Project # 133198

RFP # 00002657

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RFP NUMBER

00002657 GOODS &

SERVICES

February 3, 2026

REQUEST FOR PROPOSALS (RFP)

for

ECONOMIC & REAL ESTATE

ANALYLSIS ON CALL SERVICES

Project Information Packet Section 1: Opportunity Overview

Section 2: How Your Proposal Will Be Evaluated

Section 3: Scope of Work

Section 4: Sample Contract

Section 5: RFP Terms and Conditions

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RFP at a Glance Proposals Due

February 26, 2026, by: 4:00, p.m. Pacific Time

Summary

Over the next three years, the City of Portland Bureau of Planning and Sustainability (BPS) will require economic and real estate analysis assistance on an "as-needed" basis for a range of diverse planning projects. The Contractor shall provide in-depth research and analysis to support legislative work which serves to further goals of Portland's 2035 Comprehensive Plan. Each project will be identified along with the districts and/or sub-districts involved.

Optional Pre-Proposal Meeting Optional Pre-Proposal Meeting on Thursday, February 12, 2026, from:

9:30am-10:30am The meeting will be held via Microsoft Teams.

Please RSVP to Cynthia Phillips, Sr. Procurement Specialist, at cindy.phillips@portlandoregon.gov; for the meeting.

Submit Your Proposal City of Portland Online Procurement Center: Submit your proposal through the City’s Online Procurement Center (BuySpeed) at: https://procure.portlandoregon.gov/

The entire proposal must be submitted before the due date. Allow extra time to upload proposal documents.

Refer to Section 7 – “Submission Instructions”, for additional instructions.

Have Questions or Need Help? Single Point of Contact

Send questions, requests for clarification, or requests for assistance by February 19, 2026. Any questions received after February 19, 2026, may not be answered. Only the Single Point of Contact can answer questions about this

RFP.

Cynthia Phillips Sr. Procurement Specialist Procurement Services

(503) 823-8299 Cindy.phillips@portlandoregon.gov;

mailto:cindy.phillips@portlandoregon.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_Njk0YjFjODgtMmI3MS00OGJlLTk5NTEtNjg4NjA1MTNmZDc5%40thread.v2/0?context=%7b%22Tid%22%3a%22636d7808-73c9-41a7-97aa-8c4733642141%22%2c%22Oid%22%3a%225f200b7b-f0a7-43b3-9a86-977dac6c3d60%22%7d https://procure.portlandoregon.gov/ mailto:Cindy.phillips@portlandoregon.gov Cindy Phillips Highlight

Cindy Phillips Highlight

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Section 1: Opportunity Overview

1.1 Background

Over the next three years, the City of Portland Bureau of Planning and Sustainability (BPS) will require economic and real estate analysis assistance on an "as-needed" basis for a diverse range of planning projects. The Contractor shall provide in-depth research and analysis to support legislative work which serves to further goals of Portland's 2035 Comprehensive Plan. Each project will be identified along with the districts and/or sub-districts involved.

1.2 Business Challenge

Across the City, bureaus are faced with economic questions that may exceed the expertise and capacity of available staff. Contractors will often need to produce deliverables with short deadlines and scopes that may need to be developed quickly.

See “Functional and Technical Requirements in the Scope of Work”, for a complete list of the City’s technical and required services, and deliverables.

1.3 Outcome Goals

The successful Proposer(s) will provide economic, demographic, and socio-economic, real estate trend analysis, or market analysis services on an on-call basis.

1.4 Contract Details

The City plans to award three (3) Contracts, for a duration of three (3) years, with the option to extend for an additional two (2) years for a total Contract Term of five (5) years.

1.5 Estimated RFP Timeline

The timeline below is an estimate for the RFP and Contracting process.

Event Date Pre-Proposal Meeting February 12, 2026 Deadline for RFP Questions February 19, 2026 Written proposals due at 4:00 p.m. (for Phase 1) February 26, 2026 Short list posted and Phase 2 instructions shared [if applicable] March 12, 2026 Notice of Intent to Award Posted March 17, 2026

The city will adjust the schedule as necessary.

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1.6 Grant Funding

As an on-call consultant the vendor may be asked to work on grant-funded projects.

Funding sources and grant stipulations will be described in the task orders and scopes for specific projects.

1.7 Optional Pre-Proposal Meeting

This meeting is optional. You can submit a proposal without attending this meeting. The meeting will be held via Microsoft Teams, on Thursday, February 12, 2026, from 9:30am-10:30am (Pacific Time)

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/27333731626413?p=ycJgC0SUuLca9WpvKF

Meeting ID: 273 337 316 264 13

Passcode: k8pD7Ga6

If you have any issues with the link, contact Cynthia Phillips, Sr. Procurement Specialist at 503-823-8299 or cindy.phillips@portlandoregon.gov;

The City of Portland will make reasonable accommodation for people with disabilities. Please notify the Official RFP Contact at least two (2) Business Days prior to the event, by the City’s TTY at 503-823-6868, or by the Oregon Relay Service at 1-800-735-2900.

1.8 Addenda

The City will share more information about this RFP if something is missing or unclear. The City will share this information as an addendum (or addenda, if more than one). The City will post addenda on the City’s Procurement Website BuySpeed.

Addenda issued seventy-two (72) hours or more before the due date are binding. The seventy-two (72) hour window excludes Saturdays, Sundays, and City-observed holidays.

You are responsible for complying with the addenda, even if you do not see it.

Section 2: How Your Proposal Will Be Evaluated

2.1 Proposal Review and Selection

Evaluation Overview The City will appoint an Evaluation Committee (Committee) to evaluate the proposals received.

To score proposals, the Committee will evaluate each proposal using the criteria below. The Committee may seek outside expertise. The Committee will require at least ten (10) Business Days to evaluate and score the proposals.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Njk0YjFjODgtMmI3MS00OGJlLTk5NTEtNjg4NjA1MTNmZDc5%40thread.v2/0?context=%7b%22Tid%22%3a%22636d7808-73c9-41a7-97aa-8c4733642141%22%2c%22Oid%22%3a%225f200b7b-f0a7-43b3-9a86-977dac6c3d60%22%7d mailto:cindy.phillips@portlandoregon.gov https://procure.portlandoregon.gov/bso/ https://www.portland.gov/policies/human-resources-administrative-rules/leaves/hrar-602-holidays

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The City will decide how or when to proceed through the evaluation process. The City will also decide if additional clarifications are needed, when to begin or end negotiations, reasonable timelines, and whether to open negotiations with a lower scoring proposer.

The City can also decide to cancel the solicitation or reject all proposals.

Evaluation Process Each proposal is evaluated using these criteria:

Responsiveness, Responsibility, and Mandatory Criteria The City will determine if you are a Responsible Proposer who has submitted a Responsive Proposal (ORS 279B.005). Refer to Portland Public Contracting Rules for details.

Evaluation Phase 1–Written Scoring

Proposals that meet responsiveness, responsibility, and mandatory requirements will be evaluated in Evaluation Phase 1. The Committee will conduct a detailed review of the written proposals:

Phase 1 Evaluation Criteria Percent of total points

Percent of points for sub-criteria

Proposer Capabilities 30 - Project Team 15 - Project Approach 20 - References 10 Pricing 5 - Corporate Responsibility -

Equal Employment Opportunity and Access in Subcontracting Equal Opportunity Employer and Community Involvement Sustainable Business Practices

Total 100% -

Short Listing At the end of any evaluation phase, the Evaluation Committee may focus on only a limited number of proposals by developing a “short list” based on the scores. The number of proposals on the short list depends on the number of proposals the Committee believes have a reasonable chance of leading to a contract award. If you are eliminated from further consideration, you will be notified by a Notice of Shortlisting posted on the City’s Procurement Website.

https://www.portland.gov/policies/public-contracting-rules https://procure.portlandoregon.gov/bso/ https://procure.portlandoregon.gov/bso/ Cindy Phillips Cross-Out

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Subsequent Evaluation Phases The City will proceed with subsequent evaluation phases as needed. These phases may include oral interviews, demonstrations, presentations, site visits, clarification of the proposals, or other activities.

If you are invited to participate in subsequent evaluation phases, the City will share additional information and instructions in a reasonable amount of time before any further evaluation is held.

Evaluation Phase 2 – Interviews, Demonstrations, or Presentations The scoring of Phase 2 generally will be as follows. Further detail on specific criteria, weighing, and point breakdown will be part of the information and instructions provided by the City at the end of Phase 1.

Phase 2 Evaluation Criteria

Evaluation Criteria % Allocation

Content of Phase 2 Evaluation To be determined 100

Additional Optional Evaluation Phases and Methods In addition to the evaluation phases above, the City can use other methods like best and final offers, serial negotiations, and competitive simultaneous negotiations.

Proposers eliminated at any stage of the evaluation process will be notified via posting to Procurement website.

Total Overall Score At the end of each evaluation phase, the points from that phase will be added to your cumulative score to determine your Total Overall Score. The proposer(s) with the highest Total Overall Score may be identified as the finalist(s).

The selection of the finalist(s) may also be based on negotiated costs and agreeing to the City’s terms and conditions within the City’s Sample Contract.

Negotiations will follow with the finalist. If successful, negotiations may result in a final award and Contract for the work. If the Contract with the finalist cannot be reached within a time that is reasonable to the City, the City may elevate the proposer with the next highest Total Overall Score to be the finalist.

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2.2 Award Review and Protest

Review The City will post a Notice of Intent to Negotiate and Award on the City's Procurement Website.

The Notice will identify the proposer(s) to which the City intends to award a contract.

Following the Notice of Intent to Negotiate and Award, the public may view proposal documents, in accordance with the Oregon Public Records Act.

If you were not awarded the Contract, you can ask for clarification or debriefing, request time to review the selection procedures, or discuss the scoring methods used by the Evaluation Committee.

Protests Proposers can challenge the City’s decision to exclude the proposer from the next step in the evaluation process, and to award a contract. If you wish to protest your elimination, you must submit a protest within seven (7) Calendar Days of the City’s posting of the Notice of Short List or Notice of Intent to Award.

Proposers can read Portland Public Contracting Rules regarding protest procedures, all of which may be found online: https://www.portland.gov/policies/public-contracting-rules.

Proposers may also learn more about protests by reviewing ORS 279B.405 and ORS 279B.410.

Protesters may not use judicial appeal rights unless all protest and appeal rights are exhausted.

https://procure.portlandoregon.gov/bso/ https://www.portland.gov/policies/public-contracting-rules

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Section 3: Scope of Work Scope of Work – Functional and Technical Requirements The contractor shall be expected to work closely with designated City of Portland bureau personnel to accomplish the goals and perform the tasks as listed below:

A. General economic, demographic, and socio-economic, real estate trend analysis, or market analysis.

B. Analysis of land use and development feasibility, or feasibility studies of specific building forms or prototypes.

C. Analysis of private market impacts of a range of public investments and regulatory changes.

D. Analysis of regulatory improvements and general business environment trends to advance economic development goals.

E. Commercial / Neighborhood economic activity. Collection and analysis of local commercial district economic metrics. This could include, in partnership with Prosper Portland, analysis of economic development assets and opportunities at a local level, discussion of shifts in development patterns in mixed and examination of gentrification issues related to business displacement.

F. Industrial districts. Development and analysis of strategies to increase productivity of industrial land and reduce development constraints.

G. Central City. Analysis of real estate economics and development feasibility to support goals in the Central City 2035 Plan.

H. Code-related analysis. Review of draft code changes and the impact on the real estate development feasibility.

I. Real estate and financial feasibility analysis of transportation corridor improvements, such as Light Rail or Streetcar expansion plans.

J. Real estate and financial feasibility analysis of attached and detached single family development types consistent with current and future residential development standards.

K. Cost/benefit examination of infrastructure or public policy choices.

L. Fiscal impact analysis. This includes analysis of economic impact of development regulations and other policies.

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M. Participation at public meetings ranging from citizen advisory groups and neighborhood and business associations to legislative proceedings before Portland City Council and potentially other government agencies.

N. Communications skills for presenting information to the public and engaging in discussions.

The range of work could include any of the following project types and scales:

i. Individual or multi-block sites

ii. Station areas

iii. Retail districts

iv. Mixed use development

v. Single family development

vi. Industrial Districts

vii. Institutional Campuses

viii. Centers and corridors (including primary arterials/ Main Streets)

ix. District or sub-district level planning and urban design concepts

x. Citywide planning

DUTIES OF THE PROJECT MANAGER:

1. Project Manager will issue individual task orders for specific work; outline a meeting cadence for check-ins with the vendor, outlining tasks and deadlines in collaboration with the vendor; Most projects will have an initial kick-off meeting, an appropriate check-in meeting as work progresses (minimum of one), and a final wrap up meeting.

2. As an on-call consultant the vendor will be required to respond to task orders/scope inquiries from BPS. Each individual task order will include specific requirements for data and information sharing.

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Section 4: Sample Contract

Attached separately in BuySpeed.

Section 5 - Terms and Conditions

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

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

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. 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.

Proposers bear complete and total responsibility for ensuring their proposal is properly submitted and received on time.

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

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

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

https://www.portland.gov/policies/administrative/purchasing/adm-109-sustainable-procurement- policy

Terms and Conditions v1.1 http://www.portland.gov/policies/administrative/purchasing/adm-109-sustainable-procurement-http://www.portland.gov/policies/administrative/purchasing/adm-109-sustainable-procurement-

Terms and Conditions v1.1

As applicable to City procurement, these policies guide the City to buy products and services that reduce the City’s negative environmental and social impacts. While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use; reducing air, water, and land pollution; building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health; utilizing resources efficiently, including the use of renewable, reusable and recycled materials; utilizing small local businesses, including those owned by people of color and women; preserving or enhancing biodiversity; and maintaining fiscal health in the short and long term. As such, the City seeks to do business with firms that will actively contribute to the City’s sustainability objectives.

Withdrawal, Modification or Alteration Of Proposal Prior to the RFP due date and time, a proposer may submit revised versions of its proposal.

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

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

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

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

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

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

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

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

If the City refuses to release the records, the proposer agrees to provide information sufficient to sustain its position to the District Attorney of Multnomah County, who currently considers such appeals. If the District Attorney orders that the records be disclosed, the City will notify the proposer in order for the proposer to take appropriate legal action. The proposer further agrees to hold harmless, defend, and indemnify the City for all costs, expenses, and attorney fees that may be imposed on the City as a result of appealing any decision regarding the proposer’s records.

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

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

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

Subcontractors Proposers will provide equal opportunity and access in subcontracting for all businesses, including minority- and women-owned businesses. The City will enforce all subcontractor commitments submitted by the successful proposer. The successful proposer will not be permitted at any time to substitute or delete any subcontractor without the prior written approval of the Chief Procurement Officer.

The City is required to track certain types of contract data for reporting purposes. Upon request by the City, the successful Proposer must timely provide contractor and subcontractor demographic data and subcontractor utilization that includes COBID Certified Firms data. Additionally, the successful Proposer will timely provide subcontractor and supplier payment information upon City’s request.

Protests The exercise of judgment used by the Committee in scoring the written proposals and any subsequent evaluation phase, including the use of outside expertise, is not grounds for appeal.

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

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

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

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

RFP.

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

City of Portland Business License Tax Account # Prior to execution of a Contract, Contractor shall provide City of Portland business license tax account number, or shall provide proof of exemption from said registration requirements, as issued by the City of Portland Bureau of Revenue. Failure to do so within twenty (20) Calendar Days after posting of the Notice of Intent to Award may result in withdrawal of any resulting contract award. Details of compliance requirements are available from the Revenue Bureau License and Tax Division,(503) 823-5157, email: biztaxhelp@portlandoregon.gov website:

https://www.portland.gov/revenue/business-tax

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

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

Governing Law The provisions of any contract shall be construed in accordance with the provisions of the laws of the State of Oregon without reference to its conflict of law provisions. Any action or suits involving any question arising under the resulting Contract must be brought in the appropriate court in Multnomah County Oregon. All statutory, charter and ordinance provisions that are applicable to public contracts in the City of Portland and the State of Oregon shall be followed with respect to this Contract. In connection with its activities under this Contract, Contractor shall comply with all applicable federal, state and local laws and regulations including the City's Equal Benefits Ordinance and its administrative rules, all of which are incorporated by this reference. These requirements are available on the City of Portland’s Procurement Services website:

https://www.portland.gov/business-opportunities/resources/vendor-handbook#toc-certified-for-success

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

Americans With Disabilities Act Compliance Proposers agree that if awarded a contract, the successful Contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq.

If any proposer requires special assistance or auxiliary aids during the proposal, evaluation or award process, please notify the Procurement Services, (503) 823-6855, or TDD (503) 823- 6868, at least two (2) Business Days prior to the required assistance.

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

In the event the Contractor hires subcontractors to perform any of the Contractor’s duties under the Contract, the Contractor shall require the subcontractor to irrevocably assign to the City of Portland, as a third party beneficiary any right, title or interest that has accrued or may accrue to the subcontractor by reasons of any violation of 15 USC § 15, ORS 646.725 or ORS 646.730, including, at the City’s option, the rights to control of any litigation arising thereunder, https://www.portland.gov/business-opportunities/resources/vendor-handbook#toc-certified-for-success https://www.portland.gov/business-opportunities/resources/vendor-handbook#toc-certified-for-success in connection with any goods or services provided to the subcontractor by any person, in whole or in part, for the purpose of carrying out the subcontractor’s obligations as agreed to by the Contractor in pursuance of the completion of the Contract.

In connection with this assignment, it is an express obligation of the contractor that it will take no action, which will in any way diminish the value of the rights conveyed or assigned hereunder to the City of Portland. It is an express obligation of the Contractor to advise the City Auditor or the Office of the City Attorney of Portland, Oregon:

1. In advance, of its intention to commence any action on its own behalf regarding such claims for relief or causes of action;

2. Immediately, upon becoming aware of the fact that an action has been commenced on its own behalf by some other person or persons, of the pendency of such action; and

3. The date on which it notified the obligor(s) of any such claims for relief or causes of action of the fact of its assignment to the City of Portland.

Furthermore, proposer understands and agrees that in the event any payment under such claim is made to the Contractor, it shall promptly pay over to the city of Portland its proportionate share thereof, if any, assigned to the State hereunder.