MCDD SCADA System Services RFP.pdf

MULTNOMAH COUNTY DRAINAGE DISTRICT #1

PENINSULA DRAINAGE DISTRICT #1

PENINSULA DRAINAGE DISTRICT #2

SANDY DRAINAGE IMPROVEMENT COMPANY

1880 NE ELROD DRIVE

PORTLAND, OR 97211

Request for Proposals ("RFP")

ON-CALL SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM

SERVICES

RFP No. S-C26014-00005235

Pre-Qualification:

Required Not Required

Pre-Proposal Conference:

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

RFP Availability:

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

Proposals Due: Not later than 2:00:00 P.M. PST, February 27, 2023 Late proposals will not be accepted or considered.

Submit Proposals to: Electronic Email Address: jkanoff@mcdd.org

Direct Questions to:

Procurement Contact: Jim Kanoff, Procurement & Contract Specialist Email: jkanoff@mcdd.org Deadline for Questions: February 15, 2023 4 p.m.

Deadline for Solicitation Protests: March 17, 2023, 4 p.m.

https://oregonbuys.gov/bso https://oregonbuys.gov/bso

Proposal Documents:

ON-CALL SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA)

SYSTEM SERVICES RFP

Attachment A: Form of Proposed Contract

Attachment B: Proposer Information Form/Certifications

Attachment C: Proposer Residency Information

Attachment D: Certification Statement for Corporation or Independent Contractor

Attachment E: Insurance Requirements

Attachment F: Workers’ Compensation Exemption Certificate

Attachment G: Affidavit of Non-Collusion

Attachment H: References

Attachment I: SCADA System Graphics

1. Introduction

Multnomah County Drainage District No. 1 (MCDD) is a special district government that provides flood protection for residents and businesses within its jurisdiction. MCDD has intergovernmental agreements with three other drainage districts in Multnomah County, (Peninsula Drainage District #1, Peninsula Drainage District #2, and Sandy Drainage Improvement Company) (including MCDD, collectively: “Districts”) to perform maintenance and manage operations in those Districts as well. Each district has an elected five-member Board that make decisions within the district’s purview.

The Districts are responsible for maintaining an interior drainage system of sloughs and ditches to remove stormwater. In order to do this, the Districts maintain and operate 10 pump stations via one centralized Supervisory Control and Data Acquisition (SCADA) system.

The current SCADA system was installed between 2001 and 2002 and serves as the cornerstone of the districts’ pump station operations. The District completed its process to replace its outdated cellular communication system with licensed 450 MHz radios in 2019. The purpose of this project is to continue to make refinements and provided ongoing maintenance with the current system to support its functionality, reliability, and performance for MCDD staff to manage its stormwater conveyance system.

The Districts are seeking proposals from qualified firms experienced in SCADA Systems to provide on-call SCADA system services related to equipment upgrades, programming, and ongoing maintenance (“Services”). The Contractor selected would provide these services to the Districts, as managed by the staff of MCDD.

This Request for Proposals describes the anticipated scope of services and the information that must be included in all proposals, as well as the proposal evaluation and selection process.

1.1 Background

Four separate special districts currently manage the 27-mile levee system that runs along the Columbia River and Columbia Slough from the railroad berm along N. Portland Road in North Portland on the west, to Troutdale and the confluence of the Columbia and Sandy Rivers on the east: Peninsula Drainage District #1 (PEN 1) Peninsula Drainage District #2 (PEN 2), Multnomah County Drainage District #1 (MCDD), and Sandy Drainage Improvement Company (SDIC) (collectively, Drainage Districts). These districts encompass nearly 13,000 acres.

Each district is an independent governmental entity with its own governing board and authority to collect assessments. The largest district, MCDD, serves as administrator and operator for PEN 1, PEN 2, and SDIC through Intergovernmental Agreements (IGAs) since 1997 and is the only district with staff and equipment.

MCDD conducts its work to achieve its mission: To enhance community safety and support the region’s vitality, MCDD reduces flood risk by maintaining our levee system, managing drainage, and responding to emergencies.

MCDD also administers the Urban Flood Safety & Water Quality District (UFSWQD), a new special district recently established by the Oregon State Legislature at the request of Levee Ready Columbia. The purpose of this new district is to take over the operations of the 4 districts within the next few years. For more information about the Urban Flood Safety & Water Quality District, please see the MCDD web site:

https://www.mcdd.org/who-we-are/ufswqd/.

1.2 SCADA System Overview

The SCADA system transmits data to a computer in the MCDD office regarding the status of the 14 pump stations and in-stream monitors within the Columbia Slough watershed. The same system allows updates to pump station settings in real-time, as needed during storm events. The Districts’ existing system consists of:

• GE MDS Orbit Series licensed 450 MHz radios, linking sites to the master station at the MCDD office via a repeater located in Camas, Washington

• 14 Programmable Logic Controllers (PLCs) o 12 GE IC200CPUE05 Versamax PLC’s, 1 GE 9030 PLC and 1

RX3i PLC https://mcdd.org/who-we-are/pen-1/ https://mcdd.org/who-we-are/pen-1/ https://mcdd.org/who-we-are/pen-2/ http://www.mcdd.org/who-we-are/mcdd/ http://www.mcdd.org/who-we-are/mcdd/ https://mcdd.org/who-we-are/sdic/ https://mcdd.org/who-we-are/sdic/ https://www.mcdd.org/who-we-are/ufswqd/

• 1,700 data tags with a maximum capacity of 35,000 data tags

• Total 1044 input/output points (I/Os)

• Cimplicity 9 software for viewing and controlling the entire system

• Proficy Machine Edition to program and maintain the PLC’s

• Win911 is used for alarming notification purposes

• Historian is used for database storage

Appendix I includes selected screen images and various graphics that provide additional detail regarding MCDD’s existing SCADA system.

What we expect from the consultant:

The Districts anticipate entering into one, non-exclusive master contract with the Contractor for the preventative and corrective maintenance Services of the RFP.

Actual work performed pursuant to this contract will be on a task-by-task basis and will be requested by the Districts in a written task order. Each task order will contain a detailed statement of work, timeline, and budget.

Additionally, the selected proposer (also referred to as “Integrator” herein) will need to itemize the services it provides to each district separately in its invoices.

1.3 Contract Term & Structure

The Districts intend to award a single contract as a result of this RFP. The contract term will be through April, 2028.

The Districts intend to enter into a multi-district, non-exclusive price agreement (see Attachment A for example agreement), one for all four Districts, for the Services.

Actual work performed pursuant to these contracts will be in an on-call, task order basis, and will be requested by the Districts in written task orders (“Task Order” or “Task Orders”). Each Task Order will contain a detailed statement of work, budget, and schedule. Contractor will itemize services it provides to each district separately in its invoices. Any amendments to contracts must be in writing and signed by both parties.

1.4 Method of Compensation

Once negotiated, the contract will use time and materials payment terms with no-to-exceed amounts based on each District’s budgets. The current anticipated budget is anticipated to be a not-to-exceed cap totaling $768,000.00, broken out as follows:

MCDD: $468,000.00

PEN 1: $ 78,000.00

PEN 2: $144,000.00

SDIC: $ 78,000.00

These compensation caps are subject to change.

1.5 Timeline/Deadlines

ACTIVITY DATE

Issuance of Request for Proposal February 1, 2023 Deadline for Questions/Clarifications February 15, 2023 4 p.m.

Deadline for Addenda February 20, 2023 4 p.m.

Deadline for Protest of Solicitation Documents February 21, 2023 4 p.m.

Deadline to Withdraw from RFP Process Any time prior to proposal due date.

Proposals Due February 27, 2023 2 p.m.

Evaluation of Proposals February 27 – March 2, 2023 (approx.)

Interviews (if required) March 6-8, 2023 (approx.)

Notice of Intent to Award March 10, 2023 Deadline for Filing Protest of Award March 17, 2023 4 p.m.

Anticipated Contract Negotiation March 13-17, 2023 Anticipated Contract Start (pending District Board Approval)

March 21, 2023

Contract Kickoffs March 27, 2023

The District reserves the right to deviate from this schedule.

1.6 RFP Clarifications and Protests; Addenda

(a) Informal Questions or Requests for Clarification

Any proposer requiring clarification of the information provided in this RFP may submit specific questions or comments in writing to the Procurement Contact shown on page 1 of this document. Email is the preferred form of written communication. The deadline for submitting such questions is set forth in Section 1.5.

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

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

Jim Kanoff, Procurement & Contract Specialist

Email: jkanoff@mcdd.org

The deadline for submitting such protests is set forth in Section 1.5.

(c) Content of Solicitation Protest/Request for Clarification

The proposer's written request for clarification or protest of the RFP must include all the following and otherwise comply with OAR 137-048- 0240(1):

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

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

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

(iv) A statement of the desired changes to the procurement process or the solicitation document that the proposer believes will remedy the conditions upon which the proposer based its protest or request.

(d) Addenda

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

Those who have registered their interest in the solicitation through OregonBuys will be notified of addenda by OregonBuys. Addenda will have the same binding effect as though contained in this RFP. The Contract Specialist will issue all addenda not less than five days prior to the proposal due date. Unless otherwise specified within an addendum, District’s issuance of addenda will not extend the proposal due date and time. Minor clerical errors related to or within addenda issued by District, including clerical errors in an addendum’s numbering or title, do not remove the responsibility of the proposer to acknowledge all addenda. If there are any questions related to the contents of the addenda, or how to interpret them, it is the responsibility of the proposer to elevate those concerns for the District’s consideration.

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

mailto:jkanoff@mcdd.org

(e) Extension of Closing

The District may extend the proposal due date and time set forth in Section 1.5 if it determines an extension is necessary to consider and respond to a properly filed protest under this Section 1.6.

(f) Cost of Proposal

In no event will the Districts be responsible for or reimburse proposers for costs incurred in preparation of proposals or for any other costs associated with or arising from any response to this RFP.

2. Scope of Work

The Districts have a variety of instrumentation, telemetry and drives varying in age and condition. The Systems Integrator is expected to be knowledgeable of analog and digital systems including transducers, in stream monitors (ISMs), pump controls and electrical control devices. These systems apply to master and remote telemetry systems, water elevations, flow meter registers and totalizers, electrical and hydraulically controlled valve, pressure gage indicators, and other system electronic control and monitoring devices or peripherals.

The Contractor should be qualified and available to fully complete execution of a variety of requests including;

• Repair, rebuilding, upgrading or replacement work of the telemetry, SCADA and instrumentation systems.

• Ancillary electrical equipment wiring.

District staff provides emergency response services in situations that affect its core mission. To support this work, the Contractor shall be available on a 24 hour per day, 7 days per week basis with a 2 hour response time providing one telephone number for servicing all telemetry, SCADA and instrumentation Systems. The normal hourly billing rate shall be as presented in the rate schedule provided by the Contractor as part of this proposal.

PLC Upgrade Installation

The Districts plan to prepare a separate task order for PLC upgrade & installation.

The Districts have budgeted for PLC replacement at all pump stations and in stream monitor stations.

Itemized work for the installation of system upgrades is listed below:

• Upgrade and install the system based on the agreed-upon design documents.

This includes the necessary equipment and hardware upgrades and/or replacements.

• Provide in-process training of the software, hardware, maintenance, and troubleshooting for MCDD operations crew, to enable them to effectively operate and maintain the system.

• Update Operations and Maintenance (O&M) manual of the system to incorporate new equipment

• Develop final Piping and Instrumentation Diagrams (P&ID’s), schematics and construction drawings with the available P&ID’s and drawings.

• Inspect and test the system after installation, working with Districts to resolve issues.

• Provide system warranty, maintenance, and support for at least one year, after the completion of the installation to the Districts’ satisfaction.

Note: All services provided, including programming and software, shall be warranted for parts and labor at a minimum of one year from the date of final acceptance. Hardware warranties are anticipated to last a minimum of five years.

Maintenance Services

Perform on-going maintenance on software and hardware of installed system, as requested by Districts.

The qualified firm or consultant(s) providing Systems Integration services shall provide annual services as agreed for the preventative and corrective maintenance of the District’s “System Control and Data Acquisition” (SCADA) equipment including GE MDS licensed radio communications system, variable frequency drives; and process equipment and other electrical and electronic instrumentation.

The firm or consultant(s) providing the services shall assist District maintenance staff in:

• Troubleshooting and repairing instrumentation & licensed radio communication system

• Software application changes or upgrades

• Any deletions or additions to the system as required

• Provide support for cybersecurity upgrades

Additional Services

• Provide Piping and Instrumentation Diagrams (P&IDs) and construction drawings.

• Provide evaluation and design reports.

• Provide a list of the hardware and software upgrades, including cost estimation.

• Complete a condition assessment report on the existing system and provide recommendations on improving the system.

• Provide programing and or integration with motor starters (VFD’s, Soft Starters) and other district equipment and monitors

• Project management for design and installation of SCADA related improvements

• Instrumentation and Control (I&C) and Electrical Design for Pump Station Trash Rakes and Transporter

• I&C Programming and Integration for the Portland International Raceway (PIR) Pump Station Replacement

• Replace Control Panels and Instrumentation at various Pump Stations

3. Proposal Format, Content, and Submission

3.1 Proposal Format

District proposal standards:

(a) Proposal includes a one-page cover letter as the first page of the proposal.

(b) Proposal includes Attachments B, C, D, F, G, and H.

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

(d) Proposal may not exceed 12 pages in length, not including reports, resumes, cover letters, cover page, table of contents, blank pages, section dividers, and like attachments.

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

3.2 Attachments: Proposer Certifications and Representations

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

3.3 Proposal Content

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

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

To facilitate review and evaluation, proposals should be prepared simply and economically, providing a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of this Request for Proposals (“RFP”), with the emphasis on completeness and clarity.

Proposers must be able to provide the general services listed in the Scope of Work for each of the specific service categories for which they are proposing. If Proposer is relying on subcontractors to perform any or all of the services included in Proposer’s submission, Proposer shall submit a listing of those subcontractors and a description of the services that the subcontractor will be providing.

Proposals must also provide a clear description of the proposer’s ability to perform the requested services and address all items identified in Section 3.4.

Proposals must contain sufficient information to enable the Districts to consider it in relation to other proposals and to determine which proposer is best suited to furnish the requested Services.

Proposals may include additional information concerning the proposer or the requested Services that is not specifically requested by this RFP if the proposer believes that such information would be useful to the Districts in evaluating its proposal.

3.4 Proposal Responses to Evaluation Criteria

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

The Evaluation Committee will consider and evaluate responsive proposals based on the selection criteria as outlined below and otherwise in this RFP. Although some of the criteria are given more weight than others, each proposer is expected to provide the Districts with a comprehensive proposal, which allows the Districts to do a complete evaluation based on the evaluation criteria. Notwithstanding the relative weights assigned to the evaluation criteria, the Districts may conclude that a proposer is not responsive based solely upon an extremely poor showing for any one of the evaluation criteria.

Written Evaluation Criteria

1. Team structure and key personnel qualifications

• Identify the proposed project manager and other key personnel.

Provide the following for these project team members:

Maximum Points Available: 15 o Their education background, directly related work experience, professional development and licenses.

o Their unique qualifications.

o Their roles and responsibilities on this project.

o The percentage of their time available to this project, along with a commitment from senior management regarding staff availability.

• Resumes for key individuals who will be assigned to the work.

• Describe how the team supports its employees to remain current in regard to technical developments and evolving regulations that drive technical work products.

2. Experience successfully undertaking similar work

• Provide an explanation how the project team would approach the services requested in Section 2 of this RFP. Highlight distinctive elements of this approach that would provide added value.

Supplement this response with examples from past projects.

• Develop a proposed set of tasks and preliminary schedule to complete the PLC upgrades described in Section 2. Clearly articulate work performed by subcontractors.

• Description of the quality control measures to be used related to technical products, budget, and schedule.

• Explain challenges the District might face in addressing these services and why your team is well-suited to address these.

• Include contact information for References to allow District to consider them in scoring this item.

Maximum Points Available: 45

3. Project examples for Oregon special districts or similar public agencies.

• Provide a list of projects that related to services requested in

Section 2 that the prime and subconsultants have completed over the last 10 years for an Oregon special district or a similar public agency in the Pacific Northwest.

Maximum Points Available: 15

4. Commitment to Promoting Equity The MCDD Board adopted a policy to promote diversity, equity, and inclusion in August 2020. By focusing on advancing equity, MCDD will be an organization that:

1. Nurtures a diverse, inclusive, and creative workforce.

2. Engages and collaborates with people who reflect the diversity of the communities the District

3. Provides leadership to advance equity through the delivery of water infrastructure and flood safety services.

To this end, please provide responses to the following questions, which reviewers will consider as a part of evaluating your responses.

A. How does your organization integrate equity into its work and how would you help us center equity and find outcomes that minimize

Maximum Points Available: 15 the burden placed on black, indigenous, and other underrepresented and marginalized communities?

B. How might you incorporate equity into the services requested in Section 2?

The District will give preference to firms that, in their statement of qualifications, demonstrate an understanding of the systems and barriers that continue to impact those outside the dominant culture and integrate practices into their business operations that prioritize diversity, equity and inclusion.

5. Project cost of proposed work plan and fees

Provide a fee structure and rates table that includes information for all firms included in your team regarding hourly rates, direct expenses, subcontractor markups, and other expenses that would be listed in your invoices.

Maximum Points Available: 10

Total Points Available: 100

3.5 Proposal Submission

Proposals must be delivered to the electronic address set forth on page 1 of this RFP no later than the due date and time set forth in Section 1.3. Proposals not received by the due date and time will be considered late. District will reject all late proposals.

Proposals must be submitted as email attachments. Proposers may submit proposals in the form of one file or as multiple files, provided that the files are clearly labeled to correspond to the file contents.

Proposals will be submitted with the following information in the proposal cover email:

(a) RFP Title.

(b) RFP number.

(c) Proposer name.

(d) Proposer address.

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

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

By submitting a proposal, a proposer acknowledges that: the proposer has read and understands this RFP; and the proposer is familiar with the conditions that will affect the proposer’s performance if the proposer is selected.

3.6 Changes and Signature

Changes to the proposal must be initialed by the person who signed or signs a proposal. Changes must be in accordance with OAR 137-047-0440 and other applicable law. Proposals must be signed by a person who is authorized to enter into contracts on behalf of the proposer and by signing a proposal that is submitted in response to this RFP the signatory represents and warrants that he or she has the requisite authority.

3.7 Proposal Withdrawal

A Proposal may be withdrawn in person with proper identification, or by issuing a written request on company letterhead, signed by an authorized representative, and received by the District prior to 2:00 pm PST, on deadline to withdraw from the proposal process set forth in Section 1.5 above.

3.8 Standard of Work

Under ORS 279B.060(2)(c), proposer must demonstrate that they will “meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services”.

3.9 Confidential Information

The District is subject to the Oregon Public Records Law (ORS 192.311 to 192.478), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted under Oregon Public Records Law or other applicable law.

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

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

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

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

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

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

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

(e) Proposers may not mark an entire proposal confidential. Should a proposal be submitted in this manner, the District will hold no portion of the proposal as confidential, unless such a portion is segregated as required under subsection (b) above and is determined exempt from Oregon Public Records Law.

Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the Multnomah County District Attorney or a court of competent jurisdiction. Additionally, confidential information may be disclosed if the public interest requires disclosure.

Prior to disclosing items labeled as confidential, but after the District determines that the items do not qualify for an exemption from disclosure, the District will make reasonable attempts to notify the proposer of the pending disclosure.

4. Proposal Evaluation and Award

4.1 Clarification of Responses

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

4.2 Site Visits/Informational Activities

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

4.3 Proposal Evaluation

The evaluation process of this RFP will be comprised of a

• A written proposal.

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

An Evaluation Committee, consisting of not less than three individuals, will evaluate responsive proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria. The District may assign certain evaluators specific evaluation criteria, in alignment with the evaluator's expertise. District also reserves the right to have different Evaluation Committees for proposal evaluation, interview evaluation, or price evaluation, if it chooses to.

(a) Written Proposal Evaluation

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

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

(b) Invitation for Interview

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

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

(iii) Proposers selected for interviews will be notified in advance as per section 1.5.

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

(c) Interview Evaluation (if required)

(i) Each evaluator will score the interview based on the interview evaluation criteria listed in Section 3.4.

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

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

(d) References

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

4.4 Notification of Intent to Award

The District will notify proposers of its Intent to Award by posting such notification on OregonBuys.

4.5 Negotiation

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

(b) At any time during negotiations, the District may terminate negotiations with the highest-ranked responsive proposer, or the next highest-ranked responsive proposer, etc. with whom it is currently negotiating if the District believes that:

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

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

(c) If the District terminates negotiations with a proposer, the District may then commence negotiations with the next highest-ranked responsive proposer.

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

4.6 Award of Contract

If the District awards a contract pursuant to this RFP, it will award a contract to the responsible proposer whose proposal the District determines in writing is the most advantageous to the District based upon the evaluation process and criteria described in this RFP, applicable preferences, and the outcome of any negotiations authorized by this RFP.

5. Solicitation Terms and Conditions; Protest of Award

5.1 District Right to Cancel Solicitation

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

5.2 Proposer Cost of Response Preparation

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

5.3 Submitted Materials are District Property

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

5.4 Additional District Reservations

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

5.5 Proposal Validity

Proposals will remain valid for a period of 90 days following the proposal submission deadline.

5.6 Sufficient Information

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

5.7 Protests

(a) Protest of Contract Award

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

(i) The proposer is adversely affected because the proposer would be eligible to be awarded the contract in the event that the protest is successful; and

(ii) The reason for the protest is:

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

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

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

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

Label protest as: “PROTEST OF AWARD: RFP NO. S- C26014-00005235”

Address protest to:

Jim Kanoff, Procurement & Contract Specialist Email: jkanoff@mcdd.org

(5) All protests of Award must be in writing and physically received by the procurement official no later than 2:00 p.m.

on the deadline for submitting such protests set forth in mailto:jkanoff@mcdd.org

Section 1.5, unless otherwise stated in the Notice of Intent to Award.

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

(7) Protests not filed within the time specified in paragraph 5 above, or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based will be dismissed. An issue that could have been raised by request for clarification or protest of the solicitation is not a ground for protest of award.

(b) The District will resolve all protests in accordance with OAR 137-047- 0740.

6. Contract Terms and Conditions

6.1 Contract Award and Term

The District intends to award a single contract as a result of this RFP. The District desires to compensate on Net 30 payment terms for this contract.

6.2 District Contract

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

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

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

6.3 Insurance

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

In an effort to encourage participation, if any of the insurance requirements would discourage a proposer from responding to this solicitation, proposer may indicate this in their proposal for consideration by the District.

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AGREEMENT FOR SCADA CONTROL SYSTEM SERVICES AND RELATED

SERVICES

between

MULTNOMAH COUNTY DRAINAGE DISTRICT NO. 1

PENINSULA DRAINAGE DISTRICT NO. 1

PENINSULA DRAINAGE DISTRICT NO. 2

SANDY DRAINAGE IMPROVEMENT COMPANY

COLUMBIA CORRIDOR DRAINAGE DISTRICTS JOINT CONTRACTING AUTHORITY

and

CONSULTANT NAME

Agreement:

MC-###-####-SA

P1-###-####-SA

P2-###-####-SA

SD-###-####-SA

JCA-###-####-SA

This Agreement for SCADA Control System Services and Related Services (this “Agreement”) is made by and between Multnomah County Drainage District No. 1 ("MCDD"), Peninsula Drainage District No. 1 ("PEN 1"), Peninsula Drainage District No. 2 ("PEN 2"), and Sandy Drainage Improvement Company ("SDIC"), municipal corporations of the State of Oregon;

Columbia Corridor Drainage Districts Joint Contracting Authority ("JCA") , an intergovernmental entity created under ORS 190 (each, a "District," and collectively, the

"Districts"); and [FULL LEGAL NAME OF CONSULTANT] (“Consultant”).

CONSULTANT DATA

Consultant attests that it is an independent contractor solely responsible for the work performed under this Agreement. Consultant, its subconsultants, employees, and agents shall not be deemed employees of any District. Consultant shall be responsible for all federal, state, and local taxes and any and all fees applicable to payments for Services under this Agreement.

Full Business Name: Error! Reference source not found.

Address:

City, State, ZIP:

Business Telephone:

Facsimile:

Email:

Federal Tax Identification Number (“TIN”) or Social Security Number (“SSN”):

Oregon Business License:

ATTACHMENT A

SAMPLE CONTRACT

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Consultant must submit a completed “Request for Taxpayer Identification Number and Certification” (Form W-9) with this signed Agreement. Payment information will be reported to the Internal Revenue Service under the name and TIN or SSN, whichever is applicable, provided by Consultant.

Consultant certifies under penalty of perjury that Consultant is a

Sole Proprietor Corporation Limited Liability Company Partnership Other [describe: ]

TERMS AND CONDITIONS

1. Initial Information.

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

Unless earlier terminated as provided below, the termination date is the later of [insert date] or the date on which the last work under any Statement of Work, Task Order or other ordering document has been performed (“Termination Date”).

b. Agreement Renewal. This Agreement may be renewed upon mutual agreement of Consultant and Districts in writing up to five years from the initial execution of this Agreement.

c. Consultant's Contract to Provide Services. Consultant agrees to provide the Districts with the Services described in Exhibit 1 (Statement of Work) and elsewhere in this Agreement (“Services”). Consultant will perform Services upon issuance of a task order from a District identifying a specific project (“Project”), scope of work, schedule, and price (“Task Order”). No District, however, has any obligation to issue any Task Orders to Consultant under this Agreement.

All Task Orders, contracts, purchase orders, accepted proposals, and requests for Services issued by a District to Consultant under this Agreement are subject to and governed by this Agreement, and this Agreement is incorporated into each Task Order. Although all Services are subject to this Agreement, the parties will create a Task Order for any Services as a prerequisite for any payment to the Consultant for Services.

d. Compensation Cap. The maximum amount of compensation to be paid to Consultant by each District under this Agreement is as follows (the amount shown below for each District is that District’s “Compensation Cap”):

MCDD: $[INSERT AMOUNT]

PEN 1: $[INSERT AMOUNT]

PEN 2: $[INSERT AMOUNT]

SDIC: $[INSERT AMOUNT]

JCA: $[INSERT AMOUNT]

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

e. Exhibits. This Agreement includes the following Exhibits:

Exhibit 1: Statement of Work, Compensation, and Invoicing Requirements (including Schedule A to Exhibit 1)

Exhibit 2: Insurance Requirements Exhibit 3: Certification Statement for Corporation or Independent Consultant Exhibit 4: Workers’ Compensation Exemption Form.

Exhibit 5: Consultant’s Rate Schedule Exhibit 6: Specification, Drawings, and Maps

f. Agreement Documents. A Contract is created by a District’s issuance, and the Consultant’s acceptance of, a Task Order. A Contract consists of the Contract Documents, which are as follows:

1. This Agreement;

2. A Task Order;

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

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

5. Other documents incorporated by the terms of the Agreement; and

6. Amendments issued after execution of the Contract.

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

1. Terms of an amendment issued after the execution of the Contract, provided that (1) the Amendment is an amendment to this Agreement, or (2) The amendment is an amendment to a Task Order or any other Contract Document listed in Section 1(f) (other than this Agreement) and explicitly states that the terms “have been negotiated between the Parties and take precedence over any different or conflicting terms in the Agreement and apply solely to the Contract formed by execution of this Task Order.”

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2. Terms within a Task Order if the Task Order explicitly states that those terms “have been negotiated between the Parties and take precedence over any different or conflicting terms in the Agreement and apply solely to the Contract formed by execution of this Task Order and do not extend to any Contracts beyond this Task Order.”

3. This Agreement (excluding its Exhibits).

4. Amendments to a Task Order, to this Agreement, or to any other Contract Document listed in Section 1(f) issued after the execution of the Contract, if subsection (1) of this Section 1(g) does not apply.

5. Task Orders, if subsection (2) of this Section 9(g) does not apply;

6. Exhibits to this Agreement;

7. Consultant’s proposal as referenced in this Section, if applicable;

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

9. Other documents incorporated by the terms of the Agreement.

h. Agreement Administration.

1. This Section applies does not apply to this Agreement. Through prior intergovernmental agreements signed by the Boards of Supervisors of Peninsula Drainage District No. 1, Peninsula Drainage District No. 2, and Multnomah County Drainage District No. 1 (“MCDD”), and the Board of Directors of Sandy Drainage Improvement Company, municipal corporation of the State of Oregon and Columbia Corridor Drainage Districts Joint Contracting Authority (collectively, the “Districts”), MCDD is designated to administer this Agreement on behalf of the Districts.

2. In the event that specified MCDD personnel are no longer able to administer this Agreement, the Executive Director of MCDD shall designate new MCDD staff to administer this Agreement. All parties will be notified in writing if such change occurs.

2. Consultant’s Duties.

a. Consultant Representative. Consultant shall identify a representative authorized to act for Consultant on each Project. District has the right to review and approve any representative proposed by Consultant, which approval shall not be unreasonably withheld. Consultant shall not appoint a representative to whom District has reasonably and timely objected. Consultant shall not substitute representatives without District’s review and approval. Consultant acknowledges that this Agreement was awarded in part on the basis of the unique background and abilities of the key personnel and subconsultants identified by Consultant. Consultant shall not remove, re-assign, or replace key personnel without District’s prior written consent.

b. Subconsultants. Consultant shall identify by firm, name, and title, the primary subconsultants who will perform Services under a Contract, prior to their work under the Contract. Consultant

-5-shall not engage, or assign Services to, any person or entity to whom District has made a reasonable objection. District has the right to review and approve any subconsultant substitutions proposed by Consultant.District shall not unreasonably withhold its review and approval of these substitutions. In addition to any other provisions the District may require, in any permitted subcontract under this Agreement, Consultant shall require that the subconsultant be bound by all the same terms and conditions of the Contract. Such subcontracts are solely between Consultant and the subconsultant and shall not have any binding effect on District. Upon District’s request, Consultant shall promptly provide copies of Consultant’s agreements with subconsultants.

c. Conflicts. Consultant represents that Consultant has no existing interest and shall not acquire any interest, direct or indirect, that would reasonably appear to interfere in any manner or degree with the performance of Services under this Agreement and that Consultant shall employ no person having such interest.

d. Insurance. Before beginning any Services, Consultant shall obtain and maintain for the duration of this Agreement all insurance coverages listed in Exhibit 2 (Insurance Requirements).

Maintenance of insurance coverage is a material element of this Agreement and Consultant’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement, as required or when requested, may be treated as a material breach.

3. Scope of Consultant’s Services.

a. Legal and Policy Compliance. Consultant shall provide the Services described in detail in Exhibit 1 and specified within any Task Order in accordance with the terms of this Agreement, federal, state, or local law or ordinance, all regulations and administrative rules established pursuant to those laws, and all applicable District policies, procedures, rules, and other protocols that have been provided to Consultant or are provided to Consultant during the term of this Agreement. Consultant shall provide the Services so that each Project will be completed as expeditiously and economically as possible within the total budgeted cost to District and in District’s best interests.

b. Standard of Care. Consultant shall perform the Services with skill, care, and diligence in accordance with the standard of care applicable to such Services performed by recognized firms providing similar services in District and on projects similar to the Project. Consultant shall be responsible to District for all Services provided whether provided by Consultant or by subconsultants it engages.

c. Licensing. All persons or entities providing Services under this Agreement shall be licensed as may be required by Oregon law.

d. Notice of Deficiencies. Consultant shall rely on its professional judgment as to the accuracy and completeness of District-provided services and…