RFP 00002527 PCEF SP2 Multifamily Energy Retrofits for Posting.pdf

RFP #00002527 Page 1 of 32 Project #132383

City of Portland, Oregon

RFP NO. 00002527

REQUEST FOR PROPOSALS

for

PORTLAND CLEAN ENERGY COMMUNITY BENEFITS FUND

STRATEGIC PROGRAM 2 – CLEAN ENERGY IN UNREGULATED (MULTIDWELLING)

MULTIFAMILY HOUSING

Date Issued: March 7th, 2025

Proposals Due: April 11th by 3:00 p.m. Pacific Time

SUBMITTAL INSTRUCTIONS: Submit one (1) Adobe PDF electronic copy clearly marked “Master” or “Original,” and if redactions are requested, one (1) additional electronic copy, in MS Word format with redactions made (the Redacted for Public Disclosure Copy) through the City’s Online Procurement Center:

https://procure.portlandoregon.gov/bso/

REFER QUESTIONS TO:

Thor Haglund Senior Procurement Specialist Procurement Services Email: thor.haglund@portlandoregon.gov https://procure.portlandoregon.gov/bso/

RFP #00002527 Page 2 of 32

I. Table of Contents II. Proposal Requirements

A. General Information

1. Purpose

2. Background

3. Outcomes Desired

4. Work Overview

5. RFP Estimated Timeline

III. Proposal Development

A. Proposal Preparation

1. Pre-Proposal Meeting

2. Questions or Clarifications

B. Proposal Submission

1. Proposals Due

2. Proposal Page Limit

3. Proposal Submission

4. Proposal Components

C. Proposal Submittal Checklist

IV. Proposal Evaluation

A. Proposal Review and Selection

1. Evaluation Overview

2. Evaluation Process

B. Award Review and Protest

1. Review:

2. Protests:

V. Terms and Conditions

A. RFP Process

B. Award and Contracting Process

VI. RFP Attachments

A. Statement of Work

1. General Scope

2. Technical and Required Services

3. Work Performed by The City

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4. Place of Performance

5. Period of Performance

6. Performance Management

B. Electronic Submittal Instructions for BuySpeed

C. Proposer Information Form

D. Proposer Pricing Template

E. COBID Participation Disclosure Form

F. Proposal Redactions Submittal Template

G. Sample Contract

H. Sample Contract Exceptions and Deviations Form

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II. Proposal Requirements

A. General Information

1. Purpose

This Request for Proposals (RFP) document is a request for sealed competitive proposals under Portland City Code Chapter 5.10. The City of Portland is seeking proposals from qualified proposers with demonstrated experience in designing, building and implementing affordable, unregulated multidwelling or multifamily housing programs, otherwise known as naturally occurring affordable multifamily housing. Defined terms in this RFP are listed in the attached sample contract.

Within the Bureau of Planning and Sustainability, the Portland Clean Energy Community Benefits Fund (PCEF) is implementing the Climate Investment Plan (CIP). The CIP is a five-year roadmap to fund community-led clean energy projects and climate solutions. As described in the CIP, Strategic Program 2:

Clean Energy in Unregulated Multifamily Housing (SP 2) will deliver funds to retrofit approximately 2,500 units over a five-year period. This RFP is to solicit responses for a contractor to manage SP 2.

2. Background

a. The Portland Clean Energy Community Benefits Fund

Portland voters passed PCEF in November 2018. PCEF is funded through a 1% surcharge on the Portland sales of large retailers with $1 billion in national revenue and $500,000 in local revenue. The purpose of PCEF is to provide a consistent, long-term funding source and oversight structure to invest in climate action projects, in alignment with the City’s climate action goals, that support environmental justice and environmental, social, and economic benefits for all Portlanders.

To ensure the City equitably invests in climate action, PCEF centers groups that have been historically under-resourced by sustainability, climate action, and clean energy programs. These groups include, but are not limited to, people with low incomes and people of color – referred to in this RFP as PCEF priority populations. These groups often have less access to the benefits of environmental investments, and at the same time, are more vulnerable to the negative impacts of climate-related events such as extreme heat, wildfire smoke, vector borne diseases, and flooding.

b. The Climate Investment Plan In September 2023, Portland City Council adopted the PCEF five-year CIP, allocating $750 million to fund sixteen strategic programs and the Community Responsive Grant program. These investments help prepare Portland’s most vulnerable residents for a changing climate and support the City’s goal of net-zero carbon emissions by 2050.

https://www.portland.gov/bps/cleanenergy/climate-investment-project/documents/pcef-climate-investment-plan-amended-dec-2024/download

RFP #00002527 Page 5 of 32

PCEF developed the CIP in alignment with the PCEF Committee guiding principles to prioritize and allocate funding for community-led and informed climate action projects. Projects funded by PCEF must provide both climate benefits, as well as racial, social, and economic justice benefits.

c. Strategic Program 2: Clean Energy in Unregulated Affordable Multidwelling (commonly known as Multifamily) Housing

There are roughly 58,000 households in Portland earning less than 80% Area Median Income (AMI) and living in multidwelling / multifamily housing.

Around a quarter of these households can access regulated affordable housing; the remainder live in unregulated multidwelling / multifamily rentals (sometimes called naturally occurring affordable housing). Black and Indigenous households have the highest rates of rentership by race in Portland and lower than average median income.

This strategic program‘s goal is to provide clean energy improvements in 2,500 existing unregulated multidwelling / multifamily rental units. The program is intended to accelerate climate projects in this sector of the housing market, generating carbon emissions reduction and financial and health benefits for renters with low income. Multidwelling / Multifamily rentals have been historically difficult to access for clean energy programs. Property owners may be reluctant to participate because of barriers related to complexity and insufficient incentives.

This strategic program aims to provide clean energy improvements in 2,500 existing unregulated multidwelling / multifamily rental units. The program is intended to accelerate climate projects in this sector of the housing market, generating carbon emissions reduction and financial and health benefits for renters with low income. This strategic program will invest $50 million, beginning in early 2025 and operating for 3-5 years.

Business and programmatic challenges that SP2 will address, include:

Challenges for rental property owners:

• Lack financial incentive to act as they don’t usually pay the utility bills. If they do, it’s easier to pass on costs to tenants then to invest dollars in efficiency.

• Limited time and/or may not understand the benefits of energy improvements.

• Previous efficiency programs were complex to navigate and had unacceptable requirements.

Challenges for rental property tenants:

• Upgrading low-income occupied rental properties creates risk of rent increases that could lead to tenant displacement.

https://www.portland.gov/bps/cleanenergy/about#toc-guiding-principles

RFP #00002527 Page 6 of 32

• Assessing for eligibility can be challenging as income verification is difficult and can create tenant privacy issues.

Opportunities for SP2 to mitigate these challenges may include but are not limited to:

• PCEF and program administrator (PA) will collaborate to build and implement an outreach plan which incorporates tenant and owner feedback into program design and is responsive to the needs and interests of both. The plan will incorporate both remote and in person opportunities for feedback.

• The program model will be modified as determined necessary by PCEF to maximize program efficacy.

• PCEF will fund up to 75% of installed cost of measures; up to 25% matching funds can come from other funders or property owners.

• Up to 30% of PCEF funds will be available for life, health, and safety upgrades.

• The PA will assist owners to identify other funding to fulfill the required match.

• Projects will be managed, designed and delivered by the PA. Owner lift will be limited.

• Owners will sign a rent stability agreement.

• Upgrades will be focused on tenant benefits (utility savings, health and comfort).

• Culturally specific tenant outreach and education will center tenant needs and cost benefits.

• Eligibility determinations will be based on alternative methods of verification.

• The program model will address how the City and property owners can work together to provide notification about energy costs and health risks to tenants.

3. Outcomes Desired The primary desired outcomes from the implementation of the program include:

• Tenants experience 6-20% utility cost reduction along with increased comfort and livability in 2,500 unregulated affordable multidwelling / multifamily homes.

• Rental property owners comply with grant agreements, maintain rent stability and displacement is mitigated in all participating units for three to nine years.

• Energy retrofits result in 4,000 - 5,000 MT lifetime CO2e emissions reduced.

4. Work Overview The selected Contractor shall be expected to work closely with designated City of Portland personnel to perform the tasks described generally below.

The program administrator will provide operations management and administration in the following functional areas:

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A. Program administration B. Outreach and marketing C. Technical assessment, project scopes, installations of building retrofits and quality assurance

(QA)

D. Data management and reporting E. Program evaluation

These tasks are described in detail in Attachment A, Scope of Work.

Resulting contract will be subject to PCEF wage requirements.

5. RFP Estimated Timeline The following is the estimated timeline for the RFP and Contracting process:

Event Date Pre-Proposal Meeting at 9 a.m. March 20th, 2025 Deadline for RFP Questions April 4th, 2025 Written proposals due at 3:00 p.m. (Phase 1 response) April 11th, 2025 Posting of the short list and Phase 2 Instructions (if applicable) April-June 2025 Notice of Intent to Award posted June 2025

The City reserves the right to adjust the above noted schedule as necessary.

III. Proposal Development

A. Proposal Preparation

1. Pre-Proposal Meeting

There will be a virtual pre-proposal meeting for this Project on March 20th, 2025 at 9:00 a.m. The meeting will be held via Zoom. The link is:

https://us06web.zoom.us/j/85443273871?pwd=Uovkzub2wf6b2qrspUqlbkcyzBPUDl.1

To RSVP for the pre-submittal meeting, please email Thor Haglund at Thor.Haglund@portlandoregon.gov.

This is a non-mandatory meeting, therefore, proposal submission will not be contingent upon attendance at this meeting.

https://www.portland.gov/bps/cleanenergy/about/pcef-wage-requirements https://us06web.zoom.us/j/85443273871?pwd=Uovkzub2wf6b2qrspUqlbkcyzBPUDl.1 mailto:Thor.Haglund@portlandoregon.gov

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The City of Portland will make reasonable accommodation for people with disabilities. Please notify the person listed on the title page no less than three (3) Business Days prior to the event, by the City’s TTY at 503-823-6868, or by the Oregon Relay Service at 1-800-735-2900.

2. Questions or Clarifications It is the proposer’s responsibility to ask questions, request changes or clarifications, or otherwise advise the City of Portland if any language, specifications or requirements of this RFP appear to be ambiguous, contradictory, or appear to inadvertently restrict or limit competition to a single source.

Questions and requests for clarification regarding this RFP must be directed in writing, via email, to the person listed on the title page at least seven (7) Calendar Days prior to the proposal due date. Any questions received less than seven (7) Calendar Days prior to the RFP opening date may not be answered.

In order to maintain a fair and equitable RFP process, the City shall provide all additional relevant or pertinent information via the issuance of an addendum.

B. Proposal Submission

1. Proposals Due Proposals must be received by the City no later than the date and time specified on the first page of this solicitation. It is the proposer’s responsibility to ensure that proposals are received prior to the specified closing date and time, and in the manner required by Part II, Section B.3 below. Proposals received after the specified closing date, or time or in a manner other than specified in this RFP, shall not be considered and will be rejected.

2. Proposal Page Limit Proposals must be clear, succinct and not exceed twenty (20) pages.

Those portions of a Proposal excluded from the page limit are identified in RFP Part II Section C, Proposal Submittal Checklist.

The City will evaluate all proposals on the completeness and quality of the content. Proposers who submit more than the pages indicated may not have the additional pages of the proposal read or considered.

3. Proposal Submission For purposes of this proposal submission, the proposer shall submit: one (1) original copy of their proposal and all separately attached documents in PDF or Excel format through the City’s Online Procurement Center (BuySpeed) at:

https://procure.portlandoregon.gov/

Please see attached BuySpeed submittal instructions (RFP Attachment B).

Online submittal instructions are also available at:

https://www.portland.gov/businessopportunities/documents/buyspeed-electronic-submittal-instructions https://procure.portlandoregon.gov/ https://www.portland.gov/businessopportunities/documents/buyspeed-electronic-submittal-instructions https://www.portland.gov/businessopportunities/documents/buyspeed-electronic-submittal-instructions

RFP #00002527 Page 9 of 32

Proposers may request additional assistance from City staff with the submittal process prior to the proposal due date listed on the cover page of this RFP. Assistance is based on the availability of City staff and all requests for assistance shall be sent via email to the contact listed on the cover page of this RFP.

Requests for scheduled assistance shall be made at least one week prior to the proposal due date.

Requests for assistance after the scheduling deadline will be based on availability of staff to respond to requests. Assistance by City staff does not guarantee proposal submission will be completed accurately, on-time, or that proposals will be considered responsive. Compliance with all proposal submission requirements are still the responsibility of the Proposer even if assistance is provided.

To avoid potential issues with the submission of Proposal Documents, Proposers should avoid file names that utilize special characters (e.g. &*-_+#@). Proposers should limit file names to no more than sixty

(60) characters in length. Proposers should attempt to reduce the size of files being submitted to reduce the chance of failure of uploading documents in Buyspeed.

Disclaimer: These instructions are advice only and the City does not warrant that following these instructions will guarantee that a proposer’s proposal is submitted correctly. Proposers bear complete and total responsibility for ensuring their proposal is properly submitted and received on time.

The entire proposal must be properly submitted through the City’s Online Procurement Center (BuySpeed) before the time and date specified on the cover page of this RFP. Proposers are advised to allow extra time to upload their proposal documents into BuySpeed.

4. Proposal Components Proposers must provide all information requested by the City in this RFP in their Response. Responses must follow the format outlined in this RFP. Additional or unrequested materials, and proposals submitted in other formats, may not be considered.

a. Cover Letter The Proposal Cover Letter shall include a general statement of the purpose for submission and must be signed by a legal representative of the proposer who is authorized to bind the proposer in contractual matters. A proposer’s submission of a proposal through BuySpeed constitutes an electronic signature of the proposal.

b. Proposer Information Form Proposers shall fully complete and submit the proposer Information Form (Attachment C).

c. Proposer Capabilities

The Proposer must provide the following as part of their proposal:

1. General firm description:

a. Describe your firm’s legal structure, areas of expertise, length of time in business, number of employees, and other information that would be helpful in characterizing the firm. Provide the same information for any subconsultants to be utilized on the project.

b. Provide the address of the firm’s home office and the address of the office that will manage the project, if applicable.

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2. Describe projects performed within the last 5 years, delivering unregulated affordable multidwelling / multifamily housing programs that upgrade buildings through energy retrofits. Please include details which characterize firm’s capabilities, work quality, customer service and cost control. Of the projects listed:

a. Identify the client for which the project(s) were performed;

b. Provide name, address and phone number of a person who can be contacted regarding your performance on the project;

c. Provide description of type of work performed;

d. Describe the size of the project, including the contract budget, dollars invested in upgrades, number of units upgraded, populations served, benefits created and whether, it was completed and over or under budget upon completion;

e. On projects for which your firm worked in an auxiliary capacity or in a joint venture or partnership, include the name of the lead firm;

3. Describe your firm’s experience and approach to collaborating with and partnering with culturally specific organizations in delivering affordable housing programs.

a. Describe the work plan for the partner organization

b. Describe the collaboration and communication modes between the organizations

c. Note what percentage of the work and contract was shared with a culturally specific organization

4. Describe your firm’s experience and approach to implementing a workforce development program which achieved similar workforce diversity goals to those defined in the PCEF Climate Investment Plan.

5. Describe firm’s resources available to perform the work for the duration of the project and other on-going projects.

6. Describe firm’s management and organizational capabilities. Include:

a. A description of your firm’s overall management approach to accomplishing the project’s stated goals and objectives.

b. Organizational charts and a statement regarding lines of authority and responsibility;

c. A statement regarding how the Proposer is prepared to respond promptly to problems and any changes to scope of work.

d. Copies of standard reports currently used by Proposer in existing contracts.

e. A description of your firm’s internal procedure and/or policies associated or related to work quality.

7. Describe firm’s specific experience supporting and engaging with PCEF priority populations and completing projects which benefit priority populations.

a. Note what percentage of the firm’s overall work is focused on serving priority populations

b. Specify which populations served, number of projects and dollars invested in service to the population.

8. Describe firm’s specific experience in:

a. Evaluating and measuring the impact of programs you are implementing. Include experience collecting and reporting on program data.

b. Successfully providing culturally-specific communications to diverse clients and partners

c. Describe relevant experience working for and on behalf of government entities, especially municipalities.

https://www.portland.gov/bps/cleanenergy/climate-investment-project/documents/pcef-climate-investment-plan-amended-dec-2024/download

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d. Project Team

Provide the following:

1. Approximate number of people to be assigned to the project.

2. Extent of company’s principal member’s involvement.

3. Names of key personnel who will be performing the work on this project, and their:

a. experience delivering unregulated affordable housing programs, including number of relevant projects, programs and contract teams on which they have participated.

b. experience collaborating with culturally specific organizations

c. roles and responsibilities;

d. current assignments and location;

e. directly relevant experience on similar or related projects;

f. unique qualifications;

g. demonstrated performance record on similar projects;

h. percentage of their time that will be devoted to this project.

4. One-paragraph biographic descriptions of key personnel proposed to be assigned to the project. Descriptions must include relevant education or training, any specializations or areas of expertise, and years of relevant experience.

5. Proposals must identify a proposed project manager who would be responsible for the day-to-day management of project tasks and would be the primary point of contact with your firm. Describe the project manager’s experience with similar projects and with managing and leading interdisciplinary teams. List other projects to which the proposed project manager is currently assigned.

e. Project Approach

1. The City has provided information on the tasks, deliverables, roles, and responsibilities anticipated for a successful Project. See RFP Attachment A. The City requests proposers use Attachment A as a guide when crafting their proposed SOW.

2. The proposed SOW should demonstrate a clear and concise understanding of the Project.

3. For each phase identified in the proposed SOW, Proposers should provide the following information:

a. Describe the tasks and activities, the methodology that will be used to accomplish them, and which team members will work on each task;

b. Describe the tasks, activities and deliverables that would be completed by a partnering culturally specific organization

c. Describe the tasks, activities and deliverables that would be delivered by the applicant organization;

d. Identify points of input and review with staff; and

e. The time frame estimated to complete each task.

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f. Pricing Proposal The proposal will include the true estimated cost to perform the work irrespective of the City's anticipated cost. The proposal will include all elements in the Pricing Proposal Template (Attachment D) and any additional pricing elements which will support the proposal approach.

g. References

1. Proposer should include references from three (3) clients for which the proposer worked on projects of similar scope and complexity, within the past five (5) years. Please include:

a. Contact name

b. Contract title

c. Address

d. Phone number

e. Email address

f. Location/jurisdiction

g. Summary of the project

h. Project start and end dates

i. Project contract value (initial and current ending value)

2. Reference Checks may be conducted by the City at any point during evaluation process. The City will make a reasonable attempt to contact each reference three (3) times. If after three

(3) attempts the reference does not respond, the reference shall not be evaluated, if applicable the proposer shall receive 0 points for that reference, and the proposer shall only be evaluated on their remaining references.

3. If the proposer provides more than the requested number of references, references beyond the requested number of references provided may not be contacted, evaluated or considered.

4. Right to Check Other References The City reserves the right to contact any additional references it deems appropriate or in its best interests when evaluating the proposer’s proposal. The City may conduct other reference checks with persons whose names have not been provided by the proposer, but of whom the City has knowledge.

5. Reference Uses, Responsibility Determination The City may use references to obtain additional information, break tie scores, or verify any information needed. Any References which indicate a failure to provide complete and accurate information in a Proposal may lead to rejection for lack of Responsibility.

h. Corporate Responsibility Through the adoption of The Portland Plan, the Social Equity Contracting Strategy, and Sustainable Procurement Policy, the Portland City Council has shown its commitment to contracting with socially and environmentally responsible businesses. The City values and supports diversity and is dedicated to advancing equity in public contracting by increasing opportunities for firms owned by Black, Indigenous, and People of Color, Women owned firms, RFP #00002527 Page 13 of 32 and State of Oregon certified Minority, Women and Emerging Small Business enterprises

(“M/W/ESB”) .

The following certification(s) may be accepted:

1. Certifications by the State of Oregon’s Certification Office for Business Inclusion and Diversity

(“COBID”)

This Social Equity Contracting Strategy promotes economic growth and encourages partnering and mentoring between large and small COBID firms on City contracts. Proposing firms are encouraged to seek firms owned by Black, Indigenous, and People of Color, Women owned firms to utilize as City of Portland Equity Contractors, and/or use the Directory of Certified Firms on the COBID website:

https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=231 5&TN=oregon4biz) for identifying potential certified subcontractors

2. Approved alternative agencies:

a. National Minority Supplier Development Council (MSDC)

b. Women’s Business Enterprise National Council (WBENC)

c. Washington State Office of Minority and Women Business Enterprises (OMWBE)

3. All proposers shall address the following in their proposals:

a. Business Oregon’s Certification Office for Business Inclusion and Diversity (COBID) Please indicate in your response if your firm is currently a COBID-certified firm.

*Note: Failure to submit Form with your proposal may result in the proposal being found non-responsive and rejected.

4. Workforce Diversity and Community Involvement

a. Describe your firm’s workforce demographics and any measurable steps taken to ensure a diverse internal workforce (e.g., women and people of color).

b. How do you approach internal on-the-job training, mentoring, technical training, and/or professional development opportunities for women and people of color?

c. Describe your firm’s employee compensation structure, (e.g., living wages, healthcare coverage, employee leaves, dependent care, etc.).

d. Describe your firm’s commitment to community service, (e.g., charitable programs, scholarships, economic development, etc.)

5. Sustainable Business Practices

a. List the top five actions/ongoing practices your firm has implemented to reduce the environmental impacts of your operations (e.g., energy efficiency, use of recycled content or non-toxic Products, use of public transit or alternative fuel vehicles, waste prevention and recycling, water conservation, green building practices, etc.).

https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=231%205&TN=oregon4biz) https://oregon4biz.diversitysoftware.com/FrontEnd/SearchCertifiedDirectory.asp?XID=231%205&TN=oregon4biz)

RFP #00002527 Page 14 of 32

b. Regarding your top five actions, please reference implementation dates and/or timelines, and any performance metrics or third-party awards/recognition (such as Sustainability at Work).

c. Does your firm participate in any third-party sustainability related organizations, networks, or committees? If so, list up to five examples and how long your firm has been an active participant in each.

d. The City expects thoughtful consideration of all of the above Corporate Responsibility criteria in the preparation of proposals. The City will enforce all COBID commitments submitted by the successful proposer. The successful proposer will not be permitted at any time to substitute or delete any COBID Certified subcontractor without the prior written approval of the Chief Procurement Officer.

i. Exceptions and Deviations to The Sample Contract The Sample Contract attached as Attachment G contains the terms and conditions that will govern the resulting Contract between the City and the Contractor.

As part of the Evaluation Phase 2 shortlisted proposers may be required to submit exceptions and deviations to the City’s Sample Contract. The proposer must identify the specific provision the proposer would like to negotiate, provide an explanation of why the proposer believes the provision should be a negotiable provision, and provide the suggested revised language. RFP Attachment H contains an exception and deviation request form for submission that may be required as part of Evaluation Phase 2.

Exception and deviation requests that are not submitted in the format of RFP Attachment H may not be considered. Requests that state the entire Contract be negotiated will not be considered.

j. Proposal Redactions for Public Records Purposes Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of Oregon public records law. When preparing their proposal submission, if the proposer requests redactions to their proposal, the proposer shall provide one (1) “Redacted for Public Disclosure” copy of the proposal in unprotected MS Word format with the requested redactions highlighted in yellow with their submission. The “Redacted for Public Disclosure” copy shall be a complete copy of the submitted proposal, in which all information that the proposer deems to be exempt from public disclosure has been identified. The proposer shall also include a completed “Redaction Summary Form” (RFP Attachment F) detailing the location of all redacted information and reason for redaction.

When exempt information is mixed with nonexempt information on the same page, the exempt information must be redacted in such a way as to allow the disclosure of the non-exempt information.

Should the proposer determine that no redactions are required, that should be indicated in the proposer Information Form. If a proposer fails to submit a “Redacted for Public Disclosure” copy of their proposal as required, the City may release the proposer’s original proposal without redaction.

C. Proposal Submittal Checklist

Each complete proposal must contain the following, in the order indicated below.

RFP #00002527 Page 15 of 32

Proposal Component Status Included in narrative page limit?

Cover Letter Required N

Proposer Information Form Required N

Proposer Capabilities Required Y

Project Team Required Y

Project Approach Required Y

Pricing Proposal Required Y

References (3) Required Y

Corporate Responsibility, including:

COBID Participation Disclosure Form

Required Y

(COBID Participation Form not included in page limit)

Exceptions and Deviations to Contract Optional N

Redaction Summary Form Required if Redacted for Public Disclosure Copy is provided.

N

Redacted for Public Disclosure Copy Optional N

IV. Proposal Evaluation

A. Proposal Review and Selection

1. Evaluation Overview A Selection Review Committee (Committee) will be appointed to evaluate the proposals received. For the purpose of scoring proposals, the Committee will evaluate each proposal in accordance with the

RFP #00002527 Page 16 of 32 criteria listed below. The Committee may seek the assistance of outside expertise, including, but not limited to, technical advisors and subject matter experts. The Committee will require a minimum of ten

(10) Business Days to evaluate and score the proposals.

The choice regarding how or when to proceed, the need for additional clarifications, decisions to begin or terminate negotiations, determination of a reasonable time, decisions to open negotiations with a lower scoring proposer, and any decision that a solicitation should be cancelled are all within the sole discretion of the City.

2. Evaluation Process The proposal evaluation process consists of a series of evaluation phases that may lead to the identification of a finalist. Each proposal will be evaluated in accordance with the following evaluation criteria:

a. Responsiveness, Responsibility, and Mandatory Criteria The City shall determine if the proposer is a Responsible Proposer that has submitted a Responsive Proposal, in accordance with Portland City Code.

b. Evaluation Phase 1 – Written Scoring Proposals meeting the responsiveness, responsibility, and mandatory requirements will be further evaluated as part of Evaluation Phase 1. This step consists of a detailed review of the written proposal responses as follows:

Phase 1 Evaluation Criteria

Criteria Maximum Phase 1 Score Point Distribution by Subsection

1. Proposer Capabilities 30

2. Project Team 10

3. Project Approach 30

4. Pricing Proposal 5

5. Corporate Responsibility 25

OR State Certification 4 COBID Subcontracting 8 Workforce Diversity & Community Involvement 8 Sustainable Business Practices 5

TOTAL: 100

At the end of any evaluation phase, the Evaluation Committee may focus on only a limited number of proposals by developing a “short list” based on the scores, or may proceed directly to Contract negotiation and award. The number of proposals on the short list depends on whether the Committee believes such proposals have a reasonable chance of leading to the award of a contract. Proposers that are eliminated from further consideration will be notified by a Notice of Shortlisting posted in the same manner as the RFP.

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c. Subsequent Evaluation Phases:

The City may proceed with subsequent phases of evaluation as it deems necessary, including but not limited to oral interviews, demonstrations, presentations, or site visits, along with further clarification of the proposals. Proposers invited to participate in subsequent evaluation phases will be given additional information and instructions regarding the City’s desired content a reasonable time before any further evaluation is held.

d. Evaluation Phase 2 – Interviews, Demonstrations, or Presentations (Optional) The scoring of Phase 2 generally will be as follows, however further detail on specific criteria, weighting and point breakdown may be part of the information and instructions provided by the City at the conclusion of Phase 1:

Phase 2 Evaluation Criteria

Criteria Maximum Phase 2 Score

Point Distribution by Subsection

1. Content of Interviews, Demonstrations, or Presentations 100

TOTAL: 100

e. Additional Optional Evaluation Phases and Methods In addition to the standard evaluation phases above, the City may exercise one, or any combination, of the methods of Contractor selection described in PCC 5.10, including best and final offers, serial negotiations, and competitive simultaneous negotiations. Proposers that are eliminated at any stage of the evaluation process will be notified of their elimination.

f. Total Overall Score:

Following completion of each evaluation phase, the points from that phase will be added to each proposer’s cumulative score to determine their Total Overall Score. The highest scoring proposer, based on their Total Overall Score, may be identified as the finalist.

The selection of the finalist may be based on negotiated costs and conformance to the City’s terms and conditions within the City’s Sample Contract. Negotiations will follow with the finalist, and if successful, may result in a final award and Contract for the work. If the Contract with the finalist cannot be reached within a time period deemed reasonable to the City, the City may elevate the proposer which possesses the next highest Total Overall Score to be the finalist.

B. Award Review and Protest

1. Review:

The City shall post a Notice of Intent to Negotiate and Award in the same manner as the RFP. The Notice shall identify the proposer(s) to which the City intends to award a contract. Following the Notice of Intent to Negotiate and Award, the public may view proposal documents, in accordance with the Oregon Public Records Act. Proposers not awarded the Contract may seek additional clarification or debriefing, request time to review the selection procedures, or discuss the scoring methods utilized by the Evaluation Committee.

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2. Protests:

Proposers are permitted to challenge the City’s decision to exclude the proposer from the next step in the evaluation process, and to award a contract. Proposers who wish to protest their elimination must submit a protest within seven (7) Calendar Days of the City’s posting of the Notice of Short List or Notice of Intent to Award . Depending on the nature of the protest, proposers may wish to review Portland City Code (PCC) 5.10 and Oregon Revised Statutes (ORS) 279b.410 regarding protest procedures, all of which may be found online at the City Auditor’s website. The exercise of judgment used by the Committee in scoring the written proposals and any subsequent evaluation phase, including the use of outside expertise, is not grounds for appeal.

V. Terms and Conditions

A. RFP Process

Addenda: If, in the opinion of the Chief Procurement Officer, additional information or interpretation is needed, the City shall issue an addendum. Any addenda issued by the Chief Procurement Officer seventy-two (72) hours or more before the scheduled closing time, Saturday, Sunday, and City-observed holidays not included, shall be binding. The City shall provide such addenda in the same manner in which it provided the RFP, but failure of the proposer to receive or obtain such addenda shall not excuse the proposer from compliance with its contents.

Oral Instructions: Oral instructions or information concerning the RFP or the project given out by officers, employees, or agents of the City shall not modify the RFP nor bind the City. Any changes or revisions to the RFP shall be binding only if issued by the City in a written addendum.

Cost of Responding: This RFP does not commit the City to pay any costs incurred by any proposer in the submission of a proposal, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the resulting Contract.

Taxes: Taxes, whether State or Federal, shall not be included in the offered prices. A tax exemption certificate will be provided by the City upon request.

Sustainable Procurement: The City strives to be more sustainable in its operations and planning.

Starting with the City’s Sustainable City Principles (1994) the City established a variety of policies to guide its work on sustainability, including: the Sustainable Procurement Policy, Green Building Policy, Local Action Plan on Global Warming, and the Stormwater Management Manual. To view these and related City policies, go to the Portland Policy Documents Website:

https://www.portland.gov/policies/administrative/purchasing/adm-109-sustainable-procurement-policy As applicable to City procurement, these policies guide the City to buy products and services that reduce the City’s negative environmental and social impacts. While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use; reducing air, water, and land pollution; building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health; utilizing resources efficiently, including the use of renewable, reusable and recycled https://www.portland.gov/policies/administrative/purchasing/adm-109-sustainable-procurement-policy

RFP #00002527 Page 19 of 32 materials; utilizing minority-owned, small, and/or local businesses; preserving or enhancing biodiversity;

and maintaining fiscal health in the short and long term. As such, the City seeks to do business with firms that will actively contribute to the City’s sustainability objectives.

Withdrawal, Modification or Alteration Of Proposal: Prior to the RFP due date and time, a proposer may submit revised versions of its proposal. Also, a proposal may be withdrawn upon written request of the proposer prior to the due date and time. Negligence on the part of the proposer in preparing their proposal confers no right to withdraw their response after the scheduled closing time for filing proposals. As a result of any of these actions, if the intent of the proposer is not clearly identifiable, the interpretation most advantageous to the City will prevail.

Late Proposals: Proposals must be received no later than the date and time specified on the cover of this solicitation. It is the proposer’s responsibility to ensure that proposals are received prior to the specified closing date and time. Proposals received after the specified closing date and/or time shall not be considered and will be rejected.

Cancellation: The City of Portland reserves the right to modify, revise, or cancel this RFP. Receipt and evaluation of proposals, or the completion of subsequent evaluation phases does not obligate the City to award a contract.

Rejection of Proposals: The City reserves the right to reject any or all responses to the RFP in the City’s sole discretion.

Public Records: Any information provided to the City pursuant to this RFP shall be public record and subject to public disclosure pursuant to Oregon public records laws.

The general requirement for public disclosure is subject to a number of exemptions. When preparing a proposal submission, a proposer must plainly mark each page containing information deemed by the proposer to remain exempt from public disclosure after proposals have been evaluated (e.g., pages containing trade secret, economic development information, etc.). A summary of the redactions shall be provided with the redacted version of the proposal response.

The fact that a proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of the Oregon Public Records Act. The City will make an independent determination regarding exemptions applicable to information that has been properly marked and redacted. Information that has not been properly marked and redacted may be disclosed in response to a public records request. When exempt information is mixed with nonexempt information, the nonexempt information must be disclosed.

Unless expressly provided otherwise in this RFP or in a separate communication, the City does not agree to withhold from public disclosure any information submitted in confidence by a proposer unless the information is otherwise exempt under Oregon law.

If the City refuses to release the records, the proposer agrees to provide information sufficient to sustain its position to the District Attorney of Multnomah County, who currently considers such appeals.

If the District Attorney orders that the records be disclosed, the City will notify the proposer in order for the proposer to take appropriate legal action. The proposer further agrees to hold harmless, defend, RFP #00002527 Page 20 of 32 and indemnify the City for all costs, expenses, and attorney fees that may be imposed on the City as a result of appealing any decision regarding the proposer’s records.

Conflict of Interest: By submitting a proposal, a proposer thereby certifies that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer on this particular RFP, and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

Intergovernmental Cooperative Purchasing: The proposer agrees to extend identical goods and services under the same prices, terms, and conditions to all public agencies. Requirements stated herein reflect the City of Portland’s usage only. A public agency wishing to utilize like services will execute its own contract with the Contractor for its requirements and may negotiate the terms of that contract in accordance with its own requirements. The Contractor shall provide quarterly usage reporting of the City of Portland as well as that of other public agencies to the City of Portland, Procurement Services.

Any proposer by written notification included with their proposal, may decline to extend the services, prices and terms of this RFP to any and/or all other public agencies.

B. Award and Contracting Process

Contractor Selection: The City will award a contract to the proposer whose proposal is considered and evaluated as being the most advantageous to the City. The contractor selection process will be carried out under Portland City Code.

Clarifying Proposal During Evaluation Period: During the evaluation process, the City has the right to require any clarification or change it needs in order to understand the proposer’s view and approach to the project and scope of the work.

Notice of Intent to Award Is Not a Contract: A notice of intent to negotiate and award posted on the Procurement Services website does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with Services. Before performing any work, the contractor must receive a properly authorized purchase order or Contract.

Contract Development: The proposal and all related responses provided by the proposer may become a part of the final Contract. The form of Contract shall be the City's Sample Contract provided with this

RFP.

Insurance – Proof of Coverage: Work shall not commence until all insurance requirements have been met and certificates thereof have been filed with the City. All insurance requirements shall be as indicated within the attached Sample Contract.

City of Portland Business License Tax Account #: Prior to execution of a Contract, Contractor shall provide City of Portland business license tax account number, or shall provide proof of exemption from said registration requirements, as issued by the City of Portland Bureau of Revenue. Failure to do so within twenty (20) Calendar Days after posting of the Notice of Intent to Award may result in withdrawal of any resulting contract award. Details of compliance requirements are available from the Revenue

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Bureau License and Tax Division, (503) 823-5157, email: biztaxhelp@portlandoregon.gov website:

http://www.portlandoregon.gov/revenue/29320

Failure to Execute Contract: Failure on the part of the proposer to whom a contract is awarded to execute the Contract and deliver the Contract and required documents with all required bonding and insurance certificates within ten (10) Calendar Days shall be just cause for cancellation of the award and withdrawal of the Contract.

Public Safety: Public safety may require limiting access to public work sites, public facilities, and public offices, sometimes with little advance notice. The Contractor shall anticipate delays in such places and include the cost of delay in the costs in its proposal. The Contractor’s employees and agents shall carry sufficient identification to show by whom they are employed and display it upon request to security personnel. City project managers have discretion to require the Contractor’s employees and agents to be escorted to and from any public office, facility or work site.

Governing Law: The provisions of any contract shall be construed in accordance with the provisions of the laws of the State of Oregon without reference to its conflict of law provisions. Any action or suits involving any question arising under the resulting Contract must be brought in the appropriate court in Multnomah County Oregon. All statutory, charter and ordinance provisions that are applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to this Contract.

In connection with its activities under this Contract, Contractor shall comply with all applicable federal, state and local laws and regulations including the City's Equal Benefits Ordinance and its administrative rules, all of which are incorporated by this reference. These requirements are available on the City of Portland’s Procurement Services website: http://www.portlandoregon.gov/brfs/27353

Failure to comply with the City’s Equal Benefits Ordinance permits the City to impose sanctions or require remedial actions as stated in Section 13.1 of the rules. All statutory, charter and ordinance provisions applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to this Contract.

Americans With Disabilities Act Compliance: Proposers agree that if awarded a contract, the successful Contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. If any proposer requires special assistance or auxiliary aids during the proposal, evaluation or award process, please notify the Procurement Services, (503) 823-6855, or TDD

(503) 823-6868, at least two (2) Business Days prior to the required assistance.

Assignment of Anti-Trust Rights: By entering into a contract, the Contractor, for consideration paid to the contractor under the Contract, does irrevocably assign to the City of Portland any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future, including, at the City’s option, the right to control any such litigation on such claim for relief or cause of action, by reason of violation of 15 USC SS 1-15 or ORS 646.725 or ORS 646.730, in connection with any goods or services provided to the Contractor by any person, which goods or services are used, in whole or in part, for the purpose of carrying out the contractor’s obligation under this Contract.

In the event the Contractor hires subcontractors to perform any of the Contractor’s duties under the Contract, the Contractor shall require the subcontractor to irrevocably assign to the City of Portland, as a third party beneficiary any right, title or interest that has accrued or may accrue to the subcontractor mailto:biztaxhelp@portlandoregon.gov http://www.portlandoregon.gov/revenue/29320

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