RFP S-C26014-00008953 On Call Real Estate Consulting Services.pdf

MULTNOMAH COUNTY DRAINAGE DISTRICT #1

1880 NE ELROD DRIVE

PORTLAND, OR 97211

Request for Proposals (“RFP”)

ON-CALL REAL ESTATE RESEARCH, CONSULTING & RELATED SERVICES

RFP No. S-C26014-00008953

Posted: January 16, 2024

PENINSULA DRAINAGE DISTRICT #1

PENINSULA DRAINAGE DISTRICT #2

MULTNOMAH COUNTY DRAINAGE DISTRICT #1

SANDY DRAINAGE IMPROVEMENT COMPANY

URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT

COLUMBIA CORRIDOR DRAINAGE DISTRICTS JOINT CONTRACTING AUTHORITY

Proposals Due: February 21, 2024, 1:00 PM Late proposals will not be accepted or considered.

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

Direct Questions to:

Procurement Contact: Nicole Handley Email: nhandley@mcdd.org

Pre-Qualification:

Required Not Required

An optional online pre-proposal conference will be held for this solicitation on January 22, 2024

@ 2:00 PM.

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 267 871 169 88 Passcode: ncgAAS Download Teams | Join on the web Learn More | Meeting options

RFP S-C26014-00008953

On-Call Real Estate Consulting Services mailto:nhandley@mcdd.org mailto:nhandley@mcdd.org https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTM0MjQ0ZDQtYmU1MC00MWM3LWJhMGQtNDg0YjI1NWY1OTJh%40thread.v2/0?context=%7b%22Tid%22%3a%22ef7581a6-63af-45a5-9efe-c372653b137f%22%2c%22Oid%22%3a%227d69c911-fb99-4cd0-ace7-b4524a13485b%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=7d69c911-fb99-4cd0-ace7-b4524a13485b&tenantId=ef7581a6-63af-45a5-9efe-c372653b137f&threadId=19_meeting_MTM0MjQ0ZDQtYmU1MC00MWM3LWJhMGQtNDg0YjI1NWY1OTJh@thread.v2&messageId=0&language=en-US

RFP Availability:

This RFP is available electronically through the OregonBuys website at https://oregonbuys.gov/bso. Interested parties must be registered with OregonBuys to obtain and download documents. Registration is at no cost. Future notices regarding this solicitation, including solicitation addenda, will be posted to OregonBuys. See the State Procurement OregonBuys website at https://oregonbuys.gov/bso for additional information regarding use of the OregonBuys system.

Proposal Documents:

REAL ESTATE ON-CALL SERVICES RFP

Attachment A: Form of Proposed Contract

Attachment B: Proposer Information Form/Certifications

Attachment C: Proposer Residency Information

Attachment D: Certification Statement for Corporation or Independent Contractor

Attachment E: Insurance Requirements

Attachment F: Workers’ Compensation Exemption Certificate

Attachment G: Affidavit of Non-Collusion

Attachment H: References

Attachment I: Maps – Summary of the Portland Metro Levee Study (PMLS) Recommended Plan

1. Introduction

Multnomah County Drainage District No. 1 seeks written proposals from qualified vendors able to provide on-call real estate research, consulting, and related services to Multnomah County Drainage District (“MCDD”), Peninsula Drainage District #1 (“PEN 1”), Peninsula Drainage District #2 (“PEN 2”), Sandy Drainage Improvement Company (“SDIC”), Columbia Corridor Drainage Districts Joint Contracting Authority (“JCA”), and the Urban Flood Safety and Water Quality District (“UFSWQD”), referred to collectively as “the Districts” or “Districts.”

The Districts are seeking proposals from qualified professionals with proven Real Estate Related Services experience, including land and right of way acquisition, relocation assistance, public outreach, and project management support. The intent is to establish ongoing relationships with qualified contractors to provide these services on an “on-call” or “as-needed” basis for a period of up to five (5) years.

RFP S-C26014-00008953

On-Call Real Estate Consulting Services https://oregonbuys.gov/bso https://oregonbuys.gov/bso

Where necessary and possible, proposers are encouraged to form teams to provide the full suite of services requested in this RFP. Proposals that include subcontractors or consultant teams are equally acceptable as those from a single firm. The Districts plan to award one contract for this work. The Districts are not guaranteeing any specific amount of work as a result of this RFP or award of Contract(s).

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

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

1.1 Background

OVERVIEW OF THE DRAINGE DISTRICTS AND MODERNIZATION EFFORTS

Four century-old special districts, collectively known as "the Drainage Districts," oversee the 27-mile levee system along the lower Columbia River and Columbia Slough. These districts—Peninsula Drainage District #1 (PEN 1), Peninsula Drainage District #2 (PEN 2), Multnomah County Drainage District #1 (MCDD), and Sandy Drainage Improvement Company (SDIC)—encompass nearly 13,000 acres of land, housing over 7,500 residents and supporting 59,000 jobs. Additionally, this area includes over 2,000 acres of parks and natural spaces, critical public infrastructure, including the Portland International Airport, the region’s backup drinking water supply, numerous electrical substations, and intersects with three major interstate highways.

Each drainage district operates independently as a governmental entity, with its governing board and the authority to levy assessments. Since 1997, MCDD, the largest district, has provided services to the other three through a contractual arrangement. The Drainage Districts jointly formed the Columbia Corridor Drainage Districts (CCDD) and the Joint Contracting Authority (JCA), supporting joint-benefit projects like Levee Ready Columbia (LRC), a regional partnership working towards modernizing flood safety infrastructure.

Presently, the districts are undergoing a governance shift, consolidating into the Urban Flood Safety and Water Quality District (UFSWQD), set to be operational by July 2024. This new governance includes representatives from LRC partner agencies, and the outreach arm of LRC now operates as Flood Safe Columbia. Projects under this arrangement will continue seamlessly under the UFSWQD.

As part of this modernization effort, the Drainage Districts partnered with the US Army Corps of Engineers (USACE) for the Metro Levee Study (PMLS). Initial assessments highlighted the necessity to elevate susceptible segments of the flood protection system along the Columbia River and upgrade aging infrastructure. These measures aim to mitigate the risk of system failure, vulnerabilities, and potential overtopping during flood events, consequently minimizing potential economic and life safety losses.

Notably, national flood risk management policies, critical infrastructure, and land use have significantly evolved since the system's inception, prompting the need for these updates.

Comprehensive planning has been initiated to restore and enhance the flood protection system over the next five decades. This planning effort identified lands, easements, rights-of-way, relocations, and disposal areas (LERRDs) crucial for supporting the PMLS project. The proposed scope covers the

RFP S-C26014-00008953

On-Call Real Estate Consulting Services construction, operation, maintenance, repair, replacement, and rehabilitation of the flood protection system, addressing 30% of the levee system and 50% of its associated pump stations.

While the Drainage Districts retain some existing real estate rights within the PMLS project area, additional land is required, necessitating the refinement of existing rights. This includes the establishment of permanent easements and temporary access for construction and staging. The project will impact a mix of private and publicly owned properties, requiring numerous facility and utility relocations. The construction will be executed in phases, with the initial phase ready for construction as early as the Summer of 2025. To meet this timeline, real estate efforts must begin well in advance of construction.

Initial estimates for LERRDs total approximately $40.5 million, with land costs comprising up to $15 million. District staff has conducted a comprehensive real estate needs gap analysis and possesses a detailed map of impacted properties earmarked for acquisition. The USACE has also completed a preliminary real estate plan, outlining an acquisition schedule with critical milestones essential for aligning with the project schedule.

TOP PRIORITIES & ANTICIPATED TIMELINES

Securing federal investment in the levee system. In 2018, the Districts were awarded a US Army Corps of Engineers flood management feasibility study, which is the primary pathway available to fund levee improvements through the federal government. The study produced a “Recommended Plan” to improve the system and increase its resiliency for the next generation and beyond. The final plan is estimated to cost approximately $160 million, of which the federal government will pay 65% if the project is authorized and funded. The Districts began the design phase with the Corps in September 2023 and obtained Congressional authorization of the project through the 2022 Water Resources Development Act

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(WRDA). Steady progress in the design phase will keep the project competitive for future Congressional construction appropriations.

• Pump station work o 30% January 2024 o 60% June 2024 o 90% August 2024 o Final plans/specs

Package 1 – May 2025 Package 2 – August 2025 o Construction (dependent on Congressional Appropriations, currently not secured) Package 1 – September 2025 Package 2 – January 2026

• Levees and floodwall work o 30% February 2024 o 60% August 2024 o 90% January 2025

Package 1 – May 2025 Package 2 – August 2025 o Construction (dependent on Congressional Appropriations, currently not secured, may be broken into more packages than 2) Package 1 – July 2026 Package 2 – February 2027

1.2 Contract Term & Structure

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

The Districts, at their sole discretion, may choose to award a contract to the highest ranked proposer as deemed necessary and appropriate to complete the body of work described in this RFP and anticipated over the next five years. If contract negotiations are unsuccessful with the highest ranked firm, MCDD reserves the right to enter into negotiations with the next highest ranked Proposer. Those decisions will be contingent upon responses to this RFP and any interviews held by the Districts.

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

Actual work performed pursuant to the contract will be in an on-call, task order basis, and will be requested by the Districts in written task orders (“Task Order” or “Task Orders”). Each Task Order will contain a detailed statement of work, budget, and schedule. Contractor will itemize the services it provides to each District separately in its invoices. Any amendments to contracts must be in writing and signed by both parties.

1.3 Estimated Contract Not-to-Exceed amounts

The contract resulting from this RFP is anticipated to be awarded in a Not-to-Exceed amount totaling $2,000,000.00, broken out by District as follows:

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MCDD $160,000.00

PEN 1 $400,000.00

PEN 2 $1,300,000.00

SDIC $140,000.00

The contract’s Not-to-Exceed amounts will be determined based on District, Services, and Contractor and is subject to change.

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

RFP POSTING January 16, 2024, 1:00 PM

Optional Project Pre-Bid MS Teams Virtual Meeting January 22, 2024, 2:00 PM - 2:45 P.M

Written Protest or Request for Clarification/Changes/Substitutions and/or Bidding Requirements Due Date

January 29, 2024 4:00 p.m.

Last Day to Issue Addenda February 13, 2024, 3:00 P.M.

Proposal Due Date and Time February 21, 2024, 1:00 P.M.

Evaluation February 22-26, 2024

Notice of Intent to Award the Contract February 26, 2024

Anticipated Board Approval February 27, 2024

Deadline for Filing Protest of Award March 4, 2024

Contract Negotiation Phase February 29, 2024

Anticipated Project Start Date March 15, 2024

TIMELINE FOR INTERVIEW OPTIONS

Interviews (if required by District) March 13-15, 2024

Notice of Intent to Award (if interviews held) March 18, 2024

Board Approval of Award March 19, 2024

Deadline for Filing Protest of Award March 26, 2024, 4 p.m.

Contract Negotiations (pending District Board approval) March 19-April 2, 2024

Anticipated Contract Kickoff April 3, 2024

The District reserves the right to deviate from this schedule.

1.5 RFP Clarifications and Protests; Addenda

a) Informal Questions of Requests for Clarification

Any proposer requiring clarification of the information provided in this RFP may submit specific questions or comments in writing to the Procurement Contact shown on page 1 of this document.

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Email is the preferred form of written communication. The deadline for submitting such questions is set forth in Section 1.4.

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

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

Nicole Handley

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

c) Content of Solicitation Protest/Request for Clarification

The proposer’s written request for clarification or protest of the RFP must include all of the following and otherwise comply with OAR 137-048-0240(1):

(i) Sufficient information to identify the solicitation that is the subject of the protest or request;

(ii) The reasons for the protest or request, including any grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, or is legally flawed;

(iii) Evidence or supporting documentation that supports the grounds on which the protest is based; and

(iv) A statement of the desired changes to the procurement process or the solicitation document that the proposer believes will remedy the conditions upon which the proposer based its protest or request.

d) Addenda

If the District determines that a change or clarification to the solicitation documents is necessary, such information, clarification, or interpretation will be supplied in a written addendum, posted on OregonBuys.

Those who have registered their interest in the solicitation through OregonBuys will be notified of addenda via email by OregonBuys. Addenda will have the same binding effect as though contained in the RFP. The Procurement Official will issue all addenda. Unless otherwise specified within an addendum, District’s issuance of addenda will not extend the proposal due date and time. Minor clerical errors related to or within addenda issued by District, including clerical errors in an addendum’s numbering or title, do not remove the responsibility of the proposer to acknowledge all addenda. If there are any questions related to the contents of the addenda, or how to interpret them, it is the responsibility of the proposer to elevate those concerns for the District’s consideration.

Statements made by the District’s representatives are not binding on the District unless confirmed by a written addendum.

mailto:nhandley@mcdd.org

e) Extension of Closing

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

2. Scope of Work

The Districts are seeking proposals from firms, teams or consultants, hereafter called “Proposer(s),” with demonstrated experience in land acquisition to perform work on an as-needed basis. Proposers should have knowledge of land use and zoning codes, and other related local, state and federal regulations.

Experience with land acquisition pertaining to a variety of land uses (i.e., private, public, right-of-way, etc.) on behalf of government or other public agencies is preferred. Responding Proposers may submit individually and/or as part of larger teams. The Technical and Required Services is described in more detail below. Requested services may vary on a task-by-task basis and are not limited to the examples provided below.

Technical and Required Services

All proposals must be made on the basis of, and either meet or exceed, the requirements contained herein.

Proposers shall perform any combination of the tasks below and work could include but is not limited to:

A. General Requirements and Qualifications

• Professional Licenses, Registrations, and Qualifications

i. All Appraisers must be licensed with the Oregon Appraiser Certification and

Licensure Board.

ii. Proposers engaging in professional real estate activities must possess an active real estate broker's license issue by the Oregon Real Estate Agency.

iii. Proposers and its subconsultants must be duly licensed where required by law to perform the Services, and must be under the "responsible charge" (as that term is defined under ORS Chapter 672) of a person so licensed, as required by the applicable Oregon Revised Statutes and Oregon Administrative Rules, and other applicable laws (or must be otherwise exempt from any licensing requirements applicable to the Services being performed).

iv. The Districts may require Proposer’s Personnel to demonstrate a competency in the particular area/discipline to which they are assigned. This may include, but is not limited to, submittal of license number, resume, and work samples from previously completed projects.

• Project Management Services

i. Proposers shall assign one Project Manager or Senior Real Property Agent to provide consultation and management services. They will act as the Districts’ primary contact and will be entirely responsible for the consultant’s timely and cost-effective work. They will be responsible for staffing the work and the review of reports for accuracy and completeness prior to submission to the Districts. They shall have the final responsibility for quality control.

ii. Proposers will file and manage a database for acquisitions and relocations.

iii. Proposers will coordinate with District staff and other Consultants.

iv. Proposers will provide written reports on project status to the Districts and attend regularly occurring meetings.

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v. Proposers will conduct routine meetings with District staff to provide updates on negotiations, acquisitions, and project-related matters.

• Community Engagement & Public Outreach

i. Proposers will promote and explain the objectives of the Portland Metro Levee

Study (PMLS) Acquisition Program and/or Urban Flood Safety and Water Quality District willing seller/participant program to prospective sellers identified by the Districts. The Districts have already had several years of preliminary outreach and engagement with landowners and local jurisdictions.

Some anticipated engagement needs may include:

a. Support coordinating and negotiating easements needed for operations, completion of specific capital projects, and/or PMLS projects.

b. Recommend and develop an acquisition plan for impacted landowners within the PMLS project boundaries. A list of impacted property owners has already been developed by the District.

c. Generate mailings to prospective landowners within target areas.

Assist the Districts in responding to requests for information from prospective sellers/land owners regarding the program/projects objectives, acquisition protocol and terms of various land acquisition agreements.

d. Assist District staff in advising and presenting strategies to Board members.

e. Coordinate with local community organizations to implement effective communication strategies for the project.

B. Real Property Appraisal Services: Appraisal services necessary for the acquisition of lands, easements, rights-of-ways, relocations, and disposals (LEERD) identified through the Districts Capital Improvement Program (CIP) and/or the Portland Metro Levee Study (PMLS). The primary need for appraisals is related to land acquisition through negotiation or eminent domain; however, appraisals for other purposes may also be conducted under the resulting contracts. The successful firm(s) shall provide all labor, supervision, tools, and materials required to perform the appraisal work. Services may include preliminary cost estimating, data gathering, appraisal, and appraisal review. Successful Proposers shall provide services including:

• Real Estate Appraisal Management and Operational Support E.g., On-demand management and operational support for real estate appraisals as requested by the Districts during the contract period.

• Title Review and Research Services E.g., Conducting thorough title reviews, including land use and market history, preliminary title commitments, exceptions, and researching property entitlements impacting real estate.

• Appraisal Property Entitlement Research and Documentation E.g., Researching and documenting property entitlements such as rezoning concepts, site plan approvals, zoning permits, and potential impacts on tenants or relocation efforts.

• Property Market Assessment and Acquisition Strategy Consultation E.g., Advising the Districts on properties available in target areas, their valuation, and suggesting acquisition strategies.

• Real Estate Appraisals Adhering to Regulatory Standards E.g., Providing real estate appraisals complying with ODOT Right of Way Manual, Oregon State Transportation Projects Guide, Federal Land Acquisition Standards, and other relevant state and federal regulations.

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• Compliance and Cooperation E.g., Adhering to US Department of Transportation/Federal Highway Administration guidelines, the Uniform Act, Uniform Standards of Professional Appraisal Practice (USPAP), and applicable federal and state laws during appraisals.

• Coordination with Review Appraisers E.g., Cooperating with other review appraisers contracted by the Districts, revising appraisals based on their recommendations.

• Report Generation and Documentation E.g., Generating administrative, appraisal, and review appraisal reports as required by law, including status documents, detailed appraisal reports, and records mandated by state and federal regulations.

• Negotiation Facilitation and Sales Agreement Preparation E.g., Facilitating negotiations, preparing sales agreements and option agreements using Districts' contracts/easements, and leading negotiations based on appraisal and title review.

• Timely Appraisal Completion for Credit Eligibility E.g., Ensuring appraisals are finalized within six months of a potential transaction for the Districts to receive cost-share credit from the USACE, with some critical properties requiring early appraisals

C. Real Property Acquisition, Relocation, and Support Services: Acquisition services necessary for the acquisition of lands, easements, rights-of-ways, relocations, and disposals (LEERD) identified through the Districts’ Capital Improvement Program (CIP) and/or Portland Metro Levee Study (PMLS). The successful firm(s) shall provide all labor, supervision, tools, and materials required to perform the acquisition work.

Successful Proposers will provide negotiation and acquisition services such as:

• Property Appraisals and Valuation

i. Scope the project, identify impacted properties, funding sources, and manage pre-acquisition activities.

ii. Conduct property appraisals, reviews, and related title assessments.

iii. Collaborate with appraisers, surveyors, and other contractors regarding acquisition specifics.

• Compensation Offers and Negotiation Management

i. Develop property compensation offers.

ii. Negotiate with property owners, corporations, and utility companies for fee, easements, and temporary easements, complying with statutory and regulatory requirements.

iii. Conduct negotiations based on established just compensation, adhering to Right of Way Manual and applicable State and Federal laws, including in-person offer presentations.

• Negotiation Strategy Development

i. Prepare effective negotiation strategies for presenting offers and advising on relocation services.

ii. Provide cost-saving recommendations to reduce negotiation and acquisition expenses.

iii. Advise and assist in developing overall communication strategies related to negotiations, acquisitions, and relocation support

• Title Issue Resolution

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i. Negotiate with lien or easement holders to resolve title defects or encumbrances.

ii. Review and obtain title reports to identify potential encumbrances on title

• Transactional Documentation

i. Prepare real estate documents for recording, conveyance, and settlements as needed.

• Condemnation Procedure Guidance

i. Administer condemnation procedures, excluding legal advice.

ii. Provide (if-needed) eminent domain support, including preparing exhibits for eminent domain proceedings.

iii. Provide expert witness testimony in court (if required).

• Relocation Plan Administration

i. Develop and manage relocation plans, calculate benefits, offer advisory services, and oversee relocation activities.

• Post-Acquisition Support

i. Oversee document recording, conduct post-closing audits, and manage property restoration if required.

ii. Prepare draft option agreements, settlement worksheets, Internal Revenue

Service (IRS) standard forms, and complete other related documentation.

• Other Essential Tasks

i. Perform additional tasks necessary for securing land rights, including cost estimating, title work, negotiation support, relocation assistance, condemnation support, and closings.

ii. Manage comprehensive project documents, negotiation records, and title documents.

iii. Testify regarding real property and right-of-way issues at public hearings and/or in a court of law.

3. Proposal Format, Content, and Submission

3.1 Proposal Format

District proposal standards:

a) Proposal includes a one-page cover letter as the first page of the proposal. The Cover letter should include the following:

• The party or parties submitting the proposal

• Company name, address, and contact information

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

• Includes a statement of validity for 90 days

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

• Letter is signed by an authorized party

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

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

d) Proposal may not exceed 20 pages in length. The page limit does not include cover or divider pages, reports sample plans, resumes, and Attachments above. Each 8.5” x 11” sheet will count as one page;

each 11” x 17” sheet will count as two pages. District reserves the right, in its sole discretion, to not review any part of the proposals longer than 20 pages.

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

3.2 Attachments: Proposer Certification and Representations

Each proposal will include completed Attachments B, C, D, G, and H, signed electronically. Acceptable forms of electronic signature include a scanned copy of a handwritten signature on each respective Attachment form or a signature made on each Attachment form using Adobe’s Fill and Sign Digital Signature.

3.3 Proposal Content

Proposals must provide all information requested and required under this RFP. Proposals that do not provide all such information may be rejected as non-responsive.

3.4 Proposal Responses to Evaluation Criteria

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

Written Proposal Evaluation Criteria Total Points 1 Approach to Work & Project Work Plan

• Provide a summary of the firm’s overall capabilities, history, recent and related experience as it is related to the above-referenced Section 2 – Scope of Work. The proposed relationships among all key personnel and support staff that are expected to provide services associated with the proposal should also be identified. Provide information on the firm’s most relevant and applicable experience.

• Provide information on the firm’s experience and approach to providing services for large-scale public infrastructure projects.

• Briefly describe your understanding of this contract and how the task orders will be assigned and handled. This includes the types of peer review, accuracy verification, and quality control/quality assurance that will be provided for the assigned District tasks.

• Submit a sequence of work describing individual tasks for an assignment to be performed and the relative scheduling of those tasks including all deliverable items.

2 Team Structure & Key Personnel Qualifications

• Proposers shall demonstrate how well their staff’s qualifications and experience relate to the types of projects and professional services requested. This section should describe:

- Key team members who will be assigned to this project.

Identify the people who will be involved, their roles, and their specific qualifications/experiences. Be precise about the division of responsibility.

- If you plan to use subcontractors, please include a list and provide as much of the same information requested for personnel as possible.

- Provide resumes of individuals (including sub-contractors) proposed for this contract (including professional certifications/licenses). Resumes may be included as an

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appendix if needed. (Appendices will not apply toward total page count)

3 Similar Projects & Work Samples

• Proposers shall demonstrate their experience by describing at least three (3) previous projects that illustrate their experience with the type of projects and professional services requested. If applicable, please cite one project that involved working with federal jurisdictions/agencies. For each project, include:

- A brief description of the project, planning process, strategies and tactics used, outcomes, work quality, and cost control.

- Identify staff, subcontractors, or other contractors that were involved and their roles and contributions.

- Provide at least one reference for each project including client name, title, role on the project, email address and/or phone number.

• Proposers shall provide a high-level description and documentation of experience with land acquisition assignments of residential and commercial properties, property and utility relocations, and assessing tenant impacts.

• Proposers are encouraged to provide a list or highlight a portfolio of projects that includes a mix of appraisal problems topics such as:

- Approaches to value

- Speculative uses

- Interim use / highest and best use

- Tenant impacts

- Total takes and relocations

- Court challenges /testimony

- Other complex appraisal issues

• Proposers are encouraged to provide a list or highlight a portfolio of projects that includes a mix of acquisition problems topics such as:

- Residential and commercial property acquisitions (partial and total takes)

- Acquisitions involving residential and commercial tenants

- Acquisitions involving businesses

- Residential and commercial property relocations

- Acquisition of impacted personal property

- Examples of complex acquisition situations

- Acquisitions involving condemnation proceedings

- Significant experience testifying as an expert witness in condemnation cases.

4 Fee Structure & Rates Proposers shall submit hourly rates for any general costs that may be applicable to complete the work described in Scope of Work, Section 2.

• Indicate position titles, qualifications, and hourly rates. If applicable, please provide any hourly rates or other costs for services you provide (e.g., any fixed fee rates, such as basic administrative reports, simple acquisition narratives, court testimony, etc.).

5 Commitment to Environmental Sustainability and Equity 10

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3.5 Proposal Submission

Proposals must be delivered to the electronic address set forth on page 1 of this RFP no later than the due date and time set forth in Section 1.4. Proposals not received by the due date and time will be considered late. The District will reject all late proposals.

Proposals must be submitted as email attachments. Proposers may submit proposals in the form of one file or as multiple files, provided that the files are clearly labeled to correspond to the file contents.

Proposals will be submitted with the following information in the proposal cover email:

a) RFP Title.

b) RFP number.

c) Proposer name.

d) Proposer address.

Proposers assume the risk of premature disclosure of any proposal submission due to submission in an unsecure form.

In the event of a failure of District’s system for electronic submission of proposals that interferes with the ability of proposers to submit electronic proposals, protest, or otherwise participate in this RFP, District may cancel this RFP or may extend the proposal due date and time.

3.6 Proposal Withdrawal

A proposal may be withdrawn in person with proper identification, or by issuing a written request on company letterhead, signed by an authorized representative, and received digitally by the District by the deadline to withdraw from the proposal process set forth in Section 1.4 above.

3.7 Confidential Information

The District is subject to the Oregon Public Records Law (ORS 192.311 to 192.478), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted under Oregon Public Records Law or other applicable law.

Pursuant to ORS 279C.107, the District need not open proposals for public inspection until after execution of the contract(s) awarded under this section. Thereafter, the District will not disclose records submitted by a proposer that are exempt from disclosure under the Oregon Public Records Law, subject to the following procedures and limitations:

The proposer must mark all proposal pages containing the records it deems as confidential under Oregon

Please describe your company’s:

• Efforts to reduce the environmental impact of your operations

• Any actions you’ve taken to advance racial justice within your company or community. How will you help us continue to work to meet our equity vision and goals through our communications and engagement work?

Total 100

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Public Records Law and must segregate those pages in the following manner:

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

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

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

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

(v) Proposers may not mark an entire proposal confidential. Should a proposal be submitted in this manner, the District will hold no portion of the proposal as confidential, unless such a portion is segregated as required under subsection (ii) above and is determined exempt from Oregon Public Records Law.

Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the Multnomah County District Attorney or a court of competent jurisdiction. Additionally, confidential information may be disclosed if the public interest requires disclosure.

Prior to disclosing items labeled as confidential, but after the District determines that the items do not qualify for an exemption from disclosure, the District will make reasonable attempts to notify the proposer of the pending disclosure.

3.8 Standard of Work

Under ORS 279B.060(2)(c), proposer must demonstrate that they will “meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services”.

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

4.1 Clarification of Responses

In the event that one or more proposals are in need of clarification, the District will request such clarification in writing and will afford the proposer(s) contacted an opportunity to respond in kind, with the necessary clarification.

4.2 Site Visits/ Informational Activities

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

4.3 Proposal Evaluation

The evaluation process of this RFP will be comprised of:

• A written proposal.

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

An Evaluation Committee, consisting of no less than three individuals, will evaluate responsive proposals. Each evaluation will independently evaluate and score proposals in accordance with the Evaluation Criteria in section 3.4. The District may assign certain evaluators specific evaluation criteria, in alignment with the evaluator’s expertise. District also reserves the right to have different Evaluation Committees for proposal evaluation and interview evaluation, if it chooses to. Interviews may be requested prior to final selection of firm(s). In the event that one or more proposals are in need of clarification, the Districts will request such clarification in writing and will afford the proposer(s) contacted an opportunity to respond in kind, with the necessary clarification.

a) Written Proposal Evaluation

(i) Each evaluator will independently score proposals in accordance with the Evaluation Criteria.

(ii) The District will average the written proposal scores per category and then sum the category averages for a total written evaluation score for each proposal.

b) Invitation for Interview

(i) After scoring the written proposals under Section 4.3 of this RFP, the Evaluation Committee may conduct interviews with one or more of the top-ranked proposers if the Evaluation Committee determines that interviews are necessary or desirable in its sole determination.

(ii) The number of proposers selected for interviews is at the sole discretion of the Evaluation Committee.

(iii) Proposers selected for interviews will be notified in advance as per Section 1.4.

(iv) No additions, deletions or substitutions may be made to proposals during the interviews/presentations that cannot be viewed as clarification.

c) Interview Evaluation (if required)

(i) The District will average the interview scores per category and then will sum the category averages for a total interview evaluation score for each proposal.

(ii) The District will sum the written evaluation score and the total interview evaluation score to achieve a total score per proposer.

d) References

The District reserves the right to investigate references, including customers other than those listed in a proposer’s submission. This inquiry may include without limitation investigation of past performance of any proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and its lawful payment of employees and subcontractors. Unsatisfactory reference results may be a factor in District’s final selection.

4.4 Notification of Intent to Award

The District will notify proposers of its Intent to Award by posting such notification on OregonBuys.

4.5 Negotiation

a) After the District has issued the Notice of Intent to Award, the District will commence serial negotiations with the highest-ranked responsive proposer(s).

b) At any time during negotiations, the District may terminate negotiations with the highest-ranked responsive proposer(s), etc. with whom it is currently negotiating if the District believes that:

i. The proposer is not negotiating in good faith; or

ii. Further negotiations or negotiations with the proposer will not result in the parties agreeing to the terms and conditions of a final Contract in a timely manner.

c) If the District terminates negotiations with a proposer, the District may then commence negotiations with the next highest-ranked responsive proposer.

d) The District reserves the right to negotiate final contract terms with the selected proposer(s) to the fullest extent allowed by law and as in the best interest of the District, including a maximum compensation level that the District alone determines is fair and reasonable.

4.6 Award of Contract

If the District awards any contracts pursuant to this RFP, it will award contracts to the responsible proposer(s) whose proposal the District determines in writing is the most advantageous to the District based upon the evaluation process and criteria described in the RFP, applicable preferences, and the outcome of any negotiations authorized by this RFP.

5. Solicitation Term and Conditions; Protest of Award

5.1 District Right to Cancel Solicitation

The District reserves the right to cancel this RFP at any time or to reject any and all proposals, if the District determines that doing so is in the public interest.

5.2 Proposer Cost of Response Preparation

Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP. The District is not liable to any proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a proposal.

5.3 Submitted Materials are District Property

All material submitted for any portion of a proposal in response to this RFP, or during any phase of this solicitation, will become the property of the District and will not be returned to proposers.

5.4 Additional District Reservations

The District reserves the right to reject all proposals, to reject any proposal not in compliance with all prescribed procedures and requirements, to waive any or all irregularities in proposals submitted, and to award any or all items or services contained in a proposal.

5.5 Proposal Validity

Proposals will remain valid for a period of 90 days following the proposal submission deadline.

5.6 Sufficient Information

All proposers represent and warrant that by responding to this RFP, they have been sufficiently informed in all matters relating to the performance of services solicited under this RFP and its attachments. Prior to submitting a proposal, all proposers will make a careful examination of this RFP and its provisions, including but not limited to all terms and conditions and specifications. Failure to take these precautions will not release a proposer from performing the services solicited under this RFP in strict accordance with the terms of any contract awarded as a result of this RFP.

5.7 Protests

a) Protest of Contract Award

A proposer may protest the Intent to Award a contract in accordance with OAR 137-048-0240, provided:

(i) The proposer is adversely affected because the proposer would be eligible to be awarded the contract in the event that the protest is successful; and

(ii) The reason for the protest is:

1. All higher-ranked proposals (or, in the event multiple contracts are awarded, a sufficient number of proposals) are non-responsive or failed to meet the requirements of this RFP, or all higher-ranked proposers (or, in the event multiple contracts are awarded, a sufficient number of proposers) are not qualified to perform the services required under this RFP;

2. The District has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials;

3. The District has abused its discretion in rejecting the protestor's proposal as non-responsive or;

4. The District's evaluation of proposals or the District's subsequent determination of Award is otherwise in violation of the District's Public Contracting Rules or the Public Contracting Code

Label protest as: “PROTEST OF AWARD: RFP NO. S-C26014-00008953”

Address protest to: Nicole Handley, Contract Administrator

5. All protests of Award must be in writing and physically received by the procurement official no later than 4:00 p.m. on the deadline for submitting such protests set forth in Section 1.4, unless otherwise stated in the Notice of Intent to Award.

6. Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the protest is based. The judgment used in scoring by individual evaluators is not grounds for protest.

7. Protests not filed within the time specified in paragraph 5 above, or which fail to cite the specific law, rule, regulation, or procedure upon which the protest is based will be dismissed. An issue that could have been raised by request for clarification or protest of the solicitation is not a ground for protest of award.

b) The District will resolve all protests in accordance with OAR 137-047-0740.

6. Contract Terms and Conditions

6.1 Contract Award and Term

The District intends to award one contract as a result of this RFP.

6.2 District Contract

Proposers are advised to thoroughly review and familiarize themselves with the District sample standard contract incorporated as Attachment A.

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

Any contract resulting from this RFP will be based on the RFP documents and in compliance with the District Public Contracting Rules and the Public Contracting Code.

6.3 Insurance

Proposers are advised to carefully review the insurance requirements contained in Attachment E. Proposer will promptly provide Certificates of Insurance that comply with these requirements at the District’s request. In an effort to encourage participation, if any of the insurance requirements would discourage a proposer from responding to this solicitation, proposer may indicate this in their proposal for consideration by the District.

ATTACHMENT A

Sample Contract

MULTI-DISTRICT PERSONAL SERVICES PRICE AGREEMENT

BETWEEN

MULTNOMAH COUNTY DRAINAGE DISTRICT NO. 1

PENINSULA DRAINAGE DISTRICT NO. 1

PENINSULA DRAINAGE DISTRICT NO. 2

SANDY DRAINAGE IMPROVEMENT COMPANY

COLUMBIA CORRIDOR DRAINAGE DISTRICTS JOINT CONTRACTING AUTHORITY

and

CONTRACTOR NAME

Agreements:

MC-####-###-PSC

P1-####-###-PSC

P2-####-###-PSC

SD-####-###-PSC

JCA-####-###-PSC

This Personal Services Price Agreement (this “Agreement”) is made by and between the MULTNOMAH COUNTY DRAINAGE DISTRICT NO. 1 ("MCDD"), PENINSULA DRAINAGE DISTRICT NO. 1 ("PEN 1"), PENINSULA DRAINAGE DISTRICT NO. 2 ("PEN 2"), SANDY DRAINAGE IMPROVEMENT COMPANY

("SDIC"), MUNICIPAL CORPORATIONS OF THE STATE OF OREGON, COLUMBIA CORRIDOR DRAINAGE DISTRICTS JOINT CONTRACTING AUTHORITY ("JCA"), AN INTERGOVERNMENTAL ENTITY CREATED UNDER ORS 190 (EACH, A "DISTRICT," AND COLLECTIVELY, THE "DISTRICTS"), and [FULL LEGAL NAME OF CONTRACTOR] ("Contractor").

The parties agree as follows:

TERMS AND CONDITIONS

1. Initial Information

a. Effective Date and Termination. The effective date of this Agreement is [insert date] or the date on which each party has signed this Agreement, whichever is later (the “Effective Date”). Unless earlier terminated as provided below, the termination date is [insert date] (“Termination Date”).

b. Agreement Renewal: This Agreement may be renewed upon mutual agreement of Contractor and the DISTRICTS in writing up to five years from the initial execution of this Agreement.

RFP S-C26014-00008953

c. Contractor’s Contract to Provide Services. Contractor agrees to provide a DISTRICT with the Services described in Exhibit 1 (Statement of the Work) upon issuance of a task order from that DISTRICT identifying a specific project or request for services (a “Project”), scope of work, schedule, and price (a “Task Order”). No DISTRICT, however, has any obligation to issue any Task Orders to Contractor under this Agreement. All Task Orders, contracts, purchase orders, accepted proposals, and requests for Services issued by a DISTRICT to Contractor under this Agreement are subject to and governed by this Agreement, and this Agreement is incorporated into each Task Order. Although all Services are subject to this Agreement, issuance of a Task Order for any Services is a prerequisite for any payment to the Contractor for Services.

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

e. Compensation Cap. The maximum amount of compensation to be paid to Contractor under this Agreement is as follows (the amount shown below for each DISTRICT is that DISTRICT’s “Compensation Cap”):

MCDD: $[INSERT AMOUNT]

PEN 1: $[INSERT AMOUNT]

PEN 2: $[INSERT AMOUNT]

SDIC: $[INSERT AMOUNT]

JCA: $[INSERT AMOUNT]

Each Task Order will include a not-to-exceed budget for a Project, including reimbursable expenses (the “NTE Project Budget”). Each NTE Project Budget under a DISTRICT’s Task Order is subject to that DISTRICT’s Compensation Cap, and an NTE Project Budget, when added to the total sum of the NTE Project Budgets set forth under all previously issued Task Orders by that DISTRICT, may not…