Environmental Permitting Services RFP 2026 - Final~2.pdf

URBAN FLOOD SAFETY & WATER QUALITY DISTRICT

1880 NE ELROD DRIVE

PORTLAND, OR 97211

Request for Proposals ("RFP")

ENVIRONMENTAL PERMITTING ON CALL SERVICES

RFP No. S-Q10054-00018080

Pre-Qualification:

Not Required

Pre-Proposal Conference:

No pre-proposal conference will be held for this solicitation.

RFP Availability:

This RFP is available electronically through the OregonBuys website at https://oregonbuys.gov/bso. Interested parties must be registered with OregonBuys to obtain and download documents. Registration is at no cost. Future notices regarding this solicitation, including solicitation addenda, will be posted to OregonBuys. See the State Procurement OregonBuys website at https://oregonbuys.gov/bso for additional information regarding use of the OregonBuys system.

Proposals Due: Not later than 2:00 P.M. PST, October 30, 2026 Late proposals will not be accepted or considered.

Submit Proposals to: https://oregonbuys.gov/bso/

Direct Questions to:

Procurement Contact: Nicole Handley, Contract Administrator Email: NHANDLEY@URBANFLOODSAFETYOR.GOV Phone: (971) 378-2078 Questions can be submitted to the OregonBuys Q&A Tab Deadline for Questions/Solicitation Protests: October 16, 2026 at 4:00 p.m https://oregonbuys.gov/bso https://oregonbuys.gov/bso

-2-

Proposal Documents:

RFP

Attachment A: Form of Proposed Contract

Attachment B: Proposer Information Form/Certifications

Attachment C: Certification Statement for Corporation or Independent Contractor

Attachment D: Insurance Requirements

Attachment E: Workers’ Compensation Exemption Certificate

Attachment F: Affidavit of Non-Collusion

Attachment G: References

1. Introduction

The Urban Flood Safety & Water Quality District (“UFSWQD” and “District”), seeks written proposals from qualified vendors able to provide environmental permitting services (“Services”) including multi-jurisdictional permitting and code compliance services on an on-call, task order basis.

District will screen and select proposers as provided in ORS 279C.110. The District intends to award up to two (2) On-Call Price Agreements as a result of this RFP with a shared total amount of $500,000.

Actual services performed pursuant to any contract awarded under this RFP will be on a task-by-task basis and will be requested by District in a written task order. Each task order will contain a detailed statement of work, performance schedule, and maximum level of compensation. In the event that the District awards more than one contract under this RFP, task orders will be assigned based on availability, expertise, and pricing considerations. District will (a) refer back to information provided in the written proposals and interviews (if applicable) provided in response to this RFP and (b) subject to the requirements of ORS 279C.110, additional information District may require to assess availability, expertise, and pricing for a particular task order. The contract term will be five (5) years with options to renew for up to three (3) additional years.

Some projects under the service agreement(s) are funded in part with a financial award from the Special Public Works Fund – Levee Grant Fund, funded by the Oregon State Lottery and administered by the Oregon Infrastructure Finance Authority.

1.1 About District

The Urban Flood Safety & Water Quality District was created by the Oregon State Legislature during the 2019 legislative session to modernize the management of the 27

-3-miles of levee and water conveyance system that spans North Portland, Gresham, Fairview, and Troutdale. This special district replaced the four independent Drainage Districts, each of which managed sections of the system. The UFSWQD was established to provide a safer, more modern and sustainable way to manage flood safety along the Columbia River in the Portland metropolitan region. The UFSWQD continues the work of the four legacy drainage districts, and takes on new services, including:

• Contributing to improved water quality, fish and wildlife habitat, floodplain restoration and landscape resilience in the managed floodplain;

• Promoting equity and social justice in all aspects of the District’s operations;

• Preparing for and adapting to the impacts of climate change in relation to the managed floodplain;

• Providing the public with information regarding the infrastructure and the history of the managed floodplain.

A complete version of ORS 550 is located on the state’s website, https://www.oregonlegislature.gov/bills_laws/ors/ors550.html. The expectation is that this project design includes elements that advance these new UFSWQD services.

1.2 Timeline/Deadlines

ACTIVITY DATE

Issuance of Request for Proposal September 28, 2026 Deadline for Questions/Clarifications/RFP Protests October 16, 2026 at 4:00 PM Deadline for Addenda October 23, 2026 at 4:00 PM Deadline to Withdraw from RFP Process October 30, 2026 Deadline for Submission of Proposal October 30, 2026 at 2:00 PM Initial Evaluation of Proposal November 2 – November 13, 2026 Interviews (Up to 4 time slots, if required) November 19-24, 2026 Notice of Intent to Award November 25, 2026 Deadline for Filing Protest of Award December 9, 2026 Board Approval December 17, 2026 Contract Kickoff December 21, 2026

The District reserves the right to deviate from this schedule.

1.3 RFP Clarifications and Protests; Addenda

(a) Informal Questions or Requests for Clarification

Any Proposer requiring clarification of the information provided in this RFP may submit specific questions or comments in writing to OregonBuys via Q&A tab. The deadline for submitting such questions is set forth in Section 1.3.

https://www.oregonlegislature.gov/bills_laws/ors/ors550.html

-4-

(b) Request for Clarification or Protest of Solicitation or Contract Documents

Any Proposer wishing to protest this RFP or request clarification of any provision, specification, or contract term contained in the solicitation documents, must submit such questions, comments, or protests to:

Procurement Official: Nicole Handley

Email: nhandley@urbanfloodsafetyor.gov

The deadline for submitting such protests is set forth in Section 1.3.

(c) Content of Solicitation Protest/Request for Clarification

The prospective Proposer's written request for clarification or protest of the RFP must include all of the following and otherwise comply with

OAR 137-048-0240(1):

(i) Sufficient information to identify the solicitation that is the subject of the protest or request;

(ii) The reasons for the protest or request, including any grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, or is legally flawed;

(iii) Evidence or supporting documentation that supports the grounds on which the protest is based; and

(iv) 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 or request.

(d) Addenda

If the District determines that a change or clarification to the solicitation documents is necessary, such information, clarification, or interpretation will be supplied in a written addendum, posted on OregonBuys.

Those who have registered their interest in the solicitation through OregonBuys be notified of addenda via email by OregonBuys. Addenda will have the same binding effect as though contained in this RFP. The Procurement Official will issue all addenda. Unless otherwise specified within an addendum, District’s issuance of addenda will not extend the proposal due date and time. Minor clerical errors related to or within addenda issued by District, including clerical errors in an addendum’s mailto:nhandley@urbanfloodsafetyor.gov

-5-numbering or title, do not remove the responsibility of the proposer to acknowledge all addenda. If there are any questions related to the contents of the addenda, or how to interpret them, it is the responsibility of the Proposer to elevate those concerns for the District’s consideration.

Statements made by the District's representatives are not binding on the District unless confirmed by a written addendum.

(e) Extension of Closing

The District may extend the proposal due date and time set forth in Section 1.3 if it determines an extension is necessary to consider and respond to a properly filed protest under this Section 1.4.

2. Scope of Work

Consultant or consultant teams will generally perform the following services as requested by the District. Requested services may vary on a task-by-task basis and are not limited to the following examples provided below.

2.1 Permitting and Code Compliance – Provide strategic, technical, and administrative support related environmental permitting and land use review from early project conception through design, construction, compliance, and closeout.

Services may include:

(a) Provide strategic direction and advice to help the District navigate complex state and federal permitting processes and local land use processes and codes.

(b) Review proposed projects, maintenance activities, and operational needs to identify required permits, reviews, consultations, approvals, and potential exemptions.

(c) Respond to questions and provide timely advice regarding the applicability, interpretation, and interaction of local, state, and federal environmental requirements.

(d) Identify and evaluate alternative regulatory pathways, including exemptions, programmatic approvals, general permits, emergency authorizations, maintenance provisions, or other streamlined processes that may apply to District activities.

(e) Incorporate permitting requirements, agency review periods, mitigation obligations, and anticipated costs into project scopes, schedules, budgets, alternatives analyses, and risk assessments.

(f) Prepare, coordinate, submit, and manage environmental permit and land use applications and supporting materials, including narratives, findings, -6-technical memoranda, maps, exhibits, and responses to agency requests for additional information.

(g) Assist the District in obtaining environmental permits or approvals from local, state, and federal agencies, including (not limited to): City of Portland (Bureau of Development Services and Urban Forestry), Multnomah County, United States Army Corps of Engineers (“USACE”), Department of Land Conservation and Development (“DLCD”), Department of Environmental Quality (“DEQ”), State Historic Preservation Office (SHPO), Department of State Lands (“DSL”), Oregon Department of Fish and Wildlife (“ODFW”), U.S. Fish and Wildlife Servies (USFWS), and National Marine Fisheries Service (“NMFS”).

(h) Coordinate and facilitate pre-application conferences, agency meetings, technical work sessions, site visits, public hearings, and other regulatory coordination activities as needed.

(i) Collect and analyze data associated with planning or permit submittals.

Prepare maps, figures, exhibits, and supporting documents using Geographic Information System (“GIS”) data and other relevant technology. Provide final spatial data in District-compatible formats with supporting metadata.

(j) Conduct impact analyses and develop site-specific mitigation plans when necessary. Develop options for compensatory mitigation and estimate mitigation costs.

(k) Translate permit conditions and regulatory commitments into clear instructions for design, construction, operations, maintenance, monitoring, and reporting, and communicate those requirements to District staff, consultants, contractors, property owners, and other affected parties.

(l) Provide permitting and compliance support through project closeout, including reviewing plans and submittals, coordinating with agencies, supporting field compliance, preparing required reports, and documenting completion of permit obligations.

2.2 Regulatory and Policy Advisory Services - Provide strategic advice and direction related to environmental permitting and land use code. Services may include:

(a) Monitor relevant rulemaking, legislative, code amendment, planning, and policy processes, including changes to local, state, and federal regulatory programs and the City of Portland’s environmental overlay zone —and evaluate the potential operational, policy, financial, schedule, and project-delivery implications for the District.

-7-

(b) Prepare briefings, recommendations, technical comments, testimony, presentations, and correspondence, and represent or support the District at hearings, agency meetings, advisory committees, and community meetings, as directed.

(c) Support District Staff with presentations, briefings, guidance, and training for District staff, the board, consultants, contractors, property owners, partners, regulatory agencies, and other audiences.

(d) Develop tools, procedures, templates, and training materials to strengthen and standardize the District’s environmental permitting practices.

2.3 Wetland & Water Services – Conduct or coordinate wetland and other water delineations or determinations and related technical work in accordance with applicable agency requirements. Services may include:

(a) Plan and conduct wetland and waters investigations, including reviewing available information, coordinating site access and fieldwork, and completing wetland delineations or determinations, ordinary high-water evaluations, impact analyses (e.g., SFAM and ORWAP), and other assessments of aquatic resources.

(b) Permit, conduct, and submit reports for fish salvage operations.

(c) Prepare and, when authorized, submit agency-ready reports, forms, figures, field data, and supporting documentation. Respond to agency questions and provide boundaries and related data in editable, District-compatible GIS formats.

(d) Apply findings to project design, impact calculations, avoidance and minimization measures, permitting strategies, and mitigation planning.

2.4 Other related services, as needed.

3. Proposal Format, Content, and Submission

3.1 Proposal Format

District proposal standards:

(a) Proposal includes a one-page cover letter (included in the page count) as the first page of the proposal. Please include your primary contact information (including preferred email), active business license number, and indicate whether your firm or any subcontractors are COBID certified.

-8-

(b) Proposal includes Attachments B, C, E, F, and G

(c) Proposal addresses all evaluation criteria in the order presented in Section 3.4

(d) Proposal may not exceed 12 pages in length, not including reports, resumes, and like attachments. Please limit resumes to one page each.

Please do not include sales or promotional materials as part of proposal, unless requested.

3.2 Attachments: Proposer Certifications and Representations

Each proposal will include a completed Attachments B, C, E, F, and G, signed electronically. Acceptable forms of electronic signature include a scanned copy of a handwritten signature on each respective Attachment form or a signature made on each Attachment form using Adobe’s Fill and Sign Digital Signature.

3.3 Proposal Content

Proposals must provide all information requested and required under this RFP.

Proposals that do not provide all such information may be rejected as non-responsive.

3.4 Proposal Responses to Evaluation Criteria

Each proposal must address each of the following Evaluation Criteria completely, and in the order provided:

Written Evaluation Criteria

1. Proposing Firm’s structure and key personnel qualifications related to preferred qualifications.

a. Identify key personnel with prime and sub-contractors.

Provide the following for project team members:

• Education, background, directly related work experience, professional development and licenses.

• Describe their unique qualifications.

• Describe their roles and responsibilities on projects.

b. Provide current resumes for key personnel. Include any relevant licenses and/or certifications. (Note: Resumes may be included as an appendix and would then not be included in the Proposal page count).

c. Describe how your team structure benefits this scope of work and how your firm will manage staffing and project

Maximum Points Available: 10

-9-management (e.g., tracking budgets and timelines, quality control, lines of authority etc.) for assignments that range from specific questions about regulations to complex, multi-disciplinary permitting efforts.

2. Proposing firm’s experience with environmental permitting and land use services.

a. Describe your firm’s experience providing environmental permitting and land use services similar in scope and complexity to those outlined in this RFP.

b. Provide examples of how the individuals on this team have successfully completed work outlined in the Scope of Work for this submittal, specifically:

• Two (2) examples of permitting in-water work in salmonoid habitat;

• Two (2) examples of obtaining permits with the City of Portland’s environmental zones, tree code, and/or plan districts.

• Two (2) examples of identifying and applying exemptions, examples related to flood control or special districts are preferred.

• Two (2) examples of strategic advising or support for clients related to advocacy for proposed changes in a land use or environmental regulatory program.

Examples that address multiple categories are encouraged.

Identify which key personnel were involved with each example.

c. Provide a table showing the types of land use review and approval the individuals on this team have successfully obtained during projects in the last 10 years:

• City of Portland

• City of Fairview

• City of Gresham

• City of Troutdale

d. Provide a table showing the types of permits, assessments, or approvals that individuals on this team have successfully obtained/completed during projects in the last ten years, include:

Available: 40

-10-

• DSL Removal Fill

• USACE Section 404

• Oregon Rapid Wetland Assessment Protocol

(ORWAP)

• Stream Functional Assessment Methodology

(SFAM)

• Fish salvage

• ODFW Fish Passage

• State Historic Preservation Office

• US Fish and Wildlife Service consultation

• National Marine Fisheries Service consultation

3. Understanding of Requested Services, Approach and Implementation

a. Provide an overview of how your project team would approach the work outlined in the Scope of Work for this RFP. How does your firm ensure capacity to handle both urgent and long-term projects, particularly within varying timelines, while maintaining high-quality standards?

b. Describe your understanding of the District’s authorities, facilities, operations, and regulatory setting, including the requirements, exemptions, and approval pathways that may apply to the District’s flood safety, drainage, water quality, and habitat projects.

c. Summarize your general approach to securing permits on behalf of clients and how you can help the District navigate permitting and land uses processes strategically, sequence permitting and design work, coordinate with multiple agencies and consultants, obtain permits efficiently, avoid surprises, minimize costs and delays, and retain good relationships.

d. Explain challenges the District might face in addressing land use and environmental permitting needs and why your team is well-suited to address these.

Maximum Points Available: 30

4. Value and Cost

a. Provide hourly rates for all individuals expected to work on this contract from all firms named in the proposal.

-11-

b. Describe how your firm will staff individual task orders with the appropriate type and level of expertise to provide good value to the District.

Address how work will be allocated among senior staff, project-level staff, junior staff, and subconsultants; how senior expertise will be available when needed without unnecessarily increasing costs; and how staffing will be adjusted as an assignment evolves.

5. Community Outreach and Commitment to Environmental Sustainability

Please provide responses to the following questions.

a. Describe your firm’s mission and goals and provide examples of how you address your goals. (5 pts)

b. Describe how your team strives to lessen environmental impacts. (5 points)

Total Points Available: 100

Interview Evaluation Criteria

Project Team: proposed key staff and subcontractor qualifications, and their capacity

Maximum Points Available: 20

Project Approach

Available: 30

Proposer’s Capabilities and Experience

Available: 50

Total Points Available: 100

-12-

3.5 Proposal Submission

Proposals must be delivered to OregonBuys no later than the due date and time set forth in Section 1. Proposals not received by the due date and time will be considered late. Proposer is encouraged to save a confirmation receipt after uploading their proposal to OregonBuys. District will reject all late proposals.

Proposers assumes the risk of premature disclosure of any proposal submission due to submission in an unsecure form.

In the event of a failure of District’s system for electronic submission of proposals that interferes with the ability of Proposers to submit electronic proposals, protest, or otherwise participate in this RFP, District may cancel this RFP of may extend the proposal due date and time.

Proposals are due no later than the due date and time as set forth in Section 1.3 to the official and at the location set forth on page 1 of this RFP.

3.6 Proposal Withdrawal

A Proposal may be withdrawn in person with proper identification, or by issuing a written request on company letterhead, signed by an authorized representative, and received by the District prior to 2:00 pm PST, on deadline to withdraw from the proposal process set forth in Section 1.3 above.

3.7 Confidential Information

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 under ORS

192.338 to 192.355, or other applicable law.

Pursuant to ORS 279C.107, the District need not open proposals for public inspection until after execution of the contract(s) awarded under this section.

Thereafter, the District will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations:

The Proposer must mark all proposal pages containing the records it has determined as confidential under Oregon Public Records Law and must segregate those pages in the following manner:

(a) Such pages must be clearly marked "Confidential" on each page of the confidential document.

(b) Proposer must separate confidential pages from its other proposal pages by providing the confidential pages to District in a separate e-mail file attachment.

-13-

(c) In its proposal, Proposer must cite the specific statutory exemption in Oregon Records Law exempting such pages from disclosure.

(d) Subsections (a) and (b) above will prevail in the event these provisions conflict with formatting or response instructions elsewhere in this document.

(e) 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 required under subsection (b) 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 Multnomah County District Attorney or a court of competent jurisdiction.

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

4. Proposal Evaluation and Award

4.1 Clarification of Responses

In the event that one or more proposals are in need of clarification, the District will request such clarification in writing and will afford the Proposer(s) contacted an opportunity to respond in kind, with the necessary clarification.

4.2 Site Visits/Informational Activities

At any point before or after the opening of proposals, the District may conduct site visits, demonstrations, informational and group activities with Proposers for the purpose of clarification to ensure full understanding of, and responsiveness to, the solicitation documents or to consider and respond to requests for modifications to the proposal requirements. The District will use procedures designed to accord Proposers fair and equal treatment with respect to any opportunity for discussion and revisions of proposals.

4.3 Proposal Evaluation

The evaluation process of this RFP will be comprised of a

• A written proposal.

• Interviews (should the District determine they are required).

-14-

An Evaluation Committee, consisting of not less than three individuals, will evaluate the proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria. The District may assign certain evaluators specific evaluation criteria, in alignment with the evaluator's expertise.

(a) Written Proposal Evaluation – Proposal Phase 1

(i) Each evaluator will independently score proposals in accordance with the Evaluation Criteria.

(ii) The District will average the written proposal scores per category and then sum the category averages for a total written evaluation score for each proposal.

(b) Invitation for Interview

(i) After scoring the written proposals under Section 4.3(a) of this RFP, the Evaluation Committee may conduct interviews with one or more of the top-ranked proposers if the Evaluation Committee determines that interviews are necessary or desirable in its sole determination.

(ii) The number of proposers selected for interviews is at the sole discretion of the Evaluation Committee.

(iii) Proposers selected for interviews will be notified by the Evaluation Committee at least 5 business days in advance of the interview date.

(iv) No additions, deletions or substitutions may be made to proposals during the interviews/presentations that cannot be viewed as clarification.

(c) Interview Evaluation

(i) Each evaluator will score the interview evaluation criteria.

(ii) The District will average the interview scores per category and then will sum the category averages for a total interview evaluation score for each proposal.

(iii) The District will sum the written evaluation score and the total interview evaluation score to achieve a total score per proposer.

-15-

(d) References

The District reserves the right to investigate references, including customers other than those listed in a Proposer's submission. This inquiry may include without limitation investigation of past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and its lawful payment of employees and subcontractors.

4.4 Notification of Intent to Award

The District will notify Proposers of its Intent to Award on OregonBuys.

4.5 Negotiation

(a) After the District has issued the Notice of Intent to Award, the District will commence serial negotiations with the highest-ranked eligible Proposer.

(b) 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:

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

(ii) Further negotiations or negotiations with the eligible Proposer will not result in the parties agreeing to the terms and conditions of a final Contract in a timely manner.

(c) If the District terminates negotiations with an eligible Proposer, the District may then commence negotiations with the next highest-ranked eligible Proposer.

(d) The District reserves the right to negotiate final contract terms with the selected Proposer(s) to the fullest extent allowed by law and as in the best interest of the District, including a maximum compensation level that the District alone determines is fair and reasonable.

4.6 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.

-16-

5. Solicitation Terms and Conditions; Protest of Award

5.1 District Right to Cancel Solicitation

The District reserves the right to cancel this RFP at any time or to reject any and all proposals, if the District determines that doing so is in the public interest.

5.2 Proposer Cost of Response Preparation

Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP. The District is not liable to any Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a proposal.

5.3 Submitted Materials are District Property

All material submitted for any portion of a proposal in response to this RFP, or during any phase of this solicitation, will become the property of the District and will not be returned to Proposers.

5.4 Additional District Reservations

The District reserves the right to reject all proposals, to reject any proposal not in compliance with all prescribed procedures and requirements, to waive any or all irregularities in proposals submitted, and to award any or all items or services contained in a proposal.

5.5 Proposal Validity

Proposals will remain valid for a period of 75 days following the proposal submission deadline.

5.6 Sufficient Information.

All Proposers represent and warrant that by responding to this RFP, they have been sufficiently informed in all matters relating to the performance of services solicited under this RFP and its attachments. Prior to submitting a proposal, all Proposers will make a careful examination of this RFP and its provisions, including but not limited to all terms and conditions and specifications. Failure to take these precautions will not release a proposer from performing the services solicited under this RFP in strict accordance with the terms of any contract awarded as a result of this RFP.

-17-

5.7 Protests

(a) Protest of Contract Award

A Proposer may protest the Intent to Award a contract in accordance with OAR 137-048-0240, provided:

(i) 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

(ii) The reason for the protest is:

(1) All higher-ranked proposals (or, in the event multiple contracts are awarded, a sufficient number of proposals) are non-responsive or failed to meet the requirements of this RFP, or all higher-ranked proposers (or, in the event multiple contracts are awarded, a sufficient number of proposers) are not qualified to perform the services required under this RFP;

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

(3) The District has abused its discretion in rejecting the protestor's proposal as non-responsive or;

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

Address protest to:

PROTEST OF AWARD: RFP NO. S-Q10054-

00018080

Procurement Official: Nicole Handley Email: NHandley@urbanfloodsafetyor.gov

(5) All protests of Award must be in writing and received by the title of procurement official no later than 2:00 p.m. on the deadline for submitting such protests set forth in Section 1.3.

-18-

(6) Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for protest.

(7) Protests not filed within the time specified in paragraph 1 above, or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based will be dismissed. An issue that could have been raised by request for clarification or protest of the solicitation is not a ground for protest of award.

(b) The District will resolve all protests in accordance with OAR 137-048- 0240(3).

6. Contract Terms and Conditions

6.1 Contract Award and Term

The District intends to award up to two (2) contracts as a result of this RFP.

6.2 District Contract

Proposers are advised to thoroughly review and familiarize themselves with the District sample standard contract incorporated as Attachment A.

The successful Proposer will be invited to enter into a contract in substantially the form attached hereto as Attachment A.

Any contract resulting from this RFP will be based on the RFP documents and in compliance with the District Public Contracting Rules and the Public Contracting Code.

6.3 Insurance

Proposers are advised to carefully review the insurance requirements contained in Attachment D. Proposer will promptly provide Certificates of Insurance at the District's request.

7/2024 approved to form

ON-CALL PERSONAL SERVICES PRICE AGREEMENT

between

URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT

and

CONTRACTOR NAME

For

ENVIRONMENTAL PERMITTING ON CALL SERVICES

Agreement Number: UFD-XXXX-XX-PSA

This On-Call Personal Services Price Agreement (“Agreement”) is made by and between the URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT, an Oregon special district created under ORS 550 ("DISTRICT"), and [FULL LEGAL NAME OF CONTRACTOR] ("Contractor"), a _________ corporation by and through their duly authorized representatives, for (insert description of services). This Agreement may refer to the DISTRICT and Contractor individually as a “Party” or jointly as the “Parties”.

Recitals:

WHEREAS, to further its operations, the DISTRICT desires to ________; and

WHEREAS, Contractor, in its Proposal dated ________ and submitted in response to the DISTRICT’S RFP/ITB number ___________ represented that it has the knowledge, experience, and expertise in (identify what) and;

WHEREAS, the DISTRICT selected Contractor based on its Proposal;

The Parties agree as follows:

Effective Date and Termination. The effective date of this Agreement is [insert date] or the date on which each Party has signed this Agreement, whichever is later (the “Effective Date”).

Unless earlier terminated as provided below, the termination date is [insert date] (“Termination Date”).

The total Compensation Cap amount under this Agreement shall be $____.

ATTACHMENT A

SAMPLE CONTRACT

TERMS AND CONDITIONS

1. Initial Information

a. Party Contacts.Contractor’s and DISTRICT’S Point of Contact for this Agreement are:

Urban Flood Safety and Water Quality District Contractor:

Name: Name:

Title: Title:

Address: Address:

City, State: City, State:

e-mail: e-mail:

Copy to: Nicole Handley Copy to:

Procurement Services nhandley@urbanfloodsafetyor.gov

b. Agreement Renewal: This Agreement may be renewed upon mutual agreement of both Parties in writing up to five years from the initial execution of this Agreement.

c. Contractor's Contract to Provide Services. Contractor agrees to provide the DISTRICT with the Services described in Exhibit 1 (Statement of the Work) upon issuance of a Task Order from DISTRICT identifying a specific project (a “Project”), scope of work, schedule, and price (a “Task Order”). DISTRICT, however, has no obligation to issue any Task Orders to Contractor under this Agreement. All Task Orders, contracts, purchase orders, accepted proposals, and requests for Services issued by DISTRICT to Contractor under this Agreement are subject to and governed by this Agreement, and this Agreement is incorporated into each Task Order. Although all Services are subject to this Agreement, the Parties will create a Task Order for any Services as a prerequisite for any payment to the Contractor for Services.

d. Changes to Agreement.

1. Amendment of the Agreement. Any changes to the provisions of this Agreement shall be in the form of an Amendment. No provision of this Agreement may be amended unless such Amendment is approved and executed in writing by authorized representatives of the Parties.

2. Change Orders to a Statement of Work. The DISTRICT and Contractor can agree to make changes, at any time to a Statement of Work or Task Order in the form of a Change Order. Contractor agrees to timely alter the delivery of Goods or Services accordingly. If such changes materially increases Contractor’s obligations, the Parties shall execute an Amendment to the Agreement; the Parties shall negotiate in good faith a modified amount.

mailto:nhandley@mcdd.org e.Payment for Work. The DISTRICT agrees to pay Contractor in accordance with Exhibit 1.

f.Compensation Cap. Each Task Order will include a not-to-exceed budget for a Project, including reimbursable expenses (the “NTE Project Budget”). Each NTE Project Budget is subject to the Compensation Cap, and an NTE Project Budget, when added to the total sum of the NTE Project Budgets set forth under all previously issued Task Orders, may not exceed the Compensation Cap.

g.Exhibits. This Agreement includes the following Exhibits:

Exhibit 1: Statement of Work, Compensation, and Invoicing Requirements Exhibit 2: Insurance Requirements Exhibit 3: Certification Statement for Corporation or Independent Contractor Exhibit 4: Key Personnel and Contractor’s Rate Schedule Exhibit 5: Contractor’s Proposal Exhibit 6: General Grant Funding Terms and Conditions Exhibit 7: Sample Task Order h.Contract Documents. A Contract is created by the DISTRICT’S issuance, and the Contractor’s acceptance, of a Task Order. A Contract consists of the Contract Documents, which are as follows:

1. This Agreement;

2. A Task Order;

3. A proposal from the Contractor, as applicable, accepted in writing by DISTRICT only to the extent that it sets out the scope of any Services and an agreed-upon NTE Project Budget. No terms or conditions of a proposal from Contractor (including but not limited to any proposal that may be included as an exhibit or attachment to this Agreement) are incorporated into a Contract or into this Agreement to the extent that they address matters that are the subject of this Agreement;

4. Drawings, specifications, and addenda issued before the execution of a Task Order;

5. Other documents incorporated by the terms of the Contract Documents; and

6. Amendments issued after execution of the Contract.

i.Order of Precedence. The terms of any document that forms a Contract are subject to the following order of precedence:

1. Amendments;

2. Terms within a Task Order if the Task Order explicitly states that those terms

(1) “have been negotiated between the Parties and take precedence over any different or conflicting terms in this Agreement” and (2) “apply solely to the Contract formed by execution of this Task Order and do not extend to any Contracts beyond this Task Order”;

3. This Agreement (including its exhibits);

4. Task Orders;

5. Contractor’s proposal; and

6. Other documents incorporated by the terms of the Contract Documents.

A conflict in the Contract Documents shall be resolved in the priority listed above.

2.Time is of the Essence. Time is of the essence in the performance of this Agreement and each

Contract. Upon execution of a Task Order, Contractor shall begin providing Services and shall complete its performance in accordance with the Contract.

3.Subcontracts and Assignment. Contractor shall not subcontract any of the Services required under a Contract or assign or transfer any of its interest in this Agreement or a Contract, without the prior written consent of the DISTRICT, which may be withheld without cause. In addition to any other provisions the DISTRICT may require, Contractor shall require of any permitted subcontract under this Agreement or Contract, that the Subcontractor be bound by all the same terms and conditions of this Agreement or the Contract. Such sub-contracts are solely between the Contractor and the Subcontractor and shall not have any binding effect on the DISTRICT.

4.Other Contractors. The DISTRICT may undertake or award other contracts for additional or related work, and the Contractor shall fully cooperate with such other contractors and with any DISTRICT employees concerned with such additional or related work, and shall coordinate its performance under this Agreement and any Contract with such additional or related work. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by DISTRICT employees.

5.Independent Contractor Status. Contractor shall certify status as an independent contractor in accordance with Exhibit 3.

6.No Third-Party Beneficiaries. The DISTRICT and Contractor are the only Parties to this Agreement and are the only Parties entitled to enforce its terms. Nothing in this Agreement gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Agreement and expressly described as intended beneficiaries of this Agreement.

7.Successors in Interest. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and approved assigns, if any.

8.Nonperformance. In the event of nonperformance under this Agreement, the DISTRICT, after seven (7) days written notice, shall have the right to obtain from other sources such products, services, or both as may be required to accomplish the Services not performed, and it is agreed that the difference in cost, if any, for said work or products shall be borne by the Contractor. For purposes of this section, nonperformance shall be defined as failure to appear and perform the Services as specified and scheduled.

9.Early Termination. This Agreement, a Contract, or both may be terminated as follows unless otherwise specified herein:

a.The DISTRICT and Contractor, by mutual written agreement, may terminate this Agreement, an individual Contract, or both at any time.

b.The DISTRICT in its sole discretion may terminate this Agreement, an individual Contract, or both for any reason on 30 days written notice to Contractor.

c.Either the DISTRICT or Contractor may terminate this Agreement, an individual Contract, or both in the event of a breach of this Agreement, the individual Contract, or both, respectively, by the other. Prior to such termination, the Party seeking termination shall give to the other Party written notice of the breach and intent to terminate. If the Party committing the breach has not entirely cured the breach within 15 days of the date of the notice, then the Party giving the notice may terminate this Agreement, the Contract, or both, as applicable, at any time thereafter by giving a written notice of termination.

d.Notwithstanding Section 10(c), the DISTRICT may terminate this Agreement, an individual Contract, or both immediately by written notice to Contractor upon denial, suspension, revocation or non-renewal of any license, permit, or certificate that Contractor must hold to provide services under this Contract.

10.Payment of Invoices a.Method of Payment. Payment shall be made as provided in Exhibit 1. Contractor shall bill DISTRICT monthly as Services are performed in accordance with Exhibit 1. The DISTRICT makes payments via electronic fund transfers through the Automated Clearing House (ACH) network. To initiate payment of invoices, Contractor shall execute the DISTRICT’S standard ACH Vendor Payment Authorization Agreement.

Upon verification of the data provided, the ACH Vendor Payment Authorization Agreement will authorize the DISTRICT to deposit payment directly into specified Contractor accounts with specified financial institutions.

b.Payment on Early Termination. Upon termination pursuant to Section 9, payment shall be made as follows:

1. If terminated under Section 9, for the convenience of the DISTRICT, the DISTRICT shall pay Contractor for Services performed prior to the termination date if such Services were performed in accordance with the Contract. The DISTRICT shall not be liable for direct, indirect, or consequential damages. Termination shall not result in a waiver of any other claim the DISTRICT may have against Contractor.

2. If terminated under Section 9, by the Contractor due to a breach by the DISTRICT, then the DISTRICT shall pay the Contractor for Services performed prior to the termination date if such Services were performed in accordance with the Contract.

3. If terminated under Section 10 by the DISTRICT due to a breach by the Contractor, then the DISTRICT shall pay the Contractor for Services performed prior to the termination date provided such Services were performed in accordance with the Contract less any setoff to which the DISTRICT is entitled.

c.Escalation. Contractor may request an escalation of the compensation rates provided for herein to reflect actual increases in Contractor's cost to perform the Services. DISTRICT may audit Contractor's records to confirm the validity of any requested escalation.

Adjustments will not become effective until an amendment is executed by both Parties reflecting the change.

11.Project Funding. This Agreement is not currently using grant funding. If the DISTRICT acquires grant funding the DISTRICT may use the funds to pay for any portion of this Agreement. General grant terms and conditions are included as Exhibit 6.

12.Nondiscrimination (Required by ORS 279A.110). Contractor may not discriminate against a disadvantaged business enterprise, a minority-owned or women-owned business, an emerging small business certified under ORS 200.055, or a business that is owned by a service-disabled veteran. Additionally, Contractor must comply with all applicable requirements of federal and state civil-rights law and rehabilitation statutes and must not discriminate based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, source of income, or political affiliation in programs, activities, services, benefits, or employment.

13.Tax-Compliance Warranty (Required by ORS 279B.045). Contractor represents and warrants that it has complied with the applicable tax laws of the State of Oregon or a political subdivision of the State of Oregon (collectively, the “Tax Laws”), including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor covenants that it will continue to comply with the Tax Laws during the term of this Agreement.

Contractor’s failure to comply with the Tax Laws before the execution of this Agreement or during the term of this Agreement is a default for which DISTRICT may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law.

14.Payment of Laborers (Required by ORS 279B.220). The Contractor shall:

a.Make payment promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for under this Agreement;

b. Pay all contributions or amounts due the Industrial Accident Fund by the Contractor or subcontractors, if permitted, incurred in the performance of this Agreement;

c. Not permit any lien or claim to be filed or prosecuted against the DISTRICT on account of any labor or material furnished; and

d. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

1. If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to it by any person in connection with this Agreement as such claim becomes due, the DISTRICT may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of such Agreement.

2. The payment of a claim in this manner shall not relieve the Contractor or the Contractor's surety, if any, from obligation with respect to any unpaid claims.

15.Condition concerning salvaging, recycling, composting or Mulching Waste Material (Required by ORS 279B.225.) If this Agreement involves lawn or landscape maintenance, the Contractor shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible.

16.Hours of Labor (Required by ORS 279B.020, 279B.235).

a.Contractor shall not employ any person for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279A.055, the laborer shall be paid at least time and a half pay:

1. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; and

2. For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and

3. For work performed on Saturday and on any legal holiday specified in any applicable collective bargaining agreement or ORS 279B.020 (1)(b)(B) to (G).

b.The requirement to pay at least time and a half for all overtime worked in excess of 40 hours in any one week, does not apply to individuals who are excluded under ORS 653.010 to

653.261 or under 29 U.S.C. Section 201 to 209 from receiving overtime.

c.Contractor must give notice in writing to its employees who perform work under this Agreement, at the time of hire, before commencement of work under this Agreement, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees might be required to work.

d.Contractor must comply with ORS 652.220 (addressing the prohibition of discriminatory wage rates based on sex and of employer discrimination against an employee who is a complainant).