Watershed Improvement Plan RFP

Watershed Improvement Plan RFP

The Urban Flood Safety & Water Quality District seeks written proposals from qualified firms to develop a Watershed Improvement Plan.

URB
AN FLOOD SAFETY & WATER QUALITY DISTRICT
1880 NE ELROD DRIVE
PORTLAND, OR 97211
R
equest 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
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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
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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:
W
ATERSHED 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
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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
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• 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.
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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.

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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.


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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
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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.
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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) P roposal addresses all evaluation criteria in the order presented in
Section 5.4.
d) P roposal 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:
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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
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• 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
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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
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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.
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(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:
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(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
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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
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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.
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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.

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Engineering Services Price Agreement
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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”.

E
ffective 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;

W
HEREAS, the District selected Contractor based on its Proposal;

The Parties agree as follows:
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Engineering Services Price Agreement
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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.Pa yment for Work. The District agrees to pay Contractor in accordance with Exhibit 1.
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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. T his 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. Or der of Precedence. The terms of any document that forms a Contract are subject to the following
order of precedence:
1. Ter ms 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
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Engineering Services Price Agreement
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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. C onsultant 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. C onsultant 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 S ervices, 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. S cope of Consultant’s Services.
a. L egal 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
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expeditiously and economically as possible within the total budgeted cost to District and in District’s
best interests.
b. S tandard 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. Al l 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. T ime 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. C onsultant 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.
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Engineering Services Price Agreement
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4. District’s Duties.
a. Wr itten 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
propert