S-63500-00006128 North Fork Klaskanine Intake 1 EN Design.pdf

DAS Procurement Services, Version 4.4 July 1, 2021 Page 1 of 45

REQUEST FOR PROPOSAL

NORTH FORK KLASKANINE INTAKE 1

ENGINEERING DESIGN

RFP S-63500-00006128

STATE OF OREGON

DEPARTMENT OF FISH AND WILDLIFE

PROPOSALS DUE: March 22, 2023 at 2:00 PM

LATE PROPOSALS WILL NOT BE ACCEPTED

Grants/Contracts Specialist: Jake Howard Phone: (503) 947-6130

Email: jake.e.howard@odfw.oregon.gov

Address: 4034 Fairview Industrial Drive SE Salem, Oregon 97302 mailto:jake.e.howard@odfw.oregon.gov

DAS Procurement Services, Version 4.4 July 1, 2021 Page 2 of 45

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE 3

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: SOLICITATION PROCESS

3.1 PUBLIC NOTICE

3.2 PRE-PROPOSAL CONFERENCE

3.3 REQUESTS FOR CLARIFICATIONS

3.4 SOLICITATION PROTESTS

3.5 PROPOSAL DELIVERY OPTIONS

3.6 PROPOSAL MODIFICATION OR WITHDRAWAL

3.7 PROPOSAL DUE

3.8 PUBLIC OPENING

3.9 PROPOSAL REJECTION

3.10 EVALUATION PROCESS

3.11 RESERVED 11

3.12 RESERVED 11

3.13 PROTEST OF PROPOSER SELECTION

3.14 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

SECTION 4: ADDITIONAL INFORMATION

4.1 CERTIFIED FIRM PARTICIPATION

4.2 GOVERNING LAWS AND REGULATIONS

4.3 OWNERSHIP/PERMISSION TO USE MATERIALS

4.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

4.5 COST OF SUBMITTING A PROPOSAL

4.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

4.7 RECYCLABLE PRODUCTS

4.8 SILENCE OF SPECIFICATION

LIST OF ATTACHMENTS

ATTACHMENT A: SAMPLE CONTRACT

ATTACHMENT B: PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT C: REFERENCE CHECK FORM

ATTACHMENT D: COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT E: RESPONSIBILITY INQUIRY

ATTACHMENT F: DECISION SUPPORT DOCUMENT-OGEE INTAKE #1, NOVEMBER 2021

DAS Procurement Services, Version 4.4 July 1, 2021 Page 3 of 45

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Fish and Wildlife, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279C.100 through 279C.125 for Engineering Design services.

Over the past several years, ODFW, USFWS, and stakeholders have been engaged in a process to evaluate operational and engineering opportunities to address wild fish access above the Klaskanine Hatchery dams. In 2021, ODFW worked with a consultant to complete the survey, hydrology, hydraulic analysis, and basis of design report for the NF Klaskanine Intake 1 water diversion dam. The NF Klaskanine Intake 1 fish passage engineering design project will complete the design phase of the project. The Scope of Work for this project will include: 1) Complete 100% engineering design drawings and technical specifications; and 2) provide cost estimate of the project with a budget narrative.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference March 17, 2023 1:00 PM

Protest and Clarification Deadline N/A N/A

Opening (Proposal Due) See RFP cover page

Opening of Proposal March 22, 2023 2:00 PM

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(6)(m) and ORS 496.146(11).

ODFW has authorization to conduct fish and wildlife management activities under ORS. 496.138, consistent with the policy in ORS 496.012.

Agency is using the Informal Selection Procedure ORS 279C.110 and OAR 137-048-0210(7) issuing the RFP to a minimum of three (3) prospective Consultants.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 137-048-0110 or as defined below.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 4 of 45

"A/E" means architectural services, engineering services or both architectural and engineering services and used to describe a proposer, firm or type of professional services associated with this

RFP.

“Award” A Proposer has been awarded a Contract for Services. The deadline for protest of Proposer selection has passed and no aggrieved Proposer has filed a protest of the selected Proposer.

“CA” The Commission Agent sought in a RFP solicitation process.

"Contract" An agreement between a state agency (here, the “Owner”) and an A/E or A/E Related Service firm for the Services covered by this RFP.

"Department of Fish and Wildlife” or “ODFW" is the State of Oregon agency with responsibility for this RFP and for management of any Contract resulting from this RFP.

The general terms “can”, “may”, “should”, “preferably”, or “prefers” identifies a desirable or discretionary item of the RFP. Failure to comply with such an item will not result in the rejection of a Proposal.

“Owner” as defined in the Contract between Owner and the Consultant shall be the State of Oregon, Department of Fish and Wildlife.

“Project Team or Project Team Members” means the Owner, the Consultant, the construction contractor and other contractors, consultants and agencies who will be responsible for various aspects of the Project.

"Proposal" is the Proposer’s response to this RFP.

"Proposer" is the entity submitting a response to the RFP solicitation.

"Proposer or Offeror" is any person, corporation, or partnership who chooses to submit a Proposal in response to this RFP, with the intent of providing A/E services for this Project.

“Request for Proposal” or "Request for Proposals" or "RFP" is this solicitation document, any attachments incorporated by reference, and any addenda issued for use in soliciting Proposals, for this Project.

"Responsive Offer" or "Responsive Proposal" means an Offer or Proposal which conforms in all material respects to the requirements set forth in the RFP as determined by the Owner Selection Committee. Material respects of an RFP include, but are not limited to quality, quantity, or delivery requirements.

“SEED” is the State Energy-Efficient Design (SEED) Program.

"Selection Notice” means a formal written notice by ODFW that a Proposer has been selected for an award and can enter into a Contract for Services after the protest period passes.

“Services” means the Services to be performed by the consultant on the Project.

“State” is the State of Oregon, Department of Fish and Wildlife.

In addition to terms defined elsewhere in this RFP, the definitions above apply to this RFP.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

ODFW’s mission is to protect and enhance Oregon's fish, wildlife, and their habitats for use and enjoyment by present and future generations.

2.4 SCOPE OF WORK

The Services of a professional architectural firm or engineering firm are required for the components of the Project located at the Klaskanine Fish Hatchery, 82635-202 Hatchery Road, Astoria, Oregon, DAS Procurement Services, Version 4.4 July 1, 2021 Page 5 of 45 described below:

2.4.1 Project Purpose:

The goal of this restoration project is to restore and enhance 12 miles of upstream habitat access to wild fish past the hatchery. In 2020 stream survey, hydrology/hydraulic assessment, streambed characterization, site geomorphology, and sediment evaluation data were collected to summarize the existing conditions at the hatchery lower dam which blocks upstream movement of all fish to capture hatchery broodstock, A Decision Support Document (Attachment F) was produced to provide a preliminary discussion of the opportunities and constraints associated with providing passage at the dam for wild fish and outlines the potential alternatives to achieve this goal. The selected consultant will complete Alternative 4 design documents based on this available data and report. Design drawings will meet state and federal permitting and fish passage requirements, including lamprey passage guidelines (Pacific Lamprey Technical Workgroup. 2017.

Practical guidelines for incorporating adult Pacific lamprey passage at fishways. June 2017. White Paper. 47 pp + Appendix. Available online: https://www.fws.gov/pacificlamprey/mainpage.cfm).

2.4.1.1 Objective 1: Complete the 100% design drawings and technical specifications

Task 1.1: Consultant will provide survey data and design drawings in a CAD file and prepare a written report summarizing the existing conditions to support ODFW’s fish passage design and fish screening design bid process. The report will summarize all elements of technical specifications needed for the bid process. The Drawings will include the following:

• Title sheet and location Map

• Existing site conditions

• OHW and relevant hydraulic elevations

• Complete construction plan sheets in profile, cross-sectional and plan view.

• Proposed mitigation measures to prevent hatchery stock from moving upstream which could include an inflatable dam, such as an Obermeyer weir, or temporary weir system that can be installed and removed as necessary during the period of fish migration.

• Site access and staging plan

• Preliminary Erosion Control and Construction BMP details including revegetation plan.

• Temporary water management plan and structure details.

Products: Final Stamped construction ready design drawings and technical specifications document.

Schedule: March 20, 2023, to May 15, 2023

2.4.1.2 Objective 2: Provide cost estimates of the project.

Task 2.1: Complete itemized cost estimates supported by the technical specifications document. Provide a detailed budget narrative explaining and justifying the costs by object class category.

Rationale: Cost estimates are needed to secure funding and plan for implementation of the project.

Products: Complete pricing submittal form for all bid items listed in the Technical Specifications document.

Schedule: March 20, 2023, to May 15, 2023 https://www.fws.gov/pacificlamprey/mainpage.cfm

DAS Procurement Services, Version 4.4 July 1, 2021 Page 6 of 45

The design team will provide plans, specifications, and permitting applications that are complete and ready for submission to the permitting groups and are also ready for bidding through OregonBuys.

As required by procurement law for the State of Oregon, ODFW will post this project for informal bidding through the state procurement system, OregonBuys. ODFW has worked with the Department of Justice to develop standard formatting, terminology, and presentation of contract and technical information.

The design team will be provided a copy of the agency’s standard technical specifications for use in the project. Any new technical specifications needed will follow the established terminology and formatting.

Additionally, the design team will provide electronic copies of all electronic drawings in a .dwg format to be compatible with the latest version of AutoCAD. The electronic drawings will reflect the final information that is reflected in the stamped plan sets. Any information not pertinent to the final design in the .dwg file shall be removed from model space and paper space. The design team will also provide an electronic copy and paper copy of all stamped plans in a 22 inch x 34 inch format.

SECTION 3: SOLICITATION PROCESS

3.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

3.2 PRE-PROPOSAL CONFERENCE

A voluntary preproposal conference will be held on March 17, 2023, at 1:00 PM, via Microsoft TEAMS using the information below.

Join on your computer, mobile app, or room device.

Click here to join the meeting

Meeting ID: 294 029 576 027

Passcode: Vshch8

Or call in (audio only) +1 503-446-4951, 187040386# United States, Portland

Phone Conference ID: 187 040 386#

The meeting is designed to clarify the information that is requested and give an opportunity for questions and answers.

Any statements made at this conference will not change the terms of this RFP, the Project Plans and Specifications, or other Contract Documents unless an Addendum has been issued from ODFW and posted on the OregonBuys System.

PROPOSERS ARE NOT REQUIRED TO ATTEND THIS VOLUNTARY PREPROPOSAL CONFERENCE, BUT

WITH THE COMPLEXITY OF THIS PROJECT IT IS STRONGLY RECOMMENDED THAT PROPOSERS OR

THEIR REPRESENTATIVE ATTEND.

The purpose of the preproposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

https://oregonbuys.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjNkMmFmNzItNTg3Yi00ZTAzLWJjNjEtOTdhMzEzODMyN2E4%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22b84ebd5c-5518-4277-b016-f0c310c5e4f7%22%7d tel:+15034464951,,187040386#

DAS Procurement Services, Version 4.4 July 1, 2021 Page 7 of 45

3.3 REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Requests for Clarification identified in the Schedule in Section 1.2.

3.4 SOLICITATION PROTESTS

3.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in the RFP and may request a change to any provision, specification, or Contract term contained in the RFP, no later than March 17, 2023 at 5:00 PM. Protests shall follow the requirements set forth in OAR 137- 048-0240(1). Each protest and request for change must include the reasons for the protest or request, and any proposed changes to the RFP provisions, specifications, or Contract terms.

ODFW will not consider any protest or request for change that is submitted after the submission deadline. Protests shall be sent to the designated SPC as specified in section 1.3 of this RFP. If ODFW determines that additional information or interpretation is necessary, such information or interpretation will be supplied in Addenda that will be posted to OregonBuys. All such Addenda shall have the same binding effect as though contained in the main body of this RFP. Oral instructions or information concerning the specifications of the Project from State managers, employees, or agents to prospective Proposers shall not bind the State. ODFW shall issue all Addenda not less than three (3) calendar days prior to the Proposal deadline.

3.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment.

Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the next Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

3.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email.

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based; and

DAS Procurement Services, Version 4.4 July 1, 2021 Page 8 of 45

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule. Protests to an Amendment must be received by the due date identified in the Amendment.

3.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Proposals must be submitted electronically through OregonBuys at: https://oregonbuys.gov/bso/.

Proposers must be registered in the OregonBuys system to submit a response.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

3.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of two ways. Proposer may draft a document on letterhead with authorized signature outlining those portions being modified. The document must include a statement that the modification replaces the information in the initial submission with the revised information. This modification may be submitted to the SPC via email to the address on the cover of this RFP.

Alternately, the Proposer may withdraw their submittal from OregonBuys and resubmit a completely new Proposal on OregonBuys. All Modifications must be made prior to the Closing/Opening date and time.

If a Proposer wishes to withdraw a submitted Proposal from OregonBuys, it must delete the submission using the “Withdraw Quote” button.

3.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening.

All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

3.8 PUBLIC OPENING

A public opening will not be held for this solicitation.

3.9 PROPOSAL REJECTION

Agency may reject any and all Proposals prior to Contract execution and may cancel this RFP at any time if ODFW believes it is in the public interest to do so. ODFW is not liable for any costs of expenses incurred by RFP cancellation or Proposal rejection.

3.10 EVALUATION PROCESS

3.10.1 Evaluation and Selection Process

An evaluation committee (“Evaluation Committee”) consisting of not less than three (3) individuals with expertise in the Project area ("Evaluators") will evaluate Proposals. Each Evaluator will assign scores to each Proposal for each of the categories specified below and https://oregonbuys.gov/bso/ https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

DAS Procurement Services, Version 4.4 July 1, 2021 Page 9 of 45 further described in section 4.10.2:

Proposal Elements Maximum Possible Score A. Cover Letter/Background 5 points

B. Proposer History/Philosophy 10 points

C. Project Approach/Schedule 25 points

D. Experience of Assigned Project Team Members 30 points

E. Proposer’s Experience 30 points

F. Required Forms Pass/Fail

Total Maximum Possible Score: 100 points

Each Evaluator will review and assign a score to each section of the Proposal that corresponds to the Proposal elements A through E, above, and evaluation criteria described under section 4.10.2. After determining all criteria scores, each Evaluator will add up the scores awarded for each criterion and determine the total score out of 100 possible points for each Proposal. After scoring each Proposal by each Evaluator, the SPC will add the scores for each Proposer and calculate the average score.

The SPC will rank Proposals from highest to lowest averaged scores to determine the highest ranked Proposal. If two or more Proposals have tied scores, the Evaluation Committee will determine the final ranks of the tied Proposals by consensus determination of the ranking that is in the best interests of

ODFW.

An oral interview may be scheduled if it is determined to be in the best interests of the Agency. The Proposers with the highest final written evaluation scores, but not more than three (3), may be invited to an oral interview with the Evaluation Committee if interviews are conducted. Questions used to evaluate the finalists during the oral evaluations will be provided prior to the interview. No additions, deletions, or substitutions may be made to Proposals during the oral evaluations that cannot be viewed as a clarification, as solely determined by ODFW.

After the oral interview evaluations, each Evaluator will assign a score to each oral interview evaluation criterion and the criteria scores for the oral interview evaluation will be summed for each Proposal.

After scoring each Proposal in this manner, each Evaluator will add the score for the oral interview evaluation to the previous score for the Proposal for each Proposer. Each Evaluator will add the scores and determine the total score out of 150 possible points for the combination of oral interview and evaluation of the Proposal for each Proposer. After scoring each Proposal by each Evaluator, the SPC will add the scores for each Proposer and calculate the average score.

The Evaluation Committee will add all scores assigned to each Proposal for the oral interview evaluation and Proposal evaluation to determine that Proposal’s final score. The Proposer with the highest average score for interviews and written proposal will be considered as the highest ranking Proposal for award purposes. If two or more Proposals have tied rank numbers, the Evaluation Committee will determine the final ranks of the tied Proposals by consensus determination of the ranking that is in the best interests of the State.

3.10.2 Proposal Elements and Evaluation Criteria

Each Proposal shall include responses covering the specific information requested below for each of the categories. Responses shall be presented by category in the order listed below and will be scored by the Evaluators using the number of points available for that category. The relative importance of the categories is indicated by the points available for scoring in that category. The highest total score

DAS Procurement Services, Version 4.4 July 1, 2021 Page 10 of 45 available for all categories together is 100 points.

A. Cover Letter/Background (0 - 5 points available)

Each Proposal shall include a cover letter with the following:

a) A statement that Proposer accepts the terms and conditions contained in Attachment A, Sample State of Oregon, Standard Professional Services Contract;

b) A brief summary of Proposer’s experience in the programming and design phases for projects similar to the Project (which will be covered in more detail by Proposer’s response to Section E, below);

c) A statement that the Proposal is valid for at least ninety (90) calendar days following the Proposal Submission Deadline; and

d) A statement certifying that no officer, agent, or employee of the Department of Fish and Wildlife has a pecuniary interest in the Proposal; that the Proposal is made in good faith without fraud, collusion, or connection of any kind with any other Proposer and that the Proposer is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm.

B. Proposer History/Philosophy (0 - 10 points available)

Each Proposal shall describe the Proposer’s history as well as Proposer’s philosophy for approaching projects similar to this Project. Each Proposal shall include the following information:

a) A description of Proposer’s size and corporate structure;

b) Proposer’s organizational chart showing staff to be assigned to this Project; and

c) A description as to how Proposer will maintain stability in assigned Project staff during the Project.

C. Project Approach/Schedule (0 - 25 points available)

Proposals shall demonstrate an understanding of Project requirements and the steps necessary to successfully meet the Project goals. Each Proposal shall include the following:

a) A step-by-step detailed description as to how the Proposer would approach the Project in order to minimize Project costs, provide Services in a timely manner, and ensure Project quality;

b) An outline of the elements of the Services to be performed, in the stages and a schedule for the performance of the Services elements;

c) A description of how the Proposer will meet Project objectives within the schedule;

d) A description of how the Proposer’s Project team members will interact effectively with each other, with ODFW, and with all other Project participants including contractors; and

e) Proposer’s approach to handling proposed change order requests from the general construction contractor during Project construction.

D. Experience of Assigned Project Team Members (0 - 30 points available)

Each Proposal shall specifically identify each individual employee and subconsultant intended to assist Proposer with Project Services and shall include the following for each identified employee and subconsultant:

DAS Procurement Services, Version 4.4 July 1, 2021 Page 11 of 45

a) Names and titles of all staff (employees and subconsultants’ employees) assigned to Project;

b) Resumes for all staff assigned to the Project that include a summary of the staff professional qualifications and relevant experience, including but not limited to:

education, years of experience in design field, years in proposed Project capacity, industry licenses, and certifications; and

c) A summary of Project staff experience within the past 5 years on projects similar in size and scope to the Project, and the dollar amount, size, and description of the projects, including experience organizing, scheduling, and coordinating for those projects.

E. Proposer’s Experience (0 – 30 points available)

Each Proposal shall include the following:

a) A completed the top portion of a minimum of three (3) Proposer Reference Forms attached as Attachment C to this RFP;

b) A list and brief project description of up to ten (10) projects that Proposer has been the principle architect of record within the last 5 years;

c) The initial construction contract amount for the individual projects identified under subsection b above, and the final construction contract amount after all change orders;

d) A 5-year work history being a principal or a consultant for projects similar to the Project;

e) A detailed description of Proposer’s experience organizing, scheduling, and coordinating; and

f) A detailed description of Proposer’s experience with designing infrastructure for state and federal fish passage and fish screening requirements.

F. Required Forms (Pass/Fail)

a) Attachment B – Proposer Information and Certifications.

b) Attachment C – Reference Forms.

c) Attachment D – COBID Certification/Outreach Plan

G. Interviews (optional) (0 – 50 points available)

3.10.3 PREFERENCES

3.10.3.1 Reserved

3.10.3.2 Reserved

3.10.3.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

3.10.3.4 Reserved

3.11 RESERVED

3.12 RESERVED

3.13 PROTEST OF PROPOSER SELECTION

3.13.1 Protest Submission

DAS Procurement Services, Version 4.4 July 1, 2021 Page 12 of 45

ODFW will post a copy of the Notice of Intent to Award on OregonBuys. A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to ODFW no later than seven (7) calendar days after the date of the “Notice of Intent to Award”. ODFW will address all timely submitted award protests that are in accordance with OAR 137-048-0240(2).

Protests shall be in writing delivered via email to the SPC in Section 1.3 no later than 4:00 p.m. on the seven (7) calendar day after the date of issuance of the Notice of Intent to Award.

Protests not filed within the time specified above, or which fail to meet the requirements of OAR 137-048- 0240(2) shall be rejected.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in OAR 137-048-0240(2):

• All higher ranked Proposals failed to meet the requirements of the RFP.

• All higher ranked Proposals are not qualified to perform the Services described in the RFP.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

3.13.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

3.13.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

3.14 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

3.14.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C of Attachment A.

3.14.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

3.14.3 Business Registry

DAS Procurement Services, Version 4.4 July 1, 2021 Page 13 of 45

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

3.14.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment E — Responsibility Inquiry.

3.14.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx. ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

3.14.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C-Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

SECTION 4: ADDITIONAL INFORMATION

4.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories:

disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon 4biz

To meet the requirements of this clause, please complete the Certified Business Firm Outreach Plan, Attachment D. The Certified Business Firm Outreach Plan will become a contractual obligation in the event the Proposer receives a contract award and signs the resulting contract.

Furthermore, as and when applicable, the successful Consultant executing any resulting contract shall maintain any Certified Business Firm certifications applicable to the Consultant, and require in its subcontracts that subcontractors maintain any applicable Certified Business Firm certifications required by Section 2, Chapter 325, Oregon Laws 2015, as amended by Section 26, Chapter 565, Oregon Laws 2015 as a material condition of the contract. If the Consultant or subcontractor was awarded the contract or any underlying subcontract, as applicable, in the course of the State’s carrying out an affirmative action goal, policy or program under ORS 279A.100 – 279A.107, and fails to maintain the required certification, Agency may terminate the contract, require the Consultant to http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

DAS Procurement Services, Version 4.4 July 1, 2021 Page 14 of 45 terminate the subcontractor, or exercise any of the remedies reserved for a breach of the contract.

4.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 5.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

4.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

4.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

4.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

4.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

4.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025) https://www.oregon.gov/das

DAS Procurement Services, Version 4.4 July 1, 2021 Page 15 of 45

4.8 SILENCE OF SPECIFICATION

The apparent silence of this scope of work, any specifications, and any supplemental specifications as to any detail, or the apparent omission from one of these areas of a detailed description concerning any point, shall be regarded as meaning that only the best commercial and industrial practice is to prevail and that only materials and workmanship of first quality are to be used. Services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Proposer, must be itemized in the Proposal.

#638691 - 01/15/10 (revised 4/6/15) Page 1 of 20

ATTACHMENT A – SAMPLE CONTRACT

STANDARD PROFESSIONAL SERVICES CONTRACT

(Architectural, Engineering, Land Surveying and Related Services)

THIS PROFESSIONAL SERVICES CONTRACT (the “Contract”) is between the State of Oregon, by and through its Department of Fish and Wildlife, (the “Owner” or “ODFW”), and:

Company Contract # 835-210-21 Address City, State Zip Email Phone

(the “Consultant”) (collectively Owner and Consultant are referred to as the "Parties"). This Contract is for all Services related to completion of the project more particularly described as follows (the “Project”):

North Fork Klaskanine Intake 1 Fish Passage Engineering Design 82635-202 Hatchery Road, Astoria, Oregon

This Contract shall become effective on the date that the Contract is fully executed by the Parties and all required State of Oregon approvals have been obtained (the “Effective Date”). No Services shall be performed prior to the Effective Date.

The Contract shall expire, unless otherwise terminated or extended, on DATE. Generally, the Services to be performed by Consultant on the Project consist of the following (the “Services”):

In 2021, ODFW worked with a consultant to complete the survey, hydrology, hydraulic analysis, and basis of design report for the NF Klaskanine Intake 1 water diversion dam. The NF Klaskanine Intake 1 fish passage engineering design project will complete the design phase of the project. The Scope of Work for this project will include: 1) Complete 100% engineering design drawings and technical specifications; and 2) provide cost estimate of the project with a budget narrative.

The Services are more specifically described in the EXHIBIT A, Statement of Work. Owner agrees to pay Consultant a sum not to exceed $XX,XXX.XX for performance of the Services, which shall include all allowable expenses. Progress payments shall be made in accordance with EXHIBIT B, Consultant Compensation.

This Contract consists of these introductory provisions and the signature page(s), Section 1-Relationship of the Parties, Section 2-Consultant’s Responsibilities; Representations and Warranties, Section 3-Responsibilities of Owner; Special Contract Provisions, Section 4-General Contract Provisions and the following exhibits attached hereto and incorporated herein by this reference:

EXHIBIT A: Statement of Work EXHIBIT F: Rate Schedule EXHIBIT B: Consultant Compensation EXHIBIT G: Assumptions and Exclusions EXHIBIT C: Insurance Provisions EXHIBIT H: RFP S-63500-0000461 EXHIBIT D: Special Contract Provisions EXHIBIT I: Consultant’s Propopsal EXHIBIT E: Critical Date Schedule

THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES ON THE SUBJECT

MATTERS ADDRESSED HEREIN. THE TERMS OF THIS CONTRACT CANNOT BE WAIVED, ALTERED,

MODIFIED, SUPPLEMENTED OR AMENDED, IN ANY MANNER WHATSOEVER, EXCEPT BY WRITTEN

INSTRUMENT SIGNED BY THE PARTIES AND CONTAINING ALL REQUIRED STATE OF OREGON

APPROVALS. ANY SUCH WAIVER, ALTERATION, MODIFICATION, SUPPLEMENTATION OR AMENDMENT SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, REGARDING THIS CONTRACT EXCEPT AS CONTAINED, INCORPORATED, OR REFERENCED HEREIN. CONSULTANT, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS CONTRACT, UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ALL OF THIS

CONTRACT’S TERMS AND CONDITIONS. THIS CONTRACT, AND ANY AMENDMENTS TO IT, MAY BE

EXECUTED IN COUNTERPARTS (EACH OF WHICH SHALL BE AN ORIGINAL AND ALL OF WHICH SHALL

#638691 - 01/15/10 (revised 4/6/15) Page 2 of 20

CONSTITUTE BUT ONE AND THE SAME INSTRUMENT) OR IN MULTIPLE ORIGINALS. A FAXED FORM OF THIS CONTRACT OR ANY AMENDMENT THERETO, EXECUTED BY ONE OR MORE OF THE PARTIES, WILL

CONSTITUTE A COUNTERPART HEREOF, AS LONG AS THE COUNTERPART BEARING THE PARTY’S

ORIGINAL SIGNATURE IS PROMPTLY TRANSMITTED TO THE OTHER PARTY AND RECEIVED BY THAT

PARTY FORTHWITH.

XX

Consultant Company Signature Date

Shannon Hurn, Deputy Director for Administration Oregon Department of Fish and Wildlife Signature Date

Approved for Legal Sufficiency Approved by NA Department of Justice Name/Title Date

#638691 - 01/15/10 (revised 4/6/15) Page 3 of 20

1. RELATIONSHIP OF THE PARTIES

1.1. Consultant shall provide the Services for the Project

in accordance with the terms and conditions of this Contract. Consultant's performance of Services shall be as a professional consultant to Owner to carry out the Project and to provide the technical documents and supervision to achieve Owner's Project objectives.

1.2. In administering this Contract, Owner may retain

the services of an independent project manager and other consultants as needed to fulfill Owner’s objectives.

1.3. Consultant shall provide a list of all sub-consultants

which Consultant intends to utilize on the Project (the “Sub-consultants”). This list shall include such information on the qualifications of the Sub-consultants as may be requested by Owner. Owner reserves the right to review the Sub-consultants proposed. Consultant shall not retain a Sub-consultant to which Owner has a reasonable objection.

1.4. Consultant acknowledges that this Contract was

awarded on the basis of the unique background and abilities of the key personnel of Consultant and Sub-consultants identified by Consultant (collectively, the “Key Personnel” and individually, the “Key Person”).

Therefore, Consultant shall make available Key Personnel as identified in its proposal. Consultant shall provide to Owner a list of the proposed Key Personnel to be assigned to the Project. This list shall include such information on the professional background of each Key Person as may be requested by Owner. If any Key Person becomes unavailable to Consultant, the Parties shall mutually agree upon an appropriate replacement. Without prior notice to, and the written consent of, Owner, Consultant shall not: (i) re-assign or transfer any Key Person to other duties or positions so that the Key Person is unable to fully perform his or her responsibilities under the Contract; (ii) allow any Key Person to delegate to anyone his or her performance of any management authority or other responsibility required under the Contract; or (iii) substitute any Key Person. Any of these actions shall constitute a material breach of the Contract. Consultant shall remove any individual or Sub-consultant from the Project if so directed by Owner in writing following discussion with Consultant, provided that Consultant shall have a reasonable time period within which to find a suitable replacement.

2. CONSULTANT'S RESPONSIBILITIES;

REPRESENTATIONS AND WARRANTIES

2.1. Consultant agrees that:

2.1.1. The phrase “Standard of Care” that is used in this

Contract is defined as follows: the same professional skill, care, diligence and standards as other professionals performing similar services under similar conditions (the “Standard of Care”);

2.1.2. Consultant shall perform all Services in accordance

with the Standard of Care;

2.1.3. Consultant shall prepare, in accordance with the

Standard of Care, all drawings, specifications, deliverables and other documents so that they accurately reflect, fully comply with and incorporate all applicable laws, rules, and regulations, and so that they are complete and functional for the purposes intended, except as to any deficiencies which are due to causes beyond the control of Consultant;

2.1.4. Consultant shall be responsible for correcting any

inconsistencies, errors or omissions in the drawings, specifications, deliverables and other documents prepared by Consultant at no additional cost to Owner;

2.1.5. Owner’s review or acceptance of documents shall

not be deemed as approval of the adequacy of the drawings, specifications, deliverables and other documents. Any review or acceptance by Owner will not relieve Consultant of any responsibility for complying with the Standard of Care;

2.1.6. Except as provided in Supplemental Services

addressed within Exhibits A and B, Consultant shall, at no additional cost to Owner, render assistance to Owner in resolving problems or other issues relating to the Project design or to specified materials;

2.1.7. During the term of the Contract, Consultant shall

obtain, hold, maintain and fully pay for all licenses and permits required by law for Consultant to conduct its business and perform the Services. During the term of the Contract, Owner shall pay for and Consultant shall obtain, hold and maintain all licenses and permits required for the Project, unless otherwise specified in the Contract.

Consultant shall review the Project site and the nature of the Services and advise Owner throughout the course of the Project as to the necessity of obtaining all Project permits and licenses, the status of the issuance of any such permits and licenses, and any issues or impediments related to the issuance or continuation of any such permits and licenses; and

2.1.8. Consultant shall pay all Sub-consultants and other

subcontractors as required by Consultant’s contracts with those Sub-consultants and subcontractors. Consultant agrees that Owner has no direct or indirect contractual obligation or other legal duty whatsoever to pay the Sub-consultants and other subcontractors of Consultant or otherwise ensure that Consultant makes full and timely payment to those Sub-consultants and subcontractors for services performed on the Project.

2.2. Consultant represents and warrants to Owner that:

2.2.1. Consultant has the power and authority to enter into

and perform this Contract; the persons executing this Contract on behalf of Consultant have the actual authority to bind Consultant to the terms of this Contract;

#638691 - 01/15/10 (revised 4/6/15) Page 4 of 20

2.2.2. When executed and delivered, this Contract shall be

a valid and binding obligation of Consultant enforceable in accordance with its terms; the provisions of this Contract do not conflict with or result in a default under any agreement or other instrument binding upon Consultant and do not result in a violation of any law, regulation, court decree or court order or other legal process applicable to Consultant;

2.2.3. Consultant shall, at all times during the term of this Contract, be duly licensed to perform the Services, and if there is no licensing requirement for the profession or Services, be duly qualified and competent;

2.2.4. Consultant is an experienced firm having the skill, legal capacity, and professional ability necessary to perform all the Services required under this Contract and to design and administer a project having the scope and complexity of the Project;

2.2.5. Consultant has the capabilities and resources

necessary to perform Consultant's obligations under this Contract;

2.2.6. Consultant is, or shall become, in a manner

consistent with the Standard of Care, familiar with all current laws, rules, and regulations which are applicable to the design and construction of the Project;

2.2.7. All Services shall be performed in accordance with

the Standard of Care;

2.2.8. The Project, when completed and if constructed in

accordance with the intent established by the drawings, specifications, deliverables and other documents prepared by Consultant pursuant to this Contract, shall be structurally sound and a complete and properly functioning facility suitable for the purposes for which it is intended;

and

2.2.9. The published specifications of the “Automated

Systems” that Consultant has specified, designated and planned pursuant to this Contract conform to the Contract requirements. For the purposes of this subsection, “Automated Systems” shall mean any computers, software, firmware, HVAC systems, elevators, electrical systems, fire or…