FREIGHT RAIL DEPENDENT USES

Agency:	County of Clark
State:	Washington
Type of Government:	State & Local
NAICS Category:	484230 - Specialized Freight (except Used Goods) Trucking, Long-Distance
Posted Date:	Jan 17, 2024
Due Date:	Jan 24, 2024
Solicitation No:	RFP Number: 877
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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REQUEST for PROPOSAL #877

PROFESSIONAL, TECHNICAL AND EXPERT SERVICES

Clark County Washington

RELEASE DATE: WEDNESDAY, DECEMBER13, 2023

DUE DATE: WEDNESDAY, JANUARY 17, 2024 by 1:30 pm

Request for Proposal for:

FREIGHT RAIL DEPENDENT USES

SUBMIT:

One (1) Original

Four (4) Complete Copies

of the Proposal to:

Shipping Method of your Choice or Hand Delivery

United States Postal Service

Clark County

ATTN: Office of Purchasing

1300 Franklin Street, 6th Floor, Suite 650

Vancouver WA 98660

564-397-2323

Clark County

ATTN: Office of Purchasing

PO Box 5000

Vancouver WA 98666-5000

564-397-2323

Office Hours: 8:00 am – 3:00 pm, Monday – Friday, except Legal Holidays.

No electronic submissions.

**Proposals must be delivered to the Purchasing office – No Exceptions

**Proposals must be date and time stamped by Purchasing staff by 1:30 pm on due date.

**Proposal shall be sealed and clearly marked on the package cover with RFP #, Title & Company Name

Refer Questions to Project Manager:

Jose Alvarez

Program Manager / Community Planning

Jose.Alvarez@clark.wa.gov

564-397-2280 ext. 4898

General Terms and Conditions

ADMINISTRATIVE REQUIREMENTS - Contractors shall comply with all management and

administrative requirements established by Washington Administrative Code (WAC), the

Revised Code of the State of Washington (RCW), and any subsequent amendments or

modifications, as applicable to providers licensed in the State of Washington.

ALL proposals submitted become the property of Clark County. It is understood and agreed

that the prospective Proposer claims no proprietary rights to the ideas and written materials

contained in or attached to the proposal submitted. Clark County has the right to reject or

accept proprietary information.

AUTHORSHIP - Applicants must identify any assistance provided by agencies or indivi-

duals outside the proposers own organization in preparing the proposal. No contingent

fees for such assistance will be allowed to be paid under any contract resulting from this

RFP.

CANCELLATION OF AWARD - Clark County reserves the right to immediately cancel an

award if the contractual agreement has not been entered into by both parties or if new state

regulations or policy make it necessary to change the program purpose or content,

discontinue such programs, or impose funding reductions. In those cases where

negotiation of contract activities are necessary, Clark County reserves the right to limit the

period of negotiation to sixty (60) days after which time funds may be unencumbered.

CONFIDENTIALLY - Proposer shall comply with all applicable state and federal laws

governing the confidentiality of information.

INDEPENDENT PRICE DETERMINATION - The prospective contractor guarantees that,

in connection with this proposal, the prices and/or cost data have been arrived at

independently, without consultation, communication, or agreement for the purpose of

restricting competition. This does not preclude or impede the formation of a consortium

of companies and/or agencies for purposes of engaging in jointly sponsored proposals.

INTERLOCAL AGREEMENT - Clark County has made this RFP subject to Washington

State statute RCW 39.34. Therefore, the proposer may, at the proposers option, extend

identical prices and services to other public agencies wishing to participate in this RFP.

Each public agency wishing to utilize this RFP will issue a purchase order (or contract)

binding only their agency. Each contract is between the proposer and the individual agency

with no liability to Clark County.

LIMITATION - This RFP does not commit Clark County to award a contract, to pay any

costs incurred in the preparation of a response to this RFP, or to procure or contract for

services or supplies.

LATE PROPOSALS - A proposal received after the date and time indicated above will not

be accepted. No exceptions will be made.

ORAL PRESENTATIONS - An oral presentation may be required of those prospective

contractors whose proposals are under consideration. Prospective contractors may be

informed that an oral presentation is desired and will be notified of the date, time and

location the oral presentation is to be conducted.

CONFLICT OF INTEREST - All proposals submitted must contain a statement disclosing

or denying any interest, financial or otherwise, that any employee or official of Clark County

or the appropriate Advisory Board may have in the proposing agency or proposed project.

OTHER AUDIT/MONITORING REQUIREMENTS - In addition, auditing or monitoring for

the following purposes will be conducted at the discretion of Clark County: Fund

accountability; Contract compliance; and Program performance.

CONSORTIUM OF AGENCIES - Any consortium of companies or agencies submitting a

proposal must certify that each company or agency of the consortium can meet the

requirements set forth in the RFP.

COST OF PROPOSAL & AWARD - The contract award will not be final until Clark County

and the prospective contractor have executed a contractual agreement. The contractual

agreement consists of the following parts: (a) the basic provisions and general terms and

conditions, (b) the special terms and conditions, (c) the project description and goals

(Statement of Work), and (d) the budget and payment terms. Clark County is not

responsible for any costs incurred prior to the effective date of the contract. Clark County

reserves the right to make an award without further negotiation of the proposal submitted.

Therefore, the proposal should be submitted in final form from a budgetary, technical, and

programmatic standpoint.

DISPUTES - Clark County encourages the use of informal resolution to address complaints

or disputes arising over any actions in implementing the provisions of this RFP. Written

complaints should be addressed to Clark County – Purchasing, P.O. Box 5000, Vancouver,

Washington 98666-5000.

DIVERSITY IN EMPLOYMENT AND CONTRACTING REQUIREMENTS - It is the

policy of Clark County to require equal opportunity in employment and services subject

to eligibility standards that may be required for a specific program. Clark County is an

equal opportunity employer and is committed to providing equal opportunity in

employment and in access to the provision of all county services. Clark County's Equal

Employment

Opportunity

Plan

available

http://www.clark.wa.gov/hr/documents.html. This commitment applies regardless of

race, color, religion, creed, sex, marital status, national origin, disability, age, veteran

status, on-the-job injury, or sexual orientation. Employment decisions are made without

consideration of these or any other factors that are prohibited by law. In compliance with

department of Labor Regulations implementing Section 504 of the rehabilitation Act of

1973, as amended, no qualified handicapped individual shall be discriminated against

in admission or access to any program or activity. The prospective contractor must agree

to provide equal opportunity in the administration of the contract, and its subcontracts or

other agreements.

ENVIRONMENTALLY RESPONSIBLE PURCHASING PROGRAM - Clark County has

implemented an Environmentally Responsible Purchasing Policy with a goal to reduce

negative impacts on human health and the environment. Negative environmental

impacts include, but are not limited to, greenhouse gases, air pollution emissions, water

contamination, waste from the manufacturing process and waste in packaging. This

policy also seeks to increase: 1) water and energy efficiency; 2) renewable energy

sources; 3) use of products with recycled content; 4) product durability; 5) use of

products that can be recycled, reused, or composted at the end of its life cycle. Product

criteria have been established on the Green Purchasing List

https://clark.wa.gov/sites/default/files/dept/files/general-

services/Purchasing/ERP%20Policy.pdf

PRICE WARRANT - The proposer shall warrant that the costs quoted for services in

response to the RFP are not in excess of those which would be charged any other individual

or entity for the same services performed by the prospective contractor, in a similar

socioeconomic, geographical region.

PROTESTS - Must be submitted to the Purchasing Department.

PUBLIC SAFETY - May require limiting access to public work sites, public facilities, and

public offices, sometimes without advance notice. The successful Proposer’s employees

and agents shall carry sufficient identification to show by whom they are employed and

display it upon request to security personnel. County project managers have discretion

to require the successful Proposer’s employees and agents to be escorted to and from

any public office, facility or work site if national or local security appears to require it.

ACCEPTANCE or REJECTION OF PROPOSALS - Clark County reserves the right to

accept or reject any or all proposals received as a result of this RFP, to negotiate with any

or all prospective contractors on modifications to proposals, to waive formalities, to

postpone award, or to cancel in part or in its entirety this RFP if it is in the best interest of

Clark County to do so.

SUBCONTRACTING - No activities or services included as a part of this proposal may

be subcontracted to another organization, firm, or individual without the approval of

Clark County. Such intent to subcontract shall be clearly identified in the proposal. It is

understood that the contractor is held responsible for the satisfactory accomplishment

of the service or activities included in a subcontract.

VERBAL PROPOSALS - Verbal proposals will not be considered in making the award of

any contract as a result of this RFP.

WORKERS COMPENSATION INSURANCE – The contractor shall comply with R.C.W.

Title 51- with minimum coverage limits of $500,000 for each accident, or provide

evidence that State law does not require such coverage.

FOR ALTERNATIVE FORMATS

Clark County ADA Office: V: 564-397-2322

ADA@clark.wa.gov

Request for Proposals

Table of Contents

PART I

PART II

PROPOSAL REQUIREMENTS

Section IA: General Information

1. Introduction

2. Background

3. Scope of Project

4. Project Funding

5. Timeline for Selection

6. Employment Verification

Section IB: Work Requirements

1. Required Services

2. County Performed Work

3. Deliverables and Schedule

4. Place of Performance

5. Period of Performance

6. Prevailing Wage

7. Debarred / Suspended

8. Americans with Disabilities Act (ADA) Information

9. Public Disclosure

10. Insurance/Bond

11. Plan Holders List

PROPOSAL PREPARATION AND SUBMITTAL

Section IIA: Pre-Submittal Meeting/Clarification

1. Pre-Submittal Meeting

2. Proposal Clarification

PART III

Section IIB: Proposal Submission

1. Proposals Due

2. Proposal

Section IIC: Proposal Content

1. Cover Sheet

2. Project Team

3. Management Approach

4. Respondent’s Capabilities

5. Project Approach and Understanding

6. Proposed Cost

7. Employment Verification

PROPOSAL EVALUATION & CONTRACT AWARD

Section IIIA: Proposal Review and Selection

1. Evaluation and Selection

2. Evaluation Criteria Scoring

Section IIIB: Contract Award

1. Consultant Selection

2. Contract Development

3. Award Review

4. Orientation/Kick-off Meeting

ATTACHMENTS

A: Proposal Cover Sheet

B: Letter of Interest

C: Certification Regarding Debarment, Suspension and Other Responsibility Matters Form

Request for Proposal #877

Freight Rail Dependent Uses

Part I

Proposal Requirements

Section IA

1. Introduction

General Information

The purpose of this RFP is to invite the consultant community to suggest various approaches

to help Clark County implement development regulations to allow Freight Rail Dependent

Uses (FRDU) along the County’s short line railroad.

Consultant help is requested to:

1. Provide a public engagement process on proposed development regulations along

the rail line; and

2. Provide planning assistance through the legislative process culminating in an

adopting ordinance for development regulations along the rail line within the FRDU

Overlay.

If your company contact details are not on the Plan Holder List at

https://clark.wa.gov/internal-services/request-proposal-1

Attachment B, Letter of Interest must be submitted to participate in this RFP.

Proposers shall respond to all sections to be considered.

Clark County has made this Request for Proposal subject to Washington State statute RCW

39.34. Therefore, the proposer may, at the proposers’ option, extend identical prices and

services to other public agencies wishing to participate in this RFP. Each public agency wishing

to utilize this proposal will issue a purchase order (or contract) binding only their agency. Each

contract is between the proposer and the individual agency with no liability to Clark County.

2. Background

Following the passage of Senate Bill 5517 in 2017, the county council had been working to

implement freight rail dependent uses in Clark County. The bill amended the Growth

Management Act to allow “freight rail dependent uses” and gives Clark and Okanogan

counties authority to allow such uses adjacent to short line railroads.

On January 9, 2018, the county council began implementation of SB 5517 by adopting the

freight rail dependent use overlay and amending the county’s comprehensive plan to create

policies to allow for freight rail dependent uses. The overlay applies to properties within 500

feet of the county’s Chelatchie Prairie rail line between Northeast 119th and 149th streets in

the Brush Prairie area, excluding land zoned R-5 or land within the Brush Prairie Rural Center.

After adoption of the overlay, the county began consideration of the appropriate development

regulations and creation of a list of allowed uses. The county council formed the Freight Rail

Dependent Use Advisory Committee, which provided recommendations to the council in June

of 2018 regarding the size of the overlay and potential allowable uses along the rail corridor.

The public further provided input through a survey, an open house, emails and public

comment.

Throughout this robust public process, a number of issues developed requiring further

deliberation by county staff and the county council. To ensure that this economic development

opportunity is realized to its full potential, while limiting any negative effect to the surrounding

neighborhoods to the greatest extent possible, additional time is necessary to resolve many

remaining questions.

Request for Proposal #877

Freight Rail Dependent Uses

The process has been suspended since September of 2018. The County would like to proceed

with the implementation of SB 5517.

3. Scope of Project

The scope of this project is to help Clark County complete the implementation of development

regulations that would allow Freight Rail Dependent Uses along the short line railroad.

The scope of work includes the following tasks:

Task 1: Public engagement process (3) public meetings

Task 2: Non-Project SEPA Checklist

Task 3: Review of Draft development regulations

Task 4: Draft adopting Ordinance

Task 5: Legislative process: Work Session and public hearing with Planning Commission and

Work Session and public hearing with County Council.

4. Project Funding

The anticipated cost for the services described herein is not to exceed $100,000.

The Proposers proposal shall include the Proposers true estimated cost to perform the work

irrespective of the budgeted funds for this work.

Title VI Statements

Clark County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78

Stat. 252, 42 U.S.C. §§ 2000d to 2000d‐4) and the Regulations, hereby notifies all bidders that

it will affirmatively ensure that any contract entered into pursuant to this advertisement,

disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in

response to this invitation and will not be discriminated against on the grounds of race, color, or

national origin in consideration for an award.

El Condado de Clark, de acuerdo con las disposiciones del Título VI de la Ley de Derechos

Civiles de 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d a 2000d‐4) y el Reglamento, por la presente

notifica a todos los postores que se asegurará afirmativamente de que cualquier contrato

celebrado de conformidad con este anuncio, las empresas comerciales desfavorecidas tendrán

la oportunidad plena y justa de presentar ofertas en respuesta a esta invitación y no serán

discriminadas por motivos de raza, color u origen nacional en consideración a un laudo.

5. Timeline for

Selection

The following dates are the intended timeline:

Deadline for Questions and Answers

Final date for Addendum, if needed

Proposals Dues

Proposal Review/Evaluation Period

Selection Committee Recommendation

Contract Negotiation/Execution

Contract Approval by County Council

Contract Intended to Begin

January 10, 2024

January 11, 2024

January 17, 2024

January 24, 2024

January 25, 2024

January 25 – February 1, 2024

Striving for February 6, 2024

February 7, 2024

FREIGHT RAIL DEPENDENT USES

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