Pump Maintenance and Repair Services On-Call RFP final.pdf

MULTNOMAH COUNTY DRAINAGE DISTRICT #1

1880 NE ELROD DRIVE

PORTLAND, OR 97211

Request for Proposals (“RFP”)

PUMP MAINTENANCE AND REPAIR SERVICES

RFP No. S-C26014-00006693

PENINSULA DRAINAGE DISTRICT #1

PENINSULA DRAINAGE DISTRICT #2

MULTNOMAH COUNTY DRAINAGE DISTRICT #1

SANDY DRAINAGE IMPROVEMENT COMPANY

Proposals Due: Not later than 2:00 p.m. PST, September 7, 2023 Late proposals will not be accepted or considered.

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

Direct Questions to:

Procurement Contact: Nicole Handley Email: nhandley@mcdd.org Phone: (971) 378-2078

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.

mailto:nhandley@mcdd.org mailto:nhandley@mcdd.org https://oregonbuys.gov/bso https://oregonbuys.gov/bso

Proposal Documents:

PUMP MAINTENANCE and REPAIR 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: Map

Attachment J: Pictures

1. Introduction

Multnomah County Drainage District No. 1 seeks written proposals from qualified vendors able to provide on-call pump maintenance and repair services to Multnomah County Drainage District (“MCDD”), Peninsula Drainage District #1 (“PEN 1”), Peninsula Drainage District #2 (“PEN 2”), and Sandy Drainage Improvement Company (“SDIC”), referred to collectively as “the Districts” or “Districts.”

The Districts are seeking proposals from qualified professionals with proven Pump Maintenance and Repair Services experience, including electrical and mechanical testing and repairs. The intent is to establish ongoing relationships with a set of qualified contractors to provide these services on an “on-call” or “as-needed” basis for a period of up to five (5) years.

Proposals that include subcontractors or consultant teams are equally acceptable as those from a single firm. The Districts plan to award up to three contracts for this work. The Districts are not guaranteeing any specific amount of work as a result of this RFP or award of Contract(s).

This RFP describes the anticipated scope of services, the information that must be included in all proposals, and the proposal selection process. All proposals should be submitted as set forth in the solicitation document. Individuals and firms responding to this RFP are responsible for submitting qualifications in the manner, format, and to the delivery point described in the RFP.

The Districts reserve the right to waive any or all informalities and irregularities; cancel the Request for Proposals; and/or reject any or all qualifications if doing either would be in the public interest as determined by the Districts.

1.1 Background

OVERVIEW OF THE DISTRICTS

Four century-old special districts currently manage the 27-mile levee system that runs along the lower 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 called, “the Drainage Districts”). These districts encompass nearly 13,000 acres of land, which include over 7,500 residents, 59,000 jobs, 2,000 acres of parks and natural spaces and critical public infrastructure like the Portland International Airport, the region’s back-up drinking water supply, multiple electrical substations, three interstate highways, and much more. Each drainage district is an independent governmental entity with its own governing board and authority to collect assessments. The largest district, MCDD, has administered and provided services to the other three districts on a contract basis since 1997. MCDD is the only district with staff and equipment.

The four Drainage Districts formed the Columbia Corridor Drainage Districts Joint Contracting Authority (JCA) to advance projects in which they have joint and common benefits, which includes supporting and servicing Levee Ready Columbia, a regional partnership of public, private, and nonprofit organizations working collaboratively to modernize the flood safety infrastructure and the way it is managed.

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 district is to take over the delivery of flood safety along the Columbia River in Multnomah County once a revenue structure has been established. The new district has larger boundaries, tied to the Urban Growth Boundary of Multnomah County as set by Metro, and it has a broader set of authorities that include providing flood safety; responding to flood emergencies; contributing to improved water quality, fish and wildlife habitat, floodplain restoration and landscape resilience; preparing for and adapting to the impacts of climate change; promoting equity and social justice in all aspects its operations;

and providing the public with information regarding the cultural history of the territory.

The initial board of the UFSWQD is currently working to establish a revenue structure for the district so it can take over the operations and maintenance of the existing flood safety infrastructure. Once the revenue structure has been established, the UFSWQD board will call for the dissolution of the four Drainage Districts and take over management of the system.

1.2 Contract Term & Structure

The Districts intend to award any contracts negotiated as a result of this RFP for a period of up to five (5) years.

The Districts, at their sole discretion, may choose to award contracts to up to three of the highest ranked proposers as deemed necessary and appropriate to complete the body of work described in this RFP and anticipated over the next five years. If contract negotiations are unsuccessful with any of the highest ranked firms, MCDD reserves the right to enter into negotiations with the next highest ranked Proposers.

Those decisions will be contingent upon responses to this RFP and any interviews held by the Districts.

The Districts intend to enter into multi-district, non-exclusive price agreements (see Attachment A for example agreement), one for all four Districts, for the Services with each selected proposer (also referred to as “Contractor” herein).

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 the services it provides to each District separately in its invoices. Any amendments to contracts must be in writing and signed by both parties.

1.3 Estimated Contract Not-to-Exceed amounts

The contracts resulting from this RFP are anticipated to be awarded in Not-to-Exceed amounts totaling $750,000.00, broken out by District as follows:

MCDD $350,000.00

PEN 1 $100,000.00

PEN 2 $200,000.00

SDIC $100,000.00

Each individual contract Not-to-Exceed amounts will be determined based on District, Services, and Contractor.

1.4 Timeline/Deadlines (all times shown Pacific Daylight Time)

ACTIVITY DATE

Issuance of Request for Proposals August 10, 2023 Deadline for Questions/Clarifications August 24, 2023, 4 p.m.

Deadline for Addenda August 29, 2023, 4 p.m.

Deadline for RFP Protests September 6, 2023, 4 p.m.

Deadline to Withdraw from RFP Process Any time prior to deadline for Submission of

Proposal Deadline for Submission of Proposals September 7, 2023, 2 p.m.

Initial Evaluation of Proposals September 11 - 14, 2023 Notice of Intent to Award (if no interviews) September 15, 2023 Deadline for Filing Protest of Award (if no intervs) September 23, 2023, 4 p.m.

Interviews (if required by District) September 20 - 21, 2023 Notice of Intent to Award (if interviews held) September 22, 2023 Deadline for Filing Protest of Award September 29, 2023, 4 p.m.

Anticipated Contract Negotiation October 2 - 20, 2023 Board Approval of Award October 24, 2023 Anticipated Notice to Proceed (pending District Board approval)

November 1, 2023

Contract Kickoffs November 8, 2023

The District reserves the right to deviate from this schedule.

1.5 RFP Clarifications and Protests; Addenda

a) Informal Questions of 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 1.4.

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

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

Nicole Handley

Email: nhandley@mcdd.org

The deadline for submitting such protests is set forth in Section 1.4.

c) Content of Solicitation Protest/Request for Clarification

The 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):

(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 via email by OregonBuys. Addenda will have the same binding effect as though contained in the 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 mailto:nhandley@mcdd.org 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.

e) Extension of Closing

The District may extend the proposal due date and time set forth in Section 1.4 if it determines an extension is necessary to consider and respond to a properly filed protest under this Section 1.5.

2. Scope of Work

The District seeks highly qualified contractors to provide Pump Maintenance and Repair Services.

Requested services may vary on a task-by-task basis and will include the following areas of work:

The District maintains 12 pump stations and 29 pumps. The pumps are mostly vertical turbine single stage pumps and a few submersible pumps. The pumps and motors range in size from 6” pumps and 10 HP motors to 48” pumps and 700 HP motors. The pumps and motors are from a variety of manufacturers.

Some of the pump and motor brands include these pump manufacturers:

• Peerless

• Byron Jackson

• Cascade

• Myers

• Flygt

The motor manufacturers include:

• U.S. Motor

• Westinghouse

Many of the pumps and motors are around twenty-five years old with a few new pumps, and the oldest pumps dating back to the 1950’s. The District’s intent is to contract for the following services, including any work or modification required to rebuild, repair, and replace pumps, motors, pump and motor controls, and pump station buildings on an On-Call basis:

• pump and motor repair

• trouble shooting

• preventative maintenance

• pump replacement.

• pump station building repair

• electrical and motor controls repair

The Work the selected Contractor(s) will provide includes, but is not limited to, the following:

• Troubleshooting and/or repairs to an inoperative or malfunctioning pump and motor system including controls.

• Preventative maintenance, inspect and test, pumps, motors and related equipment as needed.

• New, replacement, and/or modification of pump and motor installation. (However, if a new or replacement pump is needed, the District, at its sole discretion, reserves the right to enter into an agreement outside of this Contract.)

• Pump station building repair and maintenance, concrete and wood structures with flat membrane roofs.

• Electrical repairs and maintenance including motor controls repair and maintenance

• Provide technical assistance and/or professional advice on repairs and related tasks

The Contractor shall furnish all labor, equipment, tools, parts, materials, and supplies as required. This includes the provision of all replacement parts and component systems for existing pump facilities in accordance with all original equipment manufacturer specifications. Repair, replacement, removal, and installation services provided by the selected Contractor shall comply with and conform to all applicable Federal, State and local regulations, laws and codes. Pump maintenance and repair services and all related work defined herein shall be performed in accordance with industry best practices.

The services shall additionally include, but not be limited to:

• Expediting Services

• Regular Service Calls

• Emergency Service Calls

Project deliverables:

• Prepare AutoCAD or paper design/shop drawings of parts machined/manufactured.

• Prepare Reports including detailed measurements and explanation of all inspection work prior to repairs.

• The work performed on all service calls shall be documented (written and photographs) and given to the District or designee upon service completion.

• Prepare Reports and maintain records of preventative maintenance testing/work.

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. The Cover letter should include the following:

• Provides business registration number(s) and MWESB certification numbers (if relevant)

• Includes a statement of validity for 90 days

• Makes clear that draft contract has been reviewed and notes any potential areas for negotiation should the company be selected to provide services

• Letter is signed by an authorized party

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

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

d) Proposal may not exceed 10 pages in length. The page limit does not include cover or divider pages, reports sample plans, resumes, and Attachments above. Each 8.5” x 11” sheet will count as one page;

each 11” x 17” sheet will count as two pages. District reserves the right, in its sole discretion, to not review any part of the proposals longer than 10 pages.

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

3.2 Attachments: Proposer Certification and Representations

Each proposal will include completed Attachments B, C, D, 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.

3.4 Proposal Responses to Evaluation Criteria

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

Written Proposal Evaluation Criteria Total Points

1 Approach to Work & Project Work Plan All Proposals

• Demonstrate an understanding of the Districts and the types of services requested.

• Summarize your team’s project management approach to complete this work.

Include topics such as methods to meet work schedules and budgets, internal procedures to address work quality, and any adaptive/best management practices.

• Describes general understanding of the Scope of Work (Section 2) and the Proposers’ experience and approach to the work. Specifically identifying the five main service areas:

• Pump troubleshooting and repair

• Preventative Maintenance

• New Replacement or modification of pumping system

• Building Repair and maintenance

• Electrical and motor controls repair

2 Team Structure & Key Personnel Qualifications

• Provide a brief profile describing the relevant experience, qualifications, and roles of the individuals expected to work on this contract.

• Include any unique qualifications relevant to Scope of Work in Section 2.

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 1.4. Proposals not received by the due date and time will be considered late. The 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 assume the risk of premature disclosure of any proposal submission due to submission in an unsecure form.

Describe the team structure. If subcontractors will be engaged, please detail how they will be used.

3 Experience & Work Samples

• Demonstrate experience with at least five project examples that highlight successfully completed work outlined in the Scope of Work (Section 2) for this submittal, specifically:

• Provide an explanation of 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.

• 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.

4 Fee Structure & Rates

• Describe and list fee structure and hourly rates (including any sub-contractors).

• Describe how your team’s approach will provide good value to the District as a steward of public funds.

If applicable, please provide any hourly rates or other costs for services you provide.

5 Commitment to Environmental Sustainability and Equity

• Describe how your team strives to lessen environmental impacts.

• Describe how your team advances Diversity, Equity, and Inclusion (DEI) into your work culture and/or the services that you provide. Please provide examples of how you consider equity in your services.

Total 100

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.

3.6 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 digitally by the District by the deadline to withdraw from the proposal process set forth in Section 1.4 above.

3.7 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 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:

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

(ii) Proposer must separate confidential pages from its other proposal pages by providing the confidential pages to District in a separate email file attachment.

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

(iv) Subsections (i) and (ii) above will prevail in the event these provisions conflict with formatting or response instructions elsewhere in this document.

(v) 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 (ii) 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.

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”.

4. Proposal Evaluation, and Award Format, Content, and Submission

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

The District does not intend to conduct any site visits or informal activities related to this solicitation.

4.3 Proposal Evaluation

The evaluation process of this RFP will be comprised of:

• A written proposal.

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

An Evaluation Committee, consisting of no less than three individuals, will evaluate responsive proposals. Each evaluation will independently evaluate and score proposals in accordance with the Evaluation Criteria in section 3.4. 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 and interview evaluation, if it chooses to. Interviews may be requested prior to final selection of firm(s). In the event that one or more proposals are in need of clarification, the Districts will request such clarification in writing and will afford the proposer(s) contacted an opportunity to respond in kind, with the necessary clarification.

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 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 1.4.

(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) 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.

(ii) 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(s).

b) At any time during negotiations, the District may terminate negotiations with the highest-ranked responsive proposer(s), 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 any contracts pursuant to this RFP, it will award contracts to the responsible proposer(s) whose proposal the District determines in writing is the most advantageous to the District based upon the evaluation process and criteria described in the RFP, applicable preferences, and the outcome of any negotiations authorized by this RFP.

5. Solicitation Term 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-C26014-00006693”

Address protest to: Nicole Handley, Contract Administrator Email: nhandley@mcdd.org

5. All protests of Award must be in writing and physically received by the procurement official no later than 4:00 p.m. on the deadline for submitting such protests set forth in Section 1.4, 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 up to three contracts as a result of this RFP.

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 proposers will be invited to enter into contracts in substantially the form attached hereto as Attachment A. It is anticipated that this will be in the form of more than one separate contract documents, one for each District.

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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MULTI-DISTRICT PRICE AGREEMENT FOR SERVICES

(279B with Prevailing Wage) between

MULTNOMAH COUNTY DRAINAGE DISTRICT NO. 1

PENINSULA DRAINAGE DISTRICT NO. 1

PENINSULA DRAINAGE DISTRICT NO. 2

SANDY DRAINAGE IMPROVEMENT COMPANY

and

CONTRACTOR NAME

Agreements:

MC-####-###-SPA

P1-####-###-SPA

P2-####-###-SPA

SD-####-###-SPA

This Multi-District Price Agreement for Services (this “Agreement”) is made by and between the

MULTNOMAH COUNTY DRAINAGE DISTRICT NO. 1 ("MCDD"), PENINSULA

DRAINAGE DISTRICT NO. 1 ("PEN 1"), PENINSULA DRAINAGE DISTRICT

NO. 2 ("PEN 2"), SANDY DRAINAGE IMPROVEMENT COMPANY ("SDIC"),

MUNICIPAL CORPORATIONS OF THE STATE OF OREGON, (EACH, A

"DISTRICT," AND COLLECTIVELY, THE "DISTRICTS"), and [FULL LEGAL NAME OF CONTRACTOR] ("Contractor").

The parties agree as follows:

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 [insert date] (“Termination Date”).

b. Agreement Renewal: This Agreement may not be renewed beyond the original term.

c. Contractor’s Contract to Provide Services. Contractor agrees to provide a DISTRICT with the Services described in Exhibit 1 (Statement of the Work) upon issuance of a task order from that DISTRICT identifying a specific project or request for services (a “Project”), scope of work, schedule, and price (a “Task Order”). No DISTRICT, however, has any 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 a DISTRICT to Contractor under this

ATTACHMENT A

Sample Contract

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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, issuance of a Task Order for any Services is a prerequisite for any payment to Contractor for Services.

d. Payment for Services. The DISTRICT agrees to pay Contractor in accordance with Exhibit 1.

e. Compensation Cap. The maximum amount of compensation to be paid to Contractor 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]

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 previously issued Task Orders by that DISTRICT, may not exceed that DISTRICT’s Compensation Cap.

f. 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: Workers’ Compensation Exemption Form.

Exhibit 5: Contractor’s Rate Schedule Exhibit 6: [Add proposal, or other relevant attachments]

g. Contract Documents. A Contract is created by a DISTRICT’s issuance, and Contractor’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 Contractor, 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

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Budget. No terms or conditions of a proposal from Contractor (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 to a Task Order, to this Agreement, or to any other Contract Document listed above issued after execution of the Contract.

h. 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 where:

a. The amendment is an amendment to this Agreement; or

b. The amendment is an amendment to a Task Order or any other Contract Document listed in Section 1(g) (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.”

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(g) issued after the execution of the Contract, if subsection (1) of this Section 1(h) does not apply.

5. Task Orders, if subsection (2) of this Section 1(h) does not apply.

6. Exhibits to this Agreement.

7. Consultant’s proposal as referenced in Section 1(g)(3), if applicable.

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

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

A conflict in the Contract Documents shall be resolved in the priority listed above.

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2. 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, Contractor shall begin providing Services and shall complete its performance in accordance with the Contract.

3. Agreement Administration. Through prior intergovernmental agreements signed by the Boards of Supervisors of PEN 1, PEN 2, and MCDD, and the Board of Directors of JCA and SDIC, MCDD is designated to administer this Agreement, including any Contracts, on behalf of the DISTRICTS. In the event that specified MCDD personnel are no longer able to administer this Agreement, a Contract, or both, the Executive Director of MCDD shall designate new MCDD staff to administer the Agreement. DISTRICTS and Contractor will be notified in writing if such change occurs.

4. Subcontracts and Assignment. Contractor shall not subcontract any of the Services required under a Contract, or assign or transfer any of its interest in a Contract, without the prior written consent of all DISTRICTS that are parties to the Contract, which may be withheld without cause.

Additionally, Contractor shall not assign or transfer any of its interest in this Agreement, without the prior written consent of the DISTRICTS, which may be withheld without cause. In addition to any other provisions the DISTRICTS may require, Contractor shall require of any permitted subcontract under this Agreement or Contract, that the subcontractor be bound by all the same terms and conditions of this Agreement or the Contract. Such subcontracts are solely between Contractor and the subcontractor and shall not have any binding effect on any DISTRICT.

5. Other Contractors. The DISTRICT may undertake or award other contracts for additional or related work, and Contractor shall fully cooperate with such other contractors and with any DISTRICT employees concerned with such additional or related work, and shall coordinate its performance under this Agreement and any Contract with such additional or related work.

Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by DISTRICT employees.

6. Independent Contractor Status. Contractor shall certify status as an independent contractor in accordance with Exhibit 3.

7. No Third-Party Beneficiaries. The DISTRICTS and Contractor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Agreement and expressly described as intended beneficiaries of this Agreement.

8. Successors in Interest. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their successors and approved assigns, if any.

9. Nonperformance. In the event of nonperformance under this Agreement, a Contract, or both, the DISTRICT, after seven days’ written notice, shall have the right to obtain from other sources such products, services, or both as may be required to accomplish the Services not performed, and it is agreed that the difference in cost, if any, for said work or products shall be borne by Contractor. For purposes of this section, nonperformance shall be defined as failure to appear and perform the Services as specified and scheduled.

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10. Early Termination. This Agreement, a Contract, or both may be terminated as follows unless otherwise specified herein:

a. By mutual written agreement, the parties to an individual Contract may terminate that Contract at any time. The DISTRICTS and Contractor, by mutual written agreement, may terminate this Agreement at any time.

b. The DISTRICTS, in their sole discretion, may terminate this Agreement for any reason on 30 days’ written notice to Contractor. A DISTRICT, in its sole discretion, may terminate an individual Contract to which it and Contractor are the only parties on 30 days’ written notice to Contractor. If more than one DISTRICT is a party to an individual Contract, the DISTRICTS that are a party to that Contract, in their sole discretion, may terminate the Contract on 30 days’ written notice to Contractor.

c. A party to an individual Contract may terminate that Contract in the event of a material breach by the other. Additionally, the DISTRICTS may terminate this Agreement in the event of a material breach by Contractor. To be effective, the party (or parties) seeking termination must give to the other party written notice of the breach and its intent to terminate. If the breaching party fails to cure the breach within 15 days of the date of the notice, the non-breaching party (or parties) may terminate the Contract (or the Agreement, as applicable) at any time thereafter by giving a written notice of termination.

d. Notwithstanding Section 10(c), the DISTRICTS may terminate this Agreement, or a DISTRICT may terminate an individual Contract to which it is a party, immediately by written notice to Contractor upon denial, suspension, revocation or non-renewal of any license, permit, or certificate that Contractor must hold to provide services under this Agreement.

11. Payment of Invoices

a. Method of Payment. Contractor shall bill DISTRICT monthly as Services are performed under a Contract in accordance with Exhibit 1. Payment shall be made as provided in Exhibit 1.

b. Payment on Early Termination. Upon termination pursuant to Section 10, payment shall be made as follows:

1. If this Agreement, an individual Contract, or both are terminated under Sections 10(a) or 10(b) for the convenience, Contractor may invoice DISTRICT for Services that Contractor has performed for DISTRICT under a terminated, individual Contract, and DISTRICT shall pay all undisputed invoice(s) for Services performed until DISTRICT’s notice of termination. The DISTRICT shall not be liable for direct, indirect, or consequential damages. Termination shall not result in a waiver of any other claim the DISTRICT may have against Contractor.

2. If an individual Contract is terminated under Section 10(c) by Contractor due to a breach by the DISTRICT, then the DISTRICT shall pay Contractor for Services performed prior to the termination date if such Services were performed in accordance with the Contract.

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3. If an individual Contract is terminated under Sections 10(c) or 10(d) by the DISTRICT due to a breach by Contractor, then the DISTRICT shall pay Contractor for Services performed under the Contract prior to the termination date provided such Services were performed in accordance with the Contract less any setoff to which the DISTRICT is entitled.

c. Escalation. Contractor may request an escalation of the compensation rates provided for herein to reflect actual increases in Contractor’s cost to perform the Services. DISTRICTS may audit Contractor’s records to confirm the validity of any requested escalation. Adjustments will not become effective until an amendment is executed by both parties reflecting the change.

12. Nondiscrimination (Required by ORS 279A.110). Contractor may not discriminate against a disadvantaged business enterprise, a minority-owned or women-owned business, an emerging small business certified under ORS 200.055, or a business that is owned by a service-disabled veteran. Additionally, Contractor must comply with all applicable requirements of federal and state civil-rights law and rehabilitation statutes and must not discriminate based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, source of income, or political affiliation in programs, activities, services, benefits, or employment.

13. Tax-Compliance Warranty (Required by ORS 279B.045). Contractor represents and warrants that it has complied with the applicable tax laws of the State of Oregon or a political subdivision of the State of Oregon (collectively, the “Tax Laws”), including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor covenants that it will continue to comply with the Tax Laws during the term of this Agreement. Contractor’s failure to comply with the Tax Laws before the execution of this Agreement or during the term of this Agreement is a default for which DISTRICTS may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law.

14. Payment of Laborers (Required by ORS 279B.220). Contractor shall:

a. Make payment promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for under this Agreement;

b. Pay all contributions or amounts due the Industrial Accident Fund by Contractor or subcontractors, if permitted, incurred in the performance of this Agreement;

c. Not permit any lien or claim to be filed or prosecuted against the DISTRICTS on account of any labor or material furnished; and

d. Pay to the Department of Revenue all sums withheld from employees pursuant to

ORS 316.167.

1. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to it by any person in connection with this Agreement as such claim becomes due, the DISTRICTS may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of such Agreement.

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2. The payment of a claim in this manner shall not relieve Contractor or Contractor’s surety, if any, from obligation with respect to any unpaid claims.

15. Condition Concerning Salvaging, Recycling, Composting or Mulching Waste Material (Required by ORS 279B.225.) If this Agreement involves lawn or landscape maintenance, Contractor shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible.

16. Hours of Labor (Required by ORS 279B.020, 279B.235).

a. Contractor shall not employ any person for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279A.055, the laborer shall be paid at least time and a half pay:

1. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; and

2. For all overtime in excess of 10 hours a day or 40 hours in any one week…