Lot 1 Owners Rep RFQ_Final.pdf

Request for Qualifications (RFQ)

Owner’s Representative and Related Services

Issued by:

Port of Hood River

(herein referred to as “Port”)

RFQ Title/Project Name:

Owner’s Representative Services for Lot 1 Transportation Improvements

OregonBuys Number: S-R14210-00009069

Issue Date: January 5, 2024

Date Advertised: January 8, 2024

Interested parties may view and download the RFQ from the www.oregonbuys.gov website. PROPOSAL DUE DATE and TIME: January 18, 2024 by 4:00 PM PST

Proposer Questions are due via kgreenwood@portofhoodriver.com no later than seven (7) calendar days prior to Proposal due date.

Proposers are cautioned that the official RFQ requirements will change only by written Addenda issued by The Port.

Proposals and all other submittal requirements specified in RFQ section 2.4 must be submitted before the Proposal due date and time. Submit proposals solely via email.

E-mail proposals to:

Kevin Greenwood, Executive Director / Single Point of Contact kgreenwood@portofhoodriver.com

Table of Contents

Contents

1.0 SOLICITATION PURPOSE & CONTRACT OVERVIEW

2.0 INSTRUCTIONS TO PROPOSERS & SUBMITTAL REQUIREMENTS

3.0 EVALUATION PROCESS & CONSULTANT SELECTION

4.0 CONTRACT AWARD REQUIREMENTS & NEGOTIATIONS

5.0 GENERAL TERMS & CONDITIONS FOR THIS RFQ

ATTACHMENT A – PROJECT BACKGROUND

ATTACHMENT B – DRAFT WORK ORDER NO. 1

ATTACHMENT C – SAMPLE CONTRACT

Definition of Terms:

The following terms have the meaning provided in OAR 137-046-0110: “Addendum” or “Addenda”, “Closing”, “Contract”, “Proposal”, “Request for Qualifications” or “RFQ”, “Responsive”, “Writing”.

“Business Day” means Monday through Friday, excluding State of Oregon holidays.

1.0 SOLICITATION PURPOSE & CONTRACT OVERVIEW

1.1 SUMMARY OVERVIEW & PROCUREMENT SCHEDULE

The Port is issuing this RFQ and any Addenda (collectively, the “RFQ”) to obtain Proposals from qualified consultant(s) for owner’s representation and related services (“Services”) for the project described in section 1.2.

For further information regarding the project and Services needed, see the draft Work Order No. 1 (Attachment B).

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

Procurement Schedule Date

RFQ issue date Stated on front page Last day for written questions January 10, 2024

Port posts responses to written questions (if any) January 12, 2024

RFQ due by 4pm Pacific January 18, 2024

Optional Interviews January 22, 2024

Notice of Intent to Award/Enter Into Negotiations January 23, 2024

Rate table and Work Order No 1 scope and fee are due by email January 24, 2024

*Negotiations begin January 24, 2024

Contract approval January 31, 2024

Contract start/Notice to Proceed (NTP) February 1, 2024

*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 4.3 - Negotiations.

1.2 SOLICITATION PURPOSE AND PROJECT BACKGROUND

The proposed project may be referred to as the Lot 1 Transportation Improvements Project, or simply the “Project,” and the Port may be referred to as “Port” or “Owner.”

SOLICITATION PURPOSE

The purpose of this RFQ is to select a qualified and experienced firm or team of firms to provide professional consulting services to assist the Port as an owner’s representative for Lot 1 transportation improvements, including development of a roundabout and street realignment. The owner’s representative will represent the Port with its designer and engineer of record to help manage the schedule and review submittals, as well as to apply for grants and coordinate with agencies as needed.

Services will be determined by the Port and issued to the selected Contractor as task orders to move the project through funding, permitting and construction. The selected Contractor will respond to task order requests by providing a task-specific SOW and cost per task. The Port may negotiate task order scope and fee and approve with an NTP per task. The contract will be an on-call master services agreement (MSA) for a 3-year period, extendable up to 5 years.

BACKGROUND

The Port owns an approximately 7-acre undeveloped parcel on the Hood River waterfront known as Lot

1. It is the largest remaining development site on the waterfront and is zoned Light Industrial by the City of Hood River. A preliminary concept plan for Lot 1 was prepared in 2015-2016, which identifies a general site layout and various transportation improvements.

In 2023, the Port identified several changes to the transportation improvements proposed in the concept plan, which included realignment of 1st Street and an extension of Anchor Way. The current proposal would install a roundabout at 2nd Street and Riverside Drive and realign of 1st Street (see Attachment B). Background materials on Lot 1 can be found on the Port’s website at https://portofhoodriver.com/projects/lot-1-development/.

The Port has obtained several grants for Lot 1 and is seeking additional grants to complete these transportation improvements at an estimated cost of $5.7 million. The Port obtained $1.9 million in Economic Development Administration (EDA) funding and a $500,000 commitment from the Oregon Department of Transportation’s (ODOT) Immediate Opportunity Fund in construction funds. The Port also received a COVID State Fiscal Recovery Grant of $500,000 that is committed to project design.

KPFF Consulting Engineers is the selected designer for Lot 1 Transportation Improvements and the Port’s engineer of record. The Port will also rely on its surveyor and architect to support the project. The Port is seeking an owner’s representative to assist with project management, grant writing/funding, public communication, outreach with permitting agencies, and review of engineering submittals/amendments.

PORT BACKGROUND

The Port was created and incorporated on July 28, 1933, as a result of the Bonneville Dam Project, due to the expressed desire by the Oregon State Legislature and the United States Government to develop industrial land in the Columbia River Basin for jobs and economic development. The Port today is governed by its Commission composed of five elected members who continue to guide efforts to initiate, promote and maintain quality of life and a healthy economy throughout the Port District and the Columbia River Gorge. The powers and duties of the Port are described in Oregon Revised Statutes (“ORS”) Chapter 777, and other state and federal laws. The Port owns and operates the Hood River- White Salmon Bridge, the Hood River Airport, the Hood River Marina and waterfront area, as well as several other business parks.

1.3 PROJECT PHASES

The Port anticipates the contracted Services will consist of two work order phases as follows:

Work Order No. 1: Secure Funding (2024) – Attachment B to the RFQ includes tasks to be completed in the contract’s first year.

Future Work Orders – Subsequent year work orders will be negotiated upon six month cost to complete analysis.

1.4 PERIOD OF PERFORMANCE

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

1/31/2024 to 1/31/2027.

The Port may extend the MSA to 1/31/2029 at its discretion.

1.5 QUANTITY OF CONTRACTS AWARDED & OFFER PERIOD

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

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 RFQ. The Port may request, either orally or in Writing, that Proposer extend the offer period in Writing.

If award is made from this RFQ, the award will be based on the results of the Port’s committee evaluation and scoring of Proposals for the project.

1.6 FUNDING SOURCE(S):

Funding for services will be provided by the Port.

1.7 CONTRACT NOT TO EXCEED AMOUNT & METHOD OF COMPENSATION

The value of the Contract awarded from this RFQ is anticipated to be (but not limited to) $100,000 per year for 3-years (may be extended to 5-years).

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

The method of compensation will be time and materials, up to a maximum Not to Exceed (NTE) amount.

1.8 DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PARTICIPATION

A DBE participation of 5% has been assigned for the Contract. Proposers shall demonstrate ability to meet the DBE threshold. 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:

requesting a copy of the DBE certification letter from the committed DBE firm; or contacting the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) at

(503) 986-0075. Proposers may also access the updated certification list by accessing COBID’s Internet Web Page address at:

https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=2315&TN= oregon4biz.

1.9 INSURANCE REQUIREMENTS

See Attachment C - Sample Contract Template (Section 8) for the insurance requirements and terms and conditions that will apply to the prospective Contract from this RFQ.

1.10 CONTRACT TERMS & CONDITIONS

See Attachment C - Sample Contract Template for the terms and conditions that will apply to the prospective Contract from this RFQ. Changes to standard Contract terms and conditions may be subject to approval by the Port.

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 RFQ, and as they may have been modified or reserved by the Port for negotiation.

2.0 INSTRUCTIONS TO PROPOSERS & SUBMITTAL

REQUIREMENTS

2.1 PROPOSER QUESTIONS, RFQ PROTESTS AND REQUESTS FOR CHANGE

All questions relating to any aspect of this RFQ or the associated project(s) must be submitted in writing via e-mail to the person identified on page 1 of this RFQ. RFQ protests and requests for change submitted after the due date on page 1 of this RFQ will not be considered. Any RFQ protest or request for change must identify the RFQ number and project name.

The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of Addenda to the RFQ, 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 the Port.

2.2 ADDENDA

When appropriate, as determined by the Port in its sole discretion, changes to Closing/Proposal due date and time or revisions, additions, substitutions, clarifications of the RFQ or attached terms and conditions will be issued as Addenda to this RFQ. Modifications to this RFQ shall be binding on the Port and Proposer only if in the form of written Addenda issued by the Port. Any such Addenda are incorporated into this RFQ 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 RFQ or the project. Answers to substantive questions and/or any changes to the RFQ will be issued as official Addenda to this RFQ, no later than 5 calendar days prior to the Proposal due date.

If the Port determines that additional information or interpretation is necessary; such information or interpretation will be supplied in Addenda that will be posted to OregonBuys (www.oregonbuys.gov).

All such Addenda shall have the same binding effect as though contained in the main body of this RFQ.

Oral instructions or information concerning the specifications of the Project from Port managers, employees or agents to prospective Proposers shall not bind the Port. The Port is not responsible for sending Addenda to any potential Proposers.

2.3 PROPOSAL & SUBMITTAL REQUIREMENTS

Price proposals shall not be submitted as part of Contractor response to this RFQ.

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 5.3 of this RFQ.

This is a Qualifications-Based Selection (QBS).

2.3.1 Time, Date and Place for Submission. Proposals and all required submittal items must be submitted to the e-mail address and received by the deadline specified on page 1 of this RFQ (or such other deadline as may be revised by Addenda issued by the Port). The Port will not accept Proposals submitted after the Proposal submittal deadline.

2.3.2 Proposal Page Limit. The Proposal is limited to six (6), 8-1/2” x 11” single sided pages. Any pages exceeding this limit will not be considered in the evaluation. One page is defined as: one side of any 8-1/2" x 11" page, partial page, tab, index that contains substantive text, tables, graphics, charts, resumes, etc. Any page over this size will be counted as 2 pages. Items excluded and not counted as pages toward the page limit include:

Cover Letter (maximum 1 page, minimum 11-point font)

One-page Resumes for Key Persons (maximum14 pages, minimum 10-point font)

2.3.3 Proposal Format. While the Port is interested in visual examples of the proposer’s past and current projects, the proposer shall submit its Proposal without overly extensive artwork or other materials not essential to the utility and clarity of the Proposal. Proposal fonts shall be no smaller than

11-point, except attached one-page resumes may use no smaller than 10-point.

2.3.4 Required Proposal Contents. Proposals must include:

Cover Letter. Statement of interest in and fit to this agreement and indicated work and project types, of the proposer. In the cover letter, acknowledge that proposer has reviewed the proposed contract and acknowledges its provisions (Attachment C). If the proper objects to contract provisions, on a separate second page (not included in page limit), list alternate or suggested provisions. Otherwise, acknowledge acceptance of draft contract in cover letter. The Port is not compelled to change its contract. In addition, include address, phone, email and website address. (max. 1 page, not included in page limit)

Project Understanding and Approach. (max. 2 pages) Firm Profile(s) and Project Qualifications (max. 2 pages) o Include three project samples (project name, short description, and graphics/photos as appropriate) o Include three project references (name of client/entity, project name, reference person listed, title of that person, telephone number, and email address)

Key Persons and Bios (max. 2 pages) o Identify the proposed project manager and applicable experience.

o Include proposed role and relevant project experience.

Resumes for Key Persons (max. 14 pages, not included in page limit)

2.3.5 Proposal Withdrawals or Modifications.

Any Proposer who wishes to make modifications to a complete and timely Proposal already received by the Port shall submit its modification solely via email and must denote the specific change(s) to the Proposal submission.

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a written notice Signed by an authorized representative of its intent to withdraw its Proposal. The notice must include the RFQ name and be submitted to the Port.

3.0 EVALUATION PROCESS & CONSULTANT SELECTION

3.1 PROPOSAL EVALUATION

Submittals will be reviewed by the Port for responsiveness to all requirements set forth in the RFQ.

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 Evaluation Criteria set forth in the

RFQ.

Scoring and ranking of Proposals will be completed by Port-selected evaluators. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in the RFQ with the responsiveness and the relevance of experience/qualifications presented in the Proposal.

The outcome of the Evaluation process may, in the Port’s sole discretion, result in:

(a) notice to Proposers of selection or rejection of the proposal (in the event of a tie, the Port will provide notice to Proposers of selection or rejection for an interview); or

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

The Port 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

A maximum of 100 points are possible for proposals per each evaluator. Individual scores will be averaged to determine ranking.

Proposal Evaluation Criteria Maximum Points

1 PROJECT UNDERSTANDING AND APPROACH

Did proposal adequately describe firm’s understanding of the Project and the Port?

Did proposal adequately describe firm’s approach to meet the Port’s deliverables/objectives in the timeline provided?

Did the proposal include an efficient approach that will leverage Port resources?

Did the proposal demonstrate a logical stepwise approach to supporting the project?

2 EXPERIENCE AND AVAILABILITY OF THE PROJECT MANAGER

Does the PM have experience managing projects of a similar or more complex type?

Did proposal demonstrate the PM’s excellent communication, team building, and organizational skills?

3 TEAM QUALIFICATIONS

Does the team have experience representing owners and/or serving as advisors under an MSA? (10 points) Does the team have documented success preparing applications that lead to award of similar grants? (10 points) Does the team have experience providing design review, permitting and construction management services for similar transportation improvement project? (10 points)

Does the team have experience leading public communications and agency coordination? (10 points)

Does the team have experience with transportation and land use planning for similar agencies or projects? (10 points)

4 PERFORMANCE/REFERENCES

Using the proposal’s project samples and references, evaluate the firm’s response to the below criteria:

Did the firm provide examples of past performances in providing similar projects in an efficient, budgeted, and timely manner?

-- MAXIMUM PROPOSAL SCORE 100

3.3 REFERENCES

The Port reserves the right to investigate references including customers other than those provided in the Proposal. 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 the Port.

3.4 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.

100 points maximum.

Tie Breaker In the event of a tie, the Port will hold interviews with the top two or three Proposers.

20-point tie breaker.

Individual evaluation documents will be submitted to the Port’s Executive Director (or designee). The Executive Director will prepare a matrix of the scores and communicate the same to the Port Commission with a recommendation to enter into negotiations with the top-ranked Team. The Port Commission will review the recommendation and make the final determination of whether to initiate negotiations.

The Port Commission reserves the right to reject all Proposals and reassess the evaluation process at which a notice will be sent to all Proposers.

3.5 RESPONSIBILITY DETERMINATION

At any time prior to Contract execution, the Port may rescind the intent to award notice, if applicable, and reject any and all Proposals.

3.6 INTENT TO AWARD NOTICE

If an apparent successful Proposer is selected, the Port will issue an intent to award notice and provide a copy of the notice to all Proposers. Successful Proposer shall submit a rate table and a breakdown of cost for the tasks and sub-tasks identified in Attachment B-Draft Work Order No. 1 by the day after selection. Award to the apparent successful Proposer is subject to successful negotiation of the Contract.

3.7 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 Port contact identified on page 1 of this RFQ, 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 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.

3.8 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 Port.

4.0 CONTRACT AWARD REQUIREMENTS & NEGOTIATIONS

The submittal requirements in this section apply only to a Proposer that receives intent to award notice following the Port’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 the Port.

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

4.1 CERTIFICATES OF INSURANCE

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

4.2 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 the Port 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.

4.3 NEGOTIATIONS

The Port will negotiate in the best interest of the government, the SOW, and any provision(s) the Port has indicated in the RFQ or any Addenda it will negotiate. The Port will, either orally or in Writing, formally terminate negotiations with the highest ranked Proposer if the Port and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. The Port 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. The Port 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 the Port.

5.0 GENERAL TERMS & CONDITIONS FOR THIS RFQ

5.1 NON-DISCRIMINATION

The Port, 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 ELECTRONIC FILES LINKED OR ATTACHED TO RFQ

This RFQ 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 RFQ. All files, attachments forms, provisions or other documents attached electronically or linked from the Internet are incorporated in this RFQ with the same force and effect as though fully set forth in this RFQ.

5.3 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 t h e Port 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. The Port 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 the Port 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 the Port to copy those portions of the Proposal that are subject to disclosure.

5.4 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.

5.5 RFQ CANCELLATION

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

ATTACHMENT A – PROJECT BACKGROUND

POHR – 2nd & Riverside Roundabout & First Street RealignmentDecember 4th, 2023

Past Concept

12/1/2023 2

• Realignment of 1st Street

• Extension of Anchor Way

Anchor Way Extension Assessment

12/1/2023 3

Goal

• Verify if the Anchor Way Extension as currently proposed is the correct design

Findings

• Anchor way did not provide a long term solution to the transportation needs

Solution

• A roundabout provides the best solution to the growing challenge of traffic flows

Intersection Control at 2nd and Riverside

12/1/2023 4

INTERSECTION CONTROL

MOBILITY

TARGET

2043 WEEKEND

WITHOUT ANCHOR WAY

EXTENSION

2043 WEEKEND WITH

ANCHOR WAY EXTENSION

V/C V/C

ALL-WAY STOP CONTROL 0.95 v/c (OHP) 1.49 1.45

TWO-WAY STOP CONTROL

0.80 v/c (HDM)

0.29/3.93 0.40/3.59

TWO-WAY STOP CONTROL WITH

NB RIGHT TURN LANE

0.29/3.11 0.25/2.92

ROUNDABOUT 0.61 0.61

TRAFFIC SIGNAL 0.76 0.70

OHP – Oregon Highway Plan HDM – Highway Design Manual

Current Concept

12/1/2023 5

• Realignment of 1st Street

• Roundabout at 2nd and

Riverside

Current Schedule

12/1/2023 6

Currently Just completed Task 2

Design and Permitting January 2024 through March 2025

Construction Starting Spring 2025

Coordination

12/1/2023 7

Proposed City Stormwater Project Current Status Planset

Coordination

12/1/2023 8

First Street & Roundabout - City Review Milestone Reviews and Timelines

Funding / Budget

12/1/2023 9

Engineering is currently covered by a grant

1.9 Million Anticipated from EDA grant phase 1

2.0 Million Port Match of EDA grant phase 1*

1.8 Million still needed to finish phase 2

5.7 Million estimated project total

*Port is seeking additional funding to offset match contribution

Thank you.

ATTACHMENT B – DRAFT WORK ORDER NO. 1

A version of this Statement of Work will be modified and serve as the basis for Work Order No. 1 found in the Sample Contract (Attachment C). For each task and sub-task item, identify the staff positions and number of hours for each listed work order item. Key staff positions listed should have resumes included in the MSA proposal. Owner is interested in analyzing hours and seniority of staff working on each task to determine best efficiencies. The selected proposer will submit this draft work order listed by task, positions working on each task, and hours and fee for each task.

B.1 TASK 1: FUNDING (2024)

Itemized below are a series of tasks to be carried out as part of the Lot 1 owner’s representative contract, Task 1 based on task scope and fee agreement within 2024 budget constraints.

Funding Plan:

o Develop a funding plan to identify grant sources that match the Port’s needs.

o Identify up to three grant sources to target over the next two years.

Grant Writing:

o Prepare a Connect Oregon grant application using materials provided by the Port (materials may include but are not limited to graphics provided by KPFF, support letters from agency partners, etc.).

o Assist the Port in a request to ODOT for an additional $1M above the current $500,000 ODOT Immediate Opportunity Fund grant award based on state benefits from the project.

Grant Management:

o Coordinate with EDA on the existing $1.9M EDA grant to transfer the project solution from prior Anchor Way extension to the new 2nd Street/Riverside roundabout.

o Track and assist the Port in meeting grant reporting requirements.

Due Diligence:

o For the EDA grant, assist the port with grant-required NEPA assurances based on NEPA documents already completed by the Port and ROW assurance in conjunction with the Port’s surveyor (Terra Surveying).

Port and Agency Coordination:

o Meet approximately monthly with Port staff at the Port office in Hood River and have the availability to work in the Port office as a staff extension on occasion and as needed.

o Coordinate with the Port, ODOT, City of Hood River, and KPFF to initiate roundabout design approval, permit strategies, and funding.

o Participate in and assist with Port, City and State briefings and communications as agreed upon in the contract, and work with the Port and its separate contractors to advance funding toward agreed project schedule.

Year-end Documents:

o Within 60-days of year end, provide an annual work plan that outlines needs for the coming year and estimates cost to complete current year tasks.

B.2 FUTURE TASKS

Future annual work plans and task orders may include but are not limited to the following based on task scope and fee agreement within annual budget constraints:

Preparing additional grant applications for project funding

Project schedule management

Coordination with other Port consultants and provide planning-level review of schedules, timing and completeness of other consultant materials

Agency coordination and communications

Concept planning and utility coordination

Community engagement/communications

Other tasks at the direction of the Port

LPA A&E Contract Form C017-B070620-Rev2

ATTACHMENT C

ENGINEERING AND RELATED SERVICES CONTRACT - SAMPLE

Contract Number:

Project Title: ! ! ! ! ! Agency Project Number: ! ! ! ! !

Project Location: ! ! ! ! ! Associated RFP Number: ! ! ! ! !

Federal Aid Number: ! ! ! ! ! DBE Goal: % (see Exhibit E) Total Not-to-Exceed (“NTE”) amount for this Contract. This total includes: a) all allowable costs and expenses, profit, and fixed-fee amount, if any; and b) $ for contingency tasks, each of which must be separately authorized by Agency.

This Contract is between , hereafter called “Agency” and [enter legal company name as provided to IRS (and DBA name if applicable)], a (enter state of incorporation/organization) corporation, hereafter called “Consultant.” Agency and Consultant together are also referred to as “Parties” and individually referred to as “Party.” The primary contacts for this Contract are identified in Exhibit J, Contact Information and Key Persons.

This Contract includes Federal Highway Administration (“FHWA”) funding coordinated through the Oregon Department of Transportation (“ODOT”). See Section 18 - Compliance with Applicable Law.

For purposes of this Contract:

a) “business days” means calendar days, excluding Saturdays, Sundays and all State of Oregon recognized holidays;

b) “calendar days” means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State of Oregon holiday or other day;

c) “Engineering” Services means architectural, engineering, photogrammetric mapping, transportation planning or land surveying services that must be procured using qualifications based selection procedures [see ORS 279C.100 and ORS 279C.110]; and

d) “Related Services” has the meaning provided in ORS 279C.100.

TERMS AND CONDITIONS

Contract Effective Date and Term. This Contract is effective on the date it has been signed by the parties and all required approvals have been obtained. No work or compensation under the Contract is authorized until notice to proceed has been issued in writing (email acceptable) by the Agency. Unless otherwise amended or terminated, this Contract shall expire .

2. Statement of Work. Consultant shall perform all Services and deliver all deliverables as described in Exhibit A, Statement of Work (the “Services”). The required schedule for performance under the Contract is specified in the Statement of Work.

3. Compensation. The maximum NTE amount, which includes the total of all allowable and reimbursable costs and expenses (and contingency tasks, if any) payable to Consultant under this Contract, is set forth in the table above and detailed further in Exhibit B, Compensation. Agency reserves the right, in its sole discretion, to amend this Contract to increase this amount for additional Services within the scope of the procurement. If this Contract was awarded as a Direct Appointment/Small Purchase, amendments to increase the maximum amount payable are subject to limitations and additional requirements as set forth in applicable Federal, State and local laws. The payment methodology and basis for payment to Consultant is described in Exhibit B, Compensation.

Consultant and any subconsultants are subject to the requirements and limitations of 48 CFR Part 31 – Contract Cost Principles and Procedures.

4. Contract Exhibits. This Contract includes the following exhibits, each of which is incorporated into this Contract as though fully set forth herein:

• Exhibit A – Statement of Work

• Exhibit B – Compensation

• Exhibit C – Insurance

• Exhibit D – Title VI Non-Discrimination Provisions

• Exhibit E – Disadvantaged Business Enterprise (“DBE”) Provisions

• Exhibit F –Special Terms & Conditions

• Exhibit G – RESERVED

• Exhibit H – RESERVED

• Exhibit I – Errors & Omissions (“E&O”) Claims Process

• Exhibit J – Contact Information and Key Persons

5. Order of Precedence. Unless a different order is required by law, this Contract shall be interpreted in the following order of precedence: this Contract (including all amendments, if any) less all Exhibits, attachments and other documents/information incorporated into this Contract, then the Statement of Work and Payment Schedule, then all other Exhibits, then any other attachments or documents/information incorporated into this Contract by reference.

6. Independent Contractor; Conflict of Interest; Responsibility for Taxes and Withholding; Consultant Oversight.

a. Consultant, by its signature on the Contract, certifies that it is an independent contractor as defined in ORS 670.600 and as described in IRS Publication 1779, which is available at the following link: https://www.irs.gov/pub/irs-pdf/p1779.pdf. Consultant shall perform all required Services as an independent contractor. Although Agency reserves the right (i) to determine the delivery schedule (as mutually acceptable to Agency and Consultant) for the Services to be performed and (ii) to evaluate the quality of the completed performance, Agency cannot and will not control the means or manner of Consultant's performance. Consultant is responsible for determining the appropriate means and manner of performing the Services. Consultant is not an "officer", "employee", or "agent" of Agency, as those terms are used in ORS 30.265.

b. Consultant, by its signature on the Contract, certifies that: (i) Consultant and, to the best of its information, knowledge and belief, its Associates have made any disclosures required under the COI Disclosure Form (available at:

https://www.oregon.gov/ODOT/Business/Procurement/Pages/LPA.aspx ) or any applicable law;

and (ii) if a conflict of interest is discovered during the term of the Contract, Consultant shall timely submit a COI Disclosure Form to Agency disclosing the conflict(s).

c. Consultant shall be responsible for all Federal or State of Oregon (“State”) taxes applicable to compensation or payments paid to Consultant under the Contract and, unless Consultant is subject to backup withholding, Agency will not withhold from such compensation or payments any amount(s) to cover Consultant's Federal or State tax obligations. Throughout the duration of the Contract, Consultant shall submit an updated W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) to Agency whenever Consultant’s backup withholding status or any other information changes.

Consultant is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Consultant under the Contract, except as a self-employed individual.

d. Consultant shall not be responsible for or have control over the means, manner, methods or techniques required of or used by other consultants or contractors under contract with Agency, unless otherwise expressly agreed to in writing by the Parties. The Parties agree, however, that these Section 6.d. provisions do not in any way revise or adjust Consultant’s professional responsibility to report to Agency any information that comes to Consultant’s attention (during performance of this Contract) pertaining to a project, or to performance by other consultants or contractors on a project, that would adversely affect Agency or a particular project.

7. Subcontracts and Assignment; Successors and Assigns

a. Consultant shall obtain Agency's written consent prior to entering into any subcontracts for any of the Services required by the Contract, or in any manner assigning, selling or transferring any of its rights or interest under the Contract or delegate any of its duties or performance under the Contract. In addition to any other provisions Agency may require, Consultant shall include, in any permitted subcontract under the Contract, contractual provisions that shall require any subcontractor (which may also be referred to as “subconsultant”) to comply with Sections 9, 10, 11, 12, 13, 16, 17,18,19, 23, 27 and 29 of these Contract provisions, the limitations of Exhibit B - Compensation, Exhibit D – Title VI Nondiscrimination Provisions, and the requirements and sanctions of ORS Chapter 656, Workers’ Compensation, in the performance of the subcontractor’s Services on the project that is the subject of the Contract, as if the subcontractor were the Consultant. Agency’s consent to any subcontract shall not relieve Consultant of any of its duties or obligations under the Contract, including with respect to any Services, whether performed or to be performed by Consultant or a subcontractor.

b. The provisions of the Contract shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective successors and permitted assigns, if any.

c. Any purported assignment, delegation or disposition in violation of subsection “a.” above is void.

8. Third Party Beneficiaries. The State of Oregon, the Oregon Transportation Commission (OTC) and ODOT, are intended third-party beneficiaries of the Contract with express independent authority to enforce the terms and conditions of the Contract. Otherwise, there are no third-party beneficiaries of the Contract.

9. Representations and Warranties. Consultant represents and warrants to Agency that (i) Consultant has the power and authority to enter into and perform the Contract, (ii) the Contract, when executed and delivered is a valid and binding obligation of Consultant, enforceable in accordance with its terms, (iii) the Services under the Contract will be performed in accordance with the professional standard of care set forth in Section 10 below; (iv) Consultant is duly licensed to perform the Services, and if there is no licensing requirement for the profession or Services, is duly qualified and professionally competent to perform the Services; and (v) Consultant is an experienced firm having the skill, legal capacity, professional ability and resources necessary to perform all the Services required under the Contract. The warranties set forth in this Section are in addition to, and not in lieu of, any other warranties provided.

10. Professional Standard of Care; Responsibility of Consultant; Design Within Funding Limit

a. Professional Standard of Care.

Consultant shall perform all Services under the Contract in accordance with the degree of skill and care ordinarily used by competent practitioners of the same professional discipline when performing similar services under similar circumstances, taking into consideration the contemporary state of the practice and the project conditions.

b. Responsibility of Consultant.

(i) Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by Consultant under the Contract. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications and other Services.

(ii) Agency’s review, approval or acceptance of, or payment for, the Services required under the Contract shall not be construed to operate as a waiver of any rights under the Contract or of any cause of action arising out of the performance of the Contract, and Consultant shall be and remain liable to Agency in accordance with applicable law for all damages to Agency caused by Consultant’s negligent performance of any of the Services furnished under the Contract or negligent failure to perform any of the Services under the Contract.

(iii) The rights and remedies of Agency provided for under the Contract are in addition to any other rights and remedies provided by law.

(iv) If Consultant is comprised of more than one legal entity (for example, a joint-venture or partnership), each such entity shall be jointly and severally liable under the Contract.

c. Reserved

11. Ownership of Work Product

a. Definitions. The following terms have the meanings set forth below:

(i) “Consultant Intellectual Property” means any intellectual property owned by Consultant and developed independently from the Contract.

(ii) “Third Party Intellectual Property” means any intellectual property owned by parties other than

Agency or Consultant.

(iii) “Work Product” means every invention, discovery, work of authorship, trade secret or other tangible or intangible item, and all intellectual property rights therein, that Consultant is required to deliver to Agency pursuant to the Contract.

b. Work Product. All Work Product created by Consultant pursuant to the Contract, including derivative works and compilations, and whether or not such Work Product is considered a “work made for hire,” shall be the exclusive property of Agency. Agency and Consultant agree that Work Product that constitutes original works of authorship (the “Original Work Product”) is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act. If for any reason Original Work Product created pursuant to the Contract is not “work made for hire,” Consultant hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all Original Work Product created pursuant to the Contract, whether arising from copyright, patent, trademark, trade secret, or any other State or Federal intellectual property law or doctrine. Upon Agency’s reasonable request, Consultant shall execute such further documents and instruments necessary to fully vest such rights in Original Work Product in Agency. Consultant forever waives any and all rights relating to Original Work Product created pursuant to the Contract, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. However, see Sections 11.c and 11.d immediately below, for provisions applicable to Consultant Intellectual Property, Third Party Intellectual Property, Consultant Intellectual Property derivative works and Third Party Intellectual Property derivative works.

c. Consultant and Third Party Intellectual Property. In the event that any Work Product is Consultant Intellectual Property or Third Party Intellectual Property (Consultant Intellectual Property or Third Party Intellectual Property that is applicable to the Services being performed by Consultant under the Contract or included in Work Product deliverable to Agency under the Contract), or in the event any Consultant Intellectual Property or Third Party Intellectual Property is needed by Agency to reasonably enjoy and use any Work Product, Consultant hereby agrees that it will grant to, or obtain for, the Agency an irrevocable, non-exclusive, non-transferable, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display Consultant Intellectual Property and or Third Party Intellectual Property, including the right of Agency to authorize contractors, consultants and others to do the same on Agency’s behalf.

This obligation of the Consultant does not apply to a situation involving a third party who enters a license agreement directly with the Agency. At the request of Consultant, Agency shall take reasonable steps to protect the confidentiality and proprietary interests of Consultant in any Consultant Intellectual Property licensed under this Section, within the limits of the Oregon Public Records Law (ORS 192.410 through 192.505) and the Oregon Uniform Trade Secrets Act (ORS

646.461 to 646.475).

d. Consultant and Third Party Intellectual Property-Derivative Work. In the event that Work Product created by Consultant under the Contract is a derivative work based on Consultant Intellectual Property or Third Party Intellectual Property, or is a compilation that includes Consultant Intellectual Property or Third Party Intellectual Property, Consultant hereby agrees to grant to, or obtain for, Agency an irrevocable, non-exclusive, non-transferable, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of Consultant Intellectual Property or Third Party Intellectual Property employed in the Work Product, including the right of Agency to authorize others to do the same on Agency’s behalf.

e. Consultant Use of Work Product. Notwithstanding anything to the contrary in this Section 11, Consultant may refer to the Work Product in its brochures or other literature that Consultant utilizes for advertising purposes and, unless specified otherwise in Exhibit A – Statement of Work, Agency hereby grants to Consultant a non-exclusive, non-transferable, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display Agency-owned Work Product on other unrelated projects, except for any “Confidential Information” protected from disclosure under the provisions of Section 12 below, pertaining to Confidentiality and Non-Disclosure.

12. Confidentiality and Non-Disclosure. Consultant and its subcontractors, and their respective employees and agents, shall keep confidential all information, in whatever form, produced, prepared, observed or received to the extent that such information is designated as confidential by the Agency, by law, or by this Contract. In the event Consultant is required to disclose Confidential Information pursuant to a subpoena or other legal process, Consultant shall immediately notify Agency of such subpoena or other legal process, provide Agency with copies of any subpoena, other legal process and any other written materials supporting the subpoena or other legal process, and otherwise cooperate with Agency in the event Agency decides to oppose the disclosure of the Confidential Information. In the event Agency decides not to oppose such subpoena or other legal process or Agency’s decision to oppose the subpoena or legal process has not been successful, Consultant shall be excused from the confidentiality provisions of this Section, to the extent necessary to meet the requirements of the subpoena or other legal process controlling the required disclosure.

13. Indemnity

a. Claims for Other Than Professional Liability. Consultant shall indemnify, defend, save, and hold harmless the Agency, State of Oregon, the OTC and ODOT, and their respective officers, members, agents and employees from any and all claims, suits, actions, losses, liabilities, damages, costs and expenses, including attorney fees, of whatsoever nature, resulting from or arising out of the acts or omissions of Consultant or its subcontractors, or their respective agents or employees, under the Contract.

b. Claims for Professional Liability. Consultant shall indemnify, defend, save, and hold harmless the…