2022-12 Design Build Upgrades Ashland Emergench Shelter Bid Package.pdf

PROGRESSIVE DESIGN BUILD

PROCUREMENT

Request for Proposals

Project No. 2022-12:

Emergency Shelter Upgrades

ISSUE DATE: March 4, 2025 PROPOSALS DUE: April 3, 2025 not later than 2:00 PM Local Time

REFER QUESTIONS TO:

Scott Fleury PE, Public Works Director Phone: 541-488-5587 Email:

scott.fleury@ashlandoregon.gov

SUBMIT PROPOSALS TO:

City of Ashland Public Works 20 E Main St (mail) or 51 Winburn Way (personal delivery) Ashland, OR 97520

PRE-PROPOSAL CONFERENCE: There will be a MANDATORY pre-proposal conference on March 20, 2025 at 2:00 PM at the Project Site, 2200 Ashland Street.

PUBLIC WORKS / ENGINEERING

20 E. MAIN STREET

ASHLAND OR 97520

541/488-5347 mailto:scott.fleury@ashlandoregon.gov

Progressive Design Build Procurement City of Ashland

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CONTENTS

CONTENTS

ADVERTISEMENT

SECTION 1. BACKGROUND INFORMATION

INTRODUCTION

BACKGROUND

SECTION 2. PROJECT OVERVIEW

SCOPE OF WORK

PROJECT SCHEDULE

SECTION 3. PROGRESSIVE DESIGN-BUILD SERVICES

GENERAL

ROLES AND RESPONSIBILITIES

SECTION 4. INSTRUCTIONS TO PROPOSERS

DEFINITIONS

INFORMATION OF RECORD

QUALIFICATIONS REQUIREMENTS

STATE LICENSE REQUIREMENTS FOR CONTRACTORS, ARCHITECTS, ENGINEERS

QUESTIONS, CLARIFICATIONS AND REQUESTED CHANGES

PROTEST OF SOLICITATION DOCUMENT AND PROCUREMENT PROCESS

ADDENDA

PROTESTS OF ADDENDA

CONFORMANCE TO SOLICITATION REQUIREMENTS

ECONOMY OF PROPOSAL PREPARATION

EXECUTION OF THE PROPOSAL

SUBMISSION OF PROPOSAL

MODIFICATION OF PROPOSAL

WITHDRAWAL OF PROPOSAL

ACCEPTANCE OF PROPOSAL CONTENT

INCURRED COSTS

PUBLIC RECORDS AND CONFIDENTIALITY OF PROPOSAL

DISCRIMINATION IN SUBCONTRACTING PROHIBITED

ACCESS TO RECORDS

RIGHT TO MODIFY PROCESS

DISPUTES

RESIDENT PROPOSER

SECTION 5. PROPOSAL SUBMITTAL REQUIREMENTS

FORMAT OF PROPOSALS

REQUIRED CONTENT

EVALUATION CRITERIA

5.3.1 Project Approach

5.3.2 Design-Build Team and Key Personnel

5.3.3 Project Experience

5.3.4 Design Fee Proposal

5.3.5 Termination for Default

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SECTION 6. EVALUATION PROCESS & DB SELECTION

REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS

RIGHT OF REJECTION

REFERENCES

RESPONSIBILITY

CLARIFICATION OF RESPONSE

INTERVIEWS

FINALIST SELECTION

TIES AMONG PROPOSERS

NOTICE OF INTENT TO AWARD

CONTRACT NEGOTIATION

PROTEST PROCEDURES

NOTICE TO PROCEED

SECTION 7. CONTRACT

CONTRACT FORM

ORDER OF PRECEDENCE

CONTRACT PAYMENTS

BONDING

WAGE REQUIREMENTS AND LABOR STANDARDS

ASHLAND LIVING WAGE REQUIREMENTS

INSURANCE REQUIREMENTS

BUSINESS LICENSE REQUIRED

LAWS AND REGULATIONS

APPENDICES (BOUND SEPARATELY)

APPENDIX 1 - Background Documents A. Facility Floor Plan

APPENDIX 2 - Required Attachments to Proposal Proposal Form Independent Contractor Certification

APPENDIX 3 - Draft AIA A141 Contract Form AIA A141 Standard Form of Agreement between Owner and Design Builder Exhibit A – AIA A141 Design-Build Amendment Exhibit B – AIA A141 Insurance and Bonds

APPENDIX 4 - Current Wage Requirements for Public Improvement Contracts A. Davis Bacon and Related Acts Checklist B. City of Ashland Living Wage

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CITY OF ASHLAND PUBLIC WORKS - REQUEST FOR PROPOSALS (RFP)

FOR

DESIGN BUILD SERVICES

The City of Ashland (“City” or “Owner”) will receive Proposals from Proposers interested in acting as a Design Builder (DB) and providing services and performing Work for the development of Project No. 2022-12:

Emergency Shelter Upgrades (Project). This procurement is conducted in accordance with model rules adopted by the Attorney General under Oregon Revised Statutes (ORS) 279A.065(3).

Work will generally include the provision of updating a commercial office building to a code compliant emergency shelter.

Phase One: DB to perform preconstruction services and develop with Owner’s input pricing-level design documents and information such that the DB can prepare and provide a Design-Build Proposal to be reviewed and approved by the Owner. Phase One will result in provision of a Guaranteed Maximum Price (GMP) proposal and schedule.

Phase Two: If the DB’s Proposal prepared in Phase One is approved by the Owner, the DB will complete design, permitting, construction, and post-construction tasks, including operation and maintenance manuals for the building systems and relevant performance testing.

Phase Three: The Design Builder will provide a one-year warranty period for improvements executed under this solicitation.

Note: Required permitting activities are included in Phase One and Two.

Proposals must be physically received by Thursday, April 3, 2025, not later than 2:00 PM local time (main lobby clock), in the City of Ashland Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 20 E. Main Street, Ashland, OR 97520. Proposers mailing proposals should allow normal delivery time to ensure the timely receipt of their proposals. Any proposal received after the date and time set for receipt of proposals will not be considered and will be returned to the proposer unopened. For further information, contact Scott Fleury PE, Public Works Director at 541/488-5587 or by email at scott.fleury@ashlandoregon.gov Consultant selection is anticipated to result in the issuance of a Progressive Design Build Contract, in a form substantially similar to the one provided in this RFP (see Attachment A – Standard Form of Agreement Between Owner and Design- Builder, AIA Document A141-2014).

There will be a MANDATORY pre-proposal conference on March 20, 2025 at 2:00 PM at the Project Site, 2200 Ashland Street, Ashland, OR 97520.

Proposal documents may be downloaded from OregonBuys eProcurement System. Any addenda that may be issued, relating to this RFP will be available from OregonBuys and potential proposers are cautioned to continuously monitor the site for updates and addenda.

All proposals shall be submitted as set forth in SECTION 4 - Instructions to Proposers. City is not responsible for Proposals submitted in any manner, format, or to any delivery point other than as required by this RFP.

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Proposals shall be limited to 8 pages and must include the services of a Professional Engineer registered in Oregon.

Consultant selection will be based upon weighed criteria as set forth in this RFP and will include criteria including, but not limited to: similar project experiences, general experience, staffing availability, schedule and response time.

The City of Ashland reserves the right to cancel this procurement or to reject any and all Proposals in accordance with ORS 279B.100.

The Work shall require a 100% Performance Bond and a 100% Payment Bond from the DB.

As part of the contract requirements, the successful Proposer will be required to comply with applicable federal, state, and local laws. All construction completed as a part of this Project will be subject to the Bureau of Labor and Industries (BOLI) Prevailing Wage requirements. “Federal funding is being utilized for this project, and therefore compliance with Davis-Bacon Act requirements, including the payment of prevailing wages to laborers and mechanics, will be mandatory.”

Any change to the wage rates that is made prior to execution of the Design Build (DB) agreement will be in effect for the duration of the Project. The DB agrees to be bound by and will comply with the provisions of ORS 279C.800 through ORS 279C.870.

No Proposal for DB services related to this Project shall be received or considered by the Owner unless the Proposer has a current, valid certificate of registration issued by the Construction Contractors Board.

The Owner will be the sole judge in determining award of contract and reserves the right to reject any or all Proposals in accordance with ORS 279B.100, including the requirement to demonstrate the proposer’s responsibility under ORS 279C.375(3)(b).

Scott Fleury, P.E., Public Works Director

First date of solicitation: March 4, 2025

RFP for Project No. 2022-12

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City of Ashland Department of Public Works

Request for Proposals / Progressive Design Build Procurement Project No. 2018-34: Public Works Operations Building and Maintenance Yard

SECTION 1. BACKGROUND INFORMATION

Introduction

The scope of services consists of complete Design Build services for the construction and design of upgrades to 2200 Ashland Street commercial office building, converting it to an emergency shelter. For the purposes of this RFP the term Design Builder (DB) shall mean the General Contractor and the associated DB team contracted to the General Contractor. The term Project Team shall mean the City of Ashland Project Management team, DB and City staff from Public Works, Facilities Services, and other key internal stakeholders.

The DB will work closely with the Project Team to provide code evaluation which will drive the design and construction of improvements to approximately 3,100 SF of commercial office space. The facility is located at 2200 Ashland Street and was previously purchased by the City of Ashland with grant monies to provide shelter services for the community.

Background

The City of Ashland (City) purchased 2200 Ashland Street in 2023 with the intent to operate it under previously accepted grants as a low barrier and inclement weather shelter. The facility is a 3097 square foot commercial office space on 1.2 acres that abuts the Central Oregon and Pacific Railroad. The property is completely fenced with gated access. Reference appendix 1(A) for building floorplan.

The facility was partially converted to provide low barrier and inclement weather shelter services. The City was able to provide for this function under the Governor’s emergency authorization as the facility itself does not meet critical building code requirements for permanent operation as an inclement weather shelter. The City now intends to improve the facility to meet current building code requirements for operation as an inclement weather shelter.

The property is currently zoned C-1 under the City of Ashland zoning regulations. The property has City of Ashland water, sewer and electric service provided to it.

SECTION 2. PROJECT OVERVIEW

Scope of Work

The Work will generally include code evaluation and design of upgrades to meet fire code, building code and Americans with Disabilities accommodations of a commercial office building conversion to an emergency shelter.

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The goal of the project is to:

Renovate and retrofit the building to ensure it meets egress and fire code standards to allow for (in order of priority):

• Sleeping throughout the building including the garage area for unhoused population during emergencies and severe weather events

• A shower facility to include two full restrooms in the main facility while retaining the current restrooms (family style) to allow for shower services for unhoused and use during emergencies.

• A full restroom to include a shower in the garage (family style) for unhoused and use during emergency.

• A laundry facility to allow for 2 washers and 2 dryers for unhoused and use during an emergency.

Project Schedule

Design is expected to begin in spring of 2025 and occupancy of the renovated facility is planned to occur by late fall of 2025. This project will be incorporating the principles of Progressive Design Build which includes a Guaranteed Maximum Price and transparency to the bidding process similar to a Construction Manager/General Contractor (CM/GC) contract.

Project Schedule will initially be driven by public procurement model rules the Attorney General adopts under ORS 279A.065. The below schedule provides the owner’s best estimates of dates and durations.

The Owner reserves the right to change the below schedule.

EVENT DAILY COUNT (CALENDAR DAYS) DATE

Begin RFP Solicitation 0 March 4, 2025 Mandatory Pre-Proposal Meeting 14 days prior to closing March 20, 2025 Questions/Change Requests due to City 10 days prior to closing March 24, 2025 Last Day for Owner to Post Addendum 3 days prior to closing March 31, 2025 RFP Closing Date at 2:00 PM Local Time 30 days after RFP release April 3, 2025 Finalists Selected 14 days after closing April 17, 2025 Optional Interviews (if applicable) 21 days after closing April 24, 2025 Notice of Intent to Award Contract 28 days after closing May 1, 2022 Design Build Agreement Executed 42 days after closing May 20, 2025 Notice to Proceed 1 day after contract execution May 21, 2025 Date of GMP/Pricing Amendment 60 days after contract execution July 21, 2025

Project Completion 3.5 months after GMP/Pricing Amendment November 1, 2025

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SECTION 3. PROGRESSIVE DESIGN-BUILD SERVICES

General

The DB will provide services in three distinct phases. Phase One will generally consist of preconstruction serves include code evaluation, preliminary engineering, and the design development required for the preparation of a Project Guaranteed Maximum Price (GMP) Proposal and Schedule.

Phase Two services, if authorized by Owner in its sole discretion, generally encompass completing the Project’s final design and construction. Required permitting activities are included in each of the first two phases. Phase Three is a 1-year warranty period following construction.

Phase One Services – DB’s Proposal:

Article 4 of the Sample AIA A141 Contract (APPENDIX 3) provides the scope of work to be included in Phase One resulting in the DB’s Proposal, including without limitation:

• Perform a code review o Identify Occupancy types as described in Chapter 3 of the OSSC (Oregon Structural Specialty Code) o Identify separated or non-separated uses as defined in 508 OSSC. This is a code path option that the design professional (architect) will choose to direct the design.

o Identify construction types as defined in Chapter 6 of the OSSC (Oregon Structural Specialty Code) o Provide occupancy load factors and calculations based on proposed use of each space. Occupancy load factors are specified in 1004.5 of the OSSC.

o Identify accessibility requirements for the removal of architectural barrier as identified in ORS 447.241. This is factored based on qualifying factors of the valuation of the project and 25% of the qualifying valuations are required to be spent on accessible upgrades starting with accessible routes from public sidewalks and parking. We have form available that will assist the design professional in calculating this accurately, and identify how the requirement is being met.

o Identify sprinkler requirements based on occupancy and use as scoped in 903 OSSC.

o Identify Fire alarm, smoke and carbon monoxide detection requirements scoped in 907

OSSC.

o Identify Plumbing fixture requirements based on Chapter 29 OSSC determined by occupancy use and occupant loads.

o Identify fire partition requirements scoped in 420 and 708 OSSC.

o Identify Exiting requirements based on travel distance, and occupant loads.

o Show that qualifying exits meet the minimum separation requirements outlined in 1007

OSSC.

o Provide Exit signs as required by 1013 OSSC.

o Provide Emergency Egress lighting as required by 1008.3 o Identify Common Path, Exit Access Travel Distances are within the minimum requirements are met as identified in 1006 and 1017 OSSC.

o Show how accessibility for newly provided features meet the requirements scoped in

Chapter 11 of the OSSC and the ICC A117.1-2017.

RFP 2022-12 2200 Ashland Street Shelter Improvement Project Page 9 of 26 o Identify existing water supply and sewer pipe sizes to verify they can handle the minimum demands placed on them. Chapter 6 and 7 of the OPSC (Oregon Plumbing Specialty Code) addresses these requirements.

• Develop a Preliminary Design to be approved by the Owner following outcomes of code review.

• Prepare a draft Phase Two Project Schedule including interim design and cost estimate milestones and review with City.

• Perform additional due diligence inquiries as appropriate to refine the Preliminary Design and associated cost estimate.

• Identify Project permitting requirements.

• Develop Preliminary Design, schedule and cost estimating documents and include the supporting design documentation and open-book cost information utilized for the DB’s Proposal from conception to completion.

• Participate in regular meetings with City.

Phase Two Services described as “Work Following Execution of the Design-Build Amendment” in Article 5 of the Sample AIA A141 Contract (APPENDIX 3) including but not limited to:

• Coordinate regular Phase Two meetings with City and City’s consultants.

• Prepare permit construction drawings and 90% specifications for City review and approval prior to submittal.

• Complete all construction documents.

• Procure equipment and subcontractors to construct the building per approved plans.

• Secure all necessary permits.

• Construct the Project.

• Conduct startup and performance testing as required.

• Provide warranty coverage.

• Prepare any O&M Manuals.

• Accommodate Owner access and site visits during the course of construction as requested.

Roles and Responsibilities

Owner: City will cooperate with DB and will fulfill its responsibilities in a timely manner to facilitate the DB’s timely and efficient performance of services. City responsibilities include:

• Review submissions and provide timely comments to DB.

• Provide information and provide (or engage DB to perform) additional studies that may be necessary to complete the Project.

• Provide funding consistent with approved Guaranteed Maximum Price.

• Provide access to the Project site and any necessary easements.

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• Provide City personnel and necessary data and inputs for Project startup and performance testing.

DB: The DB will cooperate with the Owner and will provide in a timely manner the Phase One and Phase Two services necessary to complete the Project scope specified in this RFP. DB responsibilities include:

• Obtain all required land use and building permits required for construction and occupancy.

• Prepare design and construction documents.

• Procure Project subcontractors and vendors.

• Supervise subcontractors and DB personnel.

• Maintain site security.

• Conduct any performance testing.

• Implement quality-management procedures.

• Complete startup and commissioning.

• Respond to owner as needed during the one-year workmanship warranty period to ensure systems and products are performing as expected.

SECTION 4. INSTRUCTIONS TO PROPOSERS

This section contains administrative and procedural information and instructions for preparation and submittal of the Proposal. All proposals and contracts are subject to the provision and requirements of Oregon Revised Statutes, Sections 279A and 279B. Engineering contracts are further subject to 279C and City of Ashland Municipal Code Section 2.50.

Definitions

For the purpose of this RFP:

“City” or “Owner” means City of Ashland.

“Business days” means calendar days, excluding Saturdays, Sundays and all City recognized holidays.

“Calendar days” or “days” means any day appearing on the calendar, whether a weekday, weekend day, national holiday, State holiday or other day.

“Council” means City of Ashland Council

“Design Builder” or “DB” means the General Contractor and the associated DB team contracted to the General Contractor

“Department” means the City of Ashland Engineering Department

“Manager” means the City of Ashland Project Manager

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“Project Management Team” means the City of Ashland Project Management team, DB and City staff from Public Works, Facilities Services, and other key internal stakeholders

“Proposers”- All firms submitting Proposals are referred to as Proposers in this document; after negotiations, an awarded Proposer will be designated as “Consultant”.

“Qualifications Based Selection” or “QBS” means evaluations and scoring of proposals based on qualifications, experiences and project approach, without considering cost.

“RFP” means Request for Proposal.

“RFQ” means Request for Qualifications.

“Scope of Work” means the general character and range of services and supplies needed to complete the work’s purpose and objectives, and an overview of the performance outcomes expected by Owner.

“Services” means the services to be performed under the Contract by the Consultant.

“Statement of Work” means the specific provision in the final Contract which sets forth and defines in detail (within the identified Scope of Work) the agreed-upon objectives, expectations, performance standards, services, deliverables, schedule for delivery and other obligations.

Information of Record

This Request for Proposal (RFP) will be distributed through the OregonBuys eProcurement System. All updates, addenda, and related communications will be published through OregonBuys. All prospective proposers are advised to continuously monitor the website for information regarding this proposal. It is the sole responsibility of the proposer to check the website on a timely basis, however City may, as a courtesy, elect to email copies of addenda or notices to registered proposers, but doing so does not remove the proposer’s responsibility for checking the website for critical information regarding the proposal.

Qualifications Requirements

Each Proposer shall respond to the Proposal requirements as presented in SECTION 5, Proposal Submittal Requirements, of this RFP. Proposals received without the required information may be rejected as being non-responsive.

The Owner shall have the right to disqualify any Proposal as a result of the information gathered in its research.

State License Requirements for Contractors, Architects, Engineers

In compliance with ORS 671.530, no proposal for a construction contract shall be received or considered by the public contracting agency unless the Proposer is registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board. In addition, the Prime Architect providing

RFP 2022-12 2200 Ashland Street Shelter Improvement Project Page 12 of 26 architecture or engineering services shall be licensed as required and applicable under ORS 671.020, ORS 671.030, ORS 672.020, and ORS 672.060.

Questions, Clarifications and Requested Changes

All inquiries, whether relating to the RFP process, administration, deadline or award, or to the intent or technical aspects of the services, must be submitted in writing to City’s Project Manager listed in the advertisement for this Proposal, at 20 East Main Street, Ashland, Oregon 97520. All questions must be received not later than ten (10) calendar days prior to the proposal submission deadline.

Any person who contemplates submitting a Proposal in response to this RFP and who finds discrepancies in, or omissions from, or is in doubt as to the true meaning of any part of the RFP document must submit to City’s Project Manager a written request for a clarification or interpretation thereof not later than ten (10) calendar days prior to the proposal submission deadline.

Explanations, clarifications or interpretations of the Proposal documents will be made only by written notification. The Owner is not responsible for any explanation, clarification, or interpretation given in any manner except by written notification. Answers to questions received by City, which are deemed by City to be substantive, will be issued as official addenda to this RFP to ensure that all proposers base their proposals on the same information. When appropriate, as determined by City in its sole discretions, revisions, substitution, or clarification of the RFP or attached terms and conditions, an official addendum to this RFP will be issued. Proposer shall indicate receipt of all issued addenda by indicating the number of addenda received on the Proposal Form.

Any addendum or addenda issued by City which may include changes, corrections, additions, interpretations, or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, Saturday, Sunday, and legal holidays not included, shall be binding upon the proposer. City may elect to email addendum to registered proposers but will do so as a courtesy only. All official addendums will be issued through OregonBuys, and it shall be the proposer’s sole responsibility to acquire any and all addendum pertaining to RFP. The proposer is strongly cautioned to monitor this site on a continual basis.

Protest of Solicitation Document and Procurement Process

A prospective Proposer may protest the procurement process or the solicitation document for a contract. A prospective Proposer must provide a written protest no later than ten (10) calendar days prior to the advertised proposal closing date. The protest must indicate (a) a detailed statement of the legal and factual grounds for the protest; (b) the reasons for the disagreement through a written protest; and (c) a statement of the desired changes to the procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest.

All protests shall be mailed or otherwise delivered to City marked as follows:

PROPOSAL PROTEST

Project No. 2022-12 ATTN: City of Ashland Public Works Director

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20 East Main St Ashland, OR 97520

City Response: City may reject without consideration a proposer’s protest after the deadline established for submitting protest. City shall provide notice to the applicable proposer if it entirely rejects a protest.

If City agrees with the proposer’s protest, in whole or in part, City shall either issue an addendum reflecting its determination or cancel the solicitation.

Extension of Closing: If City receives a written protest from a proposer in accordance with this rule, City may extend closing if City determines an extension necessary to consider the protest and to issue addenda, if any, to the solicitation of document.

Judicial review of City’s decision relating to a specification protest shall be in accordance with ORS.

279B.405.

Addenda

A copy of any written clarification or interpretation and of each addendum will be posted on OregonBuys. Any addendum so issued is to be considered a part of the RFP document. The Owner is not responsible for any change or approval made or given in any manner except by addenda. Addenda, if necessary, will be issued not later than five (5) business days prior to the RFP closing date. Addenda shall be signed by the same individual that signs the Proposal and SHALL BE SUBMITTED with the Proposal or as otherwise directed by instructions printed on the addenda. Proposals received without properly signed addenda may be considered non-responsive. Acknowledgement of receipt of all issued addenda on Proposal Form (required) also satisfies this requirement.

Protests of Addenda

A prospective Proposer may submit a written protest to an addendum within 48 hours by the close of City’s next business day after issuance of the addendum. The written protest shall (1) Sufficiently identify the addendum being protested; (2) Identify the specific grounds that demonstrate how the addenda is contrary to law, unnecessarily restrictive, legally flawed or improperly specifies a brand name; (3) Include evidence or supporting documentation that supports the grounds on which the protest is based; (4) Identify the relief sought; and (5) Include a statement of the desired changes to the addendum that the prospective Proposer believes will remedy the conditions upon which the bidder based its protest. The Owner will not consider a protest to matters not added or modified by the protested addendum. All protests shall be mailed or otherwise delivered to City as described in Section 4.6.

Conformance to Solicitation Requirements

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments shall be submitted with the proposal and in the required format. Failure to comply with all requirements may result in proposal rejection.

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Economy of Proposal Preparation

Proposals should be prepared simply and economically, by providing a straightforward, concise description of the Proposer’s capabilities related to specified elements units or services. Proposals should not include any information not specifically identified or specified as a required response.

Execution of the Proposal

Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a proposal certifies that the proposal is made without connection with any person, firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on a proposal also certifies that the Proposer has read, fully understands and agrees with all solicitation requirements, terms and conditions. No consideration will be given to any claim resulting from proposing without fully comprehending all requirements of the Request for Proposals.

Submission of Proposal

Proposals may be mailed on hand-delivered to the addresses shown on the cover page and advertisement of this RFP. No oral, telegraphic, facsimile, or email proposals will be accepted.

Proposals will be received until the date and time identified on the cover page and advertisement of this RFP. No late proposals will be accepted.

Note: Proposal format and required content are addressed in SECTION 5 of this RFP.

Modification of Proposal

Modifications or erasures made before proposal submission shall be initialed in ink by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after proposal closing date and time.

Withdrawal of Proposal

Proposer(s) may withdraw their Proposal, by written notice submitted on the Proposer's letterhead, signed by the Proposer's authorized representative, delivered to the Project Manager. To be effective, the withdrawal must be received prior to closing of the RFP. The Proposer or Proposer's authorized representative may withdraw their Proposal by appearing in person before the Project Manager prior to closing, with presentation of appropriate identification and evidence of authority to make the withdrawal satisfactory to the Project Manager.

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Acceptance of Proposal Content

The contents of the Proposal of the successful Proposer(s) will become contractual obligations if acceptance action ensues. Failure of the successful Proposer(s) to accept these obligations in a contract may result in cancellation of the award.

Incurred Costs

Neither the Owner, nor its officers, agents, or employees are liable for any cost incurred by Proposer(s) prior to issuance of an agreement, contract, or purchase order. All prospective Proposer(s) who respond to this RFP do so solely at the Proposer's cost and expense.

Public Records and Confidentiality of Proposal

By submitting a Proposal, the Proposer(s) acknowledges that information submitted in response to this RFP is open to public inspection under the Oregon Public Records Law, ORS 192.311 through 192.513.

The Proposer(s) are responsible for becoming familiar with and understanding the provisions of the Public Records Law.

Discrimination in Subcontracting Prohibited

Proposer agrees to actively engage with, create a bidding environment that encourages participation in, and not to discriminate against disadvantaged business enterprises, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110.

Access to Records

The Successful Proposer shall maintain and City and its authorized representatives shall have access to all books, documents, papers and records of Proposer which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three (3) years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by City.

Right to Modify Process

The Owner reserves the right to modify the selection process or other aspects of this RFP process at its sole discretion. Any modification or clarification to the RFP shall be posted on OregonBuys.

Disputes

In case of any doubt or differences of opinions as to the items or service to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the Owner shall be final and binding upon all parties.

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Resident Proposer

The Owner shall, pursuant to ORS 279A.120, for the purposes of awarding the contract, add a percent increase on the proposal of a nonresident proposer equal to the percent, if any, of the preference given to that proposer in the state in which the proposer resides.

“Resident proposer” means a proposer that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the proposal, has a business address in this state and has stated in the proposal whether the proposer is a “resident proposer”.

SECTION 5. PROPOSAL SUBMITTAL REQUIREMENTS

Format of Proposals

Proposals should be prepared simply and economically and should provide a straight-forward, concise description of the Proposer's ability to satisfy the requirements of this RFP. The Owner shall not be liable for any expense incurred in the preparation of Proposals.

A. Page Size: Submit on 8.5x11-inch paper with basic text and graphic information. Simple, succinct, and clear responses are preferred. Value is given to short and complete responses vs.

long or cumbersome responses.

B. Page Limitation: The Proposal must not exceed eight (8) total pages single sided, excluding, as applicable, a cover letter, front and back covers, index or table of contents, title pages/separation tabs, and/or appendices. Evaluation is based on completeness and quality vs.

length of responses.

C. Number of Copies: One (1) original wet-signed proposal, three (3) hard copies, and (1) electronic copy on a USB drive.

Required Content

Proposals shall include the following content in the order identified below:

A. Response to all Evaluation Criteria listed in Section 5.3, in the order presented below.

B. Proposal Appendix A: Resumes for all Key Personnel that support their relevant experience. Each resume should not exceed one (1) page.

C. Proposal Appendix B: A completed, signed Proposal Form. A blank copy of the Proposal Form is provided in RFP APPENDIX 2.

D. Proposal Appendix C: A completed, signed Independent Contractor Certification Form. A blank copy of the Independent Contractor Certification Form is provided in RFP APPENDIX 2.

Evaluation Criteria

Written proposals will be evaluated and scored, and a contract may be awarded based upon the proposer’s qualifications and experience as described below:

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5.3.1 Project Approach

(Maximum Score: 30 Points)

Provide a conceptual description of the Proposer’s approach for managing and performing its services during Phase One and Phase Two of the Project. At a minimum, the following items should be addressed:

A. Discuss how a collaborative relationship with the Owner will be established for Phase One.

B. Describe the process and schedule for the design phase, developing the DB’s Proposal, permitting, procurement, construction, and closeout processes.

C. Explain how you will approach cost estimating, value engineering, and construction to complete the Project within the established budget.

D. Describe your company’s quality control program and describe how it will be implemented in this Project.

E. City’s stated project budget is $800,000. Identify whether the Proposer considers this to be an achievable budget given the scope of DB services and program and schedule identified in this RFP. Describe any program or schedule changes the Proposer would recommend City consider achieving the desired services within the DB Budget.

5.3.2 Design-Build Team and Key Personnel

(Maximum Score: 20 Points)

A. Describe the composition and organization of the proposed DB team, including DB (Contractor and Architect), and other subcontractors and subconsultants that will be substantially involved in this project. Concisely indicate the roles and responsibilities of each proposed member of the DB team.

B. Provide a list of the Key Personnel proposed for this project. Clearly identify their proposed roles. Include Key Personnel’s relevant experience, with specific examples from similar projects. Submit resumes in Appendix A of your proposal that support the relevant experience of each Key Personnel.

5.3.3 Project Experience

(Maximum Score: 30 Points)

Describe the Proposer’ experience with up to three (3) projects of comparative size and complexity over the last five (5) years. Municipal projects located in Oregon are preferred. At a minimum, provide the following information:

A. Concise description of the project, including location, completion date, and final project budget

B. Indicate whether the project was completed on time and on budget or needed to be revised. Briefly explain the reasons for revisions, and any actions that were taken to bring the project back on schedule and withing budget.

C. Name of Owner, Owner’s contact, and current phone number and/or email

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D. Indicate which Key Personnel from the proposed DB team, if any, worked on each of the reference projects (including their roles). These team members should be included in the Key Persons list submitted in 5.3.1, above.

5.3.4 Design Fee Proposal

(Maximum Score: 20 Points)

Provide a Fee Proposal for Phase One services on a time and materials cost reimbursement basis up to a maximum not-to-exceed amount. Indicate a breakdown of the costs including a listing of the types of personnel performing the work, an estimate of their hours and rates charged for their services. Scoring will be based solely on the total maximum not-to-exceed amount.

The Fee Proposal should NOT include reimbursable expenses. A list of reimbursable expenses, and the method of payment of such expenses, is addressed in §2.1.3 of the Contract Form (see

APPENDIX 3).

The Fee Proposal will become the initial contract amount for the awardee with Construct Phase Services being added via a Pricing Amendment if/when applicable.

Note: Formula for scoring Fee Points will be as follows: Lowest Fee will receive full points.

Higher proposed fees will receive proportionally lower points according to this formula: (Low Fee/Fee) x Points Available.

5.3.5 Termination for Default

(Pass or Fail)

Indicate whether the Proposer has had a contract terminated for default in the last five years.

Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, submit full details including the other party’s name, address and phone number. City will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of past performance.

SECTION 6. EVALUATION PROCESS & DB SELECTION

Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least three City employees. The total number of points possible for written proposals is 100 and an additional 100 points may be scored through the interview process if the interview is initiated.

Review and Acknowledgment of Defective Proposals

Due to limited resources, City generally will not completely review or analyze Proposals, that on their faces, fail to comply with the minimum mandatory requirements of this RFP, nor will City generally investigate the references or qualifications of such Proposals. Therefore, City will not acknowledge

RFP 2022-12 2200 Ashland Street Shelter Improvement Project Page 19 of 26 whether or not an unsuccessful Proposal was complete, responsive, responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and City adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in this RFP and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

Right of Rejection

Proposers must comply with all terms of this RFP, and all applicable local, state, and federal laws, administrative rules, and regulations. City may reject any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of this RFP.

Proposers may not qualify the proposal nor restrict the rights of City. If a Proposer does so, City may determine the Proposal to be a non-responsive counteroffer, and the Proposal may be rejected.

• Minor informalities that may be waived include those that:

• do not affect responsiveness,

• are merely a matter of form or format,

• do not change the relative standing or otherwise prejudice other offers,

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision, City reserves the right to refrain from making an award if City determines that to be in its best interest.

Note: A Proposal from a debarred or suspended Proposer shall be rejected.

References

City reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent’s successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on a schedule, and lawful payment of employees and workers.

City reserves the right to check any and all sources for information and to include sources for information and to include sources other than the references provided in the Proposer’s proposal. City may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents.

Responsibility

City reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer’s responsibility for performing the Contract. Submission of a signed proposal shall constitute approval for City to obtain any information City deems necessary to conduct evaluation. City reserves the right to request additional information or documentation from the successful Proposer prior to award of contract. Such information may include, but is not limited to, RFP 2022-12 2200 Ashland Street Shelter Improvement Project Page 20 of 26 current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in rescission of City’s Intent to Award.

City may postpone the award of Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

Clarification of Response

City reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. All request for clarification and responses shall be in writing.

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of the Proposer’s Proposal.

Interviews

The outcome of the proposal evaluations may result in placement on an interview (short-listed) with time and date of the interview. Should City elect to hold interviews, the total additional points possible for the interview will be 100.

City may invite the two highest-ranked firms to interview. The Firm’s Key Personnel, as identified by City shall be prepared to attend the interview within five (5) business days of notification by City and shall be prepared to answer questions provided with the Interview Invite letter, and questions that will be provided at the time of the interview and discuss the Firm’s proposed project approach.

Finalist Selection

The firm with the highest total score as a result of written proposal scoring and interview scoring, if conducted, will be considered the Finalist, and all other firms will be ranked according to next highest score, etc.

Ties among Proposers

If City determines after the ranking of potential firms, that two or more of them are equally qualified to be the Finalist, City may select a candidate through any process that City believes will result in the best value for taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of City and Proposers and shall protect the integrity of the public contracting process.

As part of the procedure for choosing the Finalist between two or more equally qualified candidates, City may elect to give a preference to a local consulting firm.

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Notice of Intent to Award

All responsive and evaluated Proposers to the formal RFP will be notified of Owner’s intent to award contracts not less than seven days prior to award. The Owner will issue a Notice of Intent to Award based on the results of its evaluation process. The Notice of Intent to Award contracts will be directed to the person who has signed the Proposal on behalf of the Proposer(s).

Contract Negotiation

City will conduct direct negotiations with the Finalist to finalize the Contract for Phase One Servicers. If City and Finalist are unable for any reason to reach agreement on a Contract within a reasonable amount of time City shall, either orally or in writing, formally terminate negotiations with the Finalist.

City may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by City, City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

Protest Procedures

A Proposer may protest the award of contracts or the intent to award such contracts, whichever occurs first, if the Proposer claims to have been adversely affected or aggrieved by the selection of a Proposer.

A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the highest ranked Proposers otherwise are not qualified to perform the services described in the RFP.

Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers.

A. Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. City will not consider late protests.

B. All protests must be in writing, signed by the protesting party or an authorized Agent. The protest must state all facts and arguments on which the protesting party is basing the protest.

C. Only protests stipulating an issue if fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or City policy shall be considered. Protests based on procedural matters will not be considered.

D. City’s Public Works Director will review the protest and will email and mail the protesting party a written response within three (3) business days of receipt of the written protest to the email and address provided in the written protest. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

E. If the Public Works Director’s determination (response) is adverse to the protester, any further appeal of the Public Works Director’s determination by the party must be submitted in writing

RFP 2022-12 2200 Ashland Street Shelter Improvement Project Page 22 of 26 to the City Manager within three (3) business days of issuance of the Public Works Director’s…