K22128_100625_RFP_Attach_A_and_B.doc

Request for Proposals A&E and Related Services Issued by: Washington County (herein after referred to as “Agency”)

RFP Number: 2025.092-RFP

RFP Title/Project Name: Aloha Access Improvements: SW 174th Ave – SW 187th Ave Issue Date: 11/7/2025

PROPOSAL DUE DATE and TIME: 12/05/2025 by 5 PM PST Proposer Questions, RFP Protests, and Requests for Change: due via OpenGov no later than 7 calendar days prior to Proposal due date.

A pre-Proposal conference will not be held.

Issuing Office; Purchaser/Single Point of Contact Purchaser/Single Point of Contact for this RFP:

Kiersten Vanderhoof, Lead Procurement Analyst

Notes:

· This RFP is a Qualifications Based Selection (QBS) with Federal Highway Administration (FHWA) Funding.

· This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. See RFP section 0.1 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

Proposals and all other submittal requirements specified in RFP section 2.4 must be submitted before the Closing/Proposal due date and time via ( OpenGov (see RFP section 0.0).

Table of Contents 6Section 0.0 OPENGOV ePROCUREMENT SYSTEM

60.1 REGISTRATION REQUIREMENT and VENDOR GUIDANCE

0.2

CROSSWALK OF TERMSUSED IN OPENGOV………………………………………………

71.0

SOLICITATION PURPOSE & CONTRACT OVERVIEW

71.1

SUMMARY OVERVIEW & PROCUREMENT SCHEDULE

1.2 PROJECT BACKGROUND/SCOPE INFORMATION & LOCATION ……………………………………………………..7

91.3

PROJECT PHASES

91.4

PERIOD OF PERFORMANCE

91.5

QUANTITY OF CONTRACTS AWARDED & OFFER PERIOD

101.6

FUNDING SOURCE(S):

101.7

CONTRACT NOT TO EXCEED AMOUNT & METHOD OF COMPENSATION

101.8

DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PARTICIPATION GOAL

111.9

INSURANCE REQUIREMENTS

111.10

CONTRACT TERMS & CONDITIONS

112.0

INSTRUCTIONS TO PROPOSERS & SUBMITTAL REQUIREMENTS

112.1 PROPOSER QUESTIONS, RFP PROTESTS and REQUESTS FOR CHANGE

122.2

ADDENDA

122.3

MINIMUM QUALIFICATIONS

122.4

PROPOSAL & SUBMITTAL REQUIREMENTS

143.0

EVALUATION PROCESS & CONSULTANT SELECTION

143.1

PROPOSAL EVALUATION

143.2

EVALUATION CRITERIA

153.3

INTERVIEWS

163.4

REFERENCES

163.5

METHOD OF AWARD

163.6

RESPONSIBILITY DETERMINATION

163.7

INTENT TO AWARD NOTICE

163.8 PROTEST of CONSULTANT SELECTION

163.9

PUBLICITY

164.0

CONTRACT AWARD REQUIREMENTS & NEGOTIATIONS

174.1

COST INFORMATION

184.2

CERTIFICATION REGARDING DEBARMENT & OTHER RESPONSIBILITY MATTERS

184.3

CERTIFICATES OF INSURANCE

184.4

COMMITTED DBE BREAKDOWN & CERTIFICATION FORM

194.5

TAX ID NUMBER

194.6

BUSINESS REGISTRY NUMBER/REGISTERED AGENT

194.7

NEGOTIATIONS

195.0

GENERAL TERMS & CONDITIONS FOR THIS RFP

195.1

NON-DISCRIMINATION

195.2

FUTURE WORK LIMITATIONS

205.3

ELECTRONIC FILES LINKED OR ATTACHED TO RFP

205.4

PUBLIC RECORDS

205.5 USE of RECYCLED PRODUCTS

205.6

RFP CANCELLATION

22ATTACHMENT A - PROPOSAL COVER SHEET

25ATTACHMENT B – STATEMENT of WORK

25ATTACHMENT C – SAMPLE CONTRACT

Definition of Terms:

The following terms have the meaning provided in OAR 137-046-0110: “Addendum” or “Addenda”, “Business Day”, “Closing”, “Contract”, “OAR”, “ORS”, “Proposal”, “Request for Proposal” or “RFP”, “Responsive”, “Writing”. “Business Day” means Monday through Friday, excluding State of Oregon holidays.

Section 0.0 OPENGOV ePROCUREMENT SYSTEM 0.1 REGISTRATION REQUIREMENT and VENDOR GUIDANCE All vendors must be registered in OregonBuys to participate in this solicitation. Registration is free. To create a Vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see online guidance.

Vendors are responsible for ensuring that their Vendor registration and information is current and correct in OregonBuys. ODOT shall not be responsible for defective registration or incorrect Vendor information.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf.

0.2 CROSSWALK of TERMS used in OREGONBUYS

1.0

SOLICITATION PURPOSE & CONTRACT OVERVIEW

1.1

SUMMARY OVERVIEW & PROCUREMENT SCHEDULE

Agency is issuing this Request for Proposals and any Addenda thereto (collectively, the “RFP”) to obtain Proposals from qualified consultant(s) for preliminary engineering, design and related services (“Services”) for the project described in section 1.2.

For further information regarding the project and Services needed, see sections 1.2 through 1.10 and RFP Attachment B.

Proposers responding to this RFP do so solely at their expense, and Agency is not responsible for any Proposer expenses associated with the RFP.

*Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to accommodate the negotiation schedule above if selected for intent to award. See section 4.7 - Negotiations.

1.2

PROJECT BACKGROUND/SCOPE INFORMATION & LOCATION

The statement of work (SOW) will be developed and negotiated, within the scope advertised in this RFP, with the selected Proposer for inclusion in the Contract. A draft SOW is provided in RFP Attachment B, which will be negotiated with the selected Proposer for inclusion in the Contract.

Aloha Access Improvements: SW 174th Ave – SW 187th Ave

· Project location: Aloha, Oregon

· Estimated cost of the associated project construction: $3,292,485

· The scheduled bid-let date for the associated construction contract:

· Estimated date for completion of the A&E and Related Services required under this RFP:

· Estimated range of costs for the A&E and Related Services required under this RFP: $700,000 to $1,400,000

Aloha is an unincorporated community in Washington County, Oregon. The Aloha Access Improvements Project will design sidewalk infills on SW 187th Ave. between SW Johnson St. and SW Tualatin Valley Hwy., on SW 182nd Ave. between SW Johnson St. and SW Tualatin Valley Hwy., on SW 174th Ave. between SW Arborcrest Way and SW Tualatin Valley Hwy., and an enhanced pedestrian crossing of SW 185th at SW Cascade Dr.

The design of the sidewalk infills will first only be taken to a 30% level design. The project will follow criteria set by Metro which includes a sidewalk width and/or buffer for a minimum total of 8-feet. The buffer maybe a drainage ditch, parking or other acceptable proposals. Please refer the original grant application included in this RFP for more detail. The 30% level design will provide a detailed understanding of impacts and costs to deliver each of the 3 sidewalk infills. The Agency will seek recommendations from the consultant, but ultimately the decision will be made by the agency on whether all 3, 2 of the 3, or only 1 sidewalk infill will be delivered through right-of-way acquisition and construction with the available funding.

Stormwater will be a large factor with the sidewalk infills as well as the established trees along the roads. Stormwater is currently primarily managed through ditches along the road.

The enhanced pedestrian crossing of SW 185th Ave. at SW Cascade Dr. will be design and constructed. The previous crossing analysis for this intersection is provided as an attachment with this RFP.

1.3

PROJECT PHASES

Agency anticipates the contracted Services will be a phased development as follows:

Phase I – Preliminary Engineering and Design Acceptance;

· Phase II – Final Design. Phase II may be included in initial Contract or negotiated and added via amendment, depending on the clarity of level of effort required for Phase II – Final Design.

· Phase III - Construction contract administration, construction engineering and inspection (“CA/CEI”). Following Final Design, Agency may, at its discretion:

(a) negotiate and amend the Contract to include all CA/CEI Services (or various elements),

(b) complete various elements of construction oversight work with Agency’s in-house staff, or

(c) assign various elements of CA/CEI Phase to another consulting firm.

1.4

PERIOD OF PERFORMANCE

The schedule for performance of Services needed under the prospective Contract is approximately:

· March 2026to March 2028 for Phases I and II. Completion of Phase III, if applicable, is approximately December 2029.

1.5

QUANTITY OF CONTRACTS AWARDED & OFFER PERIOD

If award is made, it is anticipated that 1 Proposer will be selected for Contract award from this RFP.

A Proposer's Proposal is a firm offer, irrevocable, valid and binding on the Proposer for not less than 180 days following the Closing date for this RFP. Agency may request, either orally or in Writing, that Proposer extend the offer period in Writing.

1.6

FUNDING SOURCE(S):

This project is federally funded through the Regional Flexible Fund Allocation (RFFA) from Metro with Local matching funds.

1.7

CONTRACT NOT TO EXCEED AMOUNT & METHOD OF COMPENSATION

Proposers are advised that the award and potential dollar amount of the Contract, including as may be amended within the Scope of Work identified in this RFP, are contingent upon Agency receiving approval of funding for use under this RFP as determined by Agency in its sole discretion.

The anticipated value of the Contract awarded from this RFP is estimated to be in the range of:

$700,000 to $1,400,000

Contingent upon Agency’s need, Consultant’s performance, and the availability of approved funding, Agency reserves the right to amend the Contract (within the scope of the project described in this RFP) for additional tasks, project phases and compensation as necessary to complete the project.

The method of compensation will be determined by Agency and may be any of the following methods (may include more than one method – “Mixed”):

· Cost Plus Fixed-fee, up to a maximum NTE amount;

· Time and Materials, up to a maximum NTE amount;

· Fixed Price for all Services; Fixed Price per Deliverable; Fixed Price per Milestone;

1.8

DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PARTICIPATION GOAL

ODOT’s DBE Policy Statement is posted at the following Internet address: https://www.oregon.gov/ODOT/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx The DBE Policy Statement applies and is incorporated with the same force and effect as though fully set forth in this RFP.

See RFP Attachment C – Sample Contract, Exhibit E for:

· information on reporting requirements and how credit for DBE participation is determined (for goal and no-goal Contracts), and

· further explanation and description of the DBE program.

Proposers shall demonstrate ability to meet the DBE goal if one is assigned to the prospective Contract. Proposers should not assume that a minority-owned business(“MBE”), a woman-owned business (“WBE”), a business owned by a service-disabled veteran (“SDV”) or an emerging small business (“ESB”) currently certified in Oregon is a DBE firm. Proposers are encouraged to verify the DBE firms’ certification by:

· 1) requesting a copy of the DBE certification letter from the committed DBE firm; or

· 2) contacting the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) at (503) 986-0123. Proposers may also access the updated certification list by accessing COBID’s Internet Web Page address at:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp 1.9

INSURANCE REQUIREMENTS

See Attachment C - Sample Contract for the insurance requirements (Contract Exhibit C) and terms and conditions that will apply to the prospective Contract from this RFP.

1.10

CONTRACT TERMS & CONDITIONS

See Attachment C - Sample Contract, which is incorporated in the RFP by this reference, for the terms and conditions that will apply to the prospective Contract from this RFP. Unless an official Addendum has modified or reserved the right to negotiate any terms and conditions contained in the Sample Contract or exhibits thereto, Agency will not negotiate any term or condition after the solicitation protest deadline, except the SOW and pricing with the selected Proposer(s). Changes to standard Contract terms and conditions may be subject to approval by ODOT.

By Proposal submittal, the selected Proposer agrees to be bound by the terms and conditions as set out in the Sample Contract associated with this RFP, and as they may have been modified or reserved by Agency for negotiation. Any Proposal that is received conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate will be rejected.

2.0

INSTRUCTIONS TO PROPOSERS & SUBMITTAL REQUIREMENTS

2.1 PROPOSER QUESTIONS, RFP PROTESTS and REQUESTS FOR CHANGE All questions, RFP protests or requests for change relating to any aspect of this RFP or the associated project(s) must be submitted in Writing via the Question and Answer forms in OpenGov. RFP protests and requests for change submitted after the due date on page 1 of this RFP will not be considered. Any RFP protest or request for change must identify the RFP number, and project name it applies to and must be in conformance with requirements set forth in OAR 137-048-0240(1). The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of Addenda to the RFP, unless the Addenda specify a different deadline. Failing to follow the foregoing requirements regarding the Single Point of Contact for inquiries may result in Proposal rejection by Agency.

Answers to substantive questions and/or any changes to the RFP will be issued as official Addenda to this RFP, no later than 5 Business Days prior to the Proposal due date.

If a pre-Proposal conference is scheduled, it is so stated on page 1 of this RFP.

2.2

ADDENDA

When appropriate, as determined by Agency in its sole discretion, changes to Closing/Proposal due date and time or revisions, additions, substitutions, clarifications of the RFP or attached terms and conditions will be issued as Addenda to this RFP. Modifications to this RFP shall be binding on Agency and Proposer only if in the form of written Addenda issued by Agency. Any such Addenda are incorporated into this RFP as if fully set forth herein. Except for officially issued Addenda, no person has been authorized to provide any other written or oral representation, clarification, warranty or assurance with respect to this RFP or the project.

Agency shall advertise addenda, if any, on OpenGov. Anyone who has downloaded or received a copy of this RFP will only be alerted to the existence of any Addenda by monitoring and downloading from the above website. Agency is not responsible for sending Addenda to any potential Proposers.

2.3

MINIMUM QUALIFICATIONS

2.3.1 Registered Professional Engineer. In the space provided on the Proposal Cover Sheet (RFP Attachment A), list the name and registration number of at least one Oregon Registered Civil Engineer in active status (or that will be prior to Contract execution) employed by Proposer and proposed to be in responsible charge of engineering Services under the prospective Contract.

2.3.2 Registered Professional Land Surveyor (PLS). In the space provided on the Proposal Cover Sheet (RFP Attachment A), list the name and registration number of at least one PLS intending to perform Services under the Contract.

2.3.3 Maximum Subcontracting. Proposers are advised that, to be considered for award, the prime consultant must have qualified employees and capacity to self-perform (without subconsultant assistance) at least 51% of the Contract value for the proposed services (this does not apply to CA/CEI phase which may be subcontracted without the 51% self-performance requirement). The prime must have qualified employees to self-perform the Services and conduct quality control reviews of the core deliverables required under the Contract. For example, if a bridge design project includes some survey, environmental, and geotechnical services, Agency intends to select a firm with employees qualified to perform bridge design, instead of selecting a survey, environmental, or geotechnical firm that will subcontract the bridge design.

2.4

PROPOSAL & SUBMITTAL REQUIREMENTS

2.4.1 Time, Date and Place for Submission. Proposals and all required submittal items must be submitted via the Electronic Procurement System specified in section 0.0 of this RFP and received by the deadline specified on page 1 of this RFP (or such other deadline as may be revised by Addenda issued by Agency). Agency will not accept Proposals submitted after the Proposal submittal deadline.

If submittal by email or Electronic Procurement System is allowed under this RFP, in the event of a system failure that interferes with the ability of Proposer to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by issuing an Addendum immediately after the Electronic Procurement System or electronic mail system becomes available.

2.4.2 Proposal Page Limit. The Proposal is limited to 8 pages. Any pages exceeding this limit will not be considered in the evaluation. Items excluded and not counted as pages toward the page limit include:

· Attachment A – Proposal Cover Sheet,

· Attachment D – Project Samples and References

· Key Staff Resumes

· Any additional forms required in section 2.4.5.

2.4.3 Proposal Format. One page is defined as: one side of any 8-1/2" x 11" page, partial page, tab, index or table of contents that contains substantive text, tables, graphics, charts, resumes, etc. Any page over this size will be counted as 2 pages. Proposals must use a minimum of 12-point font for substantive text (including text in tables or resumes, if any).

Proposal and other submittal requirements must be submitted in the following electronic format: Adobe Acrobat (pdf).

2.4.4 Required Proposal Contents. Proposals must include:

· A completed and signed Proposal Coversheet – RFP Attachment A (not counted toward page limit)

· Responses to the scored criteria identified in RFP section 3 and any other requirements specified in this RFP or the Proposal Coversheet.

· Any content in the Proposal which Proposer believes to be a trade secret or exempt from public disclosure must be so indicated in conformance with section 5.4 of this RFP.

This is a qualifications based selection. Cost information shall not be submitted with Proposals (see RFP section 4.0).

2.4.5 Additional Required Forms/Documents. The following do not count toward the Proposal page limit and must be submitted with the Proposal package (but separate from Proposal):

· Signed Subcontractor Solicitation and Utilization Report - SSUR (form available at: https://www.oregon.gov/ODOT/Forms/2ODOT/2721.pdf.) [Submit 1 copy of a completed, signed SSUR with Proposal. Also email a copy of the completed, signed SSUR directly to ODOT Office of Civil Rights (ocr.psk@odot.oregon.gov) within 10 Business Days following Proposal submittal due date. If unable to open form, see instructions for changing browser settings.]

· Signed Conflict of Interest Disclosure (form available at: http: https://www.oregon.gov/ODOT/Business/Procurement/DocsLPA/COI_LPA.docx)

(Note: Proposers should review section 4 of this RFP to ensure they can comply with submittal requirements for the selected Proposer.)

2.4.6 Proposal Package.

Proposer must provide all required submittal items electronically via the Electronic Procurement System specified in RFP section 0.0.

Electronic File Size. Proposer shall make reasonable efforts to compress or optimize files to not exceed a combined total of 10 megabytes for all submittals. For tips on reducing file size, see information at the following links: How to reduce PDF file size; How to reduce the size of Word documents that contain images.

Electronic Signatures. By submitting a Proposal in response to this RFP, the Proposer (and if selected for award, also as the Consultant) agrees with the Agency that signatures showing on PDF documents submitted or exchanged electronically are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

2.4.7 Proposal Withdrawals or Modifications.

If a Proposer wishes to withdraw or make modifications to a submitted Proposal, Proposer must do so through OpenGov, using the “Unsubmit Proposal” button prior to the Bid Opening Date and time for this RFP.

3.0

EVALUATION PROCESS & CONSULTANT SELECTION

3.1

PROPOSAL EVALUATION

Submittals will be reviewed by Agency for responsiveness to all requirements (allowing for minor informalities) set forth in the RFP and RFP Coversheet. Responsive Proposals will be forwarded to an evaluation committee of at least 3 members that will independently review, score and rank Proposals according to the Scoring Criteria set forth in section 3.2. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in the RFP with the responsiveness and the relevance of experience/qualifications presented in the Proposal. The outcome of the Evaluation process may, in Agency’s sole discretion, result in:

(a) notice to Proposers of selection or rejection for Contract negotiation and possible award; or

(b) further steps to gather additional information for evaluation (e.g. checking references, notice of placement on an interview list, requesting clarification).

Agency may require any clarification it needs to understand the Proposer’s Proposal. Clarifications may not be used to rehabilitate a non-responsive Proposal.

3.2

EVALUATION CRITERIA

Given the information provided with this RFP, describe your approach for the Project to cost effectively meet the Agency’s deliverables/objectives in the timeline needed. Describe the most critical elements of this Project that must be addressed for a successful outcome. Describe your firm’s team composition and the skill sets of the team members and how the team and team’s composition will benefit the Project and Agency and result in a successful project. This will be evaluated by each reviewer's confidence level that this approach will lead to successful project completion.

Provide two project samples comparable to the requested services completed by your firm (use Attachment D: “Project Samples and References” form). Maximum of 12.5 points per project. Maximum page count is 4 pages total for Attachment D.

Describe the relevance of the project samples to the Project and Services included in this RFP, including descriptions of how your firm worked within the team concept to address outstanding issues and project constraints in a timely matter. Include a brief description of project type, location, size, duration and objectives; a list of key project staff and their roles; tasks performed by the Proposer to fulfill the project objectives and the actual project budget. This will be evaluated on the basis of the project's recency, relevancy, and quality.

Describe proximity to the Project of your firm’s staff that will be assigned (office/satellite office) and knowledge of the locality. Include proximity/involvement of any sub-consultant that would be assigned substantial roles. Also identify how travel and any required lodging costs will be minimized for this specific project. This will be evaluated on the basis of a preference for greater demonstrated presence and knowledge of the local area.

Demonstrate capability to complete the requested Services. Demonstration must include an explanation of internal procedures and policies related to project management, quality assurance/quality control and cost control. Describe how these internal procedures and policies will benefit the Project and the Agency. This will be evaluated by each reviewer's confidence level that these capabilities will lead to successful project completion.

Provide a maximum of 3 Key Staff Resumes (maximum of 5 points each). Each Key Staff Resume must demonstrate how the qualifications and relevant experience of that key staff prepares them for the role they will take on the Project team.

Key Staff Resumes are not included in the Proposal page limit; however, any resumes submitted beyond this limit will be discarded by Agency and will not be included in the evaluation. Each staff resume is limited to one page. This will be evaluated by each reviewer's confidence level that the candidate's qualifications will lead to successful performance in the specified role.

Staff Resume form is located at: http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx?

3.3

INTERVIEWS

Agency may, in its sole discretion, conduct and score interviews with the top ranked Proposers following Proposal evaluation. If interviews are conducted, the following will apply:

· A minimum of 3 evaluators shall score the interviews;

· Evaluation and scoring will be based on the criteria in section 3.2;

· Interviews will have a maximum score of 20 points;

· The number of Proposers selected for interviews is at the sole discretion of Agency;

· Interviews may require physical attendance at Agency’s offices; however, Agency may elect to conduct interviews via teleconference or video conference. Further details will be included with notification of time and date of interviews, if conducted.

3.4

REFERENCES

Agency reserves the right to investigate references including customers other than those provided in the Proposal or Proposal Coversheet (Attachment A). Investigation may include past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment to employees and workers or any other criteria as determined by Agency.

3.5

METHOD OF AWARD

The scores for Proposer ranking and tentative award will be determined as follows:

· Total Proposal Score = Total of all evaluator scores for a given Proposal, divided by the number of evaluators.

· Total Interview or Follow-up Questions Score (if conducted) = Total of all evaluator scores for a given Proposer, divided by the number of evaluators.

· Final Score = Total Proposal Score plus Total Interview or Follow-up Questions Score (if conducted).

3.6

RESPONSIBILITY DETERMINATION

At any time prior to Contract execution, Agency may rescind the intent to award notice, if applicable, and reject any Proposer found to be not responsible.

3.7

INTENT TO AWARD NOTICE

If an apparent successful Proposer is selected, Agency will issue an intent to award notice on the eProcurement System specified in RFP section 0.0. Award to the apparent successful Proposer is subject to successful negotiation of the Contract.

3.8 PROTEST of CONSULTANT SELECTION

A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the Purchaser/Single Point of Contact, identified on page 1 of this RFP, no later than 7 calendar days after the date of the selection notice. Selection protests submitted after this deadline will not be considered. Selection protests must identify the RFP number, and project name it applies to, and must be in conformance with requirements set forth in OAR 137-048-0240(2). All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense.

3.9

PUBLICITY

Any publicity giving reference to this project, whether in the form of press releases, brochures, photographic coverage, or verbal announcement, shall be done only after prior written approval of the Agency.

4.0

CONTRACT AWARD REQUIREMENTS & NEGOTIATIONS

The submittal requirements in this section 4 apply only to a Proposer that receives intent to award notice following Agency’s evaluation and scoring of Proposals (and interviews, if conducted).

Cost information shall not be submitted as part of the Proposal package and shall be submitted only when requested by Agency.

Failure to submit required submittal items in a timely manner may result in Agency rescinding the intent to award notice and issuing notice of intent to award to the next ranked Proposer.

4.1

COST INFORMATION

4.1.1 Approved Cost Data on File with ODOT. If awardee or its subconsultants have current, approved overhead, salary, or Negotiated Billing Rate (NBR) rate schedules on file at ODOT, awardee and its subconsultants will submit those approved rate schedules and any required certifications to Agency (or Agency may obtain approved rate schedules from ODOT) in lieu of the submittal requirements in section 4.1.3 below. If awardee or any of its subconsultants do not have approved cost data on file with ODOT, then the cost data and certification forms required under section 4.1.3 must be submitted as applicable.

4.1.2 Conformance with Federal Cost Principles. Direct and indirect costs as applied to cost estimates and invoices under federally funded Agency Contracts and subcontracts must be in conformance with Federal Cost Principles (48CFR Part 31). Costs may not be discriminatory against the Agency. It is discriminatory against the Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances. Any cost data submitted by Proposer pursuant to this solicitation may be shared with ODOT, FHWA and Oregon Secretary of State as necessary for audit purposes.

4.1.3 Billing Rates. Following notice of intent to award, the selected Proposer shall submit (electronically in Excel format) billing rate information within 5 Business Days of request by Agency. Compensation related forms/templates are available at https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx. Billing rate information must include either “Direct Salary and Overhead Information” or “Negotiated Billing Rate Schedule” described below, as applicable to your firm’s (and subconsultant’s) accounting method:

a.

Direct Salary and Overhead Information:

(i) Direct Salary Rate Schedule. This schedule includes the name, classification and actual direct salary rate for each employee that may be used under the Contract. The direct salary rate schedule will not be included in the Contract but will be used by Agency for negotiations and to develop an approved billing rate schedule, if applicable, for the Contract.

(ii) Calculation of Overhead Rate (if applicable for your firm’s type of accounting). Current overhead accounting information on a form using the standard 3-column format. Firms shall condense or expand categories as applicable to the firm’s method of accounting. Firms that have not established an overhead rate, based upon their particular financial reporting methodology, shall be reviewed by Agency to determine whether an overhead rate schedule will be required or a negotiated non-provisional billing rate will be used. If a firm does calculate overhead, the information must be submitted to Agency and updates must be provided annually.

(iii) Cognizant Audit – If an audit for the most recent fiscal year has been completed for your firm (or any sub-contractors) by the appropriate federal cognizant agency, this must be submitted with the billing rate information (electronically in PDF format).

(iv) Independent Audit – If an audit for the most recent fiscal year has been completed for your firm (or any sub-consultants) by an independent, third party accounting firm, this must be submitted with the billing rate information (electronically in PDF format).

(v) Certification of Indirect Rate – FHWA directive 4470.1A requires firms to submit a signed certification of compliance with 48CFR Part 31 Federal Cost Principles. If your firm calculates overhead, submit a signed copy of the Certification of Final Indirect Costs form.

b.

Negotiated Billing Rate Schedule (NBR): This schedule is used by firms that do not have an acceptable overhead rate with independent audit as part of their normal accounting practice and Agency determines it is in the best interest of the government to negotiate fully loaded billing rates. The negotiated billing rate schedule includes rates that are fully loaded with direct salary, indirect expenses and profit. Provide name, classification (project role) and fully loaded rate for each employee. Use of a negotiated billing rate schedule may be required by Agency (or ODOT) for consultants or subcontractors that do not have audited overhead rates or that, upon cursory review, appear not to be calculating overhead correctly and in conformance with Federal Cost Principles.

4.1.4 Cost Estimate Breakdown. The cost estimate must include a detailed breakdown of the costs for each element of the work regardless of compensation method. Unless specified otherwise in the solicitation, Contract, or by Agency, the estimate must identify:

· the proposed staff assignments (job classifications, and names if requested) and hours per task and sub-task.

· an itemization of any necessary rental equipment, flaggers, travel and other direct non-labor expenses (estimates from vendors or other documentation shall be provided upon request);

· hours per task and sub-task for each subconsultant with job classifications (and names if requested), and itemized direct non-labor costs.

· Contingency Tasks. Each contingency task, if any, must be shown as a separate line-item on the estimate with same requirements for breakdown of costs as non-contingency tasks. The total amount for a contingency task must include all labor, overhead, profit, and direct non-labor expenses for the contingency task. Do not include expenses for contingency tasks in the amounts or totals for non-contingency tasks; they must be reported separately on the estimate.

Notes:

· Consultant must submit their initial cost estimate breakdown without profit included. Profit will be negotiated and added to cost estimates following agreement on the SOW, labor costs and expenses.

· Do not add profit to costs based on fully-loaded NBR billing rates. Profit is already included in the hourly rate.

4.2

CERTIFICATION REGARDING DEBARMENT & OTHER RESPONSIBILITY MATTERS

Within 5 Business Days of receipt of notice of intent to award, for Contracts that will exceed $150,000 (including as may be amended) the selected Proposer shall submit a signed Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters form available on line at: https://www.oregon.gov/odot/Business/Procurement/DocsLPA/DebarCertFederal.pdf (ref 48CFR 52.209-5) 4.3

CERTIFICATES OF INSURANCE

Prior to Contract execution, selected Proposer shall provide certificates of insurance via e-mail for insurance coverage required in Exhibit C of the Sample Contract (RFP Attachment C).

4.4

COMMITTED DBE BREAKDOWN & CERTIFICATION FORM

The selected Proposer must submit, prior to execution of the Contract (during negotiations), a completed and signed Committed DBE Breakdown and Certification Form (one for each DBE sub). Instructions for submittal are on the “Instructions” tab of the form. The Committed DBE Breakdown and Certification Form-AE is available at: https://www.oregon.gov/ODOT/Business/OCR/Pages/Forms.aspx. For additional information, see Exhibit E of the Sample Contract (RFP Attachment C).

4.5

TAX ID NUMBER

The selected Proposer shall provide their Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following apply:

· When requested by Agency prior to Contract execution, or

· When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

4.6

BUSINESS REGISTRY NUMBER/REGISTERED AGENT

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit the Secretary of State website (http://sos.oregon.gov/business/pages/register.aspx) for Oregon Business Registry information 4.7

NEGOTIATIONS

Agency will negotiate in the best interest of the government, the SOW, costs, and any provision(s) Agency has indicated in the RFP or any Addenda it will negotiate. Agency will, either orally or in Writing, formally terminate negotiations with the highest ranked Proposer if Agency and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. Agency may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on until negotiations result in a Contract. Agency may end this solicitation if negotiations do not result in a Contract within a reasonable amount of time, as determined in the sole discretion of Agency.

5.0

GENERAL TERMS & CONDITIONS FOR THIS RFP

5.1

NON-DISCRIMINATION

Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit Proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

5.2

FUTURE WORK LIMITATIONS

(For these purposes, “Affiliate” or “Affiliates” of a consultant means any Person or entity that controls, is controlled by or is under common ownership or control with that consultant.)

· If a consultant or any Associate of consultant enters into personal services Contract(s) with Agency for the purpose of advising or assisting in developing specifications, a scope or statement of work, an invitation to bid, an RFP or other solicitation documents and materials related to a given procurement, the consultant may not be eligible to propose/bid on the prospective procurement (based on a case-by-case assessment by Agency, ODOT or FHWA).

5.3

ELECTRONIC FILES LINKED OR ATTACHED TO RFP

This RFP document must be viewed electronically to access files, attachments, forms, provisions or other documents that are attached electronically (shown as icons) or provided via hyperlinks from the Internet in this RFP. All files, attachments forms, provisions or other documents attached electronically or linked from the Internet are incorporated in this RFP with the same force and effect as though fully set forth in this RFP.

5.4

PUBLIC RECORDS

Proposals shall be open to public inspection in accordance with ORS 279C.107. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.311(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of its Proposal which Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable. In such circumstances Agency will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt. If Proposer fails to identify, on or with the Proposal, the portions of the Proposal Proposer claims are exempt from disclosure and the authority used to substantiate that claim, Proposer is deemed to have waived any later claim of an exemption or request for nondisclosure of that information. Agency will not be held liable for any disclosure of information which Proposer considers to be exempt from disclosure if required by a Public Records Order. Notwithstanding any rights under 17 USC 101 et seq., (the United States Copyright Act), when Agency is required to provide copies of the non-exempt portion of the Proposal pursuant to a Public Records Order, Proposer hereby grants a license to Agency to copy those portions of the Proposal that are subject to disclosure.

5.5 USE of RECYCLED PRODUCTS

Consultants/contractors shall use recyclable products to the maximum extent economically feasible in the performance of the Contract work set forth in this document.

5.6

RFP CANCELLATION

Agency may reject any or all Proposals and may cancel this RFP at any time if doing either would be in the public interest as determined by Agency. In no event shall Agency have any liability for the cancellation of this solicitation.

ATTACHMENT A - PROPOSAL COVER SHEET

Part I – Proposer Information and References

RFP#: ; Project Name:

Legal Name of Firm as provided to IRS: ______________________________________________________

DBA Name (if different than legal name): ______________________________________________________ DUNS Number:

Is Proposer registered as a foreign corporation in Oregon? NoYes Corporation Professional Corporation Ltd. Liability Company Partnership Limited Partnership Ltd. Liability Partnership Sole Proprietorship Other:

State of Incorporation/Organization:

Mailing Address:

Type name of authorized contact for this RFP:

Email address:

Telephone:

Fax:

Type name of person(s) authorized to sign Contract:

MINIMUM QUALIFICATIONS [Delete PLS below and in RFP section 2.3 if not applicable to the project]

· Registered Professional Engineer per requirements of RFP section 2.3.1:

· Registered Professional Land Surveyor (PLS) per requirements of RFP section 2.3.2:

REFERENCES

Provide references for 3 clients for which Proposer has provided, in the last 3 years, similar services to those described in this RFP (please verify contact information):

1) Name of Firm:

Reference Contact Person

Telephone:

_____ email Project Title:

Scheduled Contract Completion Date: ________ Actual Contract Completion Date: _________ Contract Est. Cost: ____________ Contract Actual Cost:____________

Project Delivery Method: FORMCHECKBOX

DBB; FORMCHECKBOX

CMGC; FORMCHECKBOX

DB; FORMCHECKBOX

2) Name of Firm:

Reference Contact Person

Telephone:

_____ email Project Title:

Scheduled Contract Completion Date: _____________ Actual Contract Completion Date: _____________

Contract Est. Cost: ____________ Contract Actual Cost:____________

Project Delivery Method: FORMCHECKBOX

DBB; FORMCHECKBOX

CMGC; FORMCHECKBOX

DB; FORMCHECKBOX

3) Name of Firm:

Reference Contact Person

Telephone:

_____ email Project Title:

Scheduled Contract Completion Date: _____________ Actual Contract Completion Date: _____________

Contract Est. Cost: ____________ Contract Actual Cost:____________

Project Delivery Method: FORMCHECKBOX

DBB; FORMCHECKBOX

CMGC; FORMCHECKBOX

DB; FORMCHECKBOX

ATTACHMENT A -

PROPOSAL COVER SHEET

Part II - Proposer Certifications By signing below, the authorized representative on behalf of Proposer certifies that:

1.

Proposer agrees to and shall comply with the terms and conditions of the sample Contract associated with this RFP and all requirements, specifications and terms and conditions contained within the RFP (and all Addenda, if any).

2. All contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposal Cover Sheet, are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty. No attempt has been made or will be made by Proposer to induce any other person to submit or not submit a Proposal. Proposer understands that any statement or representation it makes, in response to this solicitation, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under the resulting Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

3. Proposer has available the appropriate material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of the firm to meet all contractual responsibilities.

4. Proposer is not experiencing financial distress or having difficulty securing financing, and has sufficient cash flow to fund day-to-day operations throughout the proposed Contract period.

a. Within the last 3-year period, has your firm filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES FORMCHECKBOX

/ NO FORMCHECKBOX

b. If "YES" above, indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable:

5. Proposer has not been notified within the last 3-year period of any delinquent Federal, State or local taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

6. Proposer, its principals and major subcontractors (major subcontractor is defined as receiving 10% or more of the total Contract amount) have not presently, or within the last 3 years, been convicted of, indicted for, or otherwise criminally or civilly charged by a governmental entity with the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) Contract or subcontract; violation of federal or state antitrust statutes relating to the submission of bids or Proposals; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property.

7. Proposer has not and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin. And, pursuant to ORS 279A.110, Proposer has not and Proposer will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055.

8. Proposer has an operating policy supporting equal employment opportunity. If proposing firm has 50 or more people, Proposer also has a formal equal opportunity program.

· Does Proposing firm have 50 or more employees? Yes, No.

· Does Proposing firm have a formal equal employment opportunity program? Yes, No

Firms of 49 people or less do not need to have a formal equal employment opportunity program, but shall have an operating policy supporting equal employment opportunity. Firms of 50 people or more shall also have a formal equal employment opportunity program.

9. Proposer’s employees and agents are not included on the list entitled “Specially Designated Nationals and Blocked Persons” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

10. Proposer and its Principals, and any of its prospective subcontractors for this award are not presently debarred, suspended, disqualified, proposed for debarment or declared ineligible for the award of contracts by any federal agency or agency of the State of Oregon, and does not have an Active Exclusion on the System for Award Management (SAM) which is available at https://sam.gov/.

11. Proposer, acting through its authorized representative, has read and understands the RFP instructions, specifications, and terms and conditions contained within the RFP (including the sample Contract) and all Addenda, if any. The Proposal submitted is in response to the specific language contained in the RFP, and Proposer has made no assumptions based upon either (a) verbal or written statements not contained in the RFP, or (b) a previously-issued RFP, if any.

Signature:

Date:

(President or Authorized Representative of Proposer) Print Name:__________________________________ Title: ____________________________________ ATTACHMENT B – STATEMENT of WORK (RESERVED)

See Attachment C: Sample Contract (Exhibit A Statement of Work)

ATTACHMENT C – SAMPLE CONTRACT

The Sample Contract (including its terms, conditions and Exhibits) is not physically attached but incorporated into this RFP with the same force and effect as though fully set forth herein.

Attachment C is available as a separate file posted with this RFP on the eProcurement System specified in RFP section 0.0

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