LANE COUNTY, OREGON

PUBLIC WORKS DEPARTMENT

WASTE MANAGEMENT DIVISION

REQUEST FOR PROPOSALS

(FOR ELECTRONIC SUBMISSION)

ENVIRONMENTAL CONSULTANT SERVICES

Contract [WM23/24-12]

PROPOSALS DUE:

4:00 pm, local time Thursday April 23, 2024

RFP – Environmental Consultant Services – Waste Management Division 1

CONTENTS

HEADING PAGE NUMBER

REQUEST FOR PROPOSALS 2

1. INVITATION TO SUBMIT PROPOSALS 2

2. PREPARATION AND SUBMISSION OF PROPOSALS 2

3. CLARIFICATION OR PROTESTS OF SOLICITATION DOCUMENTS 3

4. OPENING OF PROPOSALS 4

5. PROPOSAL EVALUATION AND AWARD 4

ATTACHMENT A – SCOPE OF SERVICES REQUIRED 6

ATTACHMENT B – REQUIRED ELEMENTS FOR PROPOSALS 7

ATTACHMENT C – PROPOSER STATEMENTS AND CERTIFICATIONS 8

ATTACHMENT D – SELECTION PROCEDURE AND SCORING 9

ATTACHMENT E – SAMPLE CONTRACT DOCUMENTS 11

RFP – Environmental Consultant Services – Waste Management Division 2

REQUEST FOR PROPOSALS

1. INVITATION TO SUBMIT PROPOSALS

Lane County will receive proposals for the Request for Proposals (RFP) for:

Environmental Consultant Services (WM23/24-12)

Until:

4:00 p.m., local time, Thursday, April 23, 2024.

Submitted to:

Jeffery Orlandini, Waste Management Division Manager jeffrey.orlandini@lanecountyor.gov.

Briefly, the work of the RFP includes environmental consultation services for the Lane County Public Works Waste Management Integrated Material and Energy Recovery Facility (IMERF), and other Lane County Waste Management projects as mutually agreed upon. Consultant’s work executed under this contract will be on a project-by-project basis as directed by independent Work Authorizations that identify specific project agreements and performance guidelines. The contract will be for a 2-year period from May 17, 2024 to May 17, 2026, with an option to extend for one additional year, and will be a not to exceed (NTE) $250,000 in total cost.

Proposals properly submitted and received will be opened immediately following the time proposals are due, and a list of the names of persons submitting proposals will be promptly sent to all such proposers, along with such other information as the public officer considers appropriate at the time.

To be considered, proposals must be submitted electronically in accordance with all the following instructions:

1. Proposals must be submitted as an attachment to an email, submitted to the email address stated above,

2. The subject line of the email must clearly identify the submission as a response to this specific RFP,

3. Unless otherwise stated in the Proposal Requirements, proposal documents may be submitted in PDF format only, and

4. Proposals must not include .zip files, and cannot be more than 30 megabytes in size.

Interested parties may download a complete set of RFP documents from the Lane County Procurement & Purchasing webpage at: www.lanecounty.org/bids.

The County may issue an addendum to modify or add to the terms of the RFP, or to change the time or date for submission of proposals. Any such addendum will be posted and may be downloaded from the Procurement & Purchasing webpage in the same location as the RFP posting. Each proposer is responsible to verify for itself if any addendum has been issued prior to submission of its proposal; the County is not responsible to notify individual prospective proposers of the issuance of an addendum. The requirements or clarifications contained in any addenda issued must be included in the proposals received and will become part of any resulting contract.

The County may reject any proposal not in compliance with all prescribed proposal procedures, requirements, rules, or laws, and may reject for good cause any and all proposals upon the County's finding that it is in the public interest to do so.

2. PREPARATION AND SUBMISSION OF PROPOSALS

2.1 Proposal Preparation. Proposers are responsible to read and understand all portion of the solicitation documents, including attachments and addenda, if any, and to include all requirements in their proposals.

To be responsive, proposals must be made in writing, and address the background, information, questions, criteria, and requests for information contained in the RFP. Proposals must be submitted in the required form and containing all required documents and responses, be signed by the proposer or its authorized representative, and submitted in the manner and number described in the Invitation to Submit Proposals.

2.2 Proposals Subject to Oregon Public Records Law. Proposals submitted in response to this RFP become public records under Oregon law and, following contract award, will be subject to disclosure to any person or organization that submits a public records request. Proposers are required to acknowledge that any mailto:jeffrey.orlandini@lanecountyor.gov http://www.lanecounty.org/bids

RFP – Environmental Consultant Services – Waste Management Division 3 proposal may be disclosed in its entirety to any person or organization making a records request, except for such information as may be exempt from disclosure under the law.

Each proposer must clearly identify all information included in its proposal that is claimed to be exempt from disclosure. If the County receives a records request, including subpoena, covering information the bidder believes is covered by an applicable public records exemption, it is the proposer’s responsibility to defend and indemnify the County for any costs associated with establishing such an exemption.

2.3 Proposal Submission. Proposals must be received by the time and date stated for receipt in the Invitation to Submit Proposals. To be considered, proposals must be submitted in the form and manner stated in the Invitation for Proposals, complete with a Proposer’s Statements & Certifications Form signed by the proposer or its authorized representative, responses to all criteria and requirements included in the RFP, other documents required to be submitted, if any, and contain the number of copies required.

By submitting a proposal, proposer acknowledges that the proposer has read and understands the terms and conditions applicable to this RFP, and accepts and agrees to be bound by the terms and conditions of the contract, including the obligation to perform the scope of work and meet the performance standards.

2.4 Correction, Withdrawal, and Late Submissions. A proposer may withdraw its proposal at any time prior to the deadline set for receipt of proposals, by email to the person identified for receipt of proposals, and may submit a new sealed proposal in the manner stated in the Invitation to Submit Proposals. The County will not consider proposals received after the time and date indicated for receipt of proposals. A proposer may not modify its proposal after it has been deposited with the public officer, other than to address minor informalities, unless the proposal is withdrawn and resubmitted as described above.

3. CLARIFICATION OR PROTESTS OF SOLICITATION DOCUMENTS

3.1 Clarifications. If a proposer finds discrepancies or omissions in the RFP documents, or is in doubt as to their meaning, the proposer must immediately notify the public officer designated for receipt of proposals or other person identified for submission of questions.

If the public officer believes a clarification is necessary, an addendum will be issued in writing not less than 48 hours prior to the deadline for receipt of proposals, and available on the County's Procurement & Purchasing webpage listed above. The addendum may postpone the date for submission of proposals.

The requirements or clarifications contained in any addenda so issued must be included in the proposals received and will become part of any resulting contract.

The apparent silence of the solicitation documents regarding any detail, or the apparent omission from the RFP of a detailed description concerning any point, means that only the best commercial or professional practice, material, or workmanship is to be used.

3.2 Protest of Solicitation Documents. A prospective proposer may protest the competitive selection process or provisions in the RFP documents if the prospective proposer believes the solicitation process is contrary to law or that a solicitation document is unnecessarily restrictive, legally flawed, or improperly specifies a brand name pursuant to the requirements of ORS 279B.405(2). Any written protest must be submitted to the public officer identified for receipt of proposals in the Invitation to Submit Proposals not less than 10 days prior to the deadline for submission of proposals.

Lane County will consider the protest if the protest is timely filed and contains all the following items:

• Sufficient information to identify the solicitation that is the subject of the protest;

• The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name;

• Evidence or supporting documentation that supports the grounds on which the protest is based; and

• The protest must state the changes to the procurement process or the solicitation document that the prospective proposer believes will remedy the conditions upon which the protest is based.

If the protest meets these requirements, the County will consider the protest and issue a decision in writing. If the protest does not meet these requirements, the County will promptly notify the prospective proposer that the protest is untimely or that the protest failed to meet these requirements and give the reasons for the failure. The County will issue its decision on the protest not less than 3 business days

RFP – Environmental Consultant Services – Waste Management Division 4 before proposals are due, unless a written determination is made by the County that circumstances exist that justify a shorter time limit.

4. OPENING OF PROPOSALS

4.1 Proposals Held Until Time for Opening. The County will not examine any proposal prior to opening. The public officer designated for receipt of proposals may, as time allows, verify that the response document(s) attached to a submission was received intact, and may, but is not required to, notify a proposer that an emailed submission was received in a defective form.

4.2 Late Submissions. Any proposal or modification received after the designated deadline will not be opened or considered.

4.3 Inspection of Proposals Submitted. The proposals submitted will be open to public inspection after the issuance of notice of intent to award, with the exception of any information covered by an exemption to disclosure.

5. PROPOSAL EVALUATION AND AWARD

5.1 Responsiveness. Proposals will be reviewed by the public officer for responsiveness to the minimum requirements established by the RFP, which include at a minimum, but are not limited to:

• Submission of a completed Proposer Statements & Certifications Form in the form included as

Attachment C.

• Compliance with proposal procedures, public contracting laws, and the requirements of the Lane

Manual.

• Application of any applicable preferences for goods and services that have been manufactured, produced or performed in Oregon (ORS 279A.120), resident bidders (ORS 279A.120), recycled materials (ORS 279A.125), or printing performed within the State (ORS 282.210).

5.2 Proposal Evaluation. The County will make the contract award based on the responsiveness of the actual proposals received to the requirements established in Attachments A and B, considering price, qualifications, experience, resources, proposed services, proposers' past record of performance for the County, and other factors identified in the RFP, as well as responses received from references, interviews, and follow-up questions, if any.

Each proposal will be evaluated by the evaluation committee on the basis of the process and scoring established in Attachment D. Based upon evaluation of the submitted proposals, the evaluation committee may choose to conduct interviews with two or more proposers with the highest-scored proposals. Interviews may include a presentation by the proposer and questions regarding the proposal and services to be provided. Specific criteria for selection interviews, if any, will be distributed at the time interviews are scheduled.

In evaluating the proposals and selecting a contractor, Lane County reserves the rights to:

• Reject any and all proposals,

• Issue subsequent Requests for Proposals for the same or similar goods or services,

• Not award a contract for the requested services,

• Waive any irregularities or informalities,

• Accept the proposal which the County deems to be the most beneficial to the public and Lane County,

• Negotiate with any proposer to further amend, modify, redefine or delineate its proposal,

• Negotiate and accept, without re-advertising, the proposal of the next-highest scored proposer, in the event that a contract cannot be successfully negotiated with the selected proposer, which may occur prior to the time a final recommendation for award is made for executive approval, and

• Further question any proposer to substantiate claims of experience, background knowledge, and ability.

5.3 Mistakes in Proposals. Minor informalities may be waived. Mistakes discovered after opening where the intended correct statement or amount is clearly evident or properly substantiated may be corrected.

Where the intended correct statement or amount is not clearly evident or cannot be substantiated by accompanying documents, and where the statement or amount is material to determining compliance with the minimum requirements of the RFP, the proposal may not be accepted. The County reserves the

RFP – Environmental Consultant Services – Waste Management Division 5 right to waive technical defects, discrepancies and minor irregularities, and to not award a contract when it finds such action to be in the public interest.

5.4 Notice of Award. The County will provide written notice of its intent to award to a given proposer or proposers at least 7 days before the award, unless the County determines that a shorter notice period is more practicable. Unless otherwise stated in the RFP documents, the Notice of Intent to Award will be given by posting the notice on the Procurement & Purchasing webpage in the same location as the RFP posting.

5.5 Protest of Intent to Award. Any proposer that submitted a proposal for the RFP and is not recommended for award may protest the County’s recommendation for award. To be considered, the protesting proposer must be eligible to be awarded the contract in the event that the protest is successful.

Determination on protests will be made by the decision maker, either the Board or the County Administrator, depending upon which has authority to execute the contract under County rules. To be considered, a protest must be submitted in writing and received within 7 calendar days after the Notice of Intent to Award is posted, and must contain the grounds for the protest in accordance with Lane Manual Chapter 20.730.

5.6 Rejection of Proposals. If all proposals are rejected, new proposals may be called for in a new solicitation, or the proposals received may be considered with an opportunity for supplemental submission from those proposers that submitted proposals, if the County finds that it is unlikely that re-advertising would lead to greater competition. The public officer is delegated the authority to reject all proposals, prepare findings of best interests, and provide written notice of rejection of all proposals.

RFP – Environmental Consultant Services – Waste Management Division 6

ATTACHMENT A – SCOPE OF SERVICES REQUIRED

1. INTRODUCTION, PURPOSE, AND SCHEDULE

Lane County Public Works Waste Management Division provides waste management services across the County.

Projects related to these services occasionally impact jurisdictional waters of the State and U.S., and other regulated environments, which may require permits, regulatory approvals, and implementation of mitigation measures to minimize landscape impacts. The Consultant’s work executed under this contract will be on a project-by-project basis as directed by independent Work Authorizations that identify specific project agreements and performance guidelines. Scope of work information is summarized below. This contract will be for a 2-year period from May 17, 2024 to May 17, 2026, with an option to extend for one additional year, and is estimated to be $250,000 in total cost.

The purpose of this RFP is to obtain environmental consultant services required to support environmental permitting activities associated with the development of an Integrated Material and Energy Recovery Facility (IMERF) and other Lane County Waste Management projects.

1.1 Integrated Material and Energy Recovery Facility (IMERF)

The proposed IMERF project area is located in the unincorporated community of Goshen in central Lane County between Interstate 5 and OR99E. The project area is comprised of five parcels totaling approximately 26.01 acres in size and is mapped on Lane County Tax Assessor’s Map Township 18 South, Range 03 West, Section 23-40, Tax Lots 101, 2401, 2500, and 1400, and Lane County Tax Assessor’s Map Township 18 South, Range 03 West, Section 24-00, Tax Lot 6100. Elevations within the APE range from 480-490 feet above mean sea level.

Lane County is in the process of permitting the construction of a building that will house IMERF processing equipment, while Bulk Handling Systems (BHS), a local manufacturer, will construct and install the processing equipment. The IMERF would be one of the most technologically advanced waste processing facilities in the country using technology and equipment designed by BHS. This facility will process municipal solid waste and commingled recycling to produce marketable recycling commodities, as well as biogas for transportation. It is anticipated that the facility will divert approximately 80,000 tons of material annually from the County’s landfill and will have the capability to serve as a regional recycling hub for southwest Oregon.

1.2 Other Lane County Waste Management Projects

The Waste Management Division currently provides waste management services through a network of transfer sites, closed landfills, and one active landfill (Short Mountain Landfill). Projects related to waste management operations occasionally impact jurisdictional waters and other regulated environments, which may require permits and/or other environmental studies and regulatory approvals.

1.3 Schedule

The following is a tentative schedule for the request for services proposal.

Date Activity April 09, 2024 Request for Proposals Issued April 18, 2024 RFP Written Questions Deadline April 23, 2024 Due Date for Proposals (Due by 4:00 pm, local time) May 14, 2024 Potential Board of County Commissioners Contract Approval May 17, 2024 Contract Execution

1.4 Last Day for Questions

The last day to submit questions is April 18, 2024. This will allow sufficient time for any addenda to be issued by the County to potential proposers. All questions must be submitted in writing via email to:

chad.hoffman@lanecountyor.gov.

mailto:chad.hoffman@lanecountyor.gov

RFP – Environmental Consultant Services – Waste Management Division 7

2. SCOPE OF SERVICES

Scope of environmental consultant services associated with this contract are summarized below and will be further defined through Work Authorizations issued under the contract, as described in Section 3 below.

2.1 Integrated Material and Energy Recovery Facility (IMERF) Wetland Fill/Removal Joint Permit Application (JPA) Development

Coordinate, prepare, and submit wetland fill/removal JPA materials for the County IMERF project, which may include, but not necessarily be limited to the tasks identified below.

2.1.1 Meetings & Agency Coordination. Coordinate project schedules and meetings with County staff, County authorized representatives, and various resource agencies for project design components, environmental site impacts, and mitigation alternatives.

2.1.2 IMERF Wetland JPA Fill/Removal Permit. Consultant shall prepare the following wetland permit components through a contract Work Authorization.

• Narrative description of the project activities both in and outside of wetlands, construction methods, etc.

• Wetland impact fill and removal volumes (both permanent and temporary).

• Project purpose and need statements.

• Description of wetland resources, which includes a summary of information from the County provided wetland delineation report, wetland functional and value assessment summary information (developed as part of the project wetland mitigation plan), and other environmental surveys.

• Project specific criteria and alternatives analysis (i.e., logistical, technical, financial constraints).

• Compensatory mitigation strategy and plan for unavoidable wetland impacts, including wetland function and value assessment reports.

• Wetland fill/removal drawing set (site plan, profiles, sections) showing impacted and avoided wetlands and other required JPA permit-specific information.

• Other wetland JPA permit components, including, but not limited to:

o County planning issued Zoning Determination (Land Use Compatibility Statement) o Erosion and Sediment Control Plan (ESCP) narrative and drawing set.

o Site Restoration Plan narrative and drawing set.

o Post Construction Stormwater Management Plan (i.e., DEQ 401 certification) narrative, modeling information, and drawing set.

2.1.3 County Provided Information. County shall provide the following information for the permit application materials.

• Wetland delineation report of findings and mapping.

• Rare plant and site existing vegetation survey results.

• Cultural resources assessment report of findings.

• Phase I environmental assessment.

• Historic aerial photography.

• CAD drawing base mapping and project design information.

2.2 Other Lane County Waste Management Projects

Provide services for other Lane County Waste Management environmental projects as mutually agreed upon through Work Authorizations initiated under this contract. Tasks to be completed during the term of this contract could include, but not necessarily be limited to: 1) Regulatory Agency Coordination, 2) Biological Surveys and Assessments / Evaluation of Threatened and Endangered Species Impacts, 3) Wetland Evaluations, 4) Assessment of Wetland/Stream Mitigation Strategies, Feasibility, and Site Design 5) Post Construction Stormwater Management

RFP – Environmental Consultant Services – Waste Management Division 8

Facility Design, 6) Erosion and Sediment Control Plans, and 7) Other Various Environmental Permit Application Development tasks.

3. WORK AUTHORIZATIONS

Consultant’s work under this contract will be defined on a project-by-project basis. Work may only commence on a project with a County-issued and fully executed Work Authorization (WA). The terms and conditions of the original contract govern all work performed pursuant to a WA unless otherwise specified. A sample WA is included in the Appendix E. Each project will have a maximum monetary limit that will be negotiated by County and the Consultant prior to commencement of any work. The maximum amount may only be exceeded upon prior written approval by County through an amended WA.

The Work Authorizations will describe a project specific scope of work that includes:

• Roles and responsibilities; tasks; deliverable(s), deliverable due date(s), performance guidelines for work acceptance, and task break down, showing hours per task, estimated cost per task, and staff classifications and names assigned to each task. Cost estimates for each work authorization shall be detailed using the Fee Schedule attached to the contract.

4. PROJECT COOPERATION

Consultant shall only be responsible for those obligations and deliverables identified as being assigned to Consultant (or its subconsultants) in this Contract and Work Authorizations. All work assigned to other entities, other than subconsultants, is not subject to this Contract, but shall be the subject of separate contracts which will contain the obligations of those entities. Any tasks or deliverables assigned to a subconsultant shall be construed as being the responsibility of Consultant. Any Consultant tasks or deliverables which are contingent upon receiving information, resources, assistance, or cooperation in any way from another entity (other than subconsultants) as described in Work Authorizations shall be subject to the following guidelines:

(a) At the first indication of non-cooperation, Consultant shall provide written notice to County’s Contract Administrator of the specific acts or inaction indicating non-cooperation and of any deliverables that may be delayed due to such lack of cooperation by other entities referenced in Work Authorizations.

(b) County’s Contract Administrator shall contact the non-cooperative entity/s to discuss the matter and attempt to correct the problem and expedite items determined to be delaying Consultant/Project.

If Consultant has followed the notification process described in section “a”, and delinquency or delay of any deliverable is found to be a result of the failure of other referenced entities to provide information, resources, assistance, or cooperation, as described in the Statement of Work, Consultant will not be found in breach or default with respect to delinquencies beyond any reasonable control of Consultant; nor shall Consultant be assessed or liable for any damages arising as a result of such delinquencies. Neither shall County be responsible or liable for any damages to Consultant as the result of such non-cooperation by other entities. County’s Contract Administrator will negotiate with Consultant in the best interest of the government, and may revise the delivery schedule to allow for delinquencies beyond any reasonable control of Consultant. Revised delivery dates beyond the expiration date require an amendment to the Contract.

5. GENERAL CONSULTANT AND COUNTY RESPONSIBILITIES

The selected Consultant will be responsible for all services outlined and agreed upon in Work Authorizations initiated under this Contract.

The Consultant shall:

(a) Perform each task described in Work Authorizations.

(b) Consult with County at each stage in work progress and coordinate with County staff as necessary and shall revise draft deliverables to incorporate draft review comments.

RFP – Environmental Consultant Services – Waste Management Division 9

(c) Incorporate comments within 10 business days from receipt by the County and return the revised deliverables to County staff unless a different timeframe is specified for specific tasks or otherwise agreed to in writing by the County.

(d) Maintain project schedule described in Work Authorizations.

(e) Submit progress statements with each billing.

(f) Comply with all other provisions of the Contract and Work Authorizations.

(g) Promptly furnish County with the originals or copies (as requested) of reports, drawings, field notes, designs, computations, surveys in a format that is compatible with the systems of the County (i.e., Microsoft Office, AutoCAD, GIS Files, Adobe Acrobat, etc.). Software standards and formats include but are not limited to the following:

• Each draft and final text-based or spreadsheet-based deliverable shall be provided in MS Office file formats (i.e., MS Word, Excel, etc.) and must be fully compatible with version used by the County.

• Consultant shall submit draft and final deliverables in electronic format via e-mail (and hard copy if requested).

• Consultant shall also submit any graphic files accompanying reports separately in .jpg or .tiff formats unless specified differently by Agency.

• Consultant’s software shall produce deliverables that are fully compatible, readable and useable by the County’s software, requiring no modification or translation of Consultant’s deliverables. No loss of data integrity or accuracy shall result from any transfer of data. Compressed data shall be in a "self-expanding executable" format. Additional format requirements may be listed elsewhere in Work Authorizations or in the Contract.

The County shall:

(a) Provide Consultant studies and documents pertaining to the site(s).

(b) Provide Consultant with requested data pertinent to Projects, as contained in County’s records.

(c) Obtain all Rights-of-Entry (“ROE”). Consultant shall not conduct any fieldwork outside of County right-of-way or property until all ROEs for private property have been obtained and are in field staff’s` possession.

RFP – Environmental Consultant Services – Waste Management Division 10

ATTACHMENT B – REQUIRED ELEMENTS OF PROPOSALS

1. PROPOSAL DOCUMENTS AND FORMAT.

1.1 Documents to be Submitted. The proposal submitted must include all the following:

• Responses to each of the required items stated under 1.2 below,

• A completed and executed Proposer Statements and Certifications form, and

• A statement of any exceptions taken to the requirements of this RFP.

1.2 Format Requirements. The proposal submitted must be in compliance with the following rules:

• Be in the order and numbering requested,

• Be submitted in the form and within the limitations stated in the Invitation to Submit Proposals,

• Contain primary text and headings in not less than 10 point type (with smaller text acceptable in notes, graphs, requested tables, and images), and

• Be limited to 50 pages, nominal 8.5" x 11" size. Pages used for a cover letter (which may not exceed two pages), section dividers, resumes, and exceptions are not included in the page limit.

2. REQUIRED RESPONSE CRITERIA. The proposal must address each of the following:

Proposers must submit a written document, providing with detail the following information and attachments, in the same order as requested below. Additional information, if provided, should be separately identified in the proposal.

2.1 Transmittal Letter and Proposal and Certification Form

(a) Cover Letter. Describe your interest in performing these services, identify the key personnel who will be involved with the project, and identify your firm's primary contact person for the project (with phone number and e-mail).

(b) Proposer must complete and submit the Proposal and Certification Form included with this RFP (Attachment C).

2.2 Experience and Qualifications

Demonstrate Proposer’s team qualifications and experience relating to the requested services. References may be included in the evaluation of this criterion. Response should address the following:

(a) Qualifications and relevant individual experience, including subcontractors. A statement identifying key staff and their qualifications (attached resumes are not included in the page limit), including identification of a Project Manager.

(b) Management and organizational structure.

(c) Experience as a team on similar or related types of Proposals and Project Manager’s experience with similar contracts and interdisciplinary teams.

(d) The firm’s ability to produce products in a timely fashion and the ability to present any necessary reports or studies to regulatory staff.

2.3 Performance Examples

(a) Similar projects, by type and size, that best characterize work quality and cost control.

(b) Internal procedures and/or policies related to work quality and cost control.

(c) Other on-going projects.

(d) References of at least three (3) clients with a total of at least six (6) project examples to demonstrate consultant’s/subcontractors’ satisfactory performance in terms of scope, schedule, and budget.

2.4 Availability & Familiarity with the Area

(a) Identify projects Project Manager and other staff have performed in Lane County / Willamette Valley area.

(b) Statement describing ability to carry out tasks in a timely manner, respond quickly to information requests, and make field visits within short notice.

RFP – Environmental Consultant Services – Waste Management Division 11

2.5 Supportive Information

(a) Proposer’s additional project support material (may include graphs, charts, photos, resumes, additional references, etc.).

(b) Narrative or other support materials that demonstrates understanding of procedures and requirements for a successful project and County/Consultant working relationship.

Fee information is not a requirement for the proposal. Fee information will not be solicited until after ranking of the Proposers. The County reserves the right to require the submittal of additional information that supplements or explains proposal materials. Submitted response materials will be evaluated as per the scoring schedule in Attachment D.

RFP – Environmental Consultant Services – Waste Management Division 12

ATTACHMENT C – PROPOSER’S STATEMENTS AND CERTIFICATIONS

Proposer's Name:

RFP Title:

PROPOSER STATEMENTS

Proposer's Offer. Proposer offers to provide the required services in accordance with the requirements of the Request for Proposals (RFP) stated above and the enclosed proposal. The undersigned Proposer declares that the Proposer has carefully examined the above-named Request for Proposals, and that, if this proposal is accepted, Proposer will execute a contract with the County to furnish the services of the proposal submitted with this form.

Proposer attests that the information provided is true and accurate to the best of the personal knowledge of the person signing this proposal, and that the person signing has the authority to represent the individual or organization in whose name this proposal is submitted.

Proposer's Acceptance of Terms and Conditions. By execution of this Form, the undersigned Proposer accepts all terms and conditions of this Request for Proposals except as modified in writing in its proposal. Proposer agrees that the offer made in this proposal will remain irrevocable for a period of 60 days from the date proposals are due.

Proposer's Acknowledgement of Public Records Law. By execution of this Form, the undersigned Proposer acknowledges that its entire proposal is subject to Oregon Public Records Law (ORS 192.410–192.505), and may be disclosed in its entirety to any person or organization making a records request, except for such information as may be exempt from disclosure under the law. Proposer agrees that all information included in this proposal that is claimed to be exempt from disclosure has been clearly identified either in the Proposer Statement, or in an itemization attached hereto. Proposer further acknowledges its responsibility to defend and indemnify the County for any costs associated with establishing a claimed exemption.

ADDENDA

Proposer has received and considered, in the accompanying proposal, the terms of the following addenda, if any:

CERTIFICATIONS

By signing this Proposer's Certification form, Proposer certifies that:

1. Certification of Resident Bidder Status. Proposer is _____is not _____ (check one) a resident bidder, as defined in ORS 279A.120.

2. Certification of Non-Discrimination. Proposer has not discriminated and will not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns, or an emerging small business that is certified under ORS 200.055.

3. Certification of Non-Collusion. This proposal is made without connection or agreement with any individual, firm, partnership, corporation, or other entity making a proposal for the same services, and is in all respects fair and free from collusion or collaboration with any other proposer.

4. Certification of Compliance with Tax Laws. Proposer has, to the best of Proposer's knowledge, complied with Oregon tax laws in the period prior to the submission of this proposal, including:

(a) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318,

(b) Any tax provisions imposed by a political subdivision of this state that applied to Proposer or its property, goods, services, operations, receipts, income, performance of or compensation for any work performed, and

(c) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

RFP – Environmental Consultant Services – Waste Management Division 13

The undersigned, by signature here, acknowledges, accepts, and certifies to the statements and certifications as stated above.

PROPOSER

Authorized signature Proposer’s legal name

Name of authorized signer Address

Title

Date Federal Tax ID number

OPTIONAL CONTACT INFORMATION REGARDING THIS PROPOSAL

Contact name

Telephone number

Email address

RFP – Environmental Consultant Services – Waste Management Division 14

ATTACHMENT D – SELECTION PROCEDURE AND SCORING

1. SELECTION COMMITTEE. The Selection Committee will be comprised of:

A minimum of three Lane County Public Works Waste Management staff.

2. EVALUATION PROCESS. The selection process for this RFP will include the procedures checked here:

Will include evaluation and scoring of initial proposal May Will Not (check one) include interviews of top-scored proposers May Will Not (check one) include a requirement for additional questions and responses from top-scored proposers May Will Not (check one) include competitive negotiations with top-scored proposers

Notwithstanding the selection procedures identified above, the County reserves the right to terminate the evaluation process after completion of any procedural stage when, in the County's sole opinion, further evaluation procedures are not required for the County to identify the proposer whose offer will best suit the interests of the County.

3. PROPOSAL SCORING. The County will score proposals according to the following criteria:

Criterion Points

1. Experience and Qualifications 35

2. Performance Examples 30

3. Availability & Familiarity with the Area 25

4. Supportive Information 10

Total Possible Points 100

4. SHORTLIST DETERMINATION. If the County is unable to make a determination of the best proposal based upon the proposal scoring, the County may invite up to three proposers to proceed to a further stage of evaluation as identified in A.2 above. If further stage is required, the proposal score Will Will Not (check one) be added to the proposal score. If not added to the proposal score, the score of this next stage may be used as the sole scoring method for selecting the proposer.

RFP – Environmental Consultant Services – Waste Management Division 15

ATTACHMENT E – SAMPLE CONTRACT AND INSURANCE REQUIRED

1. CONTRACT FORM. The contract resulting from this RFP will be prepared using the standard Lane County contract form checked here. The County’s standard contract forms may be downloaded from the Lane County Procurement & Purchasing webpage at: www.lanecounty.org/bids.

A-3 Professional (non-design) Services Contract form

2. INSURANCE REQUIREMENTS. The insurance requirements for the contract resulting from this RFP will be as stated on the following page, "INSURANCE COVERAGES REQUIRED".

3. PROPOSER COMMENTS ON CONTRACT FORM AND INSURANCE REQUIREMENTS.

Any proposer may take exception to conditions in the County’s contract form and insurance requirements by including such exceptions and any proposed changes with the proposal submitted.

The County will consider any proposed changes, inclusions, or exclusions in determining proposal responsiveness or in scoring the proposal.

http://www.lanecounty.org/bids

LC Contract Form A-3, Professional Services (non-design), with Exhibit B, rev. 02/01/2023

PROFESSIONAL SERVICES (NON‐DESIGN) CONTRACT (Contract Form A‐3)

(contract title)

This Contract is entered into by and between Lane County, a political subdivision of the State of Oregon (“County”), and _______________________________, a ________________________ (“Consultant”), each a “party,” and referred to collectively in this Contract as “the parties.” County and Consultant agree as follows:

1. STATEMENT OF WORK (the “Work”)

1.1 Consultant will perform

________________________________________________ in accordance with the requirements of this Contract.

1.2 The scope of Consultant's Work is further described in Exhibit A.

2. CONTRACT DOCUMENTS

2.1 The Contract. The Contract consists of this Contract Form and the following listed exhibits, which are incorporated into the Contract as referenced here. There are no other Contract documents unless specifically referenced in this Contract.

2.2 Exhibits. With this document, the following Exhibits are incorporated into the Contract:

• Exhibit A Consultant’s Proposal

• Exhibit B Standard County Professional Services (Non‐Design) Contract Conditions

• Exhibit C Insurance Coverages Required

2.3 Precedence. In the event of a conflict between the requirements of any documents listed in subsections 2.1 and 2.2 above, the conflict must be resolved in the following order of precedence: first, this Lane County Professional Services Contract Form, then in order: Exhibit C, Exhibit B, Exhibit A, other Exhibits.

3. CONSIDERATION AND PAYMENT

3.1 Consideration. In consideration for Consultant's performance, County agrees to pay Consultant’s fees in an amount not to exceed ____________________________, plus reimbursable expenses, calculated in accordance with the fee schedule ________________________. County is not obligated to pay any amount greater than that stated here.

3.2 Payment. Payment will be made periodically as the work progresses, not more than monthly, based upon a properly submitted and approved invoice from Consultant. Payments will customarily be made within 30 days. Prior to approval and payment, County may require, and if required Consultant must provide, any information which County deems necessary to verify work has been performed properly in accordance with the Contract.

4. EFFECTIVE DATE AND DURATION

4.1 Effective Date. Upon the signature of all parties, this Contract is effective .

4.2 Duration. Unless extended or terminated earlier in accordance with its terms, this Contract will terminate upon completion and acceptance of Consultant’s services. However, such expiration shall not extinguish or prejudice either party's right to enforce this Contract with respect to any breach or default in performance which has not been cured.

5. AUTHORIZED REPRESENTATIVES AND NOTICE. Each of the parties designates the following individuals as its authorized representative for administration of this Contract. Either party may designate a new authorized representative by written notice to the other.

5.1 County's Authorized Representative (name, title, telephone number, and email):

5.2 Consultant's Authorized Representative (name, title, telephone number, and email):

Any notice, demand, consent, approval, or other communication to be given under this Contract must be in writing and provided by email addressed to the party’s authorized representative, except as provided below in this section. However, if, in either party’s discretion, email is not the most appropriate method for providing notice, then notice may be provided by personal delivery;

certified mail, postage prepaid, return receipt requested; or nationally recognized overnight courier. The effective date of notice shall be: for notice by email, the date and time sent if sent between the hours of 8 am and 5 pm, otherwise effective at 8am the following Business Day; for notice delivered in person, the date and time of delivery; for notice by U.S. mail, three days after the date of certification; and for notice by overnight courier, the next business day after deposit with the courier. If no representative

6. MULTIPLE COUNTERPARTS. The Contract and any subsequent amendments may be executed in several counterparts, facsimile or otherwise, all of which when taken together will constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Contract and any amendments so executed will constitute an original.

7. SPECIAL CONTRACT PROVISIONS.

7.1 Compliance with Coronavirus Guidelines, Laws, Rules, and Orders. Each of the parties is aware of the COVID‐19 emergency and agrees that it is and will remain familiar with the CDC prevention guidelines and with federal, state, and local laws, rules, and orders regarding COVID‐19 throughout the term of this Contract, and will take all necessary precautions relating to COVID‐19, including those set out in the guidelines, laws, rules, and orders described in this paragraph. The parties have anticipated the costs of compliance with the present guidelines, rules, laws, and orders prior to entering into this Contract, and that no claim will be made by either party for such compliance.

7.2

SIGNATURES

CONSULTANT’S CERTIFICATIONS:

BY EXECUTION OF THIS CONTRACT, THE UNDERSIGNED CERTIFIES TO COUNTY THAT:

The undersigned person has the power and authority to execute this Contract on behalf of Consultant, and to bind Consultant to its terms, Consultant will, at all times during the term of this Contract, be qualified and professionally competent, and possess any licenses required to perform the Work, Consultant has not discriminated against minority, women or small business enterprises or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225, and

The Consultant has, to the best of its knowledge, complied with Oregon tax laws in the period prior to the execution of this Contract, and will continue to comply with such laws during the entire term of this Contract, including:

(a) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318,

(b) Any tax provisions imposed by a political subdivision of this state that applied to Proposer or its property, goods, services, operations, receipts, income, performance of or compensation for any work performed, and

(c) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

Pursuant to ORS 305.385(6) and OAR 150‐305‐0302, the undersigned as Consultant hereby swears and affirms under penalty of perjury that, to best of my knowledge, Consultant is not in violation of any tax laws described in ORS 305.380 (4)(a).

EACH PARTY, BY EXECUTION OF THIS CONTRACT, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

CONSULTANT: COUNTY:

LANE COUNTY

By: By:

Title: Title:

Date: Date:

Address: Lane County, Public Service Building 125 E. 8th Avenue Eugene, Oregon 97401

Tax ID No.:

EXHIBIT B – STANDARD COUNTY PROFESSIONAL SERVICES (NON‐DESIGN) CONTRACT CONDITIONS

1. CONSULTANT’S STATUS. The performance of this Contract is at Consultant’s sole risk. The service or services to be rendered under this Contract are those of an independent contractor that is not an officer, employee or agent of the County as those terms are used in ORS 30.265. Consultant is solely liable for any workers' compensation coverage; social security, unemployment insurance or retirement payments; and federal or state taxes due as a result of payments under this Contract, whether due on account of Consultant or Consultant’s subcontractor, if any. Consultant is not employed by County, will not be under County's direct control, and will not be eligible for any Federal Social Security, State Workers' Compensation, unemployment insurance or Public Employees Retirement System benefits from this Contract.

2. INSURANCE AND INDEMNIFICATION

2.1 Consultant's Required Insurance. Consultant must provide and maintain all types and amounts of insurance called for on the Exhibit titled "Insurance Coverages Required" to be provided by the Consultant, and must notify Lane County Risk Management of any material reduction or exhaustion of aggregate limits. Consultant may not commence any work until Consultant furnishes evidence of all required insurance specified by the County, and has obtained the County's approval as to limits, form, and amount. Commercial General Liability and Auto Liability coverage must include an Additional Insured Endorsement naming the County and its officers, agents, and employees that includes completed operations, and which is primary and non‐contributory with any other insurance and self‐insurance.

2.2 Consultant to Maintain Insurance. Consultant may not cancel, materially change, or not renew insurance coverages. If any policy is canceled before final payment by County to Consultant, Consultant must immediately procure other insurance meeting the requirements. Any insurance bearing on adequacy of performance must be maintained after completion of the Contract. If Consultant fails to maintain any required insurance, County reserves the right to procure such insurance and to charge the cost to Consultant.

2.3 Workers' Compensation. Consultant, its subconsultants, subcontractors, and all employers working under this Contract are subject employers under the Oregon Workers' Compensation Law, and must comply with ORS 656.017 and provide Workers' Compensation coverage for all their subject workers unless exempt under ORS 656.126.

2.4 No Limitation. Nothing contained in these insurance requirements limits the extent of Consultant’s responsibility for payment of damages resulting from Consultant’s operation under this Contract.

2.5 Consultant's Indemnification. Except as provided in subsection 2.6 below, to the fullest extent permitted by law, and to the extent otherwise provided for in private contracts of insurance, Consultant shall indemnify, defend, and hold harmless the County and its officers, agents, and employees from all damages, losses, expenses, attorney fees and costs related to litigation, including judgments arising out of or resulting from Consultant's performance under this Contract.

2.5.1 Owner Defense Requirements. Notwithstanding the foregoing defense obligations, neither Consultant nor any attorney engaged by Consultant shall defend any claim in the name of County, nor purport to act as legal representative of County or any of its agencies, without the prior written consent of County.