initial review of permitting was done as part of the Master Plan work.

II.B Background

Washington County is a suburban county located on the western edge of Portland, Oregon. Its boundaries extend from the City of Portland to the coast range. The current population is approximately 600,000 people. There is a mix of urban, suburban and rural areas. The eastern half of the County is composed of service industries, light manufacturing, residential and commercial activity. It is relatively densely populated. The western half is primarily farms and private forest lands across rural settings, together with several smaller incorporated and unincorporated communities.

The County seat of government is located in Hillsboro, Oregon. The County has experienced substantial growth over the last fifty years principally in the electronics and high-tech industries.

Twenty percent of the entire state's population growth in the last five years has occurred in Washington County.

Council Creek Regional Trail Design Services

The County is a home rule county, governed by five elected Commissioners who appoint a County Administrator as the chief executive of the County. There are currently approximately 1950 employees in all areas of County government who are engaged in providing the multitude of services required by its member cities, businesses and general population.

The Council Creek Regional Trail has been identified as a segment of the “Surf-to-Turf” regional trail network linking the Portland Metropolitan area with the Oregon Coast (other segments in the County include the Tualatin Valley Trail and Salmonberry Trail, which are currently being planned, and a portion of the Banks-Vernonia Trail which already exists). Initial planning, alternatives analysis and evaluation were completed under a broader 2015 Council Creek Regional Trail Master Plan project (https://www.oregonmetro.gov/council-creek-regional-trail-master-plan) that included both an east-west portion between the cities of Hillsboro and Forest Grove as well as a north-south portion between the cities of Forest Grove and Banks.

This project is intended to advance the east-west portion of the project, which provides a six-mile travel corridor dedicated to alternative modes between three cities (Hillsboro, Cornelius and Forest Grove), providing a safer alternative to Oregon Highway 8 (OR 8, Tualatin Valley Highway or TV Highway) or rural roads for bike and pedestrians. Planning for and constructing a regional trail system separate from the roadway reduces and/or eliminates conflicts with high speed and volume traffic conditions. The alignment also provides an easy connection to urban neighborhoods, local businesses, and transit within these communities.

The project will be built within the existing 60-foot railroad right of way for almost the entire distance, replacing an unused spur railroad (no rail traffic has used the spur since 2015). Located approximately one-quarter mile north of, and parallel to, TV Highway, between Hillsboro and Forest Grove. The trail will serve active transportation only, separated from vehicle traffic, and be designed to accommodate users of all ages and abilities, complying with ADA requirements. It would provide increased access to opportunity for marginalized communities The project will provide a continuous bicycle and pedestrian link from the TriMet Blue Line MAX station in downtown Hillsboro to the City of Forest Grove with access to Cornelius and unincorporated Washington County in-between. A trail linking these diverse communities and destinations will increase opportunities for recreation, shopping, and commuting. The trail will provide access between homes, commercial destinations, schools, jobs, and transit. The existing railroad corridor crosses several collector and arterial roadways and will require modifications or enhancements for protected crossings.

Portland and Western Railroad (PNWR, owned by Genesee & Wyoming, G&W) holds a "permanent exclusive rail service easement" over the state-owned right-of-way (ODOT Rail).

There is a working group, comprised of representatives from jurisdictions within the corridor and agencies with interest in the corridor called the Council Creek Regional Corridor Working Group (CCRC WG). CCRC WG members are currently in discussions with ODOT Rail and PNWR about abandonment of the railroad and relinquishment of the easement.

The project has enjoyed broad participation and support, including from several jurisdictions, public agencies and community organizations:

Cities/County: Forest Grove, Cornelius, Hillsboro, Washington County

Council Creek Regional Trail Design Services

Agencies: ODOT, TriMet, Metro, Clean Water Services

Community Organizations: Chamber of Commerce, Washington County Visitors Association, Community Participation Organization (CPO) 15, Tualatin River Watershed Council, Adelante Mujeres, Centro Cultural, Washington County Rural Road Operations and Maintenance Advisory Committee (RROMAC), Washington County Bicycle Transportation Coalition.

II.C Contact Information

Suzi Fulcher Procurement Manager 155 N First Ave MS 28 Hillsboro, OR 97124 Email: suzi_fulcher@co.washington.or.us Phone: (503) 846-8734 Department:

LUT

II.D Timeline

The County reserves the right to modify this schedule at the County's discretion. Proper notification of changes to the due date will be made to all parties that have received the proposal from ProcureNow.

Time is of the essence in getting the system installed, the schedule below will be adjusted accordingly should some tasks take less time than scheduled.

Date of Legal Advertisement June 14, 2021

Pre-Proposal Meeting (Non-Mandatory) June 28, 2021, 2:00pm Register in advance for this meeting:

https://us02web.zoom.us/meeting/register/tZc kc-murToiEtz71TOJb_FPBYDGVQ95q572

After registering, you will receive a confirmation email containing information about joining the meeting.

Question Submission Deadline July 9, 2021, 11:45am

Submittals Due July 16, 2021, 4:00pm

Evaluation Process Completed August 6, 2021

Contractor Selection Date August 24, 2021 mailto:suzi_fulcher@co.washington.or.us tel:(503)846-8734 https://secure.procurenow.com/portal/washington-county-or https://us02web.zoom.us/meeting/register/tZckc-murToiEtz71TOJb_FPBYDGVQ95q572 https://us02web.zoom.us/meeting/register/tZckc-murToiEtz71TOJb_FPBYDGVQ95q572

Council Creek Regional Trail Design Services

Council Creek Regional Trail Design Services

III. INSTRUCTIONS TO PROPOSERS

III.A Precedence of Proposal Documents*

The order of precedence of documents is as follows:

A. Instructions to Proposers

B. Contract Terms & Conditions (from attached sample contract)

C. Terms and Conditions

D. Project Details/Scope of Work

III.B Copies of Proposal Documents*

Documents obtained from sources (such as directly from other contractors) other than ProcureNow are not valid proposal documents. It is the proposer's responsibility to ensure they are following a particular project on ProcureNow in order to receive notification of all addenda as well as additional relevant information.

III.C Communication

Communication regarding this solicitation between a potential or actual Proposer and any Washington County staff, other than Purchasing Division staff, is prohibited from the time the Request for Proposals (RFP) is advertised until the award of a contract to the proposer selected.

III.D PRE-PROPOSAL CONFERENCE

1. Statements made by County’s representative(s) at the pre-proposal conference are not binding upon the County unless confirmed by written addendum.

2. The purpose of the pre-proposal conference is to offer the prospective proposers an opportunity to ask questions and clarify RFP contract and instructions to ensure proposals submitted meet the criteria.

3. To guarantee the most appropriate use of time, proposers are expected to review the RFP before the pre-proposal conference. Questions regarding the project/proposal information will be discussed at the pre-proposal conference.

III.E Questions and Answers

Enter all questions regarding the meaning or intent of the solicitation into the questions area of the solicitation in ProcureNow.

Council Creek Regional Trail Design Services

III.F Specification Protest Process

Delivery: A proposer must deliver a protest of specifications to the County in writing no later than seven (7) calendar days prior to the proposal due date as follows:

Specification Protest Proposal#: 2021.073P Washington County Purchasing Division ATTN: Purchasing Manager 155 North First Avenue, Suite 270 MS 28 Hillsboro, Oregon 97124-3072

Content: A proposer’s written protest must include:

A detailed statement of the legal and factual grounds for the protest; description of the resulting prejudice to the proposer; and a statement of the form of relief requested or any proposed changes to the specifications.

County Response: The County may reject without consideration a proposer’s protest received after the deadline established for submitting protest. The County shall provide notice to the applicable proposer if it entirely rejects a protest. If the County agrees with the proposer’s protest, in whole or in part, the County shall either issue an addendum reflecting its determination or cancel the solicitation.

Extension of Closing: If the County receives a written protest from a proposer in accordance with this rule, the County may extend closing if the County determines an extension is necessary to consider the protest and to issue addenda, if any, to the solicitation document.

Judicial review of the County’s decision relating to a specification protest shall be in accordance with ORS 279B.405.

III.G Phone Proposals, Late Proposals or Modifications*

Late proposals or modifications of proposals will be handled in the following manner:

It is the sole responsibility of the Proposer to ensure the proposals are uploaded to the system by the specified time. They system will not allow Proposers to upload after this time and the proposal will not be considered.

Any modification of a proposal is subject to the same conditions set forth above.

Proposals will not be accepted via Phone, E-mail or FAX.

III.H Interpretations and Addenda

If necessary, interpretations or clarifications in response to questions will be issued by addenda.

Questions received after Friday, July 9, 2021 may not be answered unless the County determines, in its sole discretion, that it is in its best interests to do so. Oral and other interpretations or clarifications will be without legal effect.

Council Creek Regional Trail Design Services

Any amendment(s) to or error(s) in the RFP called to the attention of the County will be added to or corrected by written addendum and posted to ProcureNow. The County may also issue addenda to modify the proposal documents, as it deems advisable.

Receipt of addenda must be acknowledged.

Proposers shall be solely responsible to check for addenda, if any, from ProcureNow prior to submitting their proposals.

After opening proposals, the County may issue or electronically post an addendum to the request for proposals that modifies the criteria, rating process and procedure for any tier of competition before the start of the tier to which the addendum applies.

The County shall send an addendum that is issued by a method other than electronic posting to all proposers who are eligible to compete under the addendum. The County shall issue or post the addendum at least five days before the start of the subject tier of competition or as the County otherwise determines is adequate to allow eligible proposers to prepare for the competition in accordance with County rules.

III.I Guidelines for Proposal Submittal and Receipt

To be considered for this contract, each proposer must enter its complete proposal per the Vendor Submission Section to ProcureNow.

Proposals must be uploaded by 4:00 pm Friday, July 16, 2021. The system will not allow late uploads. Allow plenty of time to ensure your upload is successful. Slow or malfunctioning internet shall not be an acceptable reason for late submissions.

Proposers are required to submit any proposal forms furnished in this RFP document. Please retain a copy for your records.

Each submittal shall contain the following:

• Any proposal response forms listed in the Attachment Section.

• Responses, Certifications, or Agreements required in this solicitation.

• Proposers shall provide a copy of any contracts, licensing agreements, or other documents that the County will be asked to sign if they are the chosen contractor. These do not count against the page limit.

• Failure to submit any of the required items may be grounds for rejection of the proposal.

https://secure.procurenow.com/portal/washington-county-or https://secure.procurenow.com/portal/washington-county-or https://secure.procurenow.com/portal/washington-county-or/projects/9863?section=61726

Council Creek Regional Trail Design Services

IV. PROJECT DETAILS/SCOPE OF WORK

IV.A Expected Outcomes

The following outcomes are expected from this project:

• Selection of a preferred trail alignment and cross-sections throughout the corridor.

• Preliminary design for the preferred alignment, including 20-30% engineering construction documents and associated cost estimate.

• Design and public involvement consistent with federal NEPA guidelines to facilitate eligibility for potential future funding for further trail design development and construction.

IV.B Major Project Tasks and Deliverables

The Major Project Tasks and Deliverables are detailed in Attachment C - Major Project Tasks and Deliverables.

IV.C Project Administration

This project will have a project management team consisting of County and consultant staff, as well as external technical and stakeholder advisory groups as well as elected officials. The County, in close coordination with selected Council Creek Regional Corridor Working Group members, will be responsible for selecting the project consultant and accepting project deliverables.

This project is expected to have external committees to help guide the work (similar to the following):

• Elected Officials: Forest Grove City Council, Cornelius City Council, Hillsboro City Council, Washington County Board of Commissioners, Metro Council

• Council Creek Regional Corridor Working Group (CCRC WG): Staff and elected officials from Cities (Banks, Forest Grove, Cornelius, Hillsboro), Metro, TriMet, ODOT Rail, Clean Water Services (CWS), Washington County

• Council Creek Regional Trail Technical Advisory Committee (CCRT TAC): Composed of representatives from Cities (Forest Grove, Cornelius, Hillsboro), Metro, TriMet, ODOT, ODOT Rail, CWS, and others as needed.

• Stakeholders/General Public: Adelante Mujeres, Centro Cultural, property owners along corridor, WCCC/WCCC TAC , Confederated Tribes of the Grand Ronde, others – to be determined, general public

Council Creek Regional Trail Design Services

IV.D Project Lead/County Staff:

Overall, this project will be led by a team of county staff. Involved staff members will have varying degrees of interaction with the project and the consultant team, depending on the nature of the task at hand. In general, this will include the following primary staff members:

IV.E Project Timeline

The estimated timeline per task are summarized below. The project will primarily be completed within 40 months of the notice to proceed.

IV.F Project Budget

For this portion of the project up to $1.3M is available, including any contingency funds.

Council Creek Regional Trail Design Services

V. PROPOSAL CONTENT

V.A Relevant Experience

1. Demonstrate successful completion of similar trail design and pre-engineering plan-level assessments including survey, data collection and environmental assessment on time and within budget. Provide recent examples (within the last five (5) years) of successful completed projects with similar scale, scope and complexity.

• Preference will be given for successful experience within a multijurisdictional setting incorporating former railroad corridors in rural and suburban context.

• Preference will be given for successful experience delivering projects that followed a NEPA process.

• Preference will be given for pre-engineering plan-level assessments of former railroad bridges and trestles to be repurposed for pedestrian use.

• Preference will be given for ability to demonstrate experience successfully evaluating life-cycle benefits and costs of constructing a new trail with major roadway crossings and trail head developments considering factors such as safety, traffic impacts, economic and environmental impacts, and community livability.

2. Proposers’ ability to demonstrate project experience in successful multilingual public involvement (primarily Spanish) that engages diverse stakeholders including historically under-represented and underserved communities as well as presenting technical materials to non-technical audiences in the course of controversial public involvement meetings and processes.

3. Key Staff Resumes are not included in the Proposal page limit identified for this solicitation;

however, a maximum of 5 Key Staff Resumes may be submitted; each resume may only be one single sided page in length.

V.B Project Approach

Given the Project information provided with this RFP, describe your specific approach for this Project to cost effectively meet the Agency’s Project deliverables/objectives in the timeline needed. Proposals will be evaluated based on:

• Proposers’ project understanding and approach to successfully completing scope described in Statement of Work. Describe any changes you would recommend to tasks or deliverables in the SOW to better achieve project goals within the schedule.

• Proposers’ ability to meet proposed project timeline including staffing roles of project team members and hours attributed to each member of the team for related tasks of completing the project.

Council Creek Regional Trail Design Services

• Proposers’ ability to outline a project management plan, including the approach to maintaining good communication and meeting deadlines.

V.C Racial Equity and Diversity

The proposal will be evaluated based on the extent to which racial equity and diversity have been incorporated into the consultant team and work plan.

1. Consultant team, examples include:

• Detail your cultural competency/diversity training efforts for both new and existing employees. How do you approach internal on-the-job training, mentoring, technical training and/or professional development opportunities addressing diversity?

• Describe the percentage of your professional, executive and/or technical staff comprised of women and or/minorities.

• Describe the process(es) used to recruit women and minorities.

• Indicate if your firm is currently certified by COBID or OMWBE.

• Describe your experience partnering with small businesses or non-profits on projects.

Provide the total dollar amount and total overall percentage of contracts awarded to small businesses during the past three (3) years.

• Describe any mentoring, technical, or other business development services you provided to previous or current small business subcontractors, non-profits or partners, including plans to do so in relation to the services in this solicitation.

• Describe in detail how your organization includes diverse suppliers, vendors and subcontractors in the conduct of your business and supply chain. Please provide specific examples.

2. Work Plan:

• What types of projects or initiatives has your firm implemented to be more accommodating to those who have been traditionally excluded or ignored. Describe your outreach efforts in the community to promote opportunities and encourage inclusion.

• Describe how the proposal will advance racial equity and diversity through inclusion and engagement of other partners or methods.

• Describe your approaches to implement the work plan that engage underrepresented communities.

Council Creek Regional Trail Design Services

VI. EVALUATION CRITERIA

EVALUATION CRITERIA AND SELECTION PROCESS

All proposals will be reviewed by staff based on the following criteria. Each evaluation criteria have been assigned points based on its relative value to the contract as a whole. Responses that exceed the designated page limit will have 1 point per page over the limit deducted from their total score. The criteria and the associated points are listed in the table below:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Relevant Experience - Trail Design Relevant Experience with trail design and pre-engineering assessments of similar projects.

Points Based 32 (22.9% of Total)

2. Relevant Experience - Multilingual and Multijurisdictional Public Involvement Relevant Experience with multilingual and multijurisdictional public involvement of similar projects.

Points Based 8 (5.7% of Total)

3. Project Approach - Understanding Proposers’ project understanding and approach to successfully completing scope described in Statement of Work. Describe any changes you would recommend to tasks or deliverables in the SOW to better achieve project goals within the schedule.

Points Based 25 (17.9% of Total)

4. Project Approach - Timeline Proposers’ ability to meet proposed project timeline including staffing roles of project team members and hours attributed to each member of the team for related tasks of completing the project.

Points Based 10 (7.1% of Total)

5. Project Approach - Management Plan Proposers’ ability to outline a project management plan, including the approach to maintaining good communication and meeting deadlines.

Points Based 5 (3.6% of Total)

6. Racial Equity and Diversity - Consultant Team The proposal will be evaluated based on the extent to which racial equity and diversity have been incorporated into the consultant team.

Points Based 10 (7.1% of Total)

7. Racial Equity and Diversity - Work Plan The proposal will be evaluated based on the extent to which racial equity and diversity have been incorporated into the work plan.

Points Based 10 (7.1% of Total)

Council Creek Regional Trail Design Services

8. Phase 2 - Interviews Top scoring proposers may be selected for interviews. If oral interviews are determined to be necessary, the scores from the written proposals will be considered preliminary. Final scores will be determined based on the review and re-evaluation of the written scores and an additional 40 points assigned to the interview process.

Points Based 40 (28.6% of Total)

Council Creek Regional Trail Design Services

VII. EVALUATION AND AWARD PROCESS

VII.A Clarifications

The County reserves the right to obtain clarification at any point in regards to a proposal or to obtain additional information necessary to properly evaluate a proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of their proposal.

After evaluation, demonstrations, and or interviews have occurred, a single firm will be identified that is best able to provide the services to the County. The County reserves the sole right to determine the best Proposal. A notice of intent to award will be published and a recommendation will be presented to the County Administrator or Board of Commissioners for their consideration.

VII.B Interviews

Top scoring proposers may be selected for interviews. If oral interviews are determined to be necessary, the scores from the written proposals will be considered preliminary. Final scores will be determined based on the points assigned to the interview process.

VII.C References

The County reserves the right to check references only on the highest scoring proposers or depending on the scoring differential just the highest proposer.

Questionnaires may be sent to customer references by Washington County or contacted by telephone. Secondary references may also be contacted.

VII.D Period Proposal Validity*

All proposals shall remain firm for a period of NO VALUE calendar-days after date specified for receipt of proposals.

VII.E Acceptance, Rejection and Cancellation of Award*

Washington County reserves the right to accept or reject any or all proposals received as a result of this RFP and to negotiate with any qualified proposer(s) for all or part of the requested goods and services. All proposals become the property of the County.

This RFP does not commit the County to award a contract or to pay any costs incurred by respondents. Washington County reserves the right to cancel award of this contract at any time before execution of the contract if cancellation is deemed to be in the County's best interests. In no event shall the County have any liability for the cancellation of the award. All costs of the

Council Creek Regional Trail Design Services proposal process, interviews, contract negotiations, and related expenses are the responsibility of the proposer.

Acceptance of a proposal is subject to budget approval, appropriation and budgetary constraints.

VII.F Award Recommendation*

The notice of intent to award will be posted on the ProcureNow website at least seven (7) days before the award of the contract. See PROTESTS AND JUDICIAL REVIEW OF CONTRACT AWARD below for protest of award.

The decision by the Board or the County Administrator to award the contract shall constitute the final decision of the County to award the contract.

VII.G Inspection of Proposals

Subject to the provisions of the Oregon Public Records Law, all proposals received will be available for public inspection after the notice of intent to award has been published. Proposals will be provided via an electronic link.

Copies of material from proposal files may be obtained from the Washington County Purchasing Division upon payment of a charges based upon the current County Fee Schedule. Prepayment is required for providing materials from the proposal files.

VII.H Protests and Judicial Review of Contract Award*

Purpose. The award by the Washington County Board of Commissioners of the contract shall constitute a final decision of the County to award the contract if no written protest of the award is filed. A proposer may protest the award of a contract, or the intent to award of a contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. A proposer must file a written protest with the County and exhaust all administrative remedies before seeking judicial review of the County's contract award decision.

Delivery. A proposer must deliver a written protest to the Washington County Purchasing Manager within seven (7) days after issuance of the notice of intent to award the contract.

Content of Protest. A proposer’s written protest shall specify the grounds for the protest to be considered pursuant to ORS 279B.410(2). Proposer may not protest the content of specifications in an award protest. Proposers may protest only deviations from laws rules, regulations, or procedures including procedures set out in this RFP. Disagreement with the scoring by the Selection Committee is not a basis for protest. Protests must specify the grounds for the appeal including the specific citation of law, rule, regulation, or procedure upon which the protest is based.

County Response. The County shall not consider a proposer’s contract award protest submitted after the timeline established for submitting such protest. The County shall issue a written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the County upholds the protest, in whole or in part, the County may in its sole discretion either award the

Council Creek Regional Trail Design Services contract to the successful protestor or cancel the procurement or solicitation. The County shall not consider any protest against award based on the content of specifications.

Judicial Review. Judicial review of the Board’s or its designee’s decision relating to a contract award protest shall be in accordance with ORS 279B.415.

VII.I Negotiation with Awarded Contractor(s)*

The County reserves the right to negotiate final contract terms with the awarded contractor to the fullest extent allowed by law and as in the best interest of the County.

VII.J Contract Term

The term of the contract will be effective for the period through and including December 31, 2023, with an option to renew for an additional two – one year periods.

The maximum term of the contract will be five years.

The estimated annual expenditure for the contract is approximately $500,000.00. Actual expenditures may be more or less depending on actual requirements.

VII.K Contractor's Responsibility*

It is understood that the specifications and other contract documents do not purport to control the method of performing the work, but only the requirements as to the nature of the completed work. The contractor assumes the entire responsibility for the method of performing the work. Suggestions as to the method included in the contract documents shall be deemed advisory only and the feasibility of such methods, or the lack thereof, shall not affect the contractor’s liability, or status as independent contractor, and contractor will remain responsible for the cost of all permits unless otherwise specified.

Council Creek Regional Trail Design Services

VIII. TERMS AND CONDITIONS

VIII.A Laws and Regulations

1. The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations, they shall report it to County in writing.

2. All work performed by the contractor shall be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for obtaining applicable permits and licenses.

VIII.B Recycled Materials and Sustainable Products and Processes

1. Contractor is encouraged to use recycled and recyclable products to the maximum extent economically feasible during the performance of the Contract.

2. Washington County prefers materials or supplies manufactured from recycled materials if the recycled product is available, and it meets the requirements set forth in the Specifications.

3. Washington County supports and encourages the use of sustainable products by the Contractor. To contribute to a clean environment for present and future generations, Contractor shall utilize sustainable products to the maximum extent feasible during the performance of this Contract.

VIII.C Proprietary Information, Ownership and Use of Documents

1. All documents submitted to the County shall become public records, subject to disclosure, unless otherwise protected pursuant to the Oregon Public Records Law.

2. The County is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the County to disclose all records generated or received in the transaction of County business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law.

Examples of exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501(15)). The County will not disclose records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations:

3. The entire RFP cannot be marked confidential, nor, shall any pricing be marked confidential.

Council Creek Regional Trail Design Services

4. All pages containing the records exempt from disclosure shall be marked “confidential” and segregated in the following manner:

• It shall be clearly marked in bold and on each page of the confidential document.

• It shall be kept separate from the other RFP documents in a separate file upload.

• Where this specification conflicts with other formatting and response instruction specifications, this specification shall prevail.

5. Where such conflict occurs, the Proposer is instructed to respond with the following: “Refer to confidential information enclosed.” This statement shall be inserted in the place where the requested information was to have been placed.

6. Proposers who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. Should a proposal be submitted as described in this section no portion of it can be held as confidential unless that portion is segregated as described above.

7. Notwithstanding the above procedures, the County reserves the right to disclose information that the County determines, in its sole discretion, is not exempt from disclosure or that the County is directed to disclose by the County’s Attorney, the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the County will notify the Proposer.

If the Proposer disagrees with the County’s decision, the County may, but is not required to enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

VIII.D Rights of the County

The County expressly reserves the following rights:

• To waive irregularities in the proposals submitted.

• To cancel the procurement or reject any proposals or portions thereof in accordance with ORS 279B.100.

• To base awards with due regard to quality of services, experience, compliance with specifications, proposal response, and other such factors as necessary in the circumstances.

• To make the award to any proposer whose proposal, in the opinion of management and the Board, is in the best interest of the County.

• To negotiate contract terms and conditions.

Council Creek Regional Trail Design Services

VIII.E Qualifications/References/Responsible Proposer

1. Qualifications of proposers will be evaluated when determining the award. Proposers may be required to produce acceptable personal, business, and credit references and completed examples of previous work of a similar nature.

2. The County reserves the right to investigate references and to consider the past performance of any proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of services on schedule, and its lawful payment of employees and workers whether or not specifically listed by the proposer.

3. Before awarding a contract, the County shall determine that the apparent successful proposer has met the requirements of responsibility outlined in ORS 279B.110.

VIII.F Social Equity

1. In order to promote economic growth, the County seeks to maximize the participation of diverse consultants, partners, contractors, and suppliers throughout the duration of the project.

2. Working in a way that promotes the empowerment of individuals, organizations, and communities most affected by inequities is a practical method of achieving equity. The County wants to integrate empowering equity strategies that allow for authentic voice to be heard and ultimately represented in decisions from this delivery of service.

3. The County values the community as a whole and calls out those providing and receiving services should have a positive economic impact from the delivery of services that is long term and positively changes our hierarchical systems to incorporate those who are most affected by inequities.

4. It is the County’s desire to create full and equal access to opportunities for all people that enable them to attain their full potential. We pay particular attention to the development of income and wealth for communities most affected by inequities.

VIII.G County Rights

The County reserves the right to modify this schedule at the County's discretion. Proper notification of changes to the due date will be made to all parties that have received the proposal from ProcureNow.

VIII.H Cooperative Purchasing

1. Pursuant to the intent of Oregon Revised Statutes, Chapter 279A.200, any publicly funded city, county, district, agency or similar entity shall have the authority to purchase specified goods/services directly from contractor under the terms and conditions of this contract.

2. The proposer agrees to extend identical pricing and services to other public agencies for the same terms.

Council Creek Regional Trail Design Services

3. Each contracting agency will execute a separate contract with the successful proposer for its requirements. Any ordering and billing shall take place directly between the proposer and such entity.

4. Any proposer, by written notification at the time of the proposal due date and time, may decline to extend the prices, services and terms of this proposal to any, and/or all other public agencies. There is no penalty for declining cooperative procurements.

VIII.I Form of Contract

A copy of the standard personal service contract that the County expects the successful firm or individual to execute is attached. The contract will incorporate the terms and conditions from this RFP document and the successful proposer's response documents.

Firms taking exception to any of the contract terms should indicate the same by uploading in the Vendor Submission or their exceptions will be deemed waived.

VIII.J Insurance Requirements

The insurance requirements for this contract are outlined in the Insurance Requirements Summary Form.

Council Creek Regional Trail Design Services

IX. VENDOR SUBMISSIONS

IX.A Electronic Submittal*

By electronically submitting this response the Supplier attests and certifies that:

1. Person completing this response represents that I am either authorized to bind the Supplier, or that I am submitting the Response on behalf of and at the direction of the Supplier's representative authorized to contractually bind the Supplier.

2. I represent that the Supplier or its applicable representative(s) has reviewed the information contained in this Solicitation Package and that the information submitted is accurate.

3. Respondent agrees that the action of electronically submitting its response constitutes:

a. an electronic signature on the responses, generally,

b. an agreement to conduct business electronically,

c. an electronic signature on any form or section specifically calling for a signature, and

d. an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement.

☐ Yes

☐ No *Response required

IX.B Solicitation Requirements*

Proposer read through and confirm that you met all of the Solicitation requirements?

☐ Yes

☐ No *Response required

IX.C Cooperative Purchasing*

Will the proposer extend pricing and terms to other public agencies?(there is no penalty for not agreeing to extend pricing)

☐ Yes

☐ No *Response required

Council Creek Regional Trail Design Services

IX.D Resident Bidder **

The Bidder is a resident as defined in ORS 279A.120*?

*ORS 279A.120(1)(b) – Resident bidder means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the vendor is a resident vendor. Nonresident vendor shall comply with the provisions of ORS 279A.120(3).

☐ Yes

☐ No *Response required

IX.E Proposal Content

The proposal shall be prepared succinctly, providing a straight forward, concise description of the proposer’s ability to meet the requirements of the RFP. There should be no unnecessary attachments or exhibits.

Proposal should contain no more than twenty (20) 8.5" x 11", pages of written material (excluding resumes) describing the ability of the proposer to perform the work described. The minimum font shall be twelve (12) point single spaced. Responses that exceed the designated page limit will have 1 point per page over the limit deducted from their total score.

IX.E.1 PROPOSAL CONTENT*

Upload a single document containing responses to the Proposal Content section of the solicitation, with the exception of any confidential or proprietary information.

*Response required

IX.E.2 Confidential Information

Upload all pages or documents containing information exempt from disclosure per the Proprietary Information, Ownership and Use of Documents article of the Terms and Conditions Section.

IX.E.3 Changes Requested to County Contract Standard Terms and Conditions

Upload any alterations requested to Washington County's contract standard terms and conditions per the Form of Contract article of the Terms and Conditions Section.

IX.E.4 Solicitation Awareness*

How did you hear about this opportunity?

Select all that apply

☐ ORPIN

☐ Link was emailed directly to me

Council Creek Regional Trail Design Services

☐ Washington County Website

☐ Daily Journal of Commerce, Portland Tribune or other printed media

☐ Twitter, Facebook or other social media

☐ Panning Center, Plan room, etc?

*Response required