On-Call Professional Land Surveying Services RFP UFSWQD.pdf

URBAN FLOOD SAFETY & WATER QUALITY DISTRICT

1880 NE ELROD DRIVE

PORTLAND, OR 97211

Request for Proposals ("RFP")

On-Call PROFESSIONAL LAND SURVEYING SERVICES

RFP No. S-Q10054-00012991

March 26, 2025

Qualifications:

• Required

The selected firm must:

• Possess a licensed to practice land surveying in Oregon.

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

Proposals Due: April 22, 2025, 5:00 PM PT Late proposals will not be accepted or considered.

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

Direct RFP Questions to: Q&A tab in OregonBuys https://oregonbuys.gov/bso

Direct Other Questions to: Trisha Schultz tschultz@urbanfloodsafetyor.gov

On-Call PROFESSIONAL LAND SURVEYING SERVICES https://oregonbuys.gov/bso https://oregonbuys.gov/bso https://oregonbuys.gov/bso mailto:tschultz@urbanfloodsafetyor.gov

-2-

OregonBuys website at https://oregonbuys.gov/bso for additional information regarding use of the OregonBuys system.

Proposal Documents:

RFP On-Call Land Surveying Services

Attachment A: Form of Proposed Contract

Attachment B: Proposer Information Form/Certifications

Attachment C: Reserved.

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

1. Introduction

The Urban Flood Safety & Water Quality District (“UFSWQD” and “District”), seeks written proposals from qualified vendors able to provide land surveying, research and legal descriptions to support easements and other legal documents, bathymetric surveys, construction staking and related services to support District-lead planning and design projects. Additional Services may include but are not limited to providing senior technical review or guidance for District-led projects, provide documentation to support engineering assessments, drawings, legal descriptions or related deliverables, supply other engineering or design-related services related to the repair, rehabilitation or replacement of District assets that support the internal drainage and levee system.

District will screen and select proposers as provided in ORS 279C.110(5). The District may award up to two (2) on-call price agreements, each for five (5) years for $750,000 each price agreement as a result of this RFP. Actual services performed pursuant to any contract awarded under this RFP will be on a task-by-task basis and will be requested by District in a written task order. Each task order will contain a detailed statement of work, performance schedule, and maximum level of compensation. In the event that District awards multiple contracts under this RFP, task orders will be assigned based on availability, expertise, and pricing considerations. District will (a) refer back to information provided in the written proposals, interviews (if applicable), and pricing proposals (if applicable) provided in response to this RFP and (b) subject to the requirements of ORS 279C.110, additional information District may require, to assess availability, expertise, and pricing for a particular task order. The contract term will be five (5) years with options to renew for an additional five (5) years.

On-Call PROFESSIONAL LAND SURVEYING SERVICES https://oregonbuys.gov/bso

-3-

1.1 About District

The Urban Flood Safety & Water Quality District was created by the Oregon State Legislature during the 2019 legislative session to modernize the management of the 27 miles of levee and water conveyance system that run from North Portland through Gresham, Fairview, and Troutdale. This special district replaced the four independent Drainage Districts, each of which manages parts of the system, and help to establish a safer, more modern and sustainable way to manage flood safety along the Columbia River in the Portland metropolitan region. The UFSWQD continues the work of the four legacy drainage districts, and takes on new services, including:

• Reduce the risk of flooding;

• Protect people and property from flood risk;

• Respond to flood emergencies;

• Convey water for the purpose of flood safety;

• Contribute to improved water quality, fish and wildlife habitat, floodplain restoration and landscape resilience;

• Promote equity and social justice in all aspects of the district’s operations;

• Prepare for and adapt to the impact of climate change in relation to the managed floodplain; and

• Provide the public with information regarding the cultural history of the territory in the managed floodplain.

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

2. Scope of Work

The selected surveyor will provide professional land surveying services in support of the District’s needs. The work will involve boundary surveys, topographic mapping, legal descriptions, and other related surveying services necessary to support project planning, design, permitting, and real estate needs over the next five years. Requested services may vary on a task-by-task basis and are not limited to the examples provided below:

2.1 Boundary and Easement Surveys

• Draft boundaries of existing easements.

• Investigate and establish geospatial extents of easements.

• Provide drawings (Geographic Information Systems (GIS)-compatible) with plotted easements.

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

-4-

• Provide exhibits and legal descriptions for both temporary and permanent easements.

• Obtain title reports and verify ownership records.

• Coordinate with title companies to resolve discrepancies.

2.2 Property/Project Mapping and Documentation

• Map properties and provide Computer Aided Design (CAD) and Portable Document Format (PDF) deliverables.

• Develop CAD drawings of existing conditions and easements, ensuring all data is stamped by a licensed Professional Land Surveyor (PLS).

• Ensure CAD files are provided to the District for internal use.

• Review tax lots in support of real estate reviews.

• Bathymetric surveys.

2.3 Construction and Topographic Surveys

• Provide surveying services to stake project boundaries, construction easements, etc.

• Provide topographic site surveys for future design and boundary surveying services.

• Conduct field surveys to collect elevation data and existing site features.

• Identify and locate all existing conditions and easements related to the project site.

2.4 Title Services Coordination

• Engage a title company or subcontract title services as needed.

• Review title reports and documentation for project sites.

• Assist in resolving encumbrances or ownership issues affecting the survey.

2.5 Development Review Support

• Provide support surveys and services for the Districts Development Reviews Program.

• Align survey work with evolving District real estate and infrastructure needs.

3. Expected Deliverables The surveyor shall provide the following deliverables:

• CAD files in specified format, as needed.

• PDF versions of all survey maps and legal descriptions.

• GIS-compatible shapefiles.

• Stamped survey reports and certifications.

• Title reports and related documentation if applicable.

• Surveying products related to capital delivery projects.

-5-

• Copies of all CAD files for District use.

4. Timeline/Deadlines

ACTIVITY DATE

Post Request for Proposal March 26, 2025 Deadline for Questions/Clarifications April 4, 2025, 5:00 PM PT Deadline for Addenda April 8, 2025, 5:00 PM PT Deadline for RFP Protests April 9, 2025, 5:00 PM PT Deadline to Withdraw Proposal April 22, 2025, 5:00 PM PT Deadline for Submission of Proposal April 22, 2025, 5:00 PM PT Initial Evaluation of Proposal (Phase 1) April 24, 2025 – May 8, 2025 Interviews (Phase 2) May 29, 2025 & May 30, 2025 Pricing Proposal Deadline June 2, 2025, 9:00 AM PT Notice of Intent to Award June 3, 2025 Deadline for Filing Protest of Award June 10, 5:00 PM PT Board Approval June 19, 2025 Anticipated Contract Negotiation June – July 2025 Contract Kickoff July 2025

The District reserves the right to deviate from this schedule.

5. RFP Clarifications and Protests; Addenda

5.1 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. The deadline for submitting such questions is set forth in Section 4.

5.2 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:

Trisha Schultz tschultz@urbanfloodsafetyor.gov

The deadline for submitting such protests is set forth in Section 4.

5.3 Content of Solicitation Protest/Request for Clarification

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

-6-

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

(b) 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;

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

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

5.4 Addenda

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

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

5.5 Extension of Closing

The District may extend the proposal due date and time set forth in Section 4 if it determines an extension is necessary to consider and respond to a properly filed protest.

-7-

6. Proposal Format, Content, and Submission

6.1 Proposal Format

District proposal standards:

(a) Proposal includes a one-page cover letter as the first page of the proposal. The cover letter is NOT included in the page count.

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

(c) Proposal addresses all evaluation criteria in the order presented in Section 6.4.

(d) Proposal may not exceed 12 pages or less in length, not including reports, resumes, cover letters, and required attachments.

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

6.2 Attachments: Proposer Certifications and Representations

Each proposal will include a completed Attachments B, 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.

6.3 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.

-8-

6.4 Proposal Responses to Evaluation Criteria

Cover Letter:

1. The Cover letter should address the Proposer’s willingness and commitment, if selected to provide the services offered.

2. The letter shall include: the name of the firm, the name, title, telephone number, and email address of the individual(s) authorized to represent the Proposer with respect to the RFP, signature of the legal representative authorized to bind the entity in contractual matters and must include a statement that Proposer agrees to accept the terms and conditions of the contract provisions.

3. The letter must identify if a second redacted proposal is included for public records.

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

Written Evaluation Criteria –Evaluation Phase 1

A. Qualifications Proposer must currently hold the following license(s). Include a copy of the license and/or certifications in proposal.

• Licensed to practice land surveying in Oregon.

Maximum Points Available:

Pass/Fail

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

1. Identify key personnel with prime and sub-contractors. Provide the following for project team members:

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

b. Describe their unique qualifications.

c. Describe their roles and responsibilities on this project.

2. Provide key personnel current resume (resumes can be limited to key personnel) for each (not to exceed 1 page each). Note:

Resumes are not included in the Proposal page count and may be included as an appendix.

3. Summarize the project management approach to complete this work, including topics such as: lines of authority, internal

Maximum Points Available:

-9-procedures to address work quality and cost control, and change management.

C. Proposing Firm’s experience with Surveying Services.

1. Describe your firm’s experience providing surveying services similar in scope and complexity to those outlined in this RFP.

2. Explain your approach to providing CAD and GIS deliverables, ensuring they align with both industry standards and specific client needs, including examples of past projects.

3. If utilizing subcontractors (e.g., title services, bathymetric surveys, etc.) provide details on their relevant experience and process for verifying and validating collected data before it is incorporated into final deliverables.

4. Detail your experience coordinating with title companies and resolving title-related survey issues, including examples of past projects that required title research or boundary dispute resolution.

Maximum Points Available:

D. Understanding of Requested Services, Approach and Implementation

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

2. Explain how you ensure data accuracy, consistency, and compliance with industry standards.

3. Describe your experience working with drainage districts and local, state, and federal agencies, and how that experience will help ensure success in coordinating surveying services for the District.

4. Provide at least three* examples of similar surveying projects, including project name, location, client, scope of work, survey methods used, timeline, challenges encountered, and final deliverables (e.g., CAD files, GIS data, legal descriptions).

*List these client’s names in Attachment H: References.

Maximum Points Available:

-10-

E. Diversity, Equity, & Inclusion Values The District’s Local Contract Review Board (LCRB) item # 650; The District commits to advance equity in public contracting, promote economic growth of COBID Certified Businesses and provide additional competition for District contracts.

Please provide responses to the following questions.

1. Is the Prime firm COBID Certified? If so, List Certification Number in Proposal.

Yes = 4 points

No = 0 points

2. Utilization of COBID Certified Subconsultant(s) (percentage of work to COBID certified sub). If so, List Certification Number in Proposal.

Maximum – 8 points

Minimum – 0 points

3. Describe the firm’s demographics

0-4 points

4. Describe the firm’s support for workforce diversity

0-4 points

Available: 20

Total Points Available: 100

Interview Criteria Evaluation Phase 2

Project Team: proposed key staff and staff experience, capacity and subcontracting.

Maximum Points Available 40

Proposer’s Capabilities Maximum Points Available 30

Project ApproachD Maximum Points Available 30

Total: Total Points Available: 100

-11-

Pricing Criteria Evaluation Phase 3

Available: 30

Provide a schedule of hourly rates that the proposing firm will charge for the work of each individual or labor classification that would perform the services that the District would require as part of the scope of services set forth in Section 2.

Provide a reasonable estimate of hours that the proposing firm will require to perform each of the services categories under Sections 2.1, 2.2, 2.3, 2.4, and 2.5 for a standard project.

Provide a list of expenses, including travel expenses, that the proposing firm will require to perform the scope of services set forth in Section 2.

6.5 Proposal Submission

Proposals must be uploaded to OregonBuys. The OregonBuys portal will not allow late proposals.

In the event of a failure of OregonBuys or the 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.

Proposals are due no later than the due date and time as set forth in Section 4.

Naming of the Proposal: Proposer Name-RFP Title and RFP Number.

6.6 Proposal Withdrawal

A Proposal may be withdrawn in person with proper identification, or by issuing a written request on company letterhead, signed by an authorized representative, and received by the District prior to 5:00 pm PST, on deadline to withdraw from the proposal process set forth in Section 4.

6.7 Confidential Information

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

192.338 to 192.355, or other applicable law.

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

Thereafter, the District will not disclose records submitted by a Proposer that are

-12-exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations:

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

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

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

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

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

Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the Multnomah County District Attorney or a court of competent jurisdiction.

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

7. Proposal Evaluation and Award

7.1 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.

7.2 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.

-13-

7.3 Proposal Evaluation

The evaluation process of this RFP will be comprised of a

• A written proposal (Phase 1).

• Interviews (should the District determine they are required, Phase 2).

• A price proposal (Phase 3).

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

(a) Written Proposal Evaluation –Phase 1

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

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

(b) Interview - Phase 2

(i) After scoring the written proposals, 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 as the sole discretion of the Evaluation Committee.

(i) Proposers selected for interviews will be notified by the Evaluation Committee at least 7 business days in advance of the interview date.

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

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

(v) 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.

-14-

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

(c) Price Evaluation – Proposal Phase 3

(i) District will announce the evaluation scores and rank for each interviewed proposer after completing the evaluation processes described in Section 7.3(a), and if applicable, Sections 7.3 (b) and (c). District may determine that as many as three of the top-ranked proposers are qualified to perform the services requested under this RFP and may request a pricing proposal (described in Section 6.4 above) for the scope of the services requested in this RFP from each of the top-ranked proposers. District will request a pricing proposal which is due one (1) day after Interviews (Phase 2) are complete; See Section 4 for deadline.

(ii) The rates set forth in pricing proposal constitute an offer that is irrevocable for at least 90 days after the date of the pricing proposal.

(iii) A top-ranked proposer may withdraw its written proposal from consideration if it does not wish to submit a pricing proposal.

(iv) Each evaluator will score the price proposal evaluation criteria.

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

(vi) If the District does not elect to conduct interviews with top-ranked proposers, the District will sum the total written evaluation score and the total price evaluation score (price evaluation score maximum reduced 15 Points) for each proposer to achieve a final, total score per proposer. If the District elects to conduct interviews with top-ranked proposers, the District will sum the total score identified in Section 4.3(c)(iii) and the total price evaluation score to achieve a final, 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.

-15-

7.4 Notification of Intent to Award

The District will notify Proposers of its Intent to Award on OregonBuys, the DJC and via email. The District intends to award up to two (2) Price Agreements.

7.5 Negotiation

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

(b) At any time during negotiations, the District may terminate negotiations with the highest-ranked Proposer, or the eligible Proposer with whom it is currently negotiating if the District believes that:

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

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

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

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

7.6 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.

8. Solicitation Terms and Conditions; Protest of Award

8.1 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.

-16-

8.2 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.

8.3 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.

8.4 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.

8.5 Proposal Validity

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

8.6 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.

8.7 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

-17-

(ii) The reason for the protest is:

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

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

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

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

Address protest to:

PROTEST OF AWARD: RFP NO. S-Q10054-00012991.

Trisha Schultz Email: tschultz@urbanfloodsafetyor.gov.

(5) All protests of Award must be in writing and received by the title of procurement official no later than 2:00 p.m. on the deadline for submitting such protests set forth in Section 4.

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

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

mailto:tschultz@urbanfloodsafetyor.gov

-18-

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

9. Contract Terms and Conditions

9.1 Contract Award and Term

The District intends to award up to two price agreements as a result of this RFP, each for five (5) years for $750,000 each price agreement.

9.2 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.

9.3 Insurance

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

Engineering Services Price Agreement Approved 7.17.2024

ATTACHMENT A SAMPLE CONTRACT

A&E SERVICES PRICE AGREEMENT

between

URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT

and

CONTRACTOR NAME

For

ON-CALL LAND SURVEYING SERVICES

Agreement Number: UFD-XXXX-XX-ESA

This PROFESSIONAL Services Price Agreement (“Agreement”) is made by and between the URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT, a municipal corporation of the State of Oregon ("District"), and [FULL LEGAL NAME OF CONTRACTOR] ("Contractor"), a _________ corporation by and through their duly authorized representatives, for (insert description of services).

This Agreement may refer to the District and Contractor individually as a “Party” or jointly as the “Parties”.

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

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

Recitals:

WHEREAS, to further its operations, the District desires to `________; and

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

WHEREAS, the District selected Contractor based on its Proposal;

The Parties agree as follows:

TERMS AND CONDITIONS

1. Initial Information

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

Urban Flood Safety and Water Quality District Contractor:

Name: Name:

Title: Title:

Address: Address:

City, State: City, State:

e-mail: e-mail:

Copy to: Trisha Schultz/Nicole Handley Copy to:

Procurement Services tschultz@urbanfloodsafetyor.gov nhandley@urbanfloodsafetyor.gov

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

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

d. Changes to Agreement.

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

2. Change Orders to a Statement of Work. The District and Contractor can agree to make changes, at any time to a Statement of Work or Task Order in the form of a Change Order.

Contractor agrees to timely alter the delivery of Goods or Services accordingly. If such changes materially increases Contractor’s obligations, the Parties shall execute an Amendment to the Agreement; the Parties shall negotiate in good faith a modified amount.

e.Payment for Work. The District agrees to pay Contractor in accordance with Exhibit 1.

On-Call PROFESSIONAL LAND SURVEYING SERVICES mailto:tschultz@mcdd.org mailto:nhandley@urbanfloodsafetyor.gov f.Compensation Cap. Each Task Order will include a not-to-exceed budget for a Project, including reimbursable expenses (the “NTE Project Budget”). Each NTE Project Budget is subject to the Compensation Cap, and an NTE Project Budget, when added to the total sum of the NTE Project Budgets set forth under all previously issued Task Orders, may not exceed the Compensation Cap.

g.Exhibits. This Agreement includes the following Exhibits:

Exhibit 1: Statement of Work, Compensation, and Invoicing Requirements Exhibit 2: Insurance Requirements Exhibit 3: Certification Statement for Corporation or Independent Contractor Exhibit 4: Key Personnel and Contractor’s Rate Schedule Exhibit 5: Contractor’s Proposal Exhibit 6: Sample Task Order Exhibit 7: Maps, etc.

a. Contract Documents. A Contract is created by the 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 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 Contract Documents; and

6. Amendments issued after execution of the Contract.

b. Order of Precedence. The terms of any document that forms 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 explicitly states that those terms amend specific terms of the Agreement or

(2) the Amendment explicitly states that those terms (a) “have been negotiated between the Parties and take precedence over any different or conflicting terms in the Agreement” and

(b) “apply solely to the Contract formed by execution of this Task Order and do not extend to any Contracts beyond this Task Order”;

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

3. This Agreement (excluding its exhibits);

4. Amendments issued after the execution of the Contract;

5. Task Orders;

6. Exhibits to this Agreement;

7. Consultant’s proposal, if applicable;

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

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

2. Consultant’s Duties.

a. Consultant Representative. Consultant shall identify a representative authorized to act for Consultant on each Project as identified in Exhibit 4: Key Personnel. 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 as listed in Exhibit 4: Key Personnel. Consultant shall not engage or assign any person or entity to whom District has made a reasonable and timely 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. Upon District 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’s policies, procedures, rules, and other protocols that have been provided to Consultant. 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.

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

2. Consultant shall rely on its professional judgment as to the accuracy and completeness of District-provided services and information. Consultant shall provide prompt written notice to District if Consultant becomes aware of any material deficiencies, errors, omissions, or inconsistencies in District services or information or if in Consultant’s opinion the Construction Cost Budget will not be sufficient to complete the construction as programmed.

c. Time is of the Essence. Time is of the essence in the performance of this Agreement and each Contract. Upon execution of a Task Order, Consultant shall begin providing Services and shall complete its performance in accordance with the Contract. Consultant shall not be responsible for delay in performance to the extent those delays are caused by circumstances beyond Consultant’s reasonable control.

d. Additional Services. Consultant shall perform only the Services authorized by this Agreement and under an individual Task Order. Additional Services (as defined in Exhibit 1) will be compensated only as authorized in writing by District. District will not pay for Additional Services made necessary by Consultant or any subconsultant mistakes.

e. Approvals; Permits. Consultant represents that it and its subconsultants have expertise and working knowledge of the applicable approval and permit application requirements of any governmental jurisdiction and shall be responsible to provide the Services in the form and at the time required to obtain such approvals or permits. To the extent required by the Contract Documents, Consultant shall assist District in preparing and submitting any such applications and will execute such applications on District’s behalf. Consultant shall not execute such documents for District.

f. Independent Contractor. Consultant shall perform all Services as an independent contractor.

Although District reserves the right to set the delivery schedule for the Services and to evaluate quality of completed Services, District cannot and will not control the means and manner of Consultant’s performance. Consultant is responsible to determine the appropriate means and manner of performing the Services. Consultant, Consultant’s employees, and any subconsultants are not “officers, employees, or agents” of the State of Oregon or District (as those terms are used in ORS 30.265) and shall have no authority to bind District for the payment of any cost or expense without District’s express written approval.

g. Other Service Providers. District reserves the right to enter into other agreements for work additional or related to a Project, and Consultant agrees to cooperate fully with these other contractors and with District personnel. When requested by District, Consultant shall coordinate its performance under this Agreement with such additional or related work.

Consultant shall not interfere with the work performance of any other contractor or District employees.

4. District’s Duties.

a. Written Information. Unless otherwise provided for under this Agreement, District shall provide written information in a timely manner on requirements and limitations on a Project.

This information shall include District’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements.

b. District Representative. District shall identify a representative authorized to act on its behalf for each Project on all of that Project’s matters. The District’s authorized representative will have the sole authority to make decisions for the District under a Contract.

c. Other Consultants. District shall coordinate the services of its own consultants with Consultant’s Services. Upon Consultant’s request, District shall furnish copies of the scope of services in the contracts between District and District’s consultants.

d. Site Access. District shall provide Consultant access to the Project site before Services begin and shall cause District contractors to provide Consultant access to their work wherever it is in preparation or progress.

5. Drawings, Specifications, and Other Documents.

a. Instruments of Service. Instruments of service (“Instruments of Service”) include drawings, specifications, and other documents, including those in electronic form, prepared by or on behalf of Consultant for District’s use with respect to a Project. Consultant will be deemed the author and owner of the Instruments of Service and may retain all common law, statutory, and other reserved rights, including copyrights.

b. Authorized Use. Consultant grants to District a nonexclusive, irrevocable, and perpetual license to use and reproduce Consultant’s Instruments of Service for purposes related to the Project. Consultant will obtain similar nonexclusive, irrevocable, and perpetual licenses from Consultant’s subconsultants consistent with this Agreement. All copies, including those in electronic form, of drawings, specifications, or other Instruments of Service provided to and retained by District under this Agreement will be the property of District, and District may use them without Consultant’s further authorization for any proper purpose relating to the Project, including but not limited to additions to or completion of the Project. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project does not constitute a publication in derogation of Consultant’s reserved rights. If and upon the date Consultant is in default of this Agreement, the foregoing license shall be supplemented by a second, nonexclusive license permitting District to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the Instruments of Service solely for purposes of completing, using, and maintaining the Project. Notwithstanding any other provision of this Section 5, Instruments of Service may be continuously used for construction of the Project until the Project is complete, regardless of any dispute between the parties, including without limitation any dispute for payment.

c. Changes; Unauthorized Use. Consultant is not responsible for changes to Instruments of Service made by others without Consultant’s knowledge and authorization. Any unauthorized use of the Instruments of Service will be at the user’s sole risk and without liability to Consultant. District’s use or distribution of the Instruments of Service for any purpose other than a purpose authorized under this Agreement will be at District’s risk, and to the fullest extent permitted by law and subject to the limitations of the Oregon Constitution and the Oregon Tort Claims Act, District agrees to indemnify and hold harmless Consultant, its principals, employees, and subconsultants from and against claims, damages, losses, and expenses (including attorney fees) for personal injury or death or damages to property arising out of or resulting from District’s unauthorized use of the Instruments of Service.

d. Records Maintenance. Consultant shall maintain complete and accurate records of all Services performed and all documents produced under this Agreement for ten years after completion or abandonment of a Project, including all accounting and financial records. Financial and accounting records must be maintained in accordance with generally accepted accounting practices in the industry. Consultant shall make these records available to District upon reasonable notice. Upon District’s request, Consultant shall submit exact duplicates of originals of all requested records to District.

6. Termination.

a. Unilateral. District may…