UFSWQD RFP S-Q10054-00012235 WATERSHED PLAN.pdf

URBAN FLOOD SAFETY & WATER QUALITY DISTRICT

1880 NE ELROD DRIVE

PORTLAND, OR 97211

Request for Proposals ("RFP")

PROFESSIONAL AND RELATED SERVICES

for

WATERSHED IMPROVEMENT PLAN

RFP No. S-Q10054-00012235

December 11, 2024

Pre-Proposal Conference:

The District will conduct an OPTIONAL pre-Proposal conference for this RFP. District has scheduled a pre-proposal conference on December 20, 2024, at 11:00 A.M., P.T., via virtual meeting. Click link below to attend meeting:

Join the meeting now

Meeting ID: 237 582 231 459

Passcode: GjpH2R

Proposals Due: Not later than proposal due date: January 28, 2025 @ 4:00 PM PT Late proposals will not be accepted or considered.

Submit Proposals to: https://oregonbuys.gov/bso

Direct RFP Questions to: Q&A tab in OregonBuys https://oregonbuys.gov/bso

Direct Other Questions To:

Trisha Schultz tschultz@urbanfloodsafetyor.gov.

RFP No. S-Q10054-00012235 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTdkM2EwM2YtZDVmZS00MjM5LThhNmEtZDJhNDYzZmM3MTdl%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://oregonbuys.gov/bso

Dial in by phone

+1 929-352-2183,,307057891# United States, New York City

Phone conference ID: 307 057 891#

The purpose of the conference is to provide additional information regarding this solicitation and to answer any questions Proposers may have. Proposers are cautioned that the official RFP requirements will change only by written amendment issued by the District.

RFP No. S-Q10054-00012235 tel:+19293522183,,307057891

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 RFP questions and 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:

WATERSHED IMPROVEMENT PLAN 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: Scope of Work

RFP No. S-Q10054-00012235

1. Introduction

The Urban Flood Safety & Water Quality District (“UFSWQD” and “District”), seeks written proposals from qualified firms. (“Proposer”) to develop a Watershed Improvement Plan (“Project” or “Services”). Proposals that include subcontractors or consultant teams are equally acceptable as those from a single firm. See the detailed Scope of Work for more information.

District will screen and select proposers as provided in ORS 279C.120. The District anticipates entering into a Professional or Personal Services contract with the Successful Proposer (“Consultant”) for all the Services included within the RFP. All necessary permits, permit exemptions, and approvals shall be obtained under this contract. The District reserves the right to reorganize the design delivery at the agency’s own discretion.

The anticipated contract term will be 3 years.

The District’s budget for this Project is undetermined. Proposer shall include the true estimated cost to perform the Project. The Proposer can include 2-3 scenarios, if desired, to demonstrate alternate approaches and associated costs.

2. About the District

The Urban Flood Safety & Water Quality District was created by the Oregon State Legislature during the 2019 legislative session to modernize the management of the 27 miles of levee and water conveyance system that run from North Portland through Gresham, Fairview, and Troutdale. This special district replaced the four independent Drainage Districts, each of which had previously managed different parts of the system, and helped to establish a safer, more modern and sustainable way to manage flood safety along the Columbia River in the Portland metropolitan region. The UFSWQD continues the work of the four legacy drainage districts, and takes on new services. The purpose of the UFSWQD is to:

• Reduce the risk of flooding;

• Protect people and property from flood risk;

• Respond to flood emergencies;

• Convey water for the purpose of flood safety;

• Contribute to improved water quality, fish and wildlife habitat, floodplain restoration and landscape resilience;

• Promote equity and social justice in all aspects of the district’s operations;

• Prepare for and adapt to the impact of climate change in relation to the managed floodplain; and

• Provide the public with information regarding the cultural history of the territory in the managed floodplain.

A complete version of ORS 550 is located on the state’s website, https://www.oregonlegislature.gov/bills_laws/ors/ors550.html. The expectation is that this project design includes elements that advance these new UFSWQD services.

Background

This will be the District’s first Watershed Improvement Plan. It will provide a basis for future works that contribute to improved watershed health while providing critical flood safety services for those that live, work, recreate, and travel through the managed floodplain.

For the purposes of this RFP, watershed health is defined as water quality, fish and wildlife habitat, hydrology, floodplain restoration, and landscape resilience. Flood safety services are defined as reducing the risk of flooding, protecting persons and property from flood risk, improving response to flood emergencies and providing for conveyance of water for flood safety.

The Watershed Improvement Plan should consider the entire Columbia Slough watershed and identify actions, projects, and programs focused in the managed floodplain. The managed floodplain is the area within, on, and immediately adjacent to the levee system.

The District is especially interested in identifying opportunities for floodplain restoration and resilience projects, defined as conservation, enhancement, and restoration of natural features such as floodplains, channels, native vegetation, and wetlands, to slow and store floodwaters and improve flood safety outcomes, and contribute to improvements in water quality, fish and wildlife habitat, floodplain restoration, or landscape resilience.

The UFSWQD is one of many organizations that affect the water, landscape, and wildlife in this area. The cities of Portland, Gresham, Fairview, Wood Village, and Troutdale;

Multnomah County; Oregon Metro; and East Multnomah Soil & Water Conservation District also conduct work related to watershed health, as do non-profit organizations, community based organizations, and private companies. The watershed is unique in the prevalence of highly urbanized and industrial areas, critical regional infrastructure, and large natural areas. Native peoples have hunted, traded, and set up seasonal camps in the floodplain since time immemorial. A community of Indigenous people thrives in and around the floodplain today.

ORS550.260 requires that the Watershed Improvement Plan be completed by January 2028.

RFP No. S-Q10054-00012235 https://www.oregonlegislature.gov/bills_laws/ors/ors550.html

Outcomes Desired/Services Sought

The District would like to create a Watershed Improvement Plan that can achieve the following outcomes:

• Compliance with ORS 550, including the required components of the Watershed Improvement plan in ORS550.260 and reflecting all purposes in ORS 550.170(1).

• The Plan reflects a deep understanding of watershed functions, strengths, challenges, and opportunities. This understanding is built from scientific information, ecological principles, best practices for watershed planning, and the expertise of community, partners, board, and staff.

• A shared vision for the desired future condition of the watershed in which the flood safety system and watershed health are mutually supportive.

• A broad range of potential solutions and partnership opportunities to improve watershed health and flood safety. Solutions include actions, projects, and programs that contribute to improved watershed health and critical flood safety services.

• A set of priority solutions representing District and community priorities, including opportunities to conduct floodplain restoration and resilience projects.

• Planning-level scope and cost estimates for priority solutions that can be used to explore new partnerships, develop budget requests, and apply the District’s capital improvement prioritization process.

• Staff, board, partners, and community have accessible and engaging information about results of the planning process.

• Staff, board, partners, and community had multiple points of engagement and had the chance to see how their input was incorporated.

Procurement Method – Professional Services.

This RFP and any resulting Contract are governed by Oregon Law. The Services subject to this RFP may be Personal or Related Services as defined in ORS 279C.100.

Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and Administrative Rules of the Oregon Department of Administrative Services (OAR Chapter 125 Division 246 and OAR Chapter 125 Division 248). The RFP and resulting Contract may be subject to other laws and rules. The District is conducting this RFP in conformance with ORS 279C.110, OAR 125-248-0220.

Contract Term & Structure

This RFP and any resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and Administrative Rules of the Oregon Department of Administrative Services (OAR Chapter 125 Division 246 and OAR Chapter 125 Division 248). The RFP and resulting Contract may be subject to other laws and rules.

The District intends to enter a non-exclusive price agreement (see Attachment A for example agreement), with the selected proposer (also referred to as “Consultant” herein).

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

Performance Schedule

This schedule is approximate and will be adjusted collaboratively in developing the final workplan.

• January 2025: Release RFP

• April-May 2025: Kick-off with consulting team

• September 2025: Equity and engagement strategy

• March 2027: Draft report

• June 2027: Final report and communication products

• September 2027: Final board presentation

Funding Source(s)

These Services are funded by the District’s General Funds.

Method of Compensation

The District anticipates that the contract for the Services will be based on rates that will be negotiated with a consultant or consultant teams (following ORS 279C.110). Once negotiated, the contract will use time and materials payment terms with not-to-exceed amounts based on the District’s budgets.

Estimated Contract Not-to-Exceed amounts

Each contract resulting from the RFP is anticipated to be awarded with a Not-to-Exceed cap to be determined upon contract negotiations.

Timeline/Deadlines

ACTIVITY Dates Post RFP December 11, 2024

Pre-Submittal Meeting December 20, 2024 @ 11:00 am

Deadline for Questions/Clarifications January 8, 2025

Deadline for Addenda January 10, 2025

Proposals DUE January 28, 2025 @ 4:00 PM PST

Notice to Short List to Interview Phase February 17, 2025

Interviews March 3, 2025

Notice of Intent to Award March 5, 2025

Deadline for Filing Protest of Award March 12, 2025

Anticipated Board Approval March 20, 2205

Anticipated Contract Negotiation March 20, - April 1, 2025

Contract Kickoff April 15, 2025

The District reserves the right to deviate from this schedule.

3. RFP Clarifications and Protests; Addenda

a) Informal Questions or Requests for Clarification

Any proposer requiring clarification of the information provided in this RFP may submit specific questions or comments in the Q&A tab in OregonBuys. The deadline for submitting such questions is set forth in Section 2.9.

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

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

Trisha Schultz

Email: tschultz@urbanfloodsafetyor.gov

The deadline for submitting such protests is set forth in Section 2.9.

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, or questions answered via the Q&A tab posted on OregonBuys.

Those who have registered their interest in the solicitation through OregonBuys be notified of addenda via email by OregonBuys. Addenda will have the same binding effect as though contained in this 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.

e) Extension of Closing

The District may extend the proposal due date and time set forth in Section 1 if it determines an extension is necessary to consider and respond to a properly filed protest under this Section 1.

4. Scope of Work

Consultant or consultant teams will generally perform the following services as requested by the District. Requested services may vary on a task-by-task basis as identified in Attachment I:

Scope of Work.

5. Proposal Format, Content, and Submission

Proposal Format

District proposal standards:

a) Proposal includes a one-page cover letter as the first page of the proposal.

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

c) Proposal addresses all evaluation criteria in the order presented in Section 5.4.

d) Proposal may not exceed 12 pages in length. The page limit does not include cover or divider pages, reports, resumes, and required Attachments listed above. District reserves the right, in its sole discretion, to not review any part of proposals longer than 12 pages.

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

Attachments: Proposer Certifications and Representations

Each proposal will include a 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.

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.

Proposal Responses to Evaluation Criteria

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

Cover Letter (Pass/Fail)The Cover letter should address:

• RFP Title

• RFP number

• Proposer name/email address

• Proposer phone number/address

• the Proposer’s willingness and commitment, if selected to provide the services offered

• a brief description of why the Proposer believes it should be selected

• include the name individual(s) authorized to represent the Proposer with respect to the

RFP, Proposal, and any resulting contract negotiations

• identify if a redacted proposal is included for public records

• must include a statement that Proposer agrees to accept the terms and conditions of the contract provisions

• be signed by the legal representative of the Proposer’s entity authorized to bind the entity in contractual matters

Written Proposal Evaluation Criteria

1. Proposer Experience, Team Structure and Key Personnel and Qualifications

• Provide a brief profile describing the relevant experience, qualifications, and corporate and/or home office location of all key personnel and support staff that are expected to provide services associated with the proposal.

• List individual team members and subconsultant team members the Proposer proposes to assign to or utilize for the Services.

o Describe how subcontractors will be selected, utilized, and managed to complete the projects.

o Include a list or organization chart showing all key personnel and subconsultants and their proposed roles/disciplines.

o Provide hourly rates for all individuals expected to work on this contract from all firms named in the proposal.

o Provide any applicable experience and professional qualifications for each of the key personnel, and include a current resume for each (not to exceed 1 page each). (Note:

Resumes are not included in the Proposal page count).

Maximum Points Available: 25

2. Understanding of Requested Services, Approach, and Implementation

• Describe Proposer’s understanding of the intent and the requirements of the Services being requested in this RFP.

• Describe Proposer’s overall plan to complete the Services in support of the Project.

Maximum Points Available: 35

• Summarize the proposed team’s project management approach to complete this work. Include topics such as methods to meet work schedules and budgets, internal procedures to address work quality, and any adaptive/best management practices.

• Develop a proposed Statement of Work addressing all tasks in the Scope of Work (Attachment I).

o The Statement of Work should include and describe in sufficient detail all work and services required by the Scope of Work and should address all considerations and requirements described therein.

o As the District’s budget is undetermined, the Statement of Work should include the Proposer’s reasonable and realistic cost estimate for each task and the full cost to meet the Scope of Work. The Proposer can include 2-3 scenarios, if desired, to demonstrate alternate approaches and associated costs.

• Describe how your firm or team’s approach will provide good value to the District as a steward of public funds.

3. Experience and Work Samples Provide at least five (5) project examples that highlight successfully completed work related to the services outlined in the Scope of Work (Attachment I). For each project, include:

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

• All firms involved on the project. Each subconsultant on the Proposal shall be represented in at least one project.

• Roles that key personnel held within each project.

• At least two references including client name, title, role on project, email address, and phone number.

• Project timeline and cost.

Maximum Points Available: 30

4. Diversity, Equity, & Inclusion Values The District’s Local Contract Review Board (LCRB) item # 650(1); A District must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

Please provide responses to the following questions.

• How does your team integrate equity into its work?

• Provide examples that include how your team considers historic and existing inequities (i.e. race, age, gender, ability) in your services.

• How will your team help to advance the equity goals below as part of this contract? Provide examples of how you will address these goals.

o Nurture a diverse, inclusive, and creative workforce.

o Engage and collaborate with people who reflect the diversity of the communities the District serves to shape decision-making, programs, and policies that impact them.

o Provide leadership to advance equity through the delivery of

Maximum Points Available: 10 water infrastructure and flood safety services.

Total Points Available: 100

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 on page 1. Proposals not received by the due date and time will be considered late. District will reject all late proposals.

Proposals must be submitted to OregonBuys.

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 OregonBuys or the 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, but is not required, to cancel this RFP or extend the proposal due date and time.

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 above.

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. Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of Oregon public records law. When preparing their proposal submission, if the proposer requests redactions to their proposal, the proposer shall identify this in the Cover Letter and provide one (1) “Redacted for Public Disclosure” copy of the proposal in unprotected MS Word format with the requested redactions highlighted in yellow with their submission. The “Redacted for Public Disclosure” copy shall be a complete copy of the submitted proposal, in which all information that the proposer deems to be exempt from public disclosure has been identified. When exempt information is mixed with nonexempt information on the same page, the exempt information must be redacted in such a way as to allow the disclosure of the non-exempt information. If a proposer fails to submit a “Redacted for Public Disclosure” copy of their proposal as required, the District may release the proposer’s original proposal without redaction.

6. Proposal Evaluation and Award

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.

Site Visits/Informational Activities

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

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 not less than three individuals, will evaluate responsive proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria. 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.

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 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.

(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)

Evaluation Phase 2: Interview Evaluation (if required)

Further detail on specific criteria, weighting and point breakdown may be part of the information and instructions provided by the District at the conclusion of Phase 1.

(i) Each Evaluator from Phase 1 will score the interview evaluation criteria. 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.

Notification of Intent to Award

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

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.

b) At any time during negotiations, the District may terminate negotiations with the highest-ranked responsive proposer, or the next highest-ranked responsive proposer, 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.

Award of Contract

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

RFP.

7. Solicitation Terms and Conditions; Protest of Award

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.

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.

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.

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.

Proposal Validity

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

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.

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# ”

Address protest to:

Trisha Schultz, Procurement & Contract Specialist Email: Tschultz@urbanfloodsafetyor.gov

(5) All protests of Award must be in writing and physically received by the procurement official no later than 2:00 p.m.

on the deadline for submitting such protests set forth in Section 1, 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 137-048- 0240(3).

8. Contract Terms and Conditions

Contract Award and Term

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

District Contract

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

The successful proposer will be invited to enter into a contract in substantially the form attached hereto as Attachment A.

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.

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.

Engineering Services Price Agreement Approved 7.17.2024

ATTACHMENT A: SAMPLE CONTRACT

PROFESSIONAL SERVICES PRICE AGREEMENT

between

URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT

and

CONTRACTOR NAME

For

NAME OF SERVICE PROVIDED

Agreement Number: UFD-XXXX-XX-ESA

This Professional Services Price Agreement (“Agreement”) is made by and between the URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT, a municipal corporation of the State of Oregon ("District"), and [FULL LEGAL NAME OF CONTRACTOR] ("Contractor"), a _________ corporation by and through their duly authorized representatives, for (insert description of services).

This Agreement may refer to the District and Contractor individually as a “Party” or jointly as the “Parties”.

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”).

The total Compensation Cap amount under this Agreement shall be $____.

Recitals:

WHEREAS, to further its operations, the District desires to ________; and

WHEREAS, Contractor, in its Proposal dated ________ and submitted in response to the District’s RFP/ITB number ___________ represented that it has the knowledge, experience, and expertise in (identify what) and;

WHEREAS, the District selected Contractor based on its Proposal;

The Parties agree as follows:

TERMS AND CONDITIONS

1. Initial Information

a. Party Contacts. Contractor’s and District’s Point of Contact for this Agreement are:

Urban Flood Safety and Water Quality District Contractor:

Name: Name:

Title: Title:

Address: Address:

City, State: City, State:

e-mail: e-mail:

Copy to: Trisha Schultz/Nicole Handley Copy to:

Procurement Services tschultz@urbanfloodsafetyor.gov nhandley@urbanfloodsafetyor.gov

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

c. Contractor's Contract to Provide Services. Contractor agrees to provide the District with the Services described in Exhibit 1 (Statement of the Work) upon issuance of a Task Order from District identifying a specific project (a “Project”), scope of work, schedule, and price (a “Task Order”). District, however, has no 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 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, the Parties will create a Task Order for any Services as a prerequisite for any payment to the Contractor for Services.

d. Changes to Agreement.

1. Amendment of the Agreement. Any changes to the provisions of this Agreement shall be in the form of an Amendment. No provision of this Agreement may be amended unless such Amendment is approved and executed in writing by authorized representatives of the Parties.

2. Change Orders to a Statement of Work. The District and Contractor can agree to make changes, at any time to a Statement of Work or Task Order in the form of a Change Order.

Contractor agrees to timely alter the delivery of Goods or Services accordingly. If such changes materially increases Contractor’s obligations, the Parties shall execute an Amendment to the Agreement; the Parties shall negotiate in good faith a modified amount.

e.Payment for Work. The District agrees to pay Contractor in accordance with Exhibit 1.

RFP No. S-Q10054-00012235 mailto:tschultz@urbanfloodsafetyor.gov mailto:nhandley@mcdd.org f.Compensation Cap. Each Task Order will include a not-to-exceed budget for a Project, including reimbursable expenses (the “NTE Project Budget”). Each NTE Project Budget is subject to the 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, may not exceed the Compensation Cap.

g.Exhibits. This Agreement includes the following Exhibits:

Exhibit 1: Statement of Work, Compensation, and Invoicing Requirements Exhibit 2: Insurance Requirements Exhibit 3: Certification Statement for Corporation or Independent Contractor Exhibit 4: Key Personnel and Contractor’s Rate Schedule Exhibit 5: Contractor’s Proposal Exhibit 6: General Grant Funding Terms and Conditions Exhibit 7: Sample Task Order Exhibit 8: [Add any maps, Specifications, Drawings, etc.]

a. Contract Documents. A Contract is created by the District’s issuance, and the Consultant’s acceptance, of a Task Order. A Contract consists of the Contract Documents, which are as follows:

1. This Agreement;

2. A Task Order;

3. A proposal from the Consultant, as applicable, accepted in writing by District only to the extent that it sets out the scope of any Services and an agreed-upon NTE Project Budget. No terms or conditions of a proposal from Consultant (including but not limited to any proposal that may be included as an exhibit or attachment to this Agreement) are incorporated into a Contract or into this Agreement to the extent that they address matters that are the subject of this Agreement;

4. Drawings, specifications, and addenda issued before the execution of a Task Order;

5. Other documents incorporated by the terms of the Contract Documents; and

6. Amendments issued after execution of the Contract.

b. Order of Precedence. The terms of any document that forms a Contract are subject to the following order of precedence:

1. Terms of an Amendment issued after the execution of the Contract, provided that (1) the Amendment explicitly states that those terms amend specific terms of the Agreement or (2) the Amendment explicitly states that those terms (a) “have been negotiated between the Parties and take precedence over any different or conflicting terms in the Agreement” and (b) “apply solely to the Contract formed by execution of this Task Order and do not extend to any Contracts beyond this Task Order”;

2. Terms within a Task Order if the Task Order explicitly states that those terms (1) “have been negotiated between the Parties and take precedence over any different or conflicting terms in the

Agreement” and (2) “apply solely to the Contract formed by execution of this Task Order and do not extend to any Contracts beyond this Task Order”;

3. This Agreement (excluding its exhibits);

4. Amendments issued after the execution of the Contract;

5. Task Orders;

6. Exhibits to this Agreement;

7. Consultant’s proposal, if applicable;

8. drawings, specifications, and addenda issued before execution of a Task Order; and

9. Other documents incorporated by the terms of the Contract Documents.

2. Consultant’s Duties.

a. Consultant Representative. Consultant shall identify a representative authorized to act for Consultant on each Project as identified in Exhibit 4: Key Personnel. District has the right to review and approve any representative proposed by Consultant, which approval shall not be unreasonably withheld. Consultant shall not appoint a representative to whom District has reasonably and timely objected. Consultant shall not substitute representatives without District’s review and approval. Consultant acknowledges that this Agreement was awarded in part on the basis of the unique background and abilities of the key personnel and subconsultants identified by Consultant. Consultant shall not remove, re-assign, or replace key personnel without District’s prior written consent.

b. Subconsultants. Consultant shall identify by firm, name, and title, the primary subconsultants who will perform Services under a Contract as listed in Exhibit 4: Key Personnel. Consultant shall not engage or assign any person or entity to whom District has made a reasonable and timely objection. District has the right to review and approve any subconsultant substitutions proposed by Consultant. District shall not unreasonably withhold its review and approval of these substitutions. Upon District request, Consultant shall promptly provide copies of Consultant’s agreements with subconsultants.

c. Conflicts. Consultant represents that Consultant has no existing interest and shall not acquire any interest, direct or indirect, that would reasonably appear to interfere in any manner or degree with the performance of Services under this Agreement and that Consultant shall employ no person having such interest.

d. Insurance. Before beginning any Services, Consultant shall obtain and maintain for the duration of this Agreement all insurance coverages listed in Exhibit 2 (Insurance Requirements). Maintenance of insurance coverage is a material element of this Agreement and Consultant’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement, as required or when requested, may be treated as a material breach.

3. Scope of Consultant’s Services.

a. Legal and Policy Compliance. Consultant shall provide the Services described in detail in Exhibit 1 and specified within any Task Order in accordance with the terms of this Agreement, federal, state, or local law or ordinance, all regulations and administrative rules established pursuant to those laws, and all applicable District’s policies, procedures, rules, and other protocols that have been provided to Consultant. Consultant shall provide the Services so that each Project will be completed as expeditiously and economically as possible within the total budgeted cost to District and in District’s best interests.

b. Standard of Care. Consultant shall perform the Services with skill, care, and diligence in accordance with the standard of care applicable to such Services performed by recognized firms providing similar services in District and on projects similar to the Project. Consultant shall be responsible to District for all Services provided whether provided by Consultant or by subconsultants it engages.

1. All persons or entities providing Services under this Agreement shall be licensed as may be required by Oregon law.

2. Consultant shall rely on its professional judgment as to the accuracy and completeness of District-provided services and information. Consultant shall provide prompt written notice to District if Consultant becomes aware of any material deficiencies, errors, omissions, or inconsistencies in District services or information or if in Consultant’s opinion the Construction Cost Budget will not be sufficient to complete the construction as programmed.

c. Time is of the Essence. Time is of the essence in the performance of this Agreement and each Contract.

Upon execution of a Task Order, Consultant shall begin providing Services and shall complete its performance in accordance with the Contract. Consultant shall not be responsible for delay in performance to the extent those delays are caused by circumstances beyond Consultant’s reasonable control.

d. Additional Services. Consultant shall perform only the Services authorized by this Agreement and under an individual Task Order. Additional Services (as defined in Exhibit 1) will be compensated only as authorized in writing by District. District will not pay for Additional Services made necessary by Consultant or any subconsultant mistakes.

e. Approvals; Permits. Consultant represents that it and its subconsultants have expertise and working knowledge of the applicable approval and permit application requirements of any governmental jurisdiction and shall be responsible to provide the Services in the form and at the time required to obtain such approvals or permits. To the extent required by the Contract Documents, Consultant shall assist District in preparing and submitting any such applications and will execute such applications on District’s behalf. Consultant shall not execute such documents for District.

f. Independent Contractor. Consultant shall perform all Services as an independent contractor. Although District reserves the right to set the delivery schedule for the Services and to evaluate quality of completed Services, District cannot and will not control the means and manner of Consultant’s performance. Consultant is responsible to determine the appropriate means and manner of performing the Services. Consultant, Consultant’s employees, and any subconsultants are not “officers, employees, or agents” of the State of Oregon or District (as those terms are used in ORS 30.265) and shall have no authority to bind District for the payment of any cost or expense without District’s express written approval.

g. Other Service Providers. District reserves the right to enter into other agreements for work additional or related to a Project, and Consultant agrees to cooperate fully with these other contractors and with District personnel. When requested by District, Consultant shall coordinate its performance under this Agreement with such additional or related work. Consultant shall not interfere with the work performance of any other contractor or District employees.

4. District’s Duties.

a. Written Information. Unless otherwise provided for under this Agreement, District shall provide written information in a timely manner on requirements and limitations on a Project. This information shall include District’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements.

b. District Representative. District shall identify a representative authorized to act on its behalf for each Project on all of that Project’s matters. The District’s authorized representative will have the sole authority to make decisions for the District under a Contract.

c. Other Consultants. District shall coordinate the services of its own consultants with Consultant’s Services. Upon Consultant’s request, District shall furnish copies of the scope of services in the contracts between District and District’s consultants.

d. Surveys, etc. Except as otherwise specified in a Task Order, District shall provide surveys or other property descriptions to describe physical characteristics, legal limitations and utility locations for a Project site, and a written legal description of the site. The surveys and legal information will include, as applicable, grades and center lines of streets, alleys, pavements, and adjoining property and structures; locally designated floodplain; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, and public utility easements; encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions, and necessary data with respect to existing buildings, other improvements, and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. Consultant shall promptly review the information and notify District of corrections or additions required.

e. Site Access. District shall provide Consultant access to the Project site before Services begin and shall cause District contractors to provide Consultant access to their work wherever it is in preparation or progress.

5. Drawings, Specifications, and Other Documents.

a. Instruments of Service. Instruments of service (“Instruments of Service”) include drawings, specifications, and other documents, including those in electronic form, prepared by or on behalf of Consultant for District’s use with respect to a Project. Consultant will be deemed the author and owner of the Instruments of Service and may retain all common law, statutory, and other reserved rights, including copyrights.

b. Authorized Use. Consultant grants to District a nonexclusive, irrevocable, and perpetual license to use and reproduce Consultant’s Instruments of Service for purposes of constructing, using, and maintaining the Project. Consultant will obtain similar nonexclusive, irrevocable, and perpetual licenses from Consultant’s subconsultants consistent with this Agreement.