REQUEST FOR PROPOSALS #11-14 FOSTER CORRIDOR INVESTMENT

STRATEGY

Proposals Due: February 2, 2012 by 2:00 PM (Pacific)

Direct all questions and submit one (1) original, six (6) color photocopies, and one (1) electronic proposal (on CD-R or flash drive) to:

Daniel Spero, CPPB

Senior Contracts and Procurement Specialist Portland Development Commission

222 NW Fifth Avenue Portland, Oregon 97209

(503) 823-3291 (direct)

(503) 865-3738 (fax) SperoD@pdc.us (email)

http://www.pdc.us/ (www)

PDC encourages the participation of certified minority-owned, women-owned, and emerging small businesses in this contract opportunity.

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RFP TABLE OF CONTENTS

SECTION PAGE NO.

1.0 Request for Proposals Summary and Schedule 3

2.0 PDC and Project Background 4

3.0 Work Requirements [See EXHIBIT C, page 30] 7

4.0 Contract Requirements 7

5.0 Submittal Requirements and Evaluation Criteria 9

6.0 Conditions of this RFP 14

7.0 Terms of the Contract 18

8.0 About the FLIP Project Team 23

9.0 Proposer Certification 25

LIST OF EXHIBITS

EXHIBIT A. Study Area Maps

EXHIBIT B. Past Planning Efforts

EXHIBIT C. Statement of Work

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1.0 REQUEST FOR PROPOSALS SUMMARY AND SCHEDULE

1.1 REQUEST FOR PROPOSALS DATA AND CONTACT INFORMATION

Request for Proposals Title: Foster Corridor Investment Strategy Solicitation Number: RFP # 11-14

Solicitation Coordinator: Daniel Spero, CPPB; Sr. Contracts and Procurement Specialist Contact Information: (503) 823-3291 (direct)

(503) 865-3738 (fax) SperoD@pdc.us (email)

Proposal Delivery Location: Portland Development Commission Attn: Daniel Spero, Professional Services 222 NW 5th Avenue Portland, OR 97209

1.2 SUMMARY

Through this Request for Proposals (this “RFP”), the Portland Development Commission (“PDC” or “we”), the economic development and urban renewal agency for the City of Portland, Oregon (the “City”), on behalf of the City’s bureaus of Environmental Services (“BES”), Transportation (“PBOT”), Planning and Sustainability (“BPS”), and Parks and Recreation (“PPR”) as well as the Portland Sustainability Institute (“PoSI”) and Foster Green – together, the “Foster-Lents Integration Partnership” or “FLIP” (see Section 8.0 for additional information) – invites qualified and experienced firms or teams (“Proposers” or “you(r)”) to submit a competitive proposal to create the Foster Corridor Investment Strategy (the “Strategy” or “project”). The Strategy is envisioned as a comprehensive investment strategy that will result in recommendations for integrated public investments to revitalize neighborhoods in outer southeast Portland, Oregon.

1.3 SCHEDULE OF SOLICITATION AND CONTRACT AWARD EVENTS

PDC reserves the right to change the following schedule for any reason.

Request for Proposals Issued January 12, 2012

Pre-Proposal Meeting Not Applicable

Deadline for Questions and Requests for Changes January 24, 2012

PROPOSAL DUE DATE AND TIME (no later than) FEBRUARY 2, 2012

by 2:00 PM (Pacific Time)

Notice of Intent to Award, Issued (tentative) February 13, 2012

Deadline for Protest of Intent to Award Seven (7) calendar days after Notice of

Intent to Award is released

Contract Effective Date (anticipated) February 27, 2012

PDC may make a courtesy effort to contact interested parties that this schedule has changed, but interested parties are ultimately responsible for being aware of PDC’s changes to the RFP by checking the appropriate RFP folder on the PDC website at www.pdc.us/bids (under “Open Public Bid Opportunities”).

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2.0 PDC AND PROJECT BACKGROUND

2.1 PROJECT SUMMARY

PDC is issuing this RFP to select a Consultant to provide consulting services for the Foster Corridor Investment Strategy (“Strategy”). The Strategy will provide a coordinated, prioritized, and implementable set of actions for the Foster-Lents Integration Partnership (“FLIP”). FLIP is collaboration among public agencies, community groups, and private sector partners working individually and together to improve economic, environmental, and social conditions in the Lents, Foster-Powell, Mount Scott-Arleta, and Powellhurst-Gilbert neighborhoods.

Focusing on the Foster Corridor from SE 52nd Avenue to SE 122nd Avenue (the “Study Area,” see also the Study Area maps in EXHIBIT A and the list of related planning efforts in EXHIBIT B), this work outlines development of a sustainable infrastructure and neighborhood economic development strategy to guide stakeholders and investors, that (a) reflects the views and values of residents and businesses within the project area; (b) demonstrates the technical, regulatory, and financial feasibility of selected approaches and projects; (c) identifies investments that catalyze additional investments; and, (d) results in a coordinated sequence of projects and actions.

In summary, the Strategy will create a high impact, long-term investment plan that identifies projects, funding sources, partnerships, and actions that stimulate infrastructure improvements, economic development, and redevelopment in the Foster Corridor. The strategy will focus on and integrate actions in these primary areas:

Urban form and parks and recreation

Multi-modal transportation systems

Economic development

Flood mitigation and floodplain restoration

The Strategy will also support implementation of the Foster Green EcoDistrict and PDC’s Neighborhood Economic Development (“NED”) Strategy. The Foster Green EcoDistrict is a concurrent initiative, led by the Portland Sustainability Institute (“PoSI”) and public partners, building capacity in the neighborhood to set goals, develop a roadmap for action, and implement projects to become a sustainable neighborhood. The Strategy will place significant emphasis on the involvement of communities of color, lower-income people and neighborhoods, and communities that have language and other cultural barriers to participation.

2.2 OVERVIEW OF APPROACH AND METHODOLOGY

The Strategy will be developed through a collaborative and integrated design process; each potential system improvement – whether for parks, transportation, economic development, or the Johnson Creek floodplain – will be considered in relation to the other systems. To the extent possible, the Strategy will seek to capitalize on synergies between urban systems improvements to maximize benefits for those living and doing business in the study area. The Strategy will also explore ways to leverage opportunities for funding, coordination, and economies of scale. Potential actions will be evaluated for their benefits to the project area and surrounding communities.

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Developing the Strategy will be a joint effort between the Consultant, FLIP team members, and the community, through complementary and shared activities and responsibilities. A foundation of data gathering, developing baseline data, and project set-up activities will be provided by City agencies. FLIP will work in collaboration with the Foster Green EcoDistrict Steering Committee, which will assign two members to participate in the FLIP project working group. The Foster Green Steering Committee will also lead the development and implementation of the public engagement component of this project and will integrate this project’s planning process and final strategy with ongoing EcoDistrict activities.

The Statement of Work for the project, detailed in EXHIBIT C of this RFP, is summarized here:

2.2.1 Task 1 – Project Management. The Consultant’s work will begin with a kick-off meeting with the FLIP team to review the scope, schedule, roles and responsibilities, communications protocols and expectations – particularly around how to manage potential changes in the project goals, desired outcomes or scope of work – followed by preparation of a Project Management Plan.

2.2.2 Task 2 – Public Involvement. Concurrent with the kick-off workshop, the FLIP and Foster Green will draft a Public and Stakeholder Engagement Plan. The Plan will address: who needs to be involved and engaged, through what means, at what points and frequency during the project; decision-making process; identification of stakeholders to interview; meetings and events; and roles and responsibilities of the Consultant and others. The Public Involvement and Stakeholder Engagement plan will produce materials and opportunities in multiple languages and engage cultural communities in appropriate and effective outreach.

2.2.3 Task 3 – Project Foundation. This task sets the stage for analysis and scenario development, and establishes baseline information collected by FLIP and the findings of the EcoDistrict Assessment (draft, not currently available). The Consultant will use this baseline information to gain an understanding of the existing conditions and interrelationships between different systems. This task also involves developing a framework diagram, guiding principles, and measures of success for evaluating future proposals.

2.2.4 Task 4 – Preliminary Technical Analysis. In this task, the project builds upon the Task 3 assessment of existing conditions to explore opportunities and challenges and identify preliminary recommendations to improve key systems in the Study Area. The work products include a set of draft reports and summaries that will be shared with the public and that will be refined in the tasks that follow. This work provides the necessary findings to develop integrated strategies and actions in Task 5.

2.2.5 Task 5 – Draft Integrated Framework. In this task, the project team moves from analyzing specific system issues and strategies separately to examining the issues through an interdisciplinary assessment process. This task will integrate the system-specific work done in Task 4 to test the range of options and identify a set of projects that produce the most beneficial outcomes for the study area. The work of this task will be used to provide detailed and specific investment decisions in Task 6.

2.2.6 Task 6 – Investment Portfolio: Revised Strategies. Based on the outcomes of Task 5, this task provides greater detail and conceptual design for system improvements and provides a basis for developing a Revised Integrated Framework and associated

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investment portfolio. A contingent task would revise the framework to identify costs and benefits including economics, health, and ecosystem services (if authorized; see the detail of Task 6 in EXHIBIT C of this RFP). The framework will be supported by a set of project sheets that describe the conditions necessary to start each project, anticipated outcomes, and an assessment of how each furthers the Draft Integrated Framework. Together these sheets form the project’s investment strategy.

2.2.7 Task 7 – Draft Investment Strategy. This task brings together previous work on the baseline analyses, technical analyses, strategy development, and framework development to evaluate, prioritize, and sequence actions and the partnerships needed to develop short-term and long-term “roadmaps for action” for the Foster Corridor.

2.2.8 Task 8 – Final Investment Strategy. In this task, draft final products will be assembled for review and presentations will be made to elected and appointed officials. Following the review and presentations, final products will be prepared and delivered to FLIP.

The work is expected to be completed over a period of approximately twelve months with an adoption process to immediately follow the technical and engagement portions.

2.3 RFP BACKGROUND

In January 2010, PDC – in collaboration with its project partners (PBOT, BPS, PPR, BES and PoSI) – developed a grant proposal for what would help fund the Strategy. With grant funding secured, and with additional budget from some FLIP team members, PDC issued Request for Proposals #10-19 in January 2011 to identify a consultant team to create a work plan (or Phase 1) to guide the creation of the Strategy (Phase 2).

The Phase 1 work was awarded to and completed by Otak (with a consultant team that included Mithun, Communitas, ECONorthwest, Johnson Reid, Nelson\Nygaard, Parametrix, Interface Engineering, and URS). Most of the work created under that contract, with additional refinement and development, is included in Sections 2.1 and 2.2 of this RFP as well as the attached EXHIBIT C. Additionally, see the Meeting Minutes for the June 17, 2011 Discovery Meeting in the folder for this RFP on the PDC website, www.pdc.us/bids.

While PDC had the option to implement Phase 2 of the Strategy with Otak, FLIP is seeking an additional round of competition for the Phase 2 work. While key sections of this RFP were prepared by consultants, PDC has made every effort to ensure the requirements allow for an open, fair, and objective competitive process. All parties interested in this RFP should know that neither Otak, nor any of the subconsultants, are performing any work related to the project at this time and that all responsive proposals will be reviewed and considered in a fair and impartial manner.

2.4 CONSULTANT TEAM COMPOSITION

The prime consultant is expected to assemble an experienced, multidisciplinary team that is committed to a creative and collaborative process. Team members must have expertise in strategic planning, project management, urban design, landscape architecture, land use analysis and planning, ecological design and engineering (including hydrology, and natural resource, habitat and floodplain restoration), public participation, economic development, transportation analysis and planning, district-wide utility systems analysis, development feasibility, brownfield analysis, and as well as sustainable design and development technologies and practices.

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PDC is not requiring that each skill be represented by a different consultant or subconsultant, only that the resource exists within the team. Team composition may vary according to proposals, with a mix of local, regional, and national experience being the most desirable. All teams must have at least one local representative with offices in the Portland metropolitan region.

3.0 WORK REQUIREMENTS See EXHIBIT C of this RFP for the Statement of Work and general project schedule.

4.0 CONTRACT REQUIREMENTS

4.1 FORM OF AGREEMENT

The Proposer selected from this RFP (the “Consultant”) will be invited to enter into a Personal Services Contract with PDC (the “Contract”). The terms and conditions that will govern the Contract can be found in Section 7.0 of this RFP, “Terms of the Contract.” PDC reserves the right to modify any Contract term or condition prior to execution of the Contract. The Contract will become effective upon execution by both parties; commencement of work will be ordered upon PDC’s issuance of a Notice to Proceed to the Consultant.

4.2 COMPENSATION AND PAYMENT

The “Not to Exceed” value of the Contract will be based on the sum of all proposed costs and expenses, as may be subject to reasonable negotiations between the selected proposer and PDC. See Section 5.6 on how pricing may be proposed and payments made. PDC PAYMENT TERMS: NET 30 DAYS. Any subsequent change to the contract amount(s), scope, and/or Contract term will be implemented by written amendment to the Contract, prepared by PDC.

4.3 CONTRACT BUDGET AND TERM

PDC’s budget for the Contract is approximately $250,000 to $300,000. The initial term of the Contract will be for a period of approximately twelve to fifteen (12-15) months which may be extended upon the mutual written agreement between the parties to the Contract.

4.5 CONTRACT COMPLIANCE

The Consultant must comply with the following requirements before PDC will execute the Contract with that firm:

4.5.1 Authority to Transact in Business in Oregon. Be a legal entity that has the authority to transact business in the state of Oregon.1

4.5.2 Portland Business License. Obtain a city of Portland Business License.2

4.5.3 Equal Employment Opportunity (EEO). Certify as an EEO employer.3

4.5.4 Insurance Requirement. Comply with Section 4.6 below.

1 http://www.filinginoregon.com/business/index.htm

2 http://www.portlandonline.com/omf/index.cfm?&c=29554

3 http://www.portlandonline.com/omf/index.cfm?&c=45665

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Fulfilling the requirements listed in this section is NOT a condition to respond to this RFP and apply only to the selected Proposer.

4.6 INSURANCE REQUIREMENTS

Prior to execution of the Contract, Consultant must provide PDC with certificates of insurance consistent with the following:

4.6.1 Workers' Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for their subject workers. This coverage is required of contractors with one or more employees, unless exempt under ORS 656.027.

4.6.2 General Liability (GL) insurance with a combined single limit of not less than $1,000,000, on an occurrence basis, for bodily injury and property damage. This type of insurance shall provide contractual liability coverage for the indemnification required under the Contract. Additionally, “The Portland Development Commission, the City of Portland and each of their respective officers, agents and employees” must be named as Additional Insured with respect to the Consultant’s services to be provided under the Contract.

4.6.3 Automobile Liability insurance with a combined single limit of not less than $1,000,000, per occurrence, for bodily injury and property damage, including coverage for owned, hired, or non-owned vehicles, as applicable.

4.6.4 Professional Liability (aka “Errors and Omissions”) insurance with a combined single limit of not less than $1,000,000 for liability claims arising from or due to the negligence in the performance of professional services under the Contract.

4.6.5 Tail Coverage. For Professional Liability written on a “claims made” basis, and for any other required insurance provided on a “claims made” basis, “tail” coverage will be required at the completion of the Contract for a duration of twenty four (24) consecutive months. In lieu of “tail” coverage, continuous “claims made” liability coverage for a term of twenty four (24) consecutive months immediately following the completion of the Contract will be acceptable to PDC, provided the retroactive date of the coverage is on or before the effective date of the Contract.

The certificate(s) should be sent to the attention of the Solicitation Coordinator identified in Section 1.1 of this RFP. Insuring companies or entities are subject to PDC’s acceptance and must be licensed to provide insurance in the state of Oregon. Consultant’s insurance shall be primary, and any commercial insurance or self-insurance maintained by the City of Portland and/or PDC shall not contribute to it.

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5.0 SUBMITTAL REQUIREMENTS AND EVALUATION CRITERIA

Proposals submitted in response to this RFP will be evaluated using the following Submittal Requirements and Evaluation Criteria. To facilitate evaluation, include a “Table of Contents” and organize your proposal in the order of the sections below. Except for the “Sustainability of Proposal” criterion (Section 5.8), all submittal requirements listed below are MANDATORY must be addressed in sufficient detail to demonstrate your understanding of the work described in this RFP. PROPOSALS THAT DO NOT ADDRESS ALL MANDATORY SUBMITTAL REQUIREMENTS WILL BE DEEMED NON-RESPONSIVE TO THIS RFP AND WILL NOT BE CONSIDERED FOR CONTRACT AWARD.

Page Limit. PDC has not specified a page limit for proposals; however, we expect to receive proposals that are thorough, but also concise without unnecessary content.

5.1 COVER LETTER

Provide a summary of your proposal in a one or two-page cover letter. This cover letter should include the following:

5.1.1 A brief history of your firm and the services your firm proposes to provide PDC

5.1.2 Any subcontractors or subconsultants that will be working on the Project (including a brief description of their role)

5.1.3 The name, mailing address, phone number, and email address of your primary point of contact for this RFP

5.1.4 Finally, if your proposal is printed on recycled paper, state the post-consumer waste recycled paper content of the proposal (see “Sustainability of Proposal” section below); if no recycled paper content is listed in the cover letter, we will assume it is 0%

5.2 QUALIFICATIONS AND EXPERIENCE OF YOUR CONSULTANT TEAM

Provide a description of the experience your firm (the lead/prime firm) and those on your proposed team (subconsultants), together the “Consultant Team,” have in providing services similar to those described in this RFP. For this section also include:

5.2.1 Number of years each member of your Consultant Team has been in operation, general scope of services each provides (including principal areas of expertise), and current number of employees

5.2.2 Demonstrated experience with strategic planning in an urban context, whole-system thinking, and urban infrastructure analysis

5.2.3 Demonstrated experience planning and/or designing green infrastructure systems and economic development investments

5.2.4 Demonstrated experience in researching, structuring, and assigning funding sources and streams for urban infrastructure and economic development-related projects

5.2.5 Description of experience Consultant Team members have in working together, especially on projects similar to those described in this RFP

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5.2.6 List similar services your firm and/or any firm in your proposed Consultant Team has provided to other public agencies

5.2.7 An organization chart of the proposed Consultant Team, including any relationships to parent companies

See also Section 2.4 of this RFP for our expectations of the anticipated Consultant Team’s composition.

5.3 QUALIFICATIONS AND EXPERIENCE OF THE KEY PERSONNEL

Provide the following information on the personnel proposed to work on the Strategy:

5.3.1 In one page or less, provide a short but complete profile of each individual proposed to perform specified tasks under the Contract (the “Key Personnel”), including information on their work history, education, key responsibilities on past projects, and relevant professional licenses and certifications.

5.3.2 A description of your Project Manager’s experience with similar projects

Key Personnel are expected to be available for the duration of the Contract term. The removal, substitution, or addition of the Key Personnel will be subject to PDC’s written approval.

5.4 PREVIOUS RELATED PROJECTS AND PROJECT REFERENCES

5.4.1 Previous Related Projects. Provide a list of no more than five (5) past projects involving work similar to that described in this RFP. For each project, provide the following:

A short summary of the project, highlighting scope and other similarities

Key personnel involved and their responsibilities

Work products generated

Approximate delivery timeline

No more than one of the projects listed may be work performed for PDC.

5.4.2 Project References. For at least three (3) of the projects listed in the preceding section, supply reference information for PDC to contact regarding the quality of your firm’s work as well as cost, scope, and schedule control. References may or may not be contacted. For each reference, include the name of the client and a contact name with phone number and email address.

5.5 PROJECT VISION AND UNDERSTANDING

The information presented in Section 2.2 and EXHIBIT C of this RFP outline FLIP’s current approach to completing the Strategy.

5.5.1 Project Execution. Explain how you will satisfy the requirements of the Contract, including which personnel and subconsultants will be assigned to particular tasks and subtasks. Comments and suggestions for improvements on the approach and scope of work are welcome. Input may be provided on the tasks, project schedule (including the time allotted to complete portions of the work), opportunities to obtain efficiencies and combine activities or work products, or ways of encouraging

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participation from private businesses and the community. Finally, list any additional PDC or FLIP resources that are necessary to complete the project.

5.5.2 Project Management Approach. Describe the overall management approach you will take to the Project and tasks required in the Statement of Work, including management objectives and techniques that demonstrate how the work will be performed efficiently and completed on time and within budget.

PDC encourages creativity and innovation for all aspects of your proposed project vision and execution.

5.6 FEE PROPOSAL

Propose the estimated cost to effectively complete the work and requirements described EXHIBIT C of this RFP, including Consulting Fees (Section 5.6.1) and reimbursable costs (Sections 5.6.2 and 5.6.3).

5.6.1 Consulting Fees. PDC anticipates that payment of consulting fees will be based on a time and materials (“T&M”) payment model, using an established schedule of hourly rate and payable on the basis of work performed. If this is the case, include a table listing the hourly rates by name and title for each Key Personnel proposed, or by role or title alone for unnamed personnel. The consulting fee table must be broken down by each task in the Statement of Work. For each task, estimate the total cost by factoring the hourly rates of personnel by the number of hours of each Proposer personnel is anticipated to complete each task, plus any reimbursable costs (see Sections 5.6.2 and 5.6.3 below).

While PDC anticipates that payment of the consulting fees will be based on a T&M payment model, you may propose pricing using any desired model, including: (a) services provided for a fixed price (e.g., by deliverable, activity, or task); (b) services provided on a T&M basis; (c) services provided using a combination fixed prices and T&M; or (d) some other method of payment. Regardless of the manner you choose to propose pricing, you must provide sufficient information to allow PDC to estimate and negotiate the total contract price for all services to be provided, including key assumptions made. If payment for services is proposed in a model different than T&M, then see the following:

If some or all services will be provided for a fixed price, identify the services to be provided in this manner as well as the cost, conditions for payment and the names/titles of each Key Personnel proposed to perform those services

If some or all services will be provided using a combination of fixed prices and T&M, identify those services, a break-down of costs as well as the names/titles of each Proposer personnel proposed to perform those services

Identify any other anticipated expenses, direct or indirect, that will affect cost

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While some tasks are noted as “Contingent Tasks” in EXHIBIT C, for purposes of this RFP, Proposers are to assume those tasks are outside the scope of the Project. If PDC chooses to engage the Consultant to complete any contingent task, fees will be negotiated, the Contract amended, and written notice to proceed will be given to the Consultant by PDC to initiate all such work.

5.6.2 Reimbursable Expenses. Quote the price of any direct or indirect reimbursable expenses, including travel expenses (see 5.6.3 below) and those of subcontractors or subconsultants. State whether reimbursable expenses will be billed at cost or at cost plus a mark-up percentage. The maximum mark-up rate that can be applied to reimbursable expenses (including subcontractor costs) must not exceed 10%.

5.6.3 Travel Expenses. If travel will be required to complete services under the Contract, propose a summary of such travel. This summary must include: (a) destination(s); (b) name(s) and/or title(s) of Key Personnel traveling; (c) travel days, plus days onsite; (d) method of local travel; (e) cost per personnel; and, (f) total estimated travel cost.

Consultant must receive prior authorization from PDC for all travel. Except for meals, Consultant must supply copies of receipts to support expense reimbursement. PDC will reimburse Consultant’s travel expenses only when travel is essential to perform the contracted work. Consultant shall conduct all travel in the most cost-efficient and cost-effective manner, resulting in the best value to PDC and the public. As such, limit proposed travel expenses in the following manner:

Airfare must be calculated at the most cost-efficient round-trip economy/coach class rate

Airport parking will be reimbursed at the long-term or economy lot rate for that airport

Hotel stay must be at a moderate standard room rate

Rental vehicles must be limited to economy or compact-sized rented vehicles*

Meals and incidental expenses must be calculated using the current U.S. General Services Administration (“GSA”) per diem rate for Portland, Oregon with the first and last day of travel prorated as follows:

o Breakfast: 25%

o Lunch: 25%

o Dinner: 50%

Automobile travel using Key Personnel’s privately-owned vehicles (“POV”) to and from an airport will be reimbursed at the current GSA rate for POVs and the lesser of: (a) the distance from the Key Personnel’s residence to the airport or (b) the distance from the Key Personnel’s place of business to the airport; local ground travel using Key Personnel(s)’ POV will be reimbursed at the same rate

Travel costs will be reimbursed at direct cost (i.e. without mark-up)

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* Proposers should note that Portland, Oregon has an excellent regional public transit system4, including light rail transportation from the Portland International Airport (PDX) to downtown Portland. PDC strongly encourages the use of public transportation for all local transit in the performance of work under the Contract.

5.6.4 General Pricing Instructions

For services provided on a T&M basis:

o Hourly rates must be firm, do not provide a range of hourly rates

O Hourly rates must include all wages, indirect personnel costs, general and administrative expenses, and profit

Proposed fee schedules will be compared to fee schedules proposed by competing firms and compared with information regarding current market costs for comparable services

All unspecified costs shall be borne by the Consultant

5.7 PROMOTION OF M/W/ESB FIRMS IN SUBCONTRACTING OPPORTUNITIES

PDC seeks to extend subcontracting opportunities to State of Oregon-certified Minority Business Enterprises, Women Business Enterprises, and Emerging Small Businesses (collectively, “M/W/ESB firms”) in order to promote their growth, capacity-building, and economic success. Proposers must address the following in their proposal:

Provide a narrative description of your firm’s experience in promoting the participation and utilizing of M/W/ESB firms as partners, subcontractors, and/or suppliers on previous projects

Discuss any innovative or particularly successful methods that your firm has undertaken to provide business opportunities to M/W/ESB firms

If applicable, list any M/W/ESB firms that will be used as subcontractors or subconsultants on the Contract, including their M/W/ESB certification number (http://www4.cbs.state.or.us/ex/dir/omwesb/)

We encourage you to do one or more of the following to find M/W/ESBs for your projects:

Find M/W/ESB firms at http://www4.cbs.state.or.us/ex/dir/omwesb/

Attend an Oregon Association of Minority Entrepreneurs (OAME) A&E / Contractors meeting. Visit the OAME website at http://www.oame.org/

Contact PDC’s M/W/ESB Coordinator, John Classen, at (503) 823-3667 or visit our website (http://www.pdc.us/mwesb/default.asp) to learn about resources available to assist you in identifying potential M/W/ESB subcontractors or subconsultants

4 http://trimet.org/

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5.8 SUSTAINABILITY OF PROPOSAL

PDC values and is committed to practices that satisfy present needs without compromising the ability of future generations to meet their needs. Accordingly, the materials and methods used to submit a proposal in response to this RFP should meet or exceed the following requirements:

Your proposal should be printed on double-sided paper using a minimum of 40% post-consumer waste recycled paper

Your proposal should NOT be submitted in a ring binder or use section dividers, plastic or metallic spines, or any other extraneous presentation materials

In the cover letter, state the post-consumer waste recycled paper content of your proposal. You are not otherwise required to respond to this section in writing.

5.9 PROPOSER CERTIFICATION

Complete and return Section 9.0 of this RFP, “Proposer Certification,” with your proposal.

SUMMARY OF SUBMITTAL REQUIREMENTS AND EVALUATION CRITERIA FOR THIS RFP

EVALUATION CRITERIA (SCORED) MAX. POINTS

Qualifications and Experience of Your Consultant Team (Section 5.2) 20 Points Qualifications and Experience of the Key Personnel (Section 5.3) 20 Points Previous Related Projects and Project References (Section 5.4) 25 Points Project Vision and Understanding (Section 5.5) 30 Points Price Proposal (Section 5.6) 20 Points Promotion of M/W/ESBs in Subcontracting Opportunities (Section 5.7) 20 Points Sustainability of Proposal (Section 5.8) 5 Points

Total Available Points 140 Points

NON-SCORED SUBMITTAL REQUIREMENTS

Cover Letter (Section 5.1) Not Scored Proposer Certification (Section 5.9) Not Scored

6.0 CONDITIONS OF THIS RFP All proposals submitted in response to this RFP are subject to the conditions of this RFP. All matters not specifically addressed in this RFP or the Contract will be governed by PDC’s Local Contract Review Board Administrative Rules as well as applicable Oregon Revised Statutes (ORS) and other rules pertaining to procurement and contracting at PDC.

6.1 Reservation of Rights. PDC, in its sole discretion, reserves the right to modify any matter contained in this RFP; cancel or suspend this RFP or to reject any or all proposals received in response to this RFP in accordance with ORS 279B.100; decide whether a proposal does or does not substantially comply with the submittal requirements and procedures described in this RFP; waive minor informalities of any proposal; obtain clarification or additional information to properly evaluate a proposal; obtain references regarding any Proposer’s past performance from any source; and negotiate a contract with the successful Proposer. Neither issuance of this RFP nor evaluation of any proposal(s) obligates PDC to award a contract from this RFP.

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6.2 Proposal Preparation and Submission Instructions

6.2.1 Quantities of Proposals. Proposers must submit the following materials which must be received by PDC at the proposal delivery location listed in Section 1.1 of this RFP no later than the “Proposal Due Date and Time” listed in Section 1.3 of this RFP:

One (1) original proposal

Six (6) color photocopies of the same pages

One (1) electronic copy on CD-ROM in either Adobe Acrobat or MS Word

THE ORIGINAL PROPOSAL MUST BEAR AN ORIGINAL INK SIGNATURE AND MUST BE MARKED “ORIGINAL.”

6.2.2 Packaging and Labeling. Proposals must be submitted in a sealed package or envelope. To ensure proper identification and handling, the package or envelope must be clearly marked with the following:

RFP Solicitation Number

Proposer’s name and address

Date and time proposals are due

Name and address of PDC’s Solicitation Coordinator for this RFP

PDC IS NOT BE LIABLE FOR ANY LOST, LATE, OR IMPROPERLY MARKED PROPOSALS.

6.2.3 Form of Proposal. Proposals must be typewritten on 8.5” x 11” white paper in no less than 11-point typeface. NO ORAL, EMAIL OR FACSIMILE PROPOSALS WILL BE ACCEPTED. Proposals should address the submittal requirements of this RFP in a clear, concise, and direct manner. Unnecessarily elaborate or lengthy proposals are not desired.

6.3 Sole Point of Contact. After this RFP has been issued and before the Contract is in effect, direct

all questions, comments, and requests for changes regarding this RFP or the anticipated contract to the Solicitation Coordinator identified in Section 1.1 of this RFP.

6.4 Pre-Proposal Meeting. A pre-proposal meeting is not scheduled for this RFP.

6.5 Preparation Costs. Proposers responding to this RFP do so at their own expense and PDC will

not reimburse any expenses incurred by Proposers in the preparation or submission of a proposal to this RFP; including costs associated with any meeting, demonstration, interview, or subsequent negotiations that may be requested or required.

6.6 Questions and Requests for Changes to this RFP. All material questions and requests for

changes to any matter contained in this RFP must be submitted in writing to the Solicitation Coordinator identified in Section 1.1 of this RFP. Questions and requests for changes may be sent by email (preferred), mail, or fax and must contain the following:

RFP solicitation number and title

RFP section being questioned

Specific question or request for change

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All such questions and requests for changes must be submitted to the Solicitation Coordinator no later than 2:00 PM (Pacific Time) on the “Deadline for Questions and Requests for Changes” listed in Section 1.3 of this RFP.

6.7 Clarification and Changes to this RFP. All material clarifications and changes to any matter

contained in this RFP will be issued in the form of a written addendum to this RFP. Unless otherwise stated, Proposers are not required to return addenda with their proposal; however, Proposers are responsible for making themselves aware of, obtaining, and incorporating any changes made in any addendum into their final proposal. Failure to do so may cause the Proposer’s proposal to be rejected.

Up to the date and time proposals are due, it is the responsibility of all parties interested in this RFP to refer frequently to PDC's Contract Opportunities website (www.pdc.us/bids) to check for any addenda that have been issued for this RFP. PDC may make a courtesy effort to notify interested parties that an addendum has been issued for this RFP; however, interested parties are ultimately responsible for being aware of addenda issued by PDC and modifying their proposal accordingly.

6.8 Restrictions on Communications. Proposers must not communicate with members of the Evaluation Committee, the PDC Board of Commissioners or any PDC employee not specifically named in this RFP, except upon invitation by PDC in a formal interview by the RFP Solicitation Coordinator. Doing so may be cause for proposal rejection. PDC will not hold “one-on-one” meetings with any interested party during the RFP process outside of a formal interview.

6.9 Section Headings. The section headings and titles used in this RFP are for convenience only and

in no way modify the scope or intent of any provision contained in this RFP.

6.10 Public Records and Disclosure. All proposals submitted in response to this RFP will become the property of PDC and will be subject to disclosure pursuant to the Oregon Public Records Law (ORS 192), except those portions of a proposal that a Proposer requests exemption from disclosure consistent with ORS 192. Any portion of a proposal that a Proposer claims to constitute a “trade secret” must meet the requirements of ORS 192.501(2) and be easily separable from the proposal to facilitate review of the non-confidential portion of the proposal. All such sections in a proposal must be CLEARLY AND CONSPICUOUSLY marked with the following:

"This information constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with Oregon Public Records Law, ORS 192."

If a Proposer marks every page or includes a blanket statement that the entire proposal is “Confidential” or “Proprietary,” the statutory requirement is not met and any proposal marked that way will not be deemed to have been submitted in confidence. Upon request, the entirety of such a proposal will be disclosed. PDC will take reasonable measures to hold in confidence all proposal contents marked in the way described above, but shall not be liable for the release of any information when required by law or court order, whether pursuant to ORS 192 or otherwise. After award, the Contract between PDC and the successful Proposer will be a public document and no part of the Contract can be designated as “Confidential.” Unless this RFP is cancelled, proposals and evaluation results will not be made a part of the public record until PDC has issued its Notice of Intent to Award.

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6.11 Information Submitted. It is the sole responsibility of each Proposer to submit information related to the submittal requirements contained in this RFP and PDC is under no obligation to request additional information if it is not included within your proposal. However, PDC may (a) request Proposers submit additional information during or after the proposal evaluation period; or (b) overlook, correct, or a require Proposer to correct any obvious clerical or mathematical error(s) in their proposal.

6.12 Proposer Offer, Withdrawal, and Modification. By submitting a proposal in response to this

RFP, each Proposer agrees their proposal is a binding offer to perform the work described in this RFP for a period of ninety (90) calendar days from the date proposals are due. This period may be extended upon the mutual agreement between PDC and a Proposer. Proposals may be withdrawn or modified prior to the proposal due date and time by submitting a written request to the Solicitation Coordinator for this RFP. Proposals may not be withdrawn or modified after the proposal due date and time unless PDC agrees to the withdrawal or modification in writing.

6.13 Method of Evaluation. All responsive proposals will be evaluated by PDC in accordance with the evaluation criteria listed in this RFP. A “responsive proposal” is a proposal that substantially complies with all prescribed submittal requirements and procedures contained in this RFP. Evaluation will be based on the Proposer’s written response as well as any relevant information that PDC may subsequently discover or request. PDC will then rank the Proposers to determine the “Finalist Proposer(s).” Finalist Proposer(s) will be those highest-ranked, responsive Proposers after evaluation.

6.14 Interviews. At PDC’s option, formal interviews with the Finalist Proposer(s) may be part of the

evaluation process of this RFP. Interviews may be conducted in-person, over a conference-call or another mutually agreeable medium to clarify and elaborate on the Finalist Proposer(s) proposal(s). If requested, attendance at such an interview is mandatory. Following the interview, PDC may re-score the Finalist Proposer(s)’ proposals or use the original scores solely as the basis to determine the Finalist Proposer(s) and make an award decision based on the overall strength of the Finalist Proposer(s)’ proposal and the interview. If interviews are not conducted, PDC will award the Contract to the highest-ranked responsive Proposer.

6.15 Determination of Responsibility. In determining whether a Proposer meets the applicable

standards of responsibility to perform the work described in this RFP, PDC may investigate the references, financial stability, credit history, and past performance of any Proposer, including service(s) provided to PDC, with respect to the Proposer’s successful performance on other projects; compliance with contractual specifications and obligations; completion or delivery of a project on schedule and within budget; its lawful payment of suppliers, subcontractors, and employees; and other factors described in ORS 279B.110. PDC reserves the right to use any information or reference that may be discovered. PDC may postpone issuance of its Notice of Intent to Award in order to complete its determination of responsibility.

6.16 Selection Process. PDC reserves the right to award the Contract to the Proposer that (a) has submitted a responsive proposal; (b) is deemed responsible; and (c) is determined to offer PDC the best overall value, benefit, convenience and service, taking into account the cost to the public.

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6.17 Notice of Intent to Award. After completion of the evaluation process, PDC will name an “apparent successful Proposer” and issue a “Notice of Intent to Award” a contract to this Proposer. Identification of the “apparent successful Proposer” is procedural only and creates no right in the named Proposer to receive a contract. All competing Proposers will be notified of PDC’s Notice of Intent to Award by email, the identity of the apparent successful Proposer and will be given seven (7) calendar days to review the RFP file at PDC offices. Appointments can be made by contacting the Solicitation Coordinator for this RFP.

6.18 Protest of Selection Process. Any protest of PDC’s selection process must be submitted in writing to the PDC Professional Services Manager at 222 NW 5th Avenue, Portland, Oregon 97209 within seven (7) calendar days of PDC’s publication of the Notice of Intent to Award. The envelope containing the protest must be marked with the Proposer’s name and corresponding solicitation number and conspicuously identified as an “RFP Protest.” The Proposer’s written protest must specify the legal, procedural, and/or factual grounds upon which the protest is based as well as a statement of relief requested. The judgment used in scoring by individual evaluators is not grounds for protest. Protests not asserted or not properly asserted within the timelines described in this section will not be considered.

6.19 Serial Negotiations. After PDC has issued its Notice of Intent to Award and resolved all protests,

PDC reserves the right to enter into limited negotiations with the apparent successful Proposer to finalize the pricing, performance schedule, statement of work, and other matters pertinent to the work. If PDC, in its sole discretion, determines that such negotiations have reached an impasse, PDC reserves the right to terminate negotiations with that apparent successful Proposer and commence negotiations with the next highest-ranked responsive Proposer. This process may continue until an agreement is reached and the Contract is executed or PDC cancels this RFP.

7.0 TERMS OF THE CONTRACT The following terms and conditions will govern the Personal Services Contract (called “this Contract” in this section) between PDC and the successful Proposer (called the “Contractor” below). PDC reserves the right to modify any term or condition of the Contract prior to execution and may terminate the Contract, at its sole discretion, upon thirty (30) days written notice to the Contractor. PROPOSERS WHO TAKE OBJECTION TO ANY OF THE FOLLOWING TERMS MUST RAISE THOSE OBJECTIONS, IN WRITING, TO THE SOLICITATION COORDINATOR LISTED IN SECTION 1.1 AND DO SO BY THE “DEADLINE FOR QUESTIONS AND REQUESTS FOR CHANGES” LISTED IN THE SECTION 1.3 OF THIS RFP. 7.1 Access to Records. The Contractor shall maintain, and PDC and its duly authorized representatives shall

have access to the books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years after the Expiration Date. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by PDC.

7.2 Audits

(a) PDC, either directly or through a designated representative, may conduct financial and performance audits of the billings and the Work specified in this Contract at any time in the course of the Contract and during the three (3) year period after the Expiration Date. Audits will be conducted in accordance

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with generally accepted auditing standards as promulgated in Government Auditing Standards by the Comptroller General of the United States General Accounting Office.

(b) If an audit discloses that payments to the Contractor were in excess of the amount to which the Contractor was entitled, then the Contractor shall repay the amount of the excess to PDC.

(c) If an audit shows performance of the Work is not efficient in accordance with Government Auditing Standards, PDC may pursue remedies provided under section 4, Early Termination of Contract and section 6, Remedies.

7.3 Effective Date and Duration. The passage of the Expiration Date shall not extinguish, prejudice, or limit

either party's right to enforce this Contract with respect to any default or defect in performance that has not been cured.

7.4 Early Termination of Contract

(a) PDC and the Contractor, by mutual written agreement, may terminate this Contract at any time. (b) PDC, on thirty (30) days written notice to the Contractor, may terminate this Contract for any reason

deemed appropriate in its sole discretion. (c) Either PDC or the Contractor may terminate this Contract in the event of a breach of this Contract by

the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate this Contract at any time thereafter by giving a written notice of termination.

7.5 Payment on Early Termination

(a) In the event of termination under subsection 4(a) or 4(b), Early Termination of Contract hereof, PDC shall pay the Contractor for work performed in accordance with this Contract prior to the Termination Date.

(b) In the event of termination under subsection 4(c), Early Termination of Contract hereof, by the Contractor due to a breach by PDC, then PDC shall pay the Contractor as provided in subsection (a) of this section 5.

(c) In the event of termination under subsection 4(c), Early Termination of Contract hereof, by PDC due to a breach by the Contractor, then PDC shall pay the Contractor as provided in subsection (a) of this section 6, subject to set off of excess costs, as provided for in subsection 6(a), Remedies.

(d) In the event of early termination, all of the Contractor's work product will become and remain property of PDC.

7.6 Remedies

(a) In the event of termination under subsection 5(c), Early Termination of Contract, hereof, by PDC due to a breach by the Contractor, then PDC may complete the Work either itself, by agreement with another contractor or by a combination thereof. In the event the cost of completing the Work exceeds the remaining unpaid balance of the total compensation provided under this Contract, then the Contractor shall pay to PDC the amount of the reasonable excess.

(b) The remedies provided to PDC under section 5, Early Termination of Contract and this section 6 for a breach by the Contractor shall not be exclusive. PDC also shall be entitled to any other equitable and legal remedies that are available.

(c) In the event of breach of this Contract by PDC, then the Contractor's remedy shall be limited to termination of this Contract and receipt of payment as provided in subsection 5(c), Early Termination of Contract and subsection 5(b), Payment on Early Termination hereof.

7.7 Subcontracts and Assignment. The Contractor shall not subcontract, assign or transfer any of the Work,

without the prior written consent of PDC. Notwithstanding PDC approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and PDC shall incur no obligation other than its obligations to the Contractor hereunder. The Contractor agrees that if subcontractors are

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employed in the performance of this Contract, the Contractor and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers’ Compensation.

7.8 Ownership of Work Products. All work products of the Contractor which result from this Contract

(collectively, the “Work Products”) are the exclusive property of PDC. Work Products include but are not limited to all data, information in any form, documents, research, analysis and any other work subject to intellectual property laws and doctrines. PDC and the Contractor intend that such Work Products be deemed “work for hire” of which PDC shall be deemed the author. If for any reason any Work Product(s) are not deemed “work for hire,” Contractor hereby irrevocably assigns to PDC all of its right, title and interest in and to any and all of the Work Products whether arising from copyright, patent, trademark, trade secret or any other state or federal intellectual property law or doctrine. The Contractor agrees to execute such further documents and instruments as PDC may reasonably request in order to fully document such vested rights in PDC. The Contractor forever waives any and all rights related to the Work Products, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. The Contractor may refer to the Work Products in its marketing materials for advertising purposes.

7.9 Indemnity - Claims for Other than Professional Liability. The Contractor shall defend, save, and hold

harmless PDC, the City of Portland, and each of their respective officers, agents, and employees, from all claims, suits, or actions of whatsoever nature, including intentional acts, resulting from or arising out of the activities of the Contractor or its subcontractors, agents or employees under this Contract; provided however, that nothing herein shall be construed to require indemnification of PDC for liability attributable to PDC's sole negligence.

7.10 Indemnity - Claims for Professional Liability. The Contractor shall defend, save, and hold harmless PDC,

the City of Portland, and each of their respective officers, agents, and employees, from all claims, suits, or actions arising out of the professional negligent acts, errors or omissions of the Contractor or its subcontractors and sub-consultants, agents or employees in performance of professional services under this Contract.

7.11 Insurance. The Contractor shall carry, at a minimum, insurance coverage in the amounts set forth in

EXHIBIT B [Section 4.6 of the RFP] which is hereby made a part of this Contract. 7.12 Standard of Care. The Contractor shall perform all services at the same level of professional skill, care,

diligence and standards as other professionals performing similar services under similar conditions. The Contractor will re-perform any services not meeting this standard or correct any inconsistencies, errors or omissions in the Work Products without additional compensation and without undue delay, or PDC, in its sole discretion, may terminate this Contract pursuant to subsection 4(c), Early Termination of Contract and pursue any and all remedies available.

7.13 Key Personnel. The Contractor acknowledges that PDC’s award of this Contract was made on the basis of

the specialized background and abilities of the Contractor and subcontractor personnel identified in the Contractor’s offer or proposal to PDC (the “Key Personnel”). The Contractor understands and agrees that unless the Contractor obtains PDC’s prior written consent, any substitution or replacement of any Key Personnel, unless due to reasons outside the Contractor’s control (e.g. serious illness, termination of employment), shall constitute a material breach of this Contract and PDC may exercise all available remedies afforded by this Contract. In the event that Key Personnel of the Contractor become unavailable at any time, The Contractor shall replace the Key Personnel with personnel having substantially equivalent or stronger qualifications than the Key Personnel being replaced. All new Key Personnel are subject to PDC’s written approval. The Contractor shall remove any individual performing services under this Contract if so directed by PDC in writing following discussion with the Contractor, provided that the Contractor shall have a reasonable period of time within which to find a suitable

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replacement. The Contractor represents and warrants that all Key Personnel are fully licensed and/or registered to perform the particular services assigned to them under this Contract.

7.14 Compliance with Applicable Laws. The Contractor agrees to comply with all applicable federal, state, and

local laws, regulations, executive orders and ordinances – including all federal and state civil rights and rehabilitation rules and statutes – applicable to the Work. The Contractor shall comply with the clauses required in every public contract in the state of Oregon, including ORS 279B.220, 279B.230 and 279B.235 which are hereby incorporated by reference. The Contractor further agrees to comply with all federal and state laws prohibiting discrimination on the basis of race, sex, national origin, religion, age or disability.

7.15 Counterparts. This Contract may be executed in any number of counterparts, and any single counterpart or set of counterparts signed, in either case, by all the parties hereto shall constitute a full and original instrument, but all of which shall together constitute one and the same instrument.

7.16 Successors in Interest. The provisions of this Contract shall be binding upon and shall inure to the benefit

of the parties hereto, and their respective successors and approved assigns. 7.17 Severability. The parties agree that if any term or provision of this Contract is declared by a court of

competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular term or provision held to be invalid.

7.18 Waiver. The failure of PDC to enforce any provision of this Contract shall not constitute a waiver by PDC

of that or any other provision. 7.19 Recycled Products. To the maximum extent economically feasible, the Contractor shall use good faith

efforts to use recycled products in connection with its performance of work under this Contract. 7.20 Governing Law, Venue and Consent to Jurisdiction. The provisions of this Contract shall be construed in

accordance with the provisions of the laws of the state of Oregon, without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, a “Claim”) between PDC and the Contractor that arises from or relates to this Contract must be brought in the Circuit Court of Multnomah County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then unless otherwise prohibited by law it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. THE CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS.

7.21 Amendments. PDC and the Contractor may amend this Contract at any time only by written amendment

executed by PDC and the Contractor. 7.22 No Third Party Beneficiaries. No person not a party to this Contract is an intended beneficiary of this

Contract, and no person not a party to this Contract shall have any right to enforce any term of this Contract.

7.23 Business License and Equal Employment Opportunity Certification. The Contractor shall obtain a City of

Portland business license and certify as an Equal Employment Opportunity employer as required by Portland City Code 7.02.300 and 3.100, respectively, prior to beginning the Work.

7.24 Subcontracting with Certified Minority-owned, Women-owned and Emerging Small Businesses. Through

its Business and Workforce Equity Policy, PDC seeks to extend subcontracting opportunities to State of Oregon certified Minority-Owned, Women-Owned and Emerging Small Businesses (collectively, “M/W/ESBs”) in order to promote their economic success and growth. The Contractor is encouraged to make reasonable efforts to utilize M/W/ESB firms for any subcontracting opportunities under this Contract and maintain a diverse workforce.

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7.25 Payment to Vendors and Subcontractors (a) The Contractor shall pay each subcontractor, supplier, and lessor providing it satisfactory services,

materials or equipment for carrying out its obligations under this Contract within ten (10) business days from the receipt of each payment the Contractor receives from PDC

(b) The Contractor shall not take or fail to take any action in a manner that causes PDC or any materials that the Contractor provides hereunder to be subject to any claim or lien of any person without PDC's prior written consent.

(c) If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with this Contract as such claim becomes due, PDC may pay such claim to the person and charge the amount of the payment against funds due or to become due the Contractor by reason of this Contract. However, the payment of such a claim by PDC shall not relieve the Contractor or the Contractor's surety from obligation with respect to any unpaid claims.

7.26 Confidentiality. The Contractor acknowledges that it or its employees, agents or subcontractors may, in

the course of performing its duties under this Contract, be exposed to or acquire information that is the confidential information of PDC. Any and all information provided by PDC and marked “confidential,” or identified as confidential in a separate writing, that becomes available to the Contractor or its employees, agents or subcontractors in the performance of work under this Contract shall be deemed to be confidential information of PDC (“Confidential Information”). Confidential Information does not include information that: (a) is or becomes (other than by disclosure by the Contractor) publicly known; (b) is rightfully in the Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Contract; (c) is obtained from a source other than PDC without the obligation of confidentiality; or (d) is disclosed with the written consent of PDC. The Contractor agrees to hold Confidential Information in strict confidence, using at least the same degree of care that Contractor uses in maintaining the confidentiality of its own confidential information, and not to reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the provision of services to PDC under this Contract. The Contractor agrees to advise each of its employees, agents or subcontractors of their obligations to keep the Confidential Information confidential.

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8.0 ABOUT THE FLIP PROJECT TEAM

8.1 ABOUT THE PORTLAND DEVELOPMENT COMMISSION (“PDC”)

Created by Portland voters in 1958, PDC plays a major role in making

Portland, Oregon one of America's most livable cities. As Portland’s

urban renewal and economic development agency, PDC is pursuing

an aggressive strategy to create the most sustainable economy in the world, by connecting

people and resources to achieve the city’s vision of healthy neighborhoods, a vibrant central

city, a strong regional economy, and quality jobs and housing for all. [Website]

8.2 ABOUT THE PORTLAND BUREAU OF TRANSPORTATION (“PBOT”)

PBOT is a community partner in shaping a livable city. PBOT plans, builds, manages and maintains an effective and safe transportation system that provides people and businesses access and mobility. PBOT maintains $8.1 billion investments in infrastructure facilities from streets and structures to traffic signals and streetlights. As the state’s largest urban area, protection of our way of life requires creativity in order to balance the competing uses, complexity, age, and size of the transportation system. [Website]

8.3 ABOUT THE PORTLAND BUREAU OF PLANNING AND SUSTAINABILITY (“BPS”)

BPS promotes integrated land use planning and development based on sustainability principles and practices. BPS also develops and implements policies and programs that provide environmental, economic and social benefits to residents, businesses and government, which strengthen Portland's position as an international model of sustainable practices and commerce. [Website]

8.4 ABOUT THE PORTLAND BUREAU OF PARKS AND RECREATION (“PPR”)

PPR's mission is sustaining a healthy park system to make Portland a great place to live, work, and play. PPR is the steward of a diverse portfolio of parks and recreation facilities that are used extensively by the City's residents and visitors. The total parkland managed by PPR includes 11,147 acres, which represents about 12% of the geographical area within the City of Portland. Not included in this acreage are 238,000 street trees that are the responsibility of PPR. PPR also operates 13 swimming pools, 12 community centers, 11 SUN community schools, 6 art/music/dance centers, 2 tennis centers, 5 golf courses, 1 motor raceway, and 1 historic museum. [Website]

8.5 ABOUT THE PORTLAND BUREAU OF ENVIRONMENTAL SERVICES (“BES”)

BES provides Portland residents with water quality protection, watershed planning, wastewater collection and treatment, sewer installation and stormwater management. Five work groups operate under the Office of the Director: Watershed Services, Pollution Prevention Services, Engineering Services, Wastewater, and Business Services. [Website]

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8.6 ABOUT THE PORTLAND SUSTAINABILITY INSTITUTE (“POSI”)

PoSI was founded in 2009 with a mission to systematically bring together business, higher education, nonprofit and municipal leaders to drive a set of next-generation initiatives for urban sustainability in the Portland metro region. The goal: big and game-changing ideas that weave together community livability, ecological resiliency, and broad-based prosperity. PoSI believes the results will fuel business and policy innovation, enhance our quality of life, and create cities and neighborhoods that are not just sustainable, but restorative. [Website]

8.7 FOSTER GREEN

The Foster Green EcoDistrict is a community where investments build on existing assets to address economic, environmental and social sustainability goals. Community members practice active stewardship of natural resources while creating healthy opportunities for all who live, work and play here. [Website]

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9.0 PROPOSER CERTIFICATION PROPOSER CERTIFICATION

Complete and return this page with your proposal. Failure to do so may be grounds for proposal rejection.

RFP 11-14, Foster Corridor Investment Strategy

9.1 You acknowledge receipt of addenda number _____ through _____ or N/A.

9.2 If awarded a contract from this RFP, prior to contract execution, you agree to satisfy all contract compliance requirements listed in Section 4.5 of this RFP.

9.3 To the best of your knowledge, your firm is not in violation of any local, state or federal tax law.

9.4 You certify your proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation; you have not solicited or induced any person, firm, or corporation to refrain from proposing; and you have not sought by collusion or fraud to obtain any advantage over any other Proposer or over PDC.

9.5 You certify that (a) your firm has no business or personal relationships with any other company or person that could be considered a conflict of interest to PDC; and (b) the Key Personnel identified to perform work under an awarded contract and/or the principals of your firm do not have any business or personal relationships with any PDC officer or employee that is not clearly disclosed in your proposal.

9.6 The undersigned warrants that he/she is an authorized representative of the Proposer; has read, understands and agrees to be bound by all RFP instructions, work requirements, and contract terms and conditions contained herein (including all addenda issued for this RFP); that the information provided in your proposal is true and accurate; and that providing incorrect or incomplete information may be cause for proposal rejection or contract termination.

SIGNATURE BLOCK

Proposer’s Legal Business Name:

Signature: Date of Proposal:

Printed Name and Title:

Phone Number: Email Address:

Proposer’s Mailing Address:

Proposer’s Primary Point of Contact for this RFP (if different):

Phone Number: Email Address:

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EXHIBIT A. STUDY AREA MAPS Lent Town Center Urban Renewal Area, Inner/Outer Foster Corridor, Johnson Creek

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Lent Town Center Urban Renewal Area, Inner/Outer Foster Corridor, Johnson Creek, EcoDistrict Boundary, Industrial/Freeway Lands, Bicycle Routes, Trails, MAX, and Light Rail Stops

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EXHIBIT B. PAST PLANNING EFFORTS Of the numerous planning efforts that have occurred in southeast Portland, there are three plans that best highlight past activities. First, the Outer Southeast Community Plan (1996) created comprehensive plan designations and zoning for the Foster Corridor from SE 52nd Avenue to Jenne Road and along SE 92nd Avenue, which parallels the current Green Line station areas. This effort identified zoning policies to achieve regional housing and employment targets without a clear set of directions to accomplish the goals of higher density, mixed use employment areas. The private sector was expected to achieve the stated policy goals without public assistance. The station areas have not developed due in part to the Green Line not being completed until September 2009.

Next, the Johnson Creek Restoration Plan (2001) was developed to mitigate nuisance flooding by restoring natural floodplain functions, reducing flood damage to property, and reducing the frequency of flooding of Foster Road. Foster Road currently floods on average every other year. BES has spent over $30 million to date, investing in land for open space and flood mitigation, floodplain restoration projects, and neighborhood tree plantings to achieve a level of service for a 10 year event. Although this plan is important by itself in terms of meeting watershed goals, it does not solve for the overall redevelopment puzzle.

Finally, the most important plan from an implementation perspective is the Lents URA Plan (1998), which contributes the largest share of resources to achieve the City’s plans. The URA Plan identifies the highest priority infrastructure, redevelopment, and economic development projects and allocates tax increment financing (TIF) to leverage other public funds and private investment to implement the projects. At the end of fiscal year 2008/09, $60 million had been spent on a variety of projects to address blight and a lack of infrastructure. Ideally, the URA Plan is an action plan that has feasible steps and adequate resources identified to implement the projects. However, the resources of other city agencies are not coordinated in any systematic way let alone regional, state, and federal levels of government.

The FLIP approach is expected to result in a coordinated approach to achieving citywide goals, allocating city resources, setting priorities, and implementation of sustainable, innovative outcomes. This proposal will provide an opportunity to evaluate the effectiveness of each previous plan, identify gaps, and collaborate on funding, timing, and project delivery into a consolidated strategic plan for the study area. A chronology of the planning efforts includes links to publications:

Year Project Results

1991 Johnson Creek Basin Protection Plan

The protection plan identified significant resources, provided an economic, social, environmental and energy analysis, and recommended protections for the most important natural resources. Adopted by city council in January 1991.

1995 Region 2040: Metro designation of Lents Town Center, etc.

The 2040 plan helped attract URA designation and additional resources.

1996 Outer Southeast Community Plan – Comprehensive Plan and Zoning Map Update

The OSECP modified the zoning and comprehensive plan designations in the study area to reflect regional policy, support transit corridor planning, and to provide increased densities. The density changes, if fully implemented, could increase the number of residential units from approximately 260 to 600 units.

1998 Lents Urban Renewal Area Plan Maximum Indebtedness: $75M

Designed to leverage additional public and private resources to achieve city policy goals.

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Year Project Results

1999 Lents Business District Transportation Plan (Lents Town Center)

Foster-Woodstock Streetscape Enhancement Plan (Phase 1) has been funded for engineering through MTIP grant and TIF. Construction is planned for FY 2011-12.

2001 Johnson Creek Restoration Plan Mitigates nuisance flooding, (approximately the 10-yr flood) and improves water quality and habitat in the Johnson Creek Watershed through restoring natural floodplain functions.

2002 Transportation System Plan The TSP designated streets throughout the City based on function and compatibility with adjacent land use and planning strategies. The TSP identified deficiencies in the grid street network, compromising neighborhood connectivity.

2003 Powell/Foster Corridor Transportation Plan Foster Road Transportation and Streetscape Plan

This TGM project identified urban design opportunities, pedestrian crossings, and potential bike facilities in the Foster Corridor between 50

th/Powell and Lents Town Center. The

proposed streetscape improvements lacked a funding strategy to guide implementation. PDC will provide funds for matching grants in the next five year forecast period.

2007 Freeway Land Property Industrial Site Assessment

Describes the current status of the Freeway Land site, identifies physical and market issues and opportunities, and assesses the site’s overall suitability for various industrial uses

2008 Lents URA Plan Amendment Expansion along Foster Road (SE 50

th – 79

th)

Maximum Indebtedness: $245M Debt Capacity: $158M Last Date to Issue Debt: 2020

City Council approved small area expansion and increase in maximum indebtedness to achieve original URA Plan goals.

2008 Foster Corridor Exploratory Study (in the web folder for RFP 10-19)

Jameson Partners, LLC challenged PDC and City to develop a vision for the Foster Corridor.

2008 Market Studies Lents Industrial Site Analysis

Lents Town Center Office Market Analysis

Lents Town Center Residential Market Analysis

Lents Town Center Retail Market Analysis

Lents Town Center Market Study Executive Summary

Lents Town Center Market Study PowerPoint

2009 East Portland Action Plan The EPAP is a community-based plan that identifies transportation, economic, and social improvements for the East Portland District. The EPAP has a full-time advocate and includes numerous sub-committees for specific topic areas.

2009 Streetcar System Concept Plan SE Foster Road, 82nd

, 122nd

designated as potential streetcar corridors. Public support for Foster/122

nd well documented

during process. Corridors need further analysis, potential feeder route to Green Line MAX & Powell High Capacity Transit corridor.

2009 Johnson Creek Revitalization Strategy

PDC and BES presented this PowerPoint to the Lents URAC in March 2009. Provides overview of “Outer Foster Corridor.”

2010 Eco District Framework Lents URA is one of five pilots. P+OSI is coordinating process with assistance from PDC to engage stakeholders, identify strategies and governance to influence policy changes and implementation projects.

2010 Foster Corridor Flood Mitigation

Identifies flood passage and management needs in the Outer Foster Corridor area to improve flood management, wildlife habitat, and vehicular access

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SUMMARY OF SCHEDULE AND DELIVERABLES

TASK

1 Project Management

2 Public Engagement

3 Project Foundation

4 Preliminary Technical Analysis

5 Draft Integrated Framework

6 Investment Portfolio:

7 Draft Investment Strategy

8 Final Investment Strategy

MONTH 1 2 3 4 5 6 7 8 9 10 11 12

EXHIBIT C. STATEMENT OF WORK: FOSTER CORRIDOR INVESTMENT STRATEGY

TASK 1: Project Management

Project Management Plan

Project Meetings

Project Sheet Templates

TASK 2: Public Engagement

Attend/Participate in Stakeholder

Engagement/Workshops

Record the Story (FLIP/Foster Green)

Summary of Stakeholder interviews

Graphic materials for and attendance at two public

meetings

All materials and outreach to be in appropriate

languages and all meetings and workshops will have

Spanish and other translations resources available.

TASK 3: Project Foundation

Data Review Technical Memo

Meeting with EcoDistrict Assessment Team

Summary of Principles

Urban Framework Diagram

Project Sheets Template

TASK 4: Preliminary Technical Analysis – Opportunities, Challenges and Strategies

Redevelopment Opportunities Draft Report

Urban Form Assets and Opportunities Draft Report

Flood Mitigation Draft Report

Transportation Enhancement Opportunities Draft

Report

Foster Road Transportation and Streetscape Plan

Draft Addendum

Economic Development Opportunities Draft Report

Participate in Public Engagement

TASK 5: Draft Integrated Framework

Conduct two presentations to FLIP & Foster Green,

summarizing Task 4 analyses (maps and summaries)

Draft Framework and Opportunity Sites Report

FLIP Workshop Facilitation to review Integrated

Framework and Opportunities Areas

Revised Integrated Framework and Opportunity

Sites Report and draft summary of priority

investments

Participate and provide public engagement

materials

TASK 6: Investment Portfolio: Revise Strategies, Priorities, Costs, and Designs

Redevelopment Opportunities Final Report

HAZMAT Technical Memorandum

Reports: Urban Form, Parks and Recreation

Opportunities; Transportation Enhancement

Opportunities; Flood Mitigation Opportunities and

Hydraulic Analysis.

Foster Rd. Transp. And Streetscape Plan

Amendments

Outer Roster Rd. Improvements Technical

Memorandum

Ecosystem Services Analysis Technical

Memorandum

TASK 7: Draft Investment Strategy

Consultant workshop and summary; FLIP Workshop

facilitation and summary

Implementation Phasing Strategy

Public Engagement Participation and materials prep

TASK 8: Final Investment Strategy

Compile/reconcile comments on Draft Final Report

Presentations to Elected Officials, Appointed, and

other Boards.

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STATEMENT OF WORK This section describes the work to be performed by the successful Proposer (the “Consultant”) under the contract awarded from this RFP (the “Contract”). When performing work under the Contract, the Consultant must meet the highest standards prevalent in the industry most closely related to the services being provided.

Task 1: Project Management The Consultant’s work will begin with a kick-off meeting with the FLIP team to review scope, schedule, roles and responsibilities, communications protocols and expectations – particularly around how to manage potential changes in the project goals, desired outcomes or scope of work – followed by preparation of a Project Management Plan. The Portland Development Commission will continue to lead the project on behalf of the Partnership. 1.1 Project Management Plan

Prepare a Project Management Plan that includes the following, at a minimum:

Project Timeframe – A detailed project schedule. Overall timeframe for the project is anticipated to be one year for the strategy and 3 months for the adoption process.

Project Administration – Description of routine administrative procedures including bookkeeping, invoicing and administration of contracts and payments for the project team, records and file management.

Communications expectations and protocols – Identification of task leads and description of communications and review processes.

Roles and responsibilities – Any clarification necessary to outline or clarify Consultant and FLIP roles and responsibilities.

Product Review – A product review schedule. It is anticipated that FLIP will provide one consolidated set of comments within 10 business days of receipt of draft deliverables from the Consultant.

Change Management Process – Description of the process that will be used to address potential changes that have an impact on the project scope.

Project Meetings as described in Task 1.2. (Consultant and FLIP) 1.2 Project Meetings

Project Kick-off Meeting – Consultant Project Manager and Consultant Task Leads will attend a kick-off meeting with the FLIP work team to review project scope, schedule, public involvement, communication protocols, meetings, deliverables, and to review expectations, roles and responsibilities. (Consultant)

Project Management Team Meetings – A Project Management Team (PMT) will be comprised of the Consultant Team project manager and the FLIP project manager. Meetings are anticipated to be held in person at the end of each major task, resulting in eight meetings, with the last one being a project close-out meeting. (Consultant)

Project Team Meetings – The Consultant Team Task Leads will meet every two to three weeks for a project status, schedule management, and work program coordination meeting or conference call. (Consultant)

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Briefing of Directors – Directors of the FLIP partner agencies will be regularly briefed on project status by the FLIP. It is anticipated that the Consultant will participate in two of these briefings, the timing of which will be determined. (FLIP)

Foster Green EcoDistrict Meetings – Foster Green has standing monthly meetings. The Partnership has developed a Memorandum of Understanding with Foster Green that outlines a collaborative relationship. These meetings will be organized and convened as determined by the Public and Stakeholder Engagement Plan. Consultants will participate as deemed necessary. (FLIP)

EcoDistrict Workgroup Meetings – BPS convenes this group on a quarterly basis for city bureaus to learn about EcoDistrict projects, coordinate the development of new projects, and consider policy implications for the City on how it does business. FLIP/Foster Green will use this group as a “Technical Advisory Committee” for the project. This group includes other bureaus that are not represented in the Partnership. (FLIP)

1.3 Project Sheet Template – Develop a template for use throughout the project that provides space

for summary information describing a potential project or action item, its location, rationale for undertaking it, ideas for implementation, responsible parties and partners, potential cost and funding source, and preliminary timeframe for completion. (Consultant)

Co-Deliverable: Project Management Plan

Consultant deliverables:

Project Kick-off Meeting

PMT meetings

Project Team meetings

Participation in two Directors Briefings

Attendance at Advisory Committee meetings

Project Sheet Template

FLIP deliverables:

Foster Green meetings

Eco District Working Group meetings

Written or email summaries of meetings that FLIP participates in

Timeframe: Month 1-12

Task 2: Public Engagement The FLIP will engage Foster Green to lead the public engagement process on their behalf. Together they will draft a Public and Stakeholder Engagement Plan that addresses: who needs to be involved and engaged, through what means, at what points and frequency during the project; decision-making process; identification of stakeholders to interview that supplements interviews conducted in Phase 1 (project scoping); meetings and events; and roles and responsibilities of the Consultant and others. The Consultant’s role will be to identify and engage private sector stakeholders and potential financial investors for the Foster Corridor, and to maintain ongoing communications with property owners, as needed for the development of the investment strategy.

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2.1 Public and Stakeholder Engagement Plan Workshop The FLIP will create and implement the Public and Stakeholder Engagement Plan, except where the Consultant leads the outreach to key private sector stakeholders, as described in the Plan. The FLIP will facilitate a half-day workshop with Foster Green and others as appropriate to assist Foster Green in developing the engagement plan. The Consultant will attend and participate in the workshop. This workshop will:

Conduct a stakeholder mapping exercise to determine gaps in recent outreach and identify upcoming community engagement opportunities;

Draft a process schedule that works within the overall project schedule;

Assign outreach tasks among the FLIP, Foster Green Steering Committee and the Consultant.

Be reviewed prior to launching by the FLIP partners for cultural and language appropriateness and effectiveness.

Include Spanish and other translations services and materials available at the workshops and all other meetings.

2.2 Public and Stakeholder Engagement Plan

Following the workshop, the FLIP and Foster Green will draft a Public and Stakeholder Engagement Plan. The Plan will identify who needs to be engaged, through what means, and at what point/frequency during the project; identification of stakeholders to interview; meetings and events; and roles and responsibilities of Consultant and others. At a minimum, the Plan will include the following:

Interest Groups – A strategy for the FLIP to coordinate with existing, City-sponsored interest groups working in the area, including, but not limited to: Lents Town Center Urban Renewal Advisory Committee, Portland Freight Committee, and East Portland Action Plan. The strategy will also identify regional groups to be consulted for their broader perspective on the project area’s assets, including Greater Portland, Inc., Metropolitan Policy Advisory Committee (MPAC), and Coalition for a Livable Future.

Advisory Committee – The Foster Green Steering Committee will serve as the core members of an “Advisory Committee” for this project and will meet throughout the project to provide advice on the development of the Investment Strategy. Foster Green is a self-identified organization formed independently from the work of the FLIP or the development of this strategy. Foster Green will also be responsible for implementing key aspects of the final investment strategy. While Foster Green is not a traditional advisory committee, its members represent a broad range of views in the community, so it will serve in a capacity similar to a traditional advisory committee. FLIP and Foster Green leadership will work together to prepare agendas and materials, facilitate meetings, and create summary notes. Moving ahead, the Advisory Committee will reflect the changing demographics of the City of Portland and Southeast Portland in particular; new members will be added if needed to meet the community’s diversity expectations.

Public Events – At a minimum, there will be three project-specific and community-wide engagement events to obtain input and feedback from the broader public. The events will be timed as appropriate with the decision-making process. (Anticipated milestones for public engagement are described in work tasks below.) Information obtained from

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these events will be summarized and incorporated into decision-making for the Investment Strategy. Consultant will provide a supporting role, attend the events, and provide technical assistance and graphics to help explain project concepts. All materials will be in culturally-appropriate languages and translations services will be available at all events and meetings. (FLIP/Foster Green)

2.3 Record the Story – Communicating the Community Vision for the Foster Corridor

The broader engagement strategy will be used in augmenting the Foster Community Vision developed by Foster Green. The final product will consist of a brief video and storyboard that communicates the story of the area’s future. The video will feature interviews of persons-on-the-street, businesses, visitors, and residents who will “tell their story” about what is special about the area, their aspirations and vision for the area, and their advice about investing in the project area. All communications will be provided in Spanish and other languages as needed. (FLIP/Foster Green)

2.4 Stakeholder Interviews

In consultation with FLIP, identify eight stakeholders to interview, determine stakeholder interview questions, conduct the interviews and prepare summary notes. This task augments stakeholder interviews conducted for Phase 1. (Consultant) In order to ensure diverse participation and viewpoints, the FLIP partners will review and approve the stakeholders to be interviewed. At least four of the eight stakeholders will represent communities of color and language in the Foster-Lents area.

Consultant deliverables:

Attendance and participation in workshop

Stakeholder interview summary report

Graphic materials for and attendance at three public events FLIP/Foster Green deliverables:

Public and Stakeholder Engagement Plan

Video “story”, vision for the area

At least 3 public events, and other public engagement events, activities and products, as outlined in the engagement plan.

All deliverables will be produced in Spanish and other languages as determined by the FLIP partners.

Timeframe: Months 1-12

Task 3: Project Foundation This task sets the stage for analysis and scenario development, and establishes baseline information collected by the FLIP and the findings of the EcoDistrict Assessment. The Consultant will use this baseline information to gain an understanding of the area’s existing conditions and interrelationships between different systems. This task also involves developing a framework diagram, guiding principles, and measures of success for evaluating future proposals. Individual subtasks include:

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3.1 Analyze Current Policies Compile, review, and summarize relevant information from precursor plans, studies, and programs to identify: key directions relevant to the Investment Strategy; areas of conflict or disagreement; and areas of potential synergy and opportunity. (FLIP)

3.2 Baseline Conditions

Compile an overview of the area’s physical and social conditions to help identify opportunities for leveraging. This overview will include the following:

Social equity reports and analyses including the State of Black Oregon Report, the Report of the Coalition of Communities of Color of Multnomah County, Making the Invisible Visible (NAYA), and others

Demographics and employment data including current information on the effects of displacement from North and Northeast Portland to Southeast Portland

Existing urban form diagrams and descriptions

Community statistics readily available from Portland Police, Fire Bureau, and other agencies

Current efforts and activities of the City of Portland, PDC, other agencies, Foster Green, PoSI, and other recently completed and planned capital projects

Tax-lot specific site assessment information regarding brownfields; a GIS data layer that describes the relative (low/moderate/high) level of potential contamination (see Task 4.1)

GIS layers and aerial photos depicting recent flood events (approx. 2, 6 and 25 year return intervals)

Recreation system information, including existing multi-use path counts and routes, and owned/managed public recreational natural areas and parks

Transportation system information including existing traffic, truck, bike, and pedestrian counts and routes

GIS layers for right of way, street cross section and related infrastructure, and utilities (SE Foster Road: SE 50th Ave to I-205)

Data on pedestrian access within the corridor including bus boardings by stop from Tri-Met/PSU

Operational and route assessment data from TriMet on existing bus service on Foster Road, including routes, frequencies, hours of service, productivity, on-time performance, etc. (see Task 4.3.2)

Trip table from City Traffic Model for trips that begin or end on SE Foster Road between SE 50th Ave and I-205 (see Task 4.3.4)

Listing of transportation improvements from the Foster Road Transportation and Streetscape Plan and the Lents Town Center Business District and Transportation Plan that have been implemented. (FLIP)

3.3 Success Audit/Community Assets Map

Based on a review of Baseline Conditions (Task 3.2), identify successes in the area, showing what has been implemented and the projects currently underway. (FLIP)

3.4 EcoDistrict Assessment Coordination Coordinate a meeting of the Consultant, FLIP and SERA Architects (the consultant conducting the

EcoDistrict Assessment). Review the summary of results of the Assessment and identify potential projects and items potentially requiring further examination and feasibility analysis for consideration in the Investment Strategy. (FLIP)

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3.5 Review Summary of Current Policies, Baseline Conditions, Success Audit, and EcoDistrict Assessment

Review the data collected and compiled by FLIP. Identify any additional data needed to inform the project. Conduct a meeting between the FLIP, Assessment Team and PoSI to discuss the results of the review and determine how to include the results in the strategy, or if additional analysis is needed to make such a determination. (Consultant)

3.6 Workshop: Draft Principles, Evaluation Criteria and Measures of Success Conduct a workshop with FLIP and Foster Green to establish draft principles, evaluation criteria

and measures of success; these will be used later in the project to identify and prioritize projects and actions and otherwise aid in decision making. Summarize the draft principles and evaluation criteria. As part of this effort, define areas of influence and regional connections that link the study area to issues and opportunities in the broader region. (Consultant)

3.7 Urban Form Framework Diagram(s) Drawing from the existing conditions analysis, develop urban framework diagram(s) that show

the areas of influence and interrelationships for the natural, built, and social environments to inform future locations and physical configurations, good edges and urban form, access and transportation needs, pilot projects, and infrastructure needs. (Consultant)

Consultant deliverables:

Technical memorandum identifying additional data needed

Meeting with the Assessment Team and PoSI

Summary of draft principles, evaluation criteria, measures of success and areas of influence

Urban Form Framework Diagram(s)

Project Sheets Template FLIP deliverables:

Technical memorandum summarizing relevant policies

Success Audit/Community Assets Map

Baseline Conditions Report

Timeframe: Months 2-3

Task 4: Preliminary Technical Analysis – Opportunities, Challenges and Strategies In this task, the project builds upon the earlier assessment of baseline conditions to explore opportunities and challenges and identify preliminary recommendations for improving key systems in the Study Area. The products will be a set of draft reports and summaries that will be shared with the public and that will be refined in the tasks that follow. This work provides the necessary findings to develop integrated strategies and actions in Task 5. Individual subtasks include: 4.1 Redevelopment Opportunities Identify and analyze opportunity areas based on, but not limited to, input from the baseline

report, including floodplain and brownfield data, asset mapping, data on land and improvement values, proximity to amenities and stakeholder interviews. Develop an interactive tool/model that identifies and maps redevelopment opportunities. Identify preliminary catalytic opportunity

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sites (public and private) to drive revitalization and job creation that supports the Neighborhood Economic Development Strategy. This data will be used to inform locations and types of land conversion activities and in estimating cost associated with individual investment strategies later in the process. (Consultant)

4.2 Urban Form and Parks and Recreation Opportunities Using previous work done in the area and building on the draft urban form diagrams, analyze

urban form opportunities, identify appropriate sub-areas, identify potential new or expanded parks and recreation opportunities, and prepare urban form assets and opportunities diagram(s) to help tell the story and facilitate further work. At a minimum, all existing public properties will be considered as opportunity sites. (Consultant)

4.3 Transportation Enhancement Opportunities Review existing plans, data and analysis provided by FLIP and provide a preliminary assessment

of the Foster Road right-of-way and multimodal transportation facilities from SE 50th Avenue to I-205 for opportunities to improve pedestrian and bicycle mobility, access to transit and future streetcar infrastructure on Foster Road.

4.3.1 The review will emphasize existing and planned facilities for pedestrian and bicycle

travel, and transit routes, stops and stations. The review will rely on readily available GIS data and plans including current plans for safety enhancements and other information such as existing traffic counts, existing traffic modeling, transit boarding and performance data provided by TriMet, and freight traffic and mobility requirements provided by the City. FLIP will schedule and the Consultant shall attend one meeting with PBOT, TriMet, and other agencies representatives to review and discuss the available data and plans.

4.3.2 Based on the review of plans, data, and analysis provided by FLIP and TriMet, prepare a

brief draft report addressing the following (Consultant):

The implications of the existing traffic counts and modeling provided, including an evaluation of current and future projected traffic volumes and turn movements at key corridor intersections.

Major pedestrian, bike, and transit connectivity routes for the corridor. Bike volumes and pedestrian volumes will be analyzed if data is available. This will build on TriMet’s assessment of future transit service in the study area.

Existing right-of-way conditions and potential opportunities and constraints for Foster Road, in particular within the three strategic improvement areas identified in the Foster Road Transportation and Streetscape Plan (the Heart of Foster Business District, the Crossroads District and the Green Link). The assessment shall consider capacity needed for traffic, transit, freight, pedestrians and bicycles.

Safety and mobility needs and opportunities in the project area that will inform draft amendments to the 2003 Foster Road Transportation and Streetscape Plan.

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4.3.3 Facilitate a technical review meeting with FLIP and representatives of other agencies deemed appropriate by the FLIP to discuss a draft assessment of existing conditions and focus areas, and engage agency staff in identifying implications of the findings for future project tasks. FLIP shall invite attendees, arrange for meeting facilities, and provide summary meeting notes. (Consultant)

4.3.4 Prepare amendments for the Foster Road Transportation and Streetscape Plan

(Consultant). The amendments shall provide narrative and graphics and shall address the following:

Opportunities and constraints for integrating bike facilities and future streetcar on Foster Road. Evaluations shall consider the safety and functional requirements of each mode, freight mobility, and potential roadway design and right-of-way needs for constructing the desired facilities. The evaluation must also consider the design concepts and guidelines of the Foster Road Transportation and Streetscape Plan (2003), current PBOT right-of-way design standards, as well as other plan, policy or design documents provided by the City to inform design concept for Foster Road.

Prototypical design concepts in plan and cross-section for integrating bike facilities and future streetcar into Foster Road and indicating the required right-of-way and the opportunity to phase improvements.

Identification of potential adjustments needed to Foster Road Streetscape and Transportation Plan with regard to potential multimodal transportation or street improvement projects. The improvements will indicate bicycle, pedestrian, and transit access improvements in the form of a diagram of the location and type of facility/service improvements. The scenarios will also address urban form that supports human scale transportation, roadway design considerations, and a general discussion of potential development benefits.

4.3.5 Facilitate a technical review meeting with the FLIP and other agencies deemed

appropriate by FLIP to review draft amendments to the Foster Road Transportation and Streetscape Plan and draft project sheets. FLIP shall invite attendees, arrange for meeting facilities, and provide summary meeting notes. (Consultant)

4.4 Neighborhood Economic Development Opportunities & Scenarios Analyze the area’s economic development opportunities, emerging trends, and objectives

drawing from recent work to connect industrial and commercial land needs to the regional and local economic development objectives described in PDC’s Neighborhood Economic Development strategy (NED Strategy) and the City’s Economic Development Strategy for the study area. This analysis will identify the existing cluster, high-growth, and neighborhood-based businesses along Foster that warrant further expansion and investment; and identify how these investments might be tied to the redevelopment opportunities that have been preliminarily identified. This technical analysis will build upon the results of the analysis of redevelopment opportunities (Task 4.1), evaluation of employment and demographic data, and stakeholder interviews to identify the investments that will leverage the greatest economic development outcomes. With the NED Strategy context, identify the non-physical outcomes that should be evaluated for the project, in terms of industrial and commercial development and job creation to drive commercial corridor revitalization. While the Consultant will perform the technical

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work, the PDC Neighborhood Division will design and approve the scope, strategies, analyses, and recommendations. (Consultant)

4.5 Foster Road Flood Mitigation Concept Building off the Foster Corridor Flood Mitigation Hydraulic Study Memorandum [see], develop a

design scenario to allow Foster Road access at a 100-year flood interval (East of I-205) that includes the limits of improvements to SE Foster Road and affected side streets. A Flood Mitigation Draft Report will be prepared that includes:

Plan, profile, and typical section drawings of Foster Road Flood Mitigation Scenarios

Plan and elevation drawings for conceptual culverts/bridges to convey flood water under Foster Road

Planning level cost estimates for the Foster Road Flood Mitigation Scenarios

Identification of potential policy conflicts or barriers (e.g. current balance cut and fill guidelines) and potential challenges with site conditions (e.g. for contaminated soils/brownfields) and suggestions for reconciling those conflicts (Consultant)

4.7 Additional EcoDistrict Assessment Analysis (Contingent Task)

This task is to acknowledge that additional feasibility analysis may be needed to follow-up on any decisions or direction from the previous meeting between FLIP and the EcoDistrict Assessment Team (Task 3.4) to determine whether certain projects or actions should be included within the Investment Strategy, and how. Because the need and level of effort for completion of this analysis is not known at this time, this is considered a contingent task. If deemed appropriate, this task will be incorporated into the contract with an amendment to the contract scope and budget (see also the last paragraph in Section 5.6.1 of the RFP). (Consultant)

4.8 Public Engagement – Project overview, principles, opportunities and strategies Review project analysis to date and confirm or revise the public involvement principles, the

project story and get feedback on initial opportunities and strategies identified in Task 4 to inform development of the draft integrated framework in Task 5. The exact nature of this public involvement will be decided by FLIP and Foster Green prior to initiation of this scope of work. (FLIP)

Consultant deliverables:

Redevelopment Opportunities Draft Report and model

Urban Form and Parks and Recreation Opportunities Draft Report

Transportation Enhancement Opportunities Report

Facilitation of transportation technical review meetings

Draft Foster Road Transportation and Streetscape Plan Amendments

Economic Development Opportunities and Scenarios Draft Report

Draft Foster Road Flood Mitigation Report

Additional EcoDistrict Assessment Analysis (Contingent Task)

Participation in Public Engagement

FLIP deliverables:

Meeting notes of transportation technical review meeting

Public engagement materials, facilitation and summary

Timeline: Months 3-5

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Task 5: Draft Integrated Framework In this task, the project team moves from analyzing specific system issues and strategies separately to examining the issues through an interdisciplinary assessment process. This task will integrate the system-specific work done in Task 4 to test the range of options and identify a set of projects that produce the most beneficial outcomes for the Study Area. The work of this task will be used to provide detailed and specific investment decisions in Task 6. Individual subtasks include: 5.1 Interdisciplinary Review of Assessments and Opportunities Conduct two (2) presentations to the FLIP and Foster Green summarizing the result of the Task 4

analyses. Gather comments from these presentations in writing and use comments to inform revisions to the outcomes of those analyses. (Consultant)

Presentation 1: Parks and Urban Form; Transportation

Presentation 2: Economic Development; Flood mitigation 5.2 DRAFT Integrated Framework and Opportunity Sites Refine the individual scenarios from Task 4 and prepare an integrated framework in narrative

and diagrammatic format. Create a draft Integrated Framework and Opportunity Sites document (text and maps) to ensure Task 4 scenarios are correctly represented for each of the topic areas and appropriate interrelationships and linkages are identified. This product will be used as the basis for the FLIP workshop described immediately below. (Consultant)

5.3 FLIP Workshop: Integration and Direction Facilitate a workshop with FLIP to present and review the draft Integrated Framework and

identify Opportunity Sites. The product will direct the system teams to develop a set of investment scenarios that confirm or provide redirection on how to proceed, and to select the top three Opportunity Sites, subject to further design and analysis. (Consultant: facilitation, direction to FLIP), (FLIP: logistics, invitations and workshop summary).

5.4 Public Engagement – Draft Integrated Framework The purpose of this public engagement task is to confirm or revise the draft integrated

framework and to inform revisions to the framework, system strategies and initial opportunity site proposals. The exact nature of this public involvement will be decided by FLIP and Foster Green prior to initiation of this work. (FLIP)

5.5 Revised Integrated Framework and Opportunity Sites Use the workshop summary, public comments and follow up FLIP comments on the Integrated

Framework and Opportunity Sites to revise the Integrated Framework (Consultant). 5.6 Draft Priority Investments Based on the outcomes of the FLIP workshop and public engagement, develop a draft list of

priority investments, which identifies three opportunity sites along the commercial corridor. (Consultant)

Consultant deliverables:

Two presentations and support materials (maps and summaries)

Draft Framework and Opportunity Sites Report

FLIP workshop facilitation

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Revised Integrated Framework and Opportunity Sites Report

Draft summary of priority investments

Participation in and support materials for public engagement FLIP deliverables:

Workshop preparations and invitations

Workshop summary notes

Public engagement facilitation and summary Timeframe: Months 6-7

Task 6: Investment Portfolio: Revise strategies; priorities, costs and designs Based on the outcomes of Task 5, this task provides greater detail and conceptual design for system improvements and provides a basis for developing a Revised Integrated Framework and associated investment portfolio. A contingent task would revise the framework to identify costs and benefits including economics, health, and ecosystem services (contingent task). The framework will be supported by a set of project sheets that describe the conditions necessary to start each project, anticipated outcomes, and an assessment of how it furthers the Draft Integrated Framework. Together these sheets form the project’s investment strategy. Individual subtasks include: 6.1 Redevelopment Opportunities Revise and refine the Redevelopment Opportunities Draft Report (task 4.1), as necessary, with a

focus on the Opportunity Sites, and prepare the final report. (Consultant) 6.2 Urban Form and Parks and Recreation Opportunities Revise and refine the Urban Form and Parks and Recreation Opportunities Draft Report (task

4.2) as necessary with focus on the Opportunity Sites, initial cost estimates for project implementation, and recommendations for how improvements support the overall Integrated Framework. Prepare the final report. (Consultant)

6.3 Transportation Enhancement Opportunities Revise and refine the Foster Road Transportation and Streetscape Plan as necessary and

produce a final report with a particular focus on the three strategic improvement areas identified in Task 4.3.2, including initial cost estimates for proposed projects. (Consultant)

6.3.1 Foster Road Transportation and Streetscape Plan Final Amendments Prepare a final addendum for the Foster Road Transportation and Streetscape Plan

(2003). The final addendum shall revise the draft addendum based on technical review, community input and direction from the Project Management Team. The final plan addendum should also consider other proposed design improvements from recent community planning efforts, such as gateways, in order to provide a comprehensively updated streetscape plan. The plan addendum will also discuss, in general terms, phasing options for future streetcar extension to the project area, and will reference any key findings or recommendations for the review of transit service analysis. (Consultant)

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6.3.2 Strategic Improvement Areas Within each subarea, multimodal transportation improvements and strategic streetscape investment opportunities will be recommended. Multimodal improvements are intended to encourage transportation choices by improving efficiencies, accessibility, facilities and service for bikes, pedestrians, buses, MAX (Light Rail) Green Line and future streetcar without compromising the mobility of autos and freight. The report will assess what specific street improvements, such as frontage improvements, intersection improvements or enhancements of pedestrian, bike or transit facilities surrounding the opportunity sites that would most likely to help catalyze desired development or other strategic investments. Illustrate up to four streetscape improvement projects with conceptual design sketches. The final report shall also address potential bike and pedestrian connectivity routes to adjacent neighborhoods, opportunity sites, and parks. (Consultant)

6.3.3 Outer Foster Road Recommendations Memorandum (Contingent Task) Prepare a technical memorandum recommending street improvements, in narrative and

sketch form, for the segment of Foster Road from I-205 to 122nd Avenue. The concepts must be coordinated with the outcomes of the flood mitigation analysis in Task 6.6 and include a typical cross-section and potential roadway profile or alignment changes resulting from the recommended flood mitigation strategies. The concept design shall also recommend enhancements for pedestrian crossing, transit stops and the sidewalk corridor. An order of magnitude cost estimate shall also be provided. (Consultant)

6.4 Neighborhood Economic Development Opportunities Revise and refine the Economic Development Opportunities Draft Report as necessary taking

into account the other work performed within this task series, and prepare the final report. Estimate potential costs for proposed programs or projects. This work will be directed and approved by the PDC Neighborhood Division to ensure alignment with the City’s adopted Neighborhood Economic Development Strategy. (Consultant)

6.5 Flood Mitigation Opportunities Incorporating opportunities resulting from analysis within other study areas (e.g. urban form,

transportation, economic development), determine a preferred 100-year flood management scenario and identify potential catalyst sites, projects and actions. FLIP and Foster Green will provide input for developing the preferred scenario so that floodplain restoration opportunities are informed by highest valued opportunity sites for redevelopment, job creation, protection and connectivity with natural resources, the City’s desire for additional park and recreation facilities. Floodplain restoration concepts, previously developed by BES for the Freeway Land property, will be taken into consideration. Multiple options will be considered and a preliminary cut/fill balance approach will be identified using data assembled in the Foster Corridor Flood Mitigation Hydraulic Study Memorandum. (Consultant) 6.5.1 Flood Mitigation Scenario Development Develop a recommended flood management scenario which must:

Develop a conceptual grading plan, using the existing hydraulic model to test and adjust it

Identify a Foster Road flood mitigation cross-section to replace the existing cross-section

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Draft an updated order of magnitude cost estimate that clearly states assumptions behind the projection.

Identify elements of the flood management plan that are independent of each other and can be considered as separate investment strategies. Document the necessary next steps for implementing the flood management scenario. Estimate potential costs for proposed projects. Complete the Flood Mitigation Opportunities and Hydraulic Analysis Final Report. (Consultant)

6.6 Ecosystem Services Analysis (Contingent Task) Use information from other analyses to describe the trade-offs between protection of natural

resources and any proposed redevelopment, how each system will be affected and the economic significance of those changes on the area’s supply of ecosystem goods and services (for example, the change in the supply of acres of riparian habitat or floodplain). (Consultant)

Consultant deliverables:

Redevelopment Opportunities Final Report

Urban Form and Parks and Recreation Opportunities Final Report

Final Transportation Enhancement Opportunities Report

Final Foster Road Transportation and Streetscape Plan Amendments

Outer Foster Road Improvements Technical Memorandum (Contingent)

Economic Development Opportunities Final Report

Flood Mitigation Opportunities and Hydraulic Analysis Final Report

Ecosystem Services Analysis Technical Memorandum (Contingent) Timeframe: Months 7-8

Task 7: Draft Investment Strategy This task brings together previous work on the baseline analyses, technical analyses, strategy development, and framework development to evaluate, prioritize and sequence actions and the partnerships needed to develop short-term and long-term “roadmaps for action” for the Foster Corridor. Individual subtasks include: 7.1 Prioritizing and Sequencing Workshop Drawing from the principles and measures of success (Task 3.4) conduct a workshop to

preliminarily evaluate, prioritize, and sequence the projects, actions, and partnerships. Confirm opportunity sites and identify funding streams, other agency leads and partners, and synchronized timing of improvements and investments in the next ten years. Identify those projects, partnerships, and actions having the highest priority for short term (1-3 years) implementation, in preparation for the development of an incremental implementation strategy with the FLIP. The strategy could take the form of an integrated green infrastructure plan or catalytic approach to achieve equitable development depending on the technical outcomes, community feedback, partners that have committed resources to implementation. (Consultant)

7.2 Implementation Strategy Workshop Conduct a workshop with the FLIP to finalize project evaluation, building on the previous

prioritization activity. FLIP will confirm or redirect the priority for short term (1 to 3 years)

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projects, actions and partnerships, and will work with the Consultant to develop a sequential program for implementation that results in a road map for how to get from the investment strategy to actual implementation. This roadmap will identify what needs to happen in each of the first three years to carry out the Framework Concept. There will be a focus upon immediate, tangible, improvements that improve the quality of life and set the Foster Corridor up for success. The workshop will also address programmatic issues for ownership, maintenance, and updating of the Investment Strategy. (Consultant)

7.3 Implementation Phasing Strategy Develop a phasing strategy for implementing the Investment Strategy. (Consultant) 7.4 Funding Sources Inventory & Strategy Identify specific funding sources currently in use and potential new sources for consideration,

including new financing mechanisms. Differentiate between public, private, and non-profit funding sources, types of income streams, and advantages of using specific sources that target each project investment identified in Task 6. The findings will be summarized in a Funding Sources memorandum or matrix. (Consultant)

7.5 Public Engagement – Revised integrated framework and investment strategy The purpose of this public engagement is to seek feedback on revised integrated framework and

the investment strategies prior to forwarding that work to decision-makers. The exact nature of this public involvement will be decided by FLIP and Foster Green prior to initiation of this scope of work. (FLIP)

Consultant deliverables:

Consultant workshop and summary (7.1)

FLIP Workshop facilitation and summary (7.2)

Implementation Phasing Strategy

Funding Sources Inventory & Strategy

Participation in and materials for public engagement FLIP deliverables:

Workshop – revised integrated framework and investment strategy

Public engagement preparation, facilitation and summary Timeframe: Months 9-10

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Task 8: Final Investment Strategy

In this task, draft final products will be assembled for review and presentations will be made to elected and appointed officials. Following the review and presentations, final products will be prepared and delivered to the FLIP. Individual subtasks include:

8.1 Draft Final Report Prepare a Draft Final report containing a general overview of the Framework Concept and

Investment Strategy, the Implementation Phasing Strategy, a compendium of the prioritized project sheets, guidance for updating and maintaining the Investment Strategy, and reporting upon the strategy’s status and successes. (Consultant)

8.2 Presentation to Elected Officials, Appointed, and Other Boards Prepare board, commission, and elected official presentations as requested by FLIP. (FLIP will give

presentations; Consultant will assist in preparing materials and will be present at meeting to respond to technical questions.)

8.3 Final Report and Investment Strategy Collect, consolidate and reconcile comments on the Draft Final Report based on input received

from the presentations. (FLIP) Revise final report and project sheets based on these comments. (Consultant)

Consultant deliverables:

Draft Final Report

Presentation materials and participation in up to three presentations

Final Report and project sheets FLIP deliverables:

Compiled and reconciled comments on the Draft Final Report

Presentations to Elected Officials, Appointed, and Other Boards Timeframe: Months 11-12