RFP 2025-54 Conway Creek and Aschoff Rd Culvert final.pdf

LPA A&E RFP Form S006-B071421rev1 RFP # 2024-54

Request for Proposals A&E and Related Services

Issued by: Clackamas County (herein after referred to as “Agency”)

RFP Number: 2025-54 RFP Title/Project Name: Conway Creek at Aschoff Road Culvert

Replacement Project

Issue Date: June 3, 2025

PROPOSAL DUE DATE and TIME: July 1, 2025 by 2:00 PM PST

Proposer Questions, RFP Protests, and Requests for Change: due via twhitley@clackamas.us no later than 7 calendar days prior to Proposal due date.

A pre-Proposal conference will not be held.

Issuing Office; Purchaser/Single Point of Contact

Purchaser/Single Point of Contact for this RFP:

Tralee Whitley Clackamas County Procurement Division 503-742-5446

Address: Clackamas County Public Services Building Department of Finance 2051 Kaen Road, Oregon City, OR 97045

E-mail: twhitley@clackamas.us

Notes:

• This RFP is a Qualifications Based Selection (QBS) with Federal Highway Administration

(FHWA) Funding.

• This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. See RFP section 0.1 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

Proposals and all other submittal requirements specified in RFP section 2.4 must be submitted before the Closing/Proposal due date and time via BidLocker (see RFP section 0.3).

mailto:twhitley@clackamas.us https://oregonbuys.gov/bso/

Table of Contents

Section 0.0 OREGONBUYS, RFP ATTACHMENTS, SOLICITATION SCHEDULE

0.1 OREGONBUYS ................................................................................................ Error! Bookmark not defined.

1.0 SOLICITATION PURPOSE & CONTRACT OVERVIEW

1.1 SUMMARY OVERVIEW & PROCUREMENT SCHEDULE

1.3 PROJECT PHASES

1.4 PERIOD OF PERFORMANCE

1.5 QUANTITY OF CONTRACTS AWARDED & OFFER PERIOD

1.6 FUNDING SOURCE(S):

1.7 CONTRACT NOT TO EXCEED AMOUNT & METHOD OF COMPENSATION

1.8 DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PARTICIPATION GOAL

1.9 INSURANCE REQUIREMENTS

1.10 CONTRACT TERMS & CONDITIONS

2.0 INSTRUCTIONS TO PROPOSERS & SUBMITTAL REQUIREMENTS

2.1 PROPOSER QUESTIONS, RFP PROTESTS and REQUESTS FOR CHANGE

2.2 ADDENDA

2.3 MINIMUM QUALIFICATIONS

2.4 PROPOSAL & SUBMITTAL REQUIREMENTS

3.0 EVALUATION PROCESS & CONSULTANT SELECTION

3.1 PROPOSAL EVALUATION

3.2 EVALUATION CRITERIA

3.3 INTERVIEWS

3.4 REFERENCES

3.5 METHOD OF AWARD

3.6 RESPONSIBILITY DETERMINATION

3.7 INTENT TO AWARD NOTICE

3.8 PROTEST of CONSULTANT SELECTION

3.9 PUBLICITY

4.0 CONTRACT AWARD REQUIREMENTS & NEGOTIATIONS

4.1 COST INFORMATION

4.2 CERTIFICATION REGARDING DEBARMENT & OTHER RESPONSIBILITY MATTERS

4.3 CERTIFICATES OF INSURANCE

4.4 COMMITTED DBE BREAKDOWN & CERTIFICATION FORM

4.5 TAX ID NUMBER

4.6 BUSINESS REGISTRY NUMBER/REGISTERED AGENT

4.7 NEGOTIATIONS

5.0 GENERAL TERMS & CONDITIONS FOR THIS RFP

5.1 NON-DISCRIMINATION

5.2 FUTURE WORK LIMITATIONS

5.3 ELECTRONIC FILES LINKED OR ATTACHED TO RFP

5.4 PUBLIC RECORDS

5.5 USE of RECYCLED PRODUCTS

5.6 RFP CANCELLATION

ATTACHMENT A - PROPOSAL COVER SHEET

ATTACHMENT B – STATEMENT of WORK

ATTACHMENT C – SAMPLE CONTRACT

Definition of Terms:

The following terms have the meaning provided in OAR 137-046-0110: “Addendum” or “Addenda”, “Business Day”, “Closing”, “Contract”, “OAR”, “ORS”, “Proposal”, “Request for Proposal” or “RFP”, “Responsive”, “Writing”. “Business Day” means Monday through Friday, excluding State of Oregon holidays.

https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=11191

0.0 OREGONBUYS AND BID LOCKER PROCUREMENT SYSTEMS

0.1 REGISTRATION REQUIREMENT and VENDOR GUIDANCE

All vendors must be registered in OregonBuys to participate in this solicitation. Registration is free. To create a Vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see online guidance.

Vendors are responsible for ensuring that their Vendor registration and information is current and correct in OregonBuys. ODOT shall not be responsible for defective registration or incorrect Vendor information.

0.2 CROSSWALK of TERMS used in OREGONBUYS

Terms used in OregonBuys Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to any form of existing contract.

Master Blanket Purchase Order (“MBPO”) Any form of contract or agreement.

Quote Any form of offer submission by Vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors may submit a Quote or enter a contract pursuant to a solicitation advertised in OregonBuys.

0.3 BID LOCKER

Proposals will only be accepted electronically thru a secure online bid submission service, Bid Locker.

Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed proposal documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated in Section 1 or as modified by Addendum. LATE

PROPOSALS WILL NOT BE ACCEPTED.

C. Proposers must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf https://bidlocker.us/a/clackamascounty/BidLocker

D. Proposers with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects.

1.0 SOLICITATION PURPOSE & CONTRACT OVERVIEW

1.1 SUMMARY OVERVIEW & PROCUREMENT SCHEDULE

Agency is issuing this Request for Proposals and any Addenda thereto (collectively, the “RFP”) to obtain Proposals from qualified consultant(s) for engineering, design and related services (“Services”) for the project described in section 1.2.

For further information regarding the project and Services needed, see sections 1.2 through 1.10 and RFP Attachment B.

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

Procurement Schedule Date RFP issue date, deadline for Proposer questions/protests, and Closing/Proposal submittal deadline

Stated on front page

Proposal evaluation (and interviews if conducted) – Estimated July 2025 Notice of Intent to Award Estimated August 2025 *Negotiations Estimated August 2025 to September 2025 Contract start Estimated October 7, *Proposer, by submitting a Proposal, commits to and will be expected to make best efforts to accommodate the negotiation schedule above if selected for intent to award. See section 4.7 - Negotiations.

1.2 PROJECT BACKGROUND/SCOPE INFORMATION & LOCATION

The statement of work (SOW) will be developed and negotiated, within the scope advertised in this RFP, with the selected Proposer for inclusion in the Contract. A draft SOW is provided in RFP Attachment B, which will be negotiated with the selected Proposer for inclusion in the Contract.

Conway Creek at Aschoff Road Culvert Replacement Project

E. Project location: Rhododendron, OR F. Estimated cost of the associated project construction: $1,209,900 G. The scheduled bid-let date for the associated construction contract: March 2028 H. Estimated date for completion of the A&E and Related Services required under this RFP: March

30, 2028 I. Estimated range of costs for the A&E and Related Services required under this RFP: $475k to

$525k

This is a project to replace two existing culverts, a 40-inch diameter corrugated metal culvert and a 36-inch diameter concrete culvert, which convey Conway Creek under Aschoff Road. The 36-inch diameter concrete culvert is disjointed, undersized and the last downstream section has fallen off. The 40-inch diameter metal pipe is badly rusted, disjointed, and undersized. The narrow roadway and lack of road shoulder in the vicinity of the existing culverts has been an ongoing maintenance and safety issue.

Aschoff Road serves approximately 53 residents and/or properties.

The existing culverts act as a partial barrier to fish-passage under certain flow regimes. Conway Creek has been mapped and identified as Essential Salmonid Habitat by the Oregon Department of Fish and https://www.clackamas.us/how-to-bid-on-county-projects Patterson, Devin Project prospectus shows $1,209,900 for construction and $550,000 for design. Culvert AOP app shows $1,059,900 for construction and $642,000 for design.

Widlife (ODFW) and is known to harbor wild coho salmon, wild winter steelhead, cutthroat trout and lamprey, among other aquatic organisms of all life stages. The bankfull width of Conway Creek at Aschoff Road was determined to be 13 feet by ODFW and a replacement structure of a minimum 20 feet is required. With completion of the project, it is expected the project will result in an additional 0.76 miles of high quality anadromous fish habitat.

The tasks included in this statement of work include performing: a topographic and right of way resolution; preliminary Type, Size and Location design; environmental investigations, studies, and permit applications; archaeological and historical baseline studies; geotechnical investigation; utility coordination; stormwater analysis, river hydraulics, and stormwater quality design; right of way maps, descriptions, and appraisals; and developing final Plans, Specifications, & Estimate documents.

Project Location:

Rhododendron, Oregon just off of E Lolo Pass Road on Aschoff Road at Conway Creek.

Lane Configuration and Geometry:

Aschoff Road’s functional classification is a rural local roadway and the ADT is less than 400. County Roadway Design Standards require 11-foot wide travel lanes and 2-foot wide shoulders. Typical slab bridges are provided in 4-ft wide sections so two roadway cross sections of 26 feet and 28 feet will be evaluated in the alternatives analysis.

Natural & Environmental Resources:

Provide services necessary to meet NEPA requirements, including performing archaeological and historic baseline studies and documenting associated findings, investigating and analyzing the site for hazardous materials, documenting biological resource compliance, performing wetland and water resource studies and preparing reports, developing FAHP documentation, developing final documents to meet NEPA requirements, and preparing environmental permit applications for USACE/DSL for the culvert replacement project.

Public Involvement and Outreach:

Public involvement will consist of providing information for County’s website, developing a brochure of the proposed bridge, preparing for and attending up to two Community Public Organization meetings.

Franchise Utilities:

Coordinate relocation of franchise utilities.

Geotechnical:

Perform a geotechnical investigation and develop a geotechnical report.

Stormwater Management:

Best Management Practices (BMP’s) utilized per Water Environment Services (WES) design standards as adopted by Clackamas County Department of Transportation and Development (DTD) and Federal Aid High Programmatic (FAHP) Stormwater Guidelines. This project is outside of Water Environment Services Areas, but DTD follows WES stormwater management requirements.

Signals and Lighting:

No new street lighting or signals are planned for this project.

Bridge:

Determine the type, size, and location of the replacement culverts. The replacement structure shall be sized to current AASHTO and County Roadway Design Standards. It is expected the replacement structure will be either a precast, modular bridge or a precast, prestressed slab bridge and the plans and special provisions will require that the superstructure be designed in accordance with AASHTO LRFD Design guidelines.

Right-of-Way (ROW):

Prepare ROW programing estimate and provide appraisal services for acquisitions. County ROW staff will negotiate the files. Consultant will confirm with survey and preliminary design.

1.3 PROJECT PHASES

Agency anticipates the contracted Services will be a phased development as follows:

• Phase I – Preliminary Engineering and Design Acceptance;

• Phase II – Final Design. Phase II is included in the initial Contract as a contingency but at

Agency’s discretion or due to the lack of construction funding potential, might not be implemented or approved.

• Phase III - Construction contract administration, construction engineering and inspection (“CA/CEI”). Following Final Design, Agency may, at its discretion:

(a) negotiate and amend the Contract to include all CA/CEI Services (or various elements),

(b) complete various elements of construction oversight work with Agency’s in-house staff, or

(c) assign various elements of CA/CEI Phase to another consulting firm.

1.4 PERIOD OF PERFORMANCE

The schedule for performance of Services needed under the prospective Contract is approximately September 2025 to March 2028 for Phase I. Completion of Phase II, if applicable, is approximately December 2029.

1.5 QUANTITY OF CONTRACTS AWARDED & OFFER PERIOD

If award is made, it is anticipated that 1 Proposer will be selected for Contract award from this RFP.

A Proposer's Proposal is a firm offer, irrevocable, valid and binding on the Proposer for not less than 120 days following the Closing date for this RFP. Agency may request, either orally or in Writing, that Proposer extend the offer period in Writing.

1.6 FUNDING SOURCE(S): FHWA (Culvert AOP) and County Road Fund

1.7 CONTRACT NOT TO EXCEED AMOUNT & METHOD OF COMPENSATION

Proposers are advised that the award and potential dollar amount of the Contract, including as may be amended within the Scope of Work identified in this RFP, are contingent upon Agency receiving approval of funding for use under this RFP as determined by Agency in its sole discretion.

The anticipated value of the Contract awarded from this RFP is estimated to be in the range of $475,00 to $525,000. Contingent upon Agency’s need, Consultant’s performance, and the availability of approved funding, Agency reserves the right to amend the Contract (within the scope of the project described in this RFP) for additional tasks, project phases and compensation as necessary to complete the project.

The method of compensation will be determined by Agency and may be any of the following methods (may include more than one method – “Mixed”):

• Cost Plus Fixed-fee, up to a maximum NTE amount;

• Time and Materials, up to a maximum NTE amount;

• Fixed Price for all Services; Fixed Price per Deliverable; Fixed Price per Milestone;

1.8 DISADVANTAGED BUSINESS ENTERPRISE (“DBE”) PARTICIPATION GOAL

ODOT’s DBE Policy Statement is posted at the following Internet address:

https://www.oregon.gov/ODOT/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx https://www.oregon.gov/ODOT/Business/OCR/Pages/Disadvantaged-Business-Enterprise.aspx

The DBE Policy Statement applies and is incorporated with the same force and effect as though fully set forth in this RFP.

See RFP Attachment C – Sample Contract, Exhibit E for:

• information on reporting requirements and how credit for DBE participation is determined (for goal and no-goal Contracts), and

• further explanation and description of the DBE program.

A DBE participation goal of 15% has been assigned for the Contract.

Proposers shall demonstrate ability to meet the DBE goal if one is assigned to the prospective Contract.

Proposers should not assume that a minority-owned business(“MBE”), a woman-owned business (“WBE”), a business owned by a service-disabled veteran (“SDV”) or an emerging small business (“ESB”) currently certified in Oregon is a DBE firm. Proposers are encouraged to verify the DBE firms’ certification by:

• 1) requesting a copy of the DBE certification letter from the committed DBE firm; or

• 2) contacting the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) at

(503) 986-0123. Proposers may also access the updated certification list by accessing COBID’s Internet Web Page address at:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp

1.9 INSURANCE REQUIREMENTS

See Attachment C - Sample Contract for the insurance requirements (Contract Exhibit C) and terms and conditions that will apply to the prospective Contract from this RFP.

1.10 CONTRACT TERMS & CONDITIONS

See Attachment C - Sample Contract, which is incorporated in the RFP by this reference, for the terms and conditions that will apply to the prospective Contract from this RFP. Unless an official Addendum has modified or reserved the right to negotiate any terms and conditions contained in the Sample Contract or exhibits thereto, Agency will not negotiate any term or condition after the solicitation protest deadline, except the SOW and pricing with the selected Proposer(s). Changes to standard Contract terms and conditions may be subject to approval by ODOT.

By Proposal submittal, the selected Proposer agrees to be bound by the terms and conditions as set out in the Sample Contract associated with this RFP, and as they may have been modified or reserved by Agency for negotiation. Any Proposal that is received conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate will be rejected.

2.0 INSTRUCTIONS TO PROPOSERS & SUBMITTAL REQUIREMENTS

2.1 PROPOSER QUESTIONS, RFP PROTESTS and REQUESTS FOR CHANGE

All questions, RFP protests or requests for change relating to any aspect of this RFP or the associated project(s) must be submitted in Writing via e-mail to the Single Point of Contact identified on page 1 of this RFP. RFP protests and requests for change submitted after the due date on page 1 of this RFP will not be considered. Any RFP protest or request for change must identify the RFP number, discipline and project name it applies to and must be in conformance with requirements set forth in OAR 137-048- 0240(1). The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of Addenda to the RFP, unless the Addenda specify a different deadline. Failing to follow the foregoing requirements regarding the Single Point of Contact for inquiries may result in Proposal rejection by Agency.

Answers to substantive questions and/or any changes to the RFP will be issued as official Addenda to https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp https://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_048.html this RFP, no later than 5 Business Days prior to the Proposal due date.

If a pre-Proposal conference is scheduled, it is so stated on page 1 of this RFP.

2.2 ADDENDA (referred to as “Amendment” in OregonBuys)

When appropriate, as determined by Agency in its sole discretion, changes to Closing/Proposal due date and time or revisions, additions, substitutions, clarifications of the RFP or attached terms and conditions will be issued as Addenda to this RFP. Modifications to this RFP shall be binding on Agency and Proposer only if in the form of written Addenda issued by Agency. Any such Addenda are incorporated into this RFP as if fully set forth herein. Except for officially issued Addenda, no person has been authorized to provide any other written or oral representation, clarification, warranty or assurance with respect to this RFP or the project.

Agency shall advertise addenda, if any, on OregonBuys. Anyone who has downloaded or received a copy of this RFP will only be alerted to the existence of any Addenda by monitoring and downloading from the above website, or by checking with the Single Point of Contact for this RFP. Agency is not responsible for sending Addenda to any potential Proposers.

2.3 MINIMUM QUALIFICATIONS

2.3.1 Registered Professional Engineer. In the space provided on the Proposal Cover Sheet (RFP

Attachment A), list the name and registration number of at least one Oregon Registered Civil Engineer in active status (or that will be prior to Contract execution) employed by Proposer and proposed to be in responsible charge of engineering Services under the prospective Contract.

2.3.2 Registered Professional Land Surveyor (PLS). In the space provided on the Proposal Cover

Sheet (RFP Attachment A), list the name and registration number of at least one PLS intending to perform Services under the Contract.

2.3.3 Maximum Subcontracting. Proposers are advised that, to be considered for award, the prime consultant must have qualified employees and capacity to self-perform (without subconsultant assistance) at least 51 percent of the Contract value for the proposed services (this does not apply to CA/CEI phase which may be subcontracted without the 51% self-performance requirement). The prime must have qualified employees to self-perform the Services and conduct quality control reviews of the core deliverables required under the Contract. For example, if a bridge design project includes some survey, environmental, and geotechnical services, Agency intends to select a firm with employees qualified to perform bridge design, instead of selecting a survey, environmental, or geotechnical firm that will subcontract the bridge design.

2.4 PROPOSAL & SUBMITTAL REQUIREMENTS

2.4.1 Time, Date and Place for Submission. Proposals and all required submittal items must be submitted via the Electronic Procurement System specified in section 0.0 of this RFP and received by the deadline specified on page 1 of this RFP (or such other deadline as may be revised by Addenda issued by Agency). Agency will not accept Proposals submitted after the Proposal submittal deadline.

If submittal by email or Electronic Procurement System is allowed under this RFP, in the event of a system failure that interferes with the ability of Proposer to submit Electronic Submittals, to protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by issuing an Addendum immediately after the Electronic Procurement System or electronic mail system becomes available.

2.4.2 Proposal Page Limit. The Proposal is limited to 13 pages. Any pages exceeding this limit will not be considered in the evaluation. Items excluded and not counted as pages toward the page limit include:

• Attachment A – Proposal Cover Sheet,

• Any additional forms required in section 2.4.5.

2.4.3 Proposal Format. One page is defined as: one side of any 8-1/2" x 11" page, partial page, tab, index or table of contents that contains substantive text, tables, graphics, charts, resumes, etc. Any page over this size will be counted as 2 pages. Proposals must use a minimum of 12-point font for substantive text (including text in tables or resumes, if any).

Proposal and other submittal requirements must be submitted in the following electronic format: Adobe Acrobat (pdf) or Microsoft Word (docx).

2.4.4 Required Proposal Contents. Proposals must include:

• A completed and signed Proposal Coversheet – RFP Attachment A (not counted toward page limit)

• Responses to the scored criteria identified in RFP section 3 and any other requirements specified in this RFP or the Proposal Coversheet.

• Any content in the Proposal which Proposer believes to be a trade secret or exempt from public disclosure must be so indicated in conformance with section 5.4 of this RFP.

[This is a qualifications based selection. Cost information shall not be submitted with Proposals (see RFP section 4.0).]

2.4.5 Additional Required Forms/Documents. The following do not count toward the Proposal page limit and must be submitted with the Proposal package (but separate from Proposal):

Signed Subcontractor Solicitation and Utilization Report - SSUR (form available at:

https://www.oregon.gov/ODOT/Forms/2ODOT/2721.pdf.) [Submit 1 copy of a completed, signed SSUR with Proposal. Also email a copy of the completed, signed SSUR directly to ODOT Office of Civil Rights (ocr.psk@odot.oregon.gov) within 10 Business Days following Proposal submittal due date. If unable to open form, see instructions for changing browser settings.]

Signed Conflict of Interest Disclosure (form available at: http:

https://www.oregon.gov/ODOT/Business/Procurement/DocsLPA/COI_LPA.docx)

(Note: Proposers should review section 4 of this RFP to ensure they can comply with submittal requirements for the selected Proposer.)

2.4.6 Proposal Package.

Proposer must provide all required submittal items electronically to the Single Point of Contact via the Electronic Procurement System specified in RFP cover page.

Electronic File Size. Proposer shall make reasonable efforts to compress or optimize files to not exceed a combined total of 25 megabytes for all submittals. For tips on reducing file size, see information at the following links: How to reduce PDF file size; How to reduce the size of Word documents that contain images.

Electronic Signatures. By submitting a Proposal in response to this RFP, the Proposer (and if selected for award, also as the Consultant) agrees with the Agency that signatures showing on https://www.oregon.gov/ODOT/Forms/2ODOT/2721.pdf mailto:ocr.psk@odot.oregon.gov https://www.howtogeek.com/721441/how-to-download-pdfs-instead-of-previewing-them-in-chrome-firefox-and-edge/ https://www.howtogeek.com/721441/how-to-download-pdfs-instead-of-previewing-them-in-chrome-firefox-and-edge/ https://www.oregon.gov/ODOT/Business/Procurement/DocsLPA/COI_LPA.docx https://libguides.rowan.edu/c.php?g=248114&p=4694944 https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/ https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/

PDF documents submitted or exchanged electronically are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

2.4.7 Proposal Withdrawals or Modifications.

A Proposal may be withdrawn or replaced with a modified Proposal by written request from Proposer, provided the request (and any modified Proposal) is signed by Proposer’s authorized representative and received by Agency prior to the deadline for Proposal submittal.

3.0 EVALUATION PROCESS & CONSULTANT SELECTION

3.1 PROPOSAL EVALUATION

Submittals will be reviewed by Agency for responsiveness to all requirements (allowing for minor informalities) set forth in the RFP and RFP Coversheet. Responsive Proposals will be forwarded to an evaluation committee of at least 3 members that will independently review, score and rank Proposals according to the Scoring Criteria set forth in section 3.2. Evaluators will independently judge the merits of the Proposals by comparing the requirements and criteria stated in the RFP with the responsiveness and the relevance of experience/qualifications presented in the Proposal. The outcome of the Evaluation process may, in Agency’s sole discretion, result in:

(a) notice to Proposers of selection or rejection for Contract negotiation and possible award; or

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

Agency may require any clarification it needs to understand the Proposer’s Proposal. Clarifications may not be used to rehabilitate a non-responsive Proposal.

3.2 EVALUATION CRITERIA

Criteria Maximum Points

1 Project Team - This criterion relates to the Proposer's firm and key individuals qualifications, capabilities, and experience. Provide a description of the following:

• Provide a general overview of the firm including size of staff, location of staff in proximity to Clackamas County, background of company, specific qualifications and expertise, etc.

• Provide experience of the firm and staff with similar projects within the past seven years. Include experience that best characterize work quality and cost control (references are required to be submitted). Demonstrate comprehensive expertise to cover all scopes of the project.

• Include the name of individuals and their qualifications of who will be performing the work on the project. Identify any subconsultants, including DBEs, that will be included on the team. (Please note the restriction on markup fees for subcontracted work.)

Provide any additional supportive information that will illustrate the company’s, subconsultants, and individuals qualifications.

Project Understanding and Approach - This criterion relates to the Proposer’s understanding of the project and the methodology and course of action used to meet the goals and objectives of the project. The issue is whether the Proposer has a clear and concise understanding of the project based on existing information.

Elements to be considered include the following:

• Proposer’s understanding of the project as demonstrated in the RFP.

• Proposer’s awareness of key issues.

• Proposer’s awareness of project requirements to produce the necessary project deliverables on schedule and within budget.

• One page only (11” X 17” required) of this section shall be dedicated to providing a detailed matrix illustrating tasks, subtasks and percent of overall project resources on one axis (including proposed percentage of DBE work), and a timeline on the other axis.

• Proposer’s understanding and ability to incorporate comments from the stakeholders into the overall project.

3 Communication and Availability - This criterion relates to accessibility and availability for project work, meetings, and other interaction with the County.

Provide a description of the following:

• Ongoing projects for key staff and percent contracting availability for assignment to this project.

• Resources available to perform the work for the duration of the project.

• Accessibility for interaction with the Agency for meetings and other project tasks.

• Ability to establish and maintain functional, productive working relationships.

4 Supportive Information - Supportive material may include graphs, charts, photographs, resumes, references, etc., and is completely discretionary. note that the material included as supportive information will not be considered when scoring any sections of the Proposal other than “Supportive Information”.

3.3 INTERVIEWS

Agency may, in its sole discretion, conduct and score interviews with the top ranked Proposers following Proposal evaluation. If interviews are conducted, the following will apply:

• A minimum of 3 evaluators shall score the interviews;

• Evaluation and scoring will based on the criteria in section 3.2;

• Interviews will have a maximum score of 50 points;

• The number of Proposers selected for interviews is at the sole discretion of Agency;

• Interviews may require physical attendance at Agency’s offices; however, Agency may elect to conduct interviews via teleconference or video conference. Further details will be included with notification of time and date of interviews, if conducted.

3.4 REFERENCES

Agency reserves the right to investigate references including customers other than those provided in the Proposal or Proposal Coversheet (Attachment A). Investigation may include past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment to employees and workers or any other criteria as determined by Agency.

3.5 METHOD OF AWARD

The scores for Proposer ranking and tentative award will be determined as follows:

• Total Proposal Score = Total of all evaluator scores for a given Proposal, divided by the number of evaluators.

• Total Interview or Follow-up Questions Score (if conducted) = Total of all evaluator scores for a given Proposer, divided by the number of evaluators.

• Final Score = Total Proposal Score plus Total Interview or Follow-up Questions Score (if conducted).

3.6 RESPONSIBILITY DETERMINATION

At any time prior to Contract execution, Agency may rescind the intent to award notice, if applicable, and reject any Proposer found to be not responsible.

3.7 INTENT TO AWARD NOTICE

If an apparent successful Proposer is selected, Agency will issue an intent to award notice on the eProcurement System specified in RFP cover page. Award to the apparent successful Proposer is subject to successful negotiation of the Contract.

3.8 PROTEST of CONSULTANT SELECTION

A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the Purchaser/Single Point of Contact, identified on page 1 of this RFP, no later than 7 calendar days after the date of the selection notice.

Selection protests submitted after this deadline will not be considered. Selection protests must identify the RFP number and project name it applies to, and must be in conformance with requirements set forth in OAR 137-048-0240(2). All costs of a protest shall be the responsibility of the protestor and undertaken at the protestor's expense.

3.9 PUBLICITY

Any publicity giving reference to this project, whether in the form of press releases, brochures, photographic coverage, or verbal announcement, shall be done only after prior written approval of the Agency.

4.0 CONTRACT AWARD REQUIREMENTS & NEGOTIATIONS

The submittal requirements in this section 4 apply only to a Proposer that receives intent to award notice following Agency’s evaluation and scoring of Proposals (and interviews, if conducted).

Cost information shall not be submitted as part of the Proposal package and shall be submitted only when requested by Agency.

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

4.1 COST INFORMATION

4.1.1 Approved Cost Data on File with ODOT. If awardee or its subconsultants have current, approved overhead, salary, or Negotiated Billing Rate (NBR) rate schedules on file at ODOT, awardee and its subconsultants will submit those approved rate schedules and any required certifications to Agency (or Agency may obtain approved rate schedules from ODOT) in lieu of the submittal requirements in section 4.1.3 below. If awardee or any of its subconsultants do not have approved cost data on file with ODOT, then the cost data and certification forms required under section 4.1.3 must be submitted as applicable.

https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=299

4.1.2 Conformance with Federal Cost Principles. Direct and indirect costs as applied to cost estimates and invoices under federally funded Agency Contracts and subcontracts must be in conformance with Federal Cost Principles (48CFR Part 31). Costs may not be discriminatory against the Agency. It is discriminatory against the Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances. Any cost data submitted by Proposer pursuant to this solicitation may be shared with ODOT, FHWA and Oregon Secretary of State as necessary for audit purposes.

4.1.3 Billing Rates. Following notice of intent to award, the selected Proposer shall submit

(electronically in Excel format) billing rate information within 5 Business Days of request by Agency. Compensation related forms/templates are available at https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx. Billing rate information must include either “Direct Salary and Overhead Information” or “Negotiated Billing Rate Schedule” described below, as applicable to your firm’s (and subconsultant’s) accounting method:

a. Direct Salary and Overhead Information:

(i) Direct Salary Rate Schedule. This schedule includes the name, classification and actual direct salary rate for each employee that may be used under the Contract. The direct salary rate schedule will not be included in the Contract but will be used by Agency for negotiations and to develop an approved billing rate schedule, if applicable, for the Contract.

(ii) Calculation of Overhead Rate (if applicable for your firm’s type of accounting). Current overhead accounting information on a form using the standard 3-column format. Firms shall condense or expand categories as applicable to the firm’s method of accounting. Firms that have not established an overhead rate, based upon their particular financial reporting methodology, shall be reviewed by Agency to determine whether an overhead rate schedule will be required or a negotiated non-provisional billing rate will be used. If a firm does calculate overhead, the information must be submitted to Agency and updates must be provided annually.

(iii) Cognizant Audit – If an audit for the most recent fiscal year has been completed for your firm (or any sub-contractors) by the appropriate federal cognizant agency, this must be submitted with the billing rate information (electronically in PDF format).

(iv) Independent Audit – If an audit for the most recent fiscal year has been completed for your firm (or any sub-consultants) by an independent, third party accounting firm, this must be submitted with the billing rate information (electronically in PDF format).

(v) Certification of Indirect Rate – FHWA directive 4470.1A requires firms to submit a signed certification of compliance with 48CFR Part 31 Federal Cost Principles. If your firm calculates overhead, submit a signed copy of the Certification of Final Indirect Costs form.

b. Negotiated Billing Rate Schedule (NBR): This schedule is used by firms that do not have an acceptable overhead rate with independent audit as part of their normal accounting practice and Agency determines it is in the best interest of the government to negotiate fully loaded billing rates. The negotiated billing rate schedule includes rates that are fully loaded with direct salary, indirect expenses and profit. Provide name, classification (project role) and fully loaded rate for each employee. Use of a negotiated billing rate schedule may be required by Agency (or ODOT) for consultants or subcontractors that do not have audited overhead rates or that, upon cursory review, appear not to be calculating overhead correctly and in conformance with Federal Cost Principles.

4.1.4 Cost Estimate Breakdown. The cost estimate must include a detailed breakdown of the costs for each element of the work regardless of compensation method. Unless specified otherwise in the solicitation, Contract, or by Agency, the estimate must identify:

https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title48/48cfr31_main_02.tpl https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://www.fhwa.dot.gov/legsregs/directives/orders/44701a.htm https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title48/48cfr31_main_02.tpl https://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/ohCert.docx https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title48/48cfr31_main_02.tpl

• the proposed staff assignments (job classifications, and names if requested) and hours per task and sub-task.

• an itemization of any necessary rental equipment, flaggers, travel and other direct non-labor expenses (estimates from vendors or other documentation shall be provided upon request);

• hours per task and sub-task for each subconsultant with job classifications (and names if requested), and itemized direct non-labor costs.

• Contingency Tasks. Each contingency task, if any, must be shown as a separate line-item on the estimate with same requirements for breakdown of costs as non-contingency tasks. The total amount for a contingency task must include all labor, overhead, profit, and direct non-labor expenses for the contingency task. Do not include expenses for contingency tasks in the amounts or totals for non-contingency tasks; they must be reported separately on the estimate.

Notes:

• Consultant must submit their initial cost estimate breakdown without profit included. Profit will be negotiated and added to cost estimates following agreement on the SOW, labor costs and expenses.

• Do not add profit to costs based on fully-loaded NBR billing rates. Profit is already included in the hourly rate.

4.2 CERTIFICATION REGARDING DEBARMENT & OTHER RESPONSIBILITY MATTERS

Within 5 Business Days of receipt of notice of intent to award, for Contracts that will exceed $150,000 (including as may be amended) the selected Proposer shall submit a signed Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters form available on line at: https://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/CertFederal.pdf (ref 48CFR 52.209-5)

4.3 CERTIFICATES OF INSURANCE

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

4.4 COMMITTED DBE BREAKDOWN & CERTIFICATION FORM

The selected Proposer must submit, prior to execution of the Contract (during negotiations), a completed and signed Committed DBE Breakdown and Certification Form (one for each DBE sub). Instructions for submittal are on the “Instructions” tab of the form. The Committed DBE Breakdown and Certification Form-AE is available at: https://www.oregon.gov/ODOT/Business/OCR/Pages/Forms.aspx. For additional information, see Exhibit E of the Sample Contract (RFP Attachment C).

4.5 TAX ID NUMBER

The selected Proposer shall provide their Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following apply:

• When requested by Agency prior to Contract execution, or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

4.6 BUSINESS REGISTRY NUMBER/REGISTERED AGENT

If selected for Contract award, Proposer must be duly authorized by the State to transact business in the State before executing the Contract. The selected Proposer shall submit a current Oregon Secretary of State business registry number (unless operating as your real and true name). See process for obtaining a business registry number. All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules.

https://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/CertFederal.pdf https://www.oregon.gov/ODOT/Business/OCR/Pages/Forms.aspx https://www.irs.gov/pub/irs-pdf/fw9.pdf http://sos.oregon.gov/business/Pages/registering-your-business-name.aspx https://sos.oregon.gov/business/Pages/register.aspx https://sos.oregon.gov/business/Pages/register.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/documents/business-guides/start-business-guide.pdf htthttps://sos.oregon.gov/business/Pages/business-information-center.aspx

The titles in this subsection are available at the following Internet site:

https://sos.oregon.gov/business/Pages/default.aspx.

4.7 NEGOTIATIONS

Agency will negotiate in the best interest of the government, the SOW, costs, and any provision(s) Agency has indicated in the RFP or any Addenda it will negotiate. Agency will, either orally or in Writing, formally terminate negotiations with the highest ranked Proposer if Agency and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. Agency may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on until negotiations result in a Contract. Agency may end this solicitation if negotiations do not result in a Contract within a reasonable amount of time, as determined in the sole discretion of Agency.

5.0 GENERAL TERMS & CONDITIONS FOR THIS RFP

5.1 NON-DISCRIMINATION

Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit Proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

5.2 FUTURE WORK LIMITATIONS

(For these purposes, “Affiliate” or “Affiliates” of a consultant means any Person or entity that controls, is controlled by or is under common ownership or control with that consultant.)

• If a consultant is awarded a Contract to prepare an Environmental Impact Statement, Environmental Assessment, Categorical Exclusion or designs and plans/specifications for a project, that consultant and its Affiliates will not be eligible to propose/bid on or enter into a Contract to construct that project.

• If preliminary engineering and final design will be performed under the prospective Contract, Agency is not obligated to proceed with final design for any alternative. All reasonable alternatives will be evaluated and given appropriate consideration, and consultant may not proceed with final design until the relevant NEPA decision documents have been issued (e.g., Categorical Exclusion, Finding of No Significant Impact, or Record of Decision).

• If a consultant is awarded a Contract to prepare an Environmental Impact Statement, Environmental Assessment or Categorical Exclusion for a project, that consultant and its Affiliates may prepare the designs/plans/specifications for the project or may propose under a separate solicitation to prepare designs/plans/specifications for the project only if Agency concludes that the NEPA document was prepared with objectivity. Agency is not obligated to proceed with final design for any alternative. All reasonable alternatives will be evaluated and given appropriate consideration, and consultant may not proceed with final design until the relevant NEPA decision documents have been issued (e.g., Categorical Exclusion, Finding of No Significant Impact, or Record of Decision).

• If a consultant or any Associate of consultant enters into personal services Contract(s) with Agency for the purpose of advising or assisting in developing specifications, a scope or statement of work, an invitation to bid, an RFP or other solicitation documents and materials related to a given procurement, the consultant may not be eligible to propose/bid on the prospective procurement (based on a case-by-case assessment by Agency, ODOT or FHWA).

https://sos.oregon.gov/business/Pages/default.aspx

5.3 ELECTRONIC FILES LINKED OR ATTACHED TO RFP

This RFP document must be viewed electronically to access files, attachments, forms, provisions or other documents that are attached electronically (shown as icons) or provided via hyperlinks from the Internet in this RFP. All files, attachments forms, provisions or other documents attached electronically or linked from the Internet are incorporated in this RFP with the same force and effect as though fully set forth in this RFP.

5.4 PUBLIC RECORDS

Proposals shall be open to public inspection in accordance with ORS 279C.107. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.311(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS

192.311 through 192.478, the Proposer must clearly designate on or with the Proposal the portions of its Proposal which Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the Proposal in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable. In such circumstances Agency will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt. If Proposer fails to identify, on or with the Proposal, the portions of the Proposal Proposer claims are exempt from disclosure and the authority used to substantiate that claim, Proposer is deemed to have waived any later claim of an exemption or request for nondisclosure of that information. Agency will not be held liable for any disclosure of information which Proposer considers to be exempt from disclosure if required by a Public Records Order. Notwithstanding any rights under 17 USC 101 et seq., (the United States Copyright Act), when Agency is required to provide copies of the non-exempt portion of the Proposal pursuant to a Public Records Order, Proposer hereby grants a license to Agency to copy those portions of the Proposal that are subject to disclosure.

5.5 USE of RECYCLED PRODUCTS

Consultants/contractors shall use recyclable products to the maximum extent economically feasible in the performance of the Contract work set forth in this document.

5.6 RFP CANCELLATION

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

https://www.oregonlegislature.gov/bills_l…