RFP 2642 Owner Advisor for Alt Delivery Services~1.pdf

RFP NUMBER 00002642

PERSONAL SERVICES

City of Portland, Oregon

QUALIFICATIONS BASED SELECTION

REQUEST FOR PROPOSALS

for

Owner Advisor, Construction Management and Inspection Services for

Alternative Delivery Capital Improvement Projects

PROPOSALS DUE: before 4:00 p.m. December 23, 2025

SUBMITTAL INFORMATION: Refer to PART II, SECTION B.3 (PROPOSAL SUBMISSION)

Submit the Proposal to:

City’s Online Procurement Center https://procure.portlandoregon.gov

Refer questions to:

Jin Huang Phone: 503-823-8235 Email: jin.huang@portlandoregon.gov

No PRE-SUBMITTAL MEETING is scheduled for this RFP.

City of Portland RFP#00004642; Project#132290 Page 1 of 34 https://procure.portlandoregon.gov/

GENERAL INSTRUCTIONS AND CONDITIONS

Design VC QBS-RFP (Rev. 10-2025)

CORPORATE RESPONSIBILITY – The City of Portland is committed to contracting with equitably aware and environmentally responsible businesses.

The City values and supports diversity, advancing equity, and is dedicated to expanding economic opportunities by growing both the demand for and capacity of local contractors, including those owned by people of color and women. It is the policy of the City that all businesses, including small, minority and women-owned businesses, be given the maximum practicable opportunity to compete for and be awarded contracts.

CITY SUSTAINABILITY OBJECTIVES – The City’s Sustainable City Principles directs City Bureaus to pursue long-term social equity, environmental quality, and economic vitality through innovative and traditional mechanisms. It is the policy of the City of Portland to encourage the use of products or services that help to minimize the human health and environmental impacts of City operations.

A successful Proposer is encouraged to incorporate environmentally preferable products or services into its work performance wherever possible.

"Environmentally preferable" means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

ENVIRONMENTAL CLAIMS – Upon request, the vendor must provide and make publicly available verifiable evidence supporting every environmental claim made about the products or services provided to the City. Environmental claims for which verifiable evidence must be provided include any claim provided on products, product packaging, product or service sales literature and websites, and information provided to respond to this solicitation.

INVESTIGATION – The Proposer shall make all investigations necessary to be informed regarding the service(s) to be performed under this request for proposal.

SPECIAL CONDITIONS – Where special conditions are written in the Request for Proposal (“QBS-RFP”), these special conditions shall take precedence over any conditions listed under the “General Instructions and Conditions".

CLARIFICATION OF REQUEST FOR PROPOSAL – Proposers who request a clarification of the QBS-RFP requirements must submit questions in writing to the person(s) shown in the REFER QUESTIONS TO section on the cover of this QBS-RFP, or present them verbally at a scheduled pre-submittal meeting, if one has been scheduled. The City must receive written questions no later than the date stated herein. The City will issue a response in the form of an addendum to the QBS-RFP if a substantive clarification is in order.

Oral instructions or information concerning the Request for Proposal given out by City bureaus, employees, or agents to prospective Proposers shall not bind the City.

ADDENDUM – Any change to this QBS-RFP shall be made by written addendum issued no later than 72 hours prior to the proposal due date. The City is not responsible for any explanation, clarification, or approval made or given in any manner except by addendum.

COST OF PROPOSAL – This Request for Proposal does not commit the City to pay any costs incurred by any Proposer in the submission of a proposal, in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the services to be furnished under the Request for Proposal.

CANCELLATION – The City reserves the right to modify, revise, or cancel this QBS-RFP. Receipt and evaluation of proposals or the completion of interviews do not obligate the City to award a contract.

LATE PROPOSALS – Proposals received after the scheduled closing time for filing will be rejected as non-responsive and returned to the Proposer unopened.

REJECTION OF PROPOSALS – The City reserves the right to reject any or all responses to the Request for Proposal if found in the City’s best interest to do

so. In the City’s discretion, litigation between the City and a Proposer may be cause for proposal rejection, regardless of when that litigation comes to the City’s attention and regardless how the Proposer’s proposal may have been scored. Proposals may also be rejected if they use subconsultants who are involved in litigation with the City. Proposers who are concerned about possible rejection on this basis should contact the City before submission of a proposal for a preliminary determination of whether its proposal will be rejected.

CITY OF PORTLAND TAX REGISTRATION NUMBER – Successful Proposer shall obtain a current City of Portland Tax Registration Number prior to initiation of contract and commencement of the work.

WORKERS’ COMPENSATION INSURANCE – Successful Proposer shall be covered by Workers’ Compensation Insurance or shall provide evidence that State law does not require such coverage.

CERTIFICATION AS AN EEO EMPLOYER – Successful Proposers must be certified prior to contract execution, as an Equal Opportunity Employer as prescribed by Portland Public Contracting Rules 5.33.076, and if awarded a contract, must maintain the certification throughout the term of the contract.

EQUAL BENEFITS PROGRAM – Successful Proposers must certify prior to contract execution, that they provide benefits to their employees with domestic partners equivalent to those provided to employees with spouses as prescribed by Chapter 5.33.077 of the Public Contracting Rules of the City of Portland.

LOCAL CONTRACTING – If the final evaluation scores are otherwise equal, the City prefers goods or services that have been manufactured or produced by a Local Business. The City desires to employ local businesses in the purchase, lease, or sale of any personal property, public improvements, or services. The City wants the residents of the State of Oregon and SW Washington to benefit from optimizing local commerce and services, and the local employment opportunities they generate. [City of Portland Resolution #36260]

CONFLICT OF INTEREST - A Proposer filing a proposal hereby certifies that the proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer of the same request for proposals, that the Proposer is competing solely on its own behalf without connection or obligation to any undisclosed person or firm, that Proposer is not a City official/employee or a business with which a City official/employee is associated, and that to the best of its knowledge, Proposer, its employee(s), its officer(s) or its director(s) is not a City official/employee or a relative of any City official/employee who: i) has responsibility in making decisions or ability to influence decision-making on the contract or project to which this proposal pertains; ii) has or will participate in evaluation, award or management of the contract related to this proposal; or iii) has or will have financial benefits in the contract to which this proposal pertains.

Proposer understands that should it elect to employ any former City official/employee during the solicitation period or the term of the contract then that the former City official/Consultant employee must comply with applicable government ethics and conflicts of interest provisions in ORS Chapter 244, including but not limited to ORS 244.040(5) and/or ORS 244.047, and the City’s Charter, Codes and administrative rules, including but not limited to lobbying prohibitions under Portland City Code Section 2.12.080.

PUBLIC RECORDS – Any information provided to the City pursuant to this QBS- RFP shall be public record and subject to public disclosure pursuant to Oregon public records laws (ORS Chapter 192). Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of ORS 192.345(2) and ORS 192.355(4) and/or ORS 646.461 et seq. The fact that a proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. 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.

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 all appropriate legal action. The proposer further agrees to hold harmless, defend, 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.

The Chief Procurement Officer has the authority to waive minor irregularities and discrepancies that will not affect the competitiveness or fairness of the solicitation and selection process.

These Request for Proposal “General Instructions and Conditions" are not to be construed as exclusive remedies or as a limitation upon rights or remedies that may be or may become available under ORS Chapter 279A, B, and C.

City of Portland RFP#00004642; Project#132290 Page 2 of 34 http://efiles.portlandoregon.gov/Record/2437916/

PART I SOLICITATION REQUIREMENTS

SECTION A GENERAL INFORMATION

1. INTRODUCTION

The City of Portland (City), Bureau of Environmental Services (BES), serves the Portland community by providing water quality protection, watershed planning, wastewater collection, treatment, and pumping, and stormwater management. All construction projects over $5M are evaluated for alternative delivery approaches, which are increasingly implemented on larger projects for overall project risk reduction. As such, BES is experiencing and anticipating increases in the number of projects that utilize alternative delivery approaches, which typically address high-risk priorities in all portfolios, particularly those associated with aging wastewater treatment and pumping infrastructure.

The City seeks proposals from qualified firms, hereafter called “Proposer(s),” for Owner Advisor (OA) services to provide expertise and resources to advise on and represent the interests of the City with project contractors and consultants in mitigating the risks and delivery challenges of alternative delivery projects. The services will be provided in the areas of project management and control, technical services, procurement assistance, construction management and inspection, and programmatic support for alternative delivery projects. Proposers should have demonstrated experience in alternative delivery methods including, but not limited to, Construction Manager‐General Contractor (CM/GC), Progressive Design-Build (PDB), Best Value, and Design-Build (DB) contracting methods. The successful Proposer will collaboratively provide the required OA services on an as-needed basis, described in detail in Part 1 Section B, below. A key responsibility of the successful Proposer is to provide expertise and facilitate collaboration while protecting the interests of the City relative to alternative delivery project Contractors and Consultants.

2. BACKGROUND

No Service Category Description Maximum Number of Contracts to be Awarded

Maximum Contract Amount for the Five-year Period (EACH

CONTRACT)

I Owner Advisor, Construction Management and Inspection Services for Alternative Delivery Capital Improvement Projects

$9,000,000

BES intends to enter into value contract(s) with successful Proposer(s) to work collaboratively within the framework of alternative project delivery and act as an extension of BES staff with project consultants and contractors to support the respective project, design, and construction managers. The City intends to award up to two (2) contracts with a 5-year term to support a number of identified projects and other projects that are yet to be identified. The OA services from this solicitation may be applied to any other BES portfolios along with the following projects that have been identified in the near-term:

A. Columbia Boulevard Wastewater Treatment Plant Wet Weather Clarifier and Hypochlorite Modifications, BES project E11485 The disinfection and wet weather clarifiers (WWCL) infrastructure at the Columbia Boulevard Wastewater Treatment Plant (CBWTP) is aging. The existing hypochlorite disinfection system stores and doses sodium hypochlorite at various locations at the plant. This project replaces the existing facilities with a new, consolidated system to improve the required reliability and reduce operational complexity at this facility. The WWCLs consist of eight clarifiers to treat high volumes of wastewater during storm events. These structures were built between the 1950s and 1970s and mechanical, electrical and structural components require upgrades to continue ongoing, effectives processes. Upgrading both systems is required to sustain regulatory compliance. In addition, this project includes demolition of abandoned gravity thickeners. Project

City of Portland RFP#00004642; Project#132290 Page 3 of 34 goals are reducing risk of failure, addressing system deficiencies and supporting future plant expansion. This project is intended to be delivered under a Construction Manager/General Contractor (CM/GC) approach.

B. Inverness Force Main System Rehabilitation, BES project E11531 The Inverness Force Main is a critical part of infrastructure that conveys 12% of the City of Portland’s sewage to CBWTP. The goal of this project is to inspect, design and construct improvements that address deficiencies and reduce the risk of failures in the Inverness Force Main system. This project is being delivered under a Progressive Design Build approach.

C. CBWTP Blower System/Building, BES Project E11038 The aeration blower system is a critical component of secondary treatment process at CBWTP. Components of the existing system are aging. Complex upgrades are required to improve energy efficiency, system reliability, and meet operational treatment needs. This project replaces aged blowers and associated air piping, rehabilitate the blower building, upgrade blower controls, and related improvements. This project is being delivered under a CM/GC approach.

3. SCOPE OF WORK

BES is seeking proposals from individuals, firms, teams or consultants, hereafter called Proposers, with demonstrated professional Owner Advisor experience through all project phases, including successful management of risk, scheduling, planning, investigations, alternatives analysis, permitting, easements, design, construction, and startup of complex projects using alternative delivery methods such as CM/GC, Design-Build and Best Value. The successful Proposer assigned as the OA will work under the direction of the BES Project Manager as an extension of BES staff to successfully deliver these critical projects with the best value and quality for their investments. The OA will facilitate project progress and foster collaboration while acting in the best interest of the City.

The intent of this RFP is to award OA services to supplement City staffing resources. Services generally include work with short deadlines, require specialized expertise and scopes may need to be developed quickly. The City intends to award two (2) Contracts with 5-year terms. OA services generally include the following tasks (see Part 1 Section B for more detail):

Task 1. Project Management and Controls Task 2. Support Services Task 3. Alternative Delivery Procurement Assistance

Task 4. Construction Management and Inspection Task 5. Programmatic Support

The Scope of Work may change during the Project at the need and direction of the City. The successful Proposer(s) must make informed and prudent recommendations for the best interest of the City in the Project, firmly manage performance and deliverables of the associated Contractors and Consultants. Detailed technical requirements and services are provided in Part I, Section B.

4. PROJECT FUNDING

The proposal shall include the Proposer's true estimated cost to perform the OA Services independent of the City's budgeted funds for this work. Alternative delivery projects typically exceed $5 million in construction value. The City expects to get the best value in all aspects of the Project costs including OA services. OA services are funded via the City of Portland Sewer System Operating Fund under the BES Capital Improvements Program.

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5. WORK ASSIGNMENTS

Work performed under any resulting Contract(s) must be authorized via a written Work Assignment (sample attached as Exhibit C) signed by the City and the successful Proposer. The scope of work, schedule, deliverables, key personnel, subconsultants, compensation, and utilization of subconsultants will be defined in the Work Assignment prior to commencement of the work.

The overall Consultant Project Manager will be defined in the Contract and may be changed only through executed amendment to the Contract. Following the execution of each Work Assignment, the City’s Project Manager or delegate will work directly with the successful Proposer for the duration of the project unless otherwise noted on the Work Assignment.

Compensation:

Compensation for each Work Assignment will be determined through negotiation with the successful Proposer based on the scope of work, the hours the successful Proposer estimates for performance of the work and the successful Proposer’s hourly rates, subject to a predetermined cap for the maximum compensation for the particular Work Assignment. If the work requires fewer hours than those estimated, the successful Proposer will be paid for the actual hours necessary to complete the Work Assignment. If the successful Proposer underestimates the number of hours that are required to perform the work, the negotiated maximum compensation for the Work Assignment shall be the cap of the compensation to be paid. Compensation may be amended for documentable circumstances not reasonably foreseeable to either party at the time the Work Assignment was issued, or for changes to the scope of work or deliverables requested by the City.

Work Assignment Change Requests:

Compensation may only be adjusted via an executed Amendment to the Work Assignment for documentable circumstances not reasonably foreseeable to either party at the time the Work Assignment was issued, or for changes to the scope of work or deliverables requested by the City.

Any change to the scope of work, schedule, deliverables, subconsultants, compensation, and subconsultant utilization must be agreed upon by the City and the successful Proposer in writing as an executed Change Request amendment to the Work Assignment.

Work Assignment amendments exceeding 25% of the original Work Assignment amount must be authorized by the applicable Bureau Director or their designated representative and Chief Procurement Officer. The 25% limitation is based on the cumulative total of all financial amendments to the original Work Assignment amount. Work Assignments must be approved and accepted by both the Bureau’s Director or their designated representative and the Consultant’s representative.

The successful Proposer must be able to start the work per the Work Assignment no later than 7 calendar days from the date of the Notice to Proceed as projects often require work with short deadlines. If the successful Proposer is unable or unwilling to complete the project within the required time, it shall so state in writing to the City’s Project Manager and shall forfeit the Work Assignment within 24 hours of being notified.

Work Assignments will be negotiated on a project-by-project basis. In the event the City and a Consultant cannot reach a favorable agreement on the maximum compensation, the Scope of Work, or the schedule for a specific Work Assignment, the City shall terminate negotiations and commence negotiations with the next Consultant on the list. Continual difficulties in negotiating compensation caps or repeated unavailability or inability to perform Work Assignments may result in removal of a Consultant from the list and cancellation of the Consultant’s contract with the City.

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6. TIMELINE FOR SELECTION

The following dates are proposed as a timeline for this project:

Pre-submittal meeting at 11 a.m. None Scheduled

Written proposals due before 4:00 p.m. December 23, 2025

Announcement of short list Proposers Week of January 19, 2025

Interviews or additional review, if deemed necessary Week of January 26, 2025

Selection committee recommendation Week of February 2, 2025

Contract negotiation with successful Proposer Week of February 9, 2025

Notice to proceed – work begins March 2025

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

SECTION B WORK REQUIREMENTS

1. TECHNICAL OR REQUIRED SERVICES

The purpose of this OA role is to expand the capacity of the City to facilitate alternative delivery projects. The proposer shall have experience and competence in tasks described below with key focus on keeping the Project on time and on budget, limiting risk and ensuring that the City’s scope and Project goals are met. The successful Proposer will provide excellent organization, skilled personnel and management to perform required services at a fair price with a high degree of functionality and quality. The OA acts as an advisor, assistant and team member. The City is the decision-making authority, and the successful Proposer shall defer decisions to the City.

In addition, proposals should align and integrate Design Build Institute of America (DBIA) best practices, state/local statutes, and BES policies with project-specific requirements, goals and objectives. OA services are independent of the design engineer, Contractor and Consultants. The successful Proposer will understand all applicable federal, state and local laws, regulations and codes related to the project but shall not act with legal authority on behalf of the City.

The successful Proposer will work closely and collaboratively with designated City personnel, typically the BES Project Manager (PM), to effectively implement OA tasks that may include, but are not limited to, the following:

Task 1. Project Management and Controls

1.1. Project Management

a. Provide a Contract Manager responsible for the overall management of Consultant resources necessary to provide the contract required support services requested by BES. The Contract Manager will be primary point of contact with your firm.

b. Participate in monthly meetings with the City’s Project Managers to review current and projected support service requirements and to review the status of services in the previous month.

c. Utilize HERON, the City’s e-Builder based project management system for Program deliverables, invoicing, and records management Provide a well-formed expert OA Team, manage and coordinate subconsultant resources. The City will provide licenses required for users. Prepare and submit monthly invoices for progress payments, including monthly progress report including cost control, monthly subconsultant payment and utilization reports

d. Manage consultants and provide quality deliverables per the approved scope, schedule and budget

1.2. BES Project Management Support

a. Change management

b. Prepare agendas, facilitate, and memorialize project meetings, partnering sessions, and workshops

c. Support project chartering

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d. Prepare project ordinances, governance documents, reports, and presentations

e. Monitor and track project progress (decisions, issues, cost, timeline, etc.)

1.3. BES Project Team Facilitation

a. Support conflict and dispute resolution

b. Clarify roles and responsibilities and facilitate decision-making

c. Lead partnering meetings

1.4. BES Project Team Scheduling Services

a. Analyze and support Project schedules (consolidated and by others) for duration, logic, ties, float, critical path items, opportunities and problem areas

b. Review Consultant and/or Contractor proposed schedules for applicable change proposal request and provide analysis of impact to overall schedule and critical path

c. Meet with Consultant and Contractor monthly to update the overall schedule and identify issues, contingency, and upcoming critical path items

d. Update status of actual progress monthly and upload to HERON

e. Develop earned value data consistent with the Work Breakdown Structure

1.5. BES Project Team Cost Estimating and Control

a. Collaborate with team to establish format and methodology used for establishing a Guaranteed Maximum

Price (GMP)

b. Provide third-party independent AACEI classification cost estimating services appropriate to the level of design for scopes requested

c. Provide support for negotiations, validation and reconciliation of GMP and change orders

d. Provide cashflow projections based on overall project schedule and input from the Designer and

Contractor

e. Evaluate cost proposals per general conditions, reimbursable costs, cost control, open book basis, and claims management

1.6. BES Project Progress Reporting and Review

a. Develop project baseline progress reporting template for quarterly reporting

b. Provide audit services on PTE consultant and first tier subcontractor payroll records

c. Provide audit services on contractor and first tier subcontractors for work performed without a competitive bidding process

1.7. BES Project Risk Management

a. Lead risk meetings and workshops

b. Collaborate with the project team to resolve issues

c. Transparently advise on contingency and allowance establishment and management

d. Develop and maintain a consolidated Project Risk Register with associated cost allocations and probabilities

1.8. BES Quality Assurance and Quality Control (QA/QC) Compliance during design

a. Develop QA/QC procedures and implementation assistance

b. Provide third party audits to ensure project compliance including reviewing materials for errors, fraud or non-compliance

1.9. BES Project Document Control

a. Provide collaboration platform management (Sharepoint, BlueBeam Revu, HERON, etc.)

b. Perform document control including version control, monitoring documents, maintaining required naming conventions per City archival requirements, and storing all final documents in HERON

Task 2. Support Services

2.1. Review and refine front-end specifications, procedures, Standard Operating Procedures, manuals, and integration of other technical requirements

2.2. Permitting support, including tracking permit requirements and schedules, facilitate permit application reviews, presentations to the City’s Streamlining Committee, if applicable

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2.3. Support property acquisition and easements, including risk and schedule analysis and strategies for reducing impacts on project schedule

2.4. Design review comment collation adjudication for each design package

Task 3. Alternative Delivery Procurement Assistance

3.1. Alternative Delivery Method selection consultation

3.2. Develop Request for Qualifications (RFQ), Request for Proposals (RFP), or other required invitations required for the selected delivery method to obtain a qualified contractor

3.3. Develop project specific special provisions for general conditions for City Attorney and Procurement review and approval

3.4. Participate on the selection committee and provide feedback re: prospective proposers

3.5. Support outreach for prospective proposers, key trade contractors and equipment suppliers

3.6. Support the procurement process, including preparation of addenda, responses to questions, conforming documents

3.7. Support contract negotiations

Task 4. Construction Management and Inspection

4.1. Facilitate the preconstruction conference

4.2. Coordinate and communicate construction activities between contractors, operators and others

4.3. Monitor and inspect the work of contractors to ensure progress and proper construction methods are used

a. Prepare and maintain documentation including inspection logs, daily reports, force accounts, material testing and other construction records

b. Provide construction observation and as required by codes and permits

c. Verify field measurements/quantities for contract payments

d. Inspect temporary erosion and sediment control per regulatory requirements

e. Prepare and maintain digital photographic documentation of assigned projects

f. Support materials testing services

4.4. Attend field visits as requested by the City

4.5. Contract administration support

a. Assist in negotiating, reporting, and obtaining appropriate approvals for changes as they occur

b. Evaluate Contractor’s cost proposals, change order requests, and notices of change as requested by the

City

c. Assist the City for review of field directed changes

d. Develop contract amendments for signature

e. Support Claims management

4.6. Review and approve construction progress payments per contract requirements

4.7. QA/QC support

Task 5. Programmatic support

5.1. Provide training for Construction Managers, Inspectors, and Operations and Maintenance staff

5.2. Review alternative delivery templates and recommend updates to general conditions and special provisions

5.3. Recommend and support obtaining grants or other financial incentives

Listed tasks associated with OA services are not meant to be all-inclusive and Proposers are encouraged to demonstrate their expertise by identifying any work items and details not included under this section in their Proposal. Proposer must define other task deliverables in this proposal, as may be appropriate.

2. SUSTAINABILITY REQUIREMENTS

The successful Proposer(s) are expected to approach the work following the City sustainability policies.

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In-person meetings/events shall follow green meeting best practices, including but not limited to:

1. Reducing paper waste through online communications and/or meeting apps, double-sided printing, electronic signage, reusable name tags, etc.

2. Reducing food waste by utilizing reusable food serviceware (coffee carafes, durable dishware, etc.) getting accurate attendee head counts for meals, utilizing water pitchers/dispensers (no bottled water), serve food family-style or via buffet (avoid boxed lunches), etc.

3. Offering healthy, low-carbon foods.

4. Select meeting/event locations that are easily accessible by public transit and/or biking/walking.

5. Select meeting venues that follow sustainable practices, such as comprehensive recycling and composting programs.

6. Any paper meeting/event materials utilize paper made with high percentages of post-consumer waste (PCW) recycled content and are fully recyclable.

3. WORK PERFORMED BY THE CITY / OTHERS

The City has assigned a project manager to oversee the successful Proposer’s work and provide support as needed. The City will make available copies of the appropriate policies, planning documents, or design standards manuals. Other project-specific duties the City will perform shall be identified in the Work Assignments.

4. PROJECT REVIEWS

On a day-to-day basis, the progress of the work will be managed by the City’s Project Manager (PM). The BES PM will review and provide comments on all submitted deliverables.

5. DELIVERABLES AND SCHEDULE

Deliverables shall be considered those tangible resulting work products that are to be delivered to the City such as reports, draft documents, data, interim findings, drawings, schematics, training, meeting presentations, final drawings, and reports.

Unless otherwise specified by the City, the successful Proposer shall prioritize submitting applicable deliverables electronically, and any paper-based deliverables shall be printed double-sided and in bindings or report covers that are fully recyclable, preferably using materials containing post-consumer waste (PCW) recycled content.

Deliverables and schedule for this project shall include:

a. Deliverables and schedule shall be identified per Work Assignment as negotiated with the Consultant assigned.

b. Submit monthly subconsultant payment and utilization reporting electronically by the 15th of each month with invoice (reference Part II, Section C.5 of the QBS-RFP).

Listed tasks associated with OA services are not meant to be all-inclusive and Proposers are encouraged to demonstrate their expertise by identifying any work items and details not included under this section in their Proposal. Proposer must define other task deliverables in this proposal, as may be appropriate.

All deliverables and resulting work products from this contract will become the property of the City of Portland. As such, the Consultant and any Subconsultants grant the City the right to copy and distribute (in any and all media and formats) project deliverables for regulatory, project certification/recognition, program development, public education, and/or for any purposes at the sole discretion of the City of Portland.

6. PLACE OF PERFORMANCE

Contract performance will take place primarily at the successful Proposer’s facility. On occasion and as appropriate, work will be performed at City facilities, a third-party location, or any combination thereof.

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7. PERIOD OF PERFORMANCE

The City anticipates having the successful Proposer begin work immediately upon contract execution with submittal of final deliverables to the City occurring by December 31, 2030.

8. ACH PAYMENTS

It is the City’s policy to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. To initiate payment of invoices, Consultant’s shall execute the City’s standard ACH Vendor Payment Authorization Agreement and provide required documentation. Upon verification of the data provided, the Payment Authorization Agreement will authorize the City to deposit payments directly into Consultant’s accounts with financial institutions. All payments shall be in United States currency.

9. PUBLIC SAFETY

Public safety may require limiting access to public work sites, public facilities, and public offices, sometimes without advance notice. The Proposer shall anticipate delays in such places and include the cost of delay in the proposed cost. The successful Proposer’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 successful Proposer’s employees and agents to be escorted to and from any public office, facility, or work site if national or local security appears to require it.

10. BUSINESS COMPLIANCE

The successful Proposer(s) must be in compliance with the laws regarding conducting business in the City of Portland before an award may be made. The Proposer shall be responsible for the following:

Certification as an Equal Employment Opportunity (EEO) Employer The successful Proposer(s) must be certified as Equal Employment Opportunity Employers as prescribed by Section

5.33.076 of the Public Contracting Rules of the City of Portland prior to contract award. To certify go to the website at:

https://procure.portlandoregon.gov.

Non-Discrimination in Employee Benefits (EB) The successful Proposer(s) must be in compliance with the City’s Equal Benefits Program as prescribed by Section

5.33.077 of the Public Contracting Rules of the City of Portland prior to contract award. To certify go to the website at:

https://procure.portlandoregon.gov.

Respectful Workplace Behavior The City of Portland is committed to a respectful work environment, free of harassment, discrimination and retaliation and other inappropriate conduct. Every individual has a right to work in a professional atmosphere where all individuals are treated with respect and dignity. The City’s Human Resources Administrative Rule 2.02 (HR 2.02) covers all employees with the City of Portland as well as consultants, vendors or contractors who provide services to the City of Portland. The successful Proposer(s) must be in compliance with this rule at all times while under contract. To view the rule go to https://www.portland.gov/policies/human-resources-administrative-rules/equal-employment/hrar-202-prohibition-against.

Business Tax Registration The successful Proposer(s) must be in compliance with the City of Portland Business Tax registration requirements as prescribed by Chapter 7.02 of the Code of the City of Portland prior to contract award. Details of compliance requirements are available from the Revenue Bureau Tax Division, 111 SW Columbia Street, Suite 600, Portland, Oregon 97201, (503) 823-5157, website: https://www.portland.gov/revenue/business-tax.

11. INSURANCE

The successful Proposer(s) shall obtain and maintain in full force and at its own expense, throughout the duration of the contract and any warranty or extension periods, the required insurances identified below. The City reserves the right to

City of Portland RFP#00004642; Project#132290 Page 10 of 34 https://procure.portlandoregon.gov/ https://procure.portlandoregon.gov/ https://www.portland.gov/policies/human-resources-administrative-rules/equal-employment/hrar-202-prohibition-against https://www.portland.gov/revenue/business-tax require additional insurance coverage as required by statutory or legal changes to the maximum liability that may be imposed on Oregon cities during the term of the contract. Successful Proposer shall be able to provide evidence that any or all subconsultants performing work or providing goods or services under the contract have the same types and amounts of insurance coverage as required herein or that the subconsultant is included under the Successful Proposer’s policy.

Workers' Compensation Insurance: Successful Proposer shall comply with Oregon workers' compensation laws, ORS Chapter 656 and as it may be amended. Unless exempt under ORS Chapter 656, the Successful Proposer and any/all subconsultants shall maintain coverage for all subject workers for the entire term of the contract including any contract extensions.

Commercial General Liability Insurance: Successful Proposer shall have Commercial General Liability (CGL) insurance covering bodily injury, personal injury, property damage, including coverage for independent successful Proposer’s protection (required if any work will be subcontracted), premises/operations, contractual liability, products and completed operations, in per occurrence limit of not less than $2,000,000.

Automobile Liability Insurance: Successful Proposer shall have automobile liability insurance with coverage to cover bodily injury and property damage in an amount of not less than $2,000,000 for each accident.

Professional Liability & Errors & Omissions Insurance: Successful Proposer shall have Professional Liability and/or Errors & Omissions insurance to cover damages caused by negligent acts, errors or omissions related to the professional services, and performance of duties and responsibilities of the Successful Proposer under this contract in an amount with a combined single limit of not less than $1,000,000 per occurrence and aggregate of $3,000,000 for all claims per occurrence. In lieu of an occurrence based policy, Successful Proposer may have claims-made policy in an amount not less than $1,000,000 per claim and $3,000,000 annual aggregate, if the Successful Proposer obtains an extended reporting period or tail coverage for not less than three (3) years following the termination or expiration of the Contract.

Additional Insurance: Any insurance required by Federal Law or State Statute or City Code; such as Bailees Insurance, Maritime Coverage, or other coverage(s).

Additional Insured Endorsement: The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers’ Compensation, shall be without prejudice to coverage otherwise existing, and shall name the City of Portland and its bureaus/divisions, officers, agents and employees as Additional Insureds, with respect to the Successful Proposer’s activities to be performed, or products or services to be provided. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured.

Continuous Coverage & Notice of Cancellation: The Successful Proposer agrees to maintain continuous, uninterrupted coverage for the duration of the Contract. There shall be no termination, cancellation, material change, potential exhaustion of aggregate limits, or non-renewal of coverage without thirty (30) days written notice from Successful Proposer to the City. If the insurance is canceled or terminated prior to completion of the Contract, Successful Proposer shall immediately notify the City and provide a new policy with the same terms. Any failure to comply with this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract.

Certificate(s) of Insurance: Successful Proposer shall provide proof of insurance through acceptable certificate(s) of insurance and additional insured endorsement forms(s) to the City prior to the award of the Contract if required by the procurement documents (e.g., request for proposal), or at execution of Contract and prior to any commencement of work or delivery of goods or services under the Contract. The Certificate(s) will specify all of the parties who are endorsed on the policy as Additional Insureds (or Loss Payees). The insurance coverage required under this Contract shall be obtained from insurance companies acceptable to the City of Portland. The Successful Proposer

City of Portland RFP#00004642; Project#132290 Page 11 of 34 shall pay for all deductibles and premium. The City reserves the right to require, at any time, complete, certified copies of required insurance policies, including endorsements evidencing the coverage required.

SECTION C PROJECT PROVISIONS

1. SAMPLE CONTRACT

The City’s standard Design Services contract will be used as a result of this selection process. A sample Design Services contract is attached to this RFP as Exhibit B.

2. ATTACHMENTS

Exhibit A Proposer’s Subconsultant Contracting Utilization Declaration of Understanding Exhibit B Sample Design Services Contract Exhibit C Sample Work Assignment Exhibit D BuySpeed Online Submittal Instructions Exhibit E Reference Form

PART II PROPOSAL PREPARATION AND SUBMITTAL

SECTION A PRE-SUBMITTAL CLARIFICATION

1. PRE-SUBMITTAL MEETING

No pre-submittal meeting is scheduled for this solicitation.

2. QBS-RFP CLARIFICATION

Questions and requests for clarification regarding this Request for Proposal must be directed in writing, via email or fax, to the person listed below. The deadline for submitting such questions/clarifications is seven (7) days prior to the proposal due date. An addendum will be issued no later than 72 hours prior to the proposal due date to all recorded holders of the QBS-RFP if a substantive clarification is in order.

Jin Huang E-mail: jin.huang@portlandoregon.gov Phone: 503-823-8235

SECTION B PROPOSAL SUBMISSION

1. PROPOSALS DUE

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 returned to the Proposer unopened. The City shall not be responsible for the proper identification and handling of any proposals submitted incorrectly.

2. PROPOSAL

Proposals must be clear, succinct and not exceed 20 pages. Pages shall be formatted to 8.5” x 11” or 11” x 17” with the latter counting as two pages. Page orientation (portrait versus landscape) is at the discretion of the Proposer. All fonts shall be at least 11 point. Incidental text appearing in graphics and labels for charts are not subject to this requirement.

Section dividers, title page, table of contents, cover letter, and the Proposer’s Subconsultant Contracting Utilization Declaration of Understanding do not count in the overall page count of the proposal. Proposers who submit more than the pages indicated will not have the additional pages of the proposal read or considered. Resumes and supporting documents are excluded from this page limit.

City of Portland RFP#00004642; Project#132290 Page 12 of 34 mailto:jin.huang@portlandoregon.gov

All submittals will be evaluated on the completeness and quality of the content. Only those Proposers providing complete information as required will be considered for evaluation. The ability to follow these instructions demonstrates attention to detail.

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 and responses in PDF format through the City’s Online Procurement Center (BuySpeed) at:

https://procure.portlandoregon.gov/

Please see attached BuySpeed submittal instructions (RFP Exhibit D). Online Submittal instructions are also available at:

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

Disclaimer: The following instructions are provided as a guideline to Proposers submitting proposals online through BuySpeed. 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 attached and properly submitted through the City’s Online Procurement Center before the time and date specified on the cover page of this RFP. Proposers are advised to allow extra time prior to the closing date and time to create a “Quote” and upload their proposal documents into BuySpeed. The City is not responsible for any failure attributable to the transmission or receipt of electronic proposals including, but not limited to the following:

a. Receipt of corrupt, garbled or incomplete documents.

b. Availability or condition of the receiving machine.

c. Incompatibility between the sending and receiving machine.

d. Delay in transmission or receipt of documents.

e. Failure of the Proposer to properly identify the Proposal Documents.

f. Illegibility of Proposal Documents.

g. Security and confidentiality of data.

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.

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 jin.huang@portlandoregon.gov. Requests for scheduling 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 is still the responsibility of the Proposer even if assistance is provided.

Confidential Information: additional “redacted copy” of proposal required If the Proposer requests redactions to their proposal in accordance with the language below, the Proposer shall also submit one (1) additional “non-confidential” copy of the proposal in unprotected MS Word format with the requested redactions. If no redactions are requested in a proposal, please state that clearly in the Cover Letter.

City of Portland RFP#00004642; Project#132290 Page 13 of 34 https://procure.portlandoregon.gov/ https://www.portland.gov/businessopportunities/documents/buyspeed-electronic-submittal-instructions mailto:jin.huang@portlandoregon.gov

REDACTION FOR PUBLIC RECORDS: Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of ORS 192.345(2), ORS 192.355(4) and/or ORS 646.461 et seq. Proposers are required to submit a redacted copy of their proposal and all attachments.