CAMS Phase 3 Special Inspections RFP CA064.pdf

FORMAL

REQUEST FOR PROPOSALS

STATE OF OREGON

OFFICE OF THE LEGISLATIVE ADMINISTRATOR

Is issuing this Request for Proposals (RFP) No. CA064 under OregonBuys Bid Number

S-15600-00007856 for

SPECIAL INSPECTION AND TESTING SERVICES

on Phase III of the

CAPITOL ACCESSIBILITY, MAINTENANCE AND SAFETY (“CAMS”) PROJECT

at the

Oregon State Capitol Building 900 Court Street NE

Salem, OR 97301

Single Point of Contact: Cameron Haerer, CAMS Project Manager cameron.haerer@oregonlegislature.gov

PROPOSALS DUE: A September 19, 2023 NOT LATER THAN 2:00 PM (PST)

LATE PROPOSALS WILL NOT BE ACCEPTED

File: RFP # CA064 mailto:cameron.haerer@oregonlegislature.gov

TABLE OF CONTENTS [Update TOC by clicking TOC/Right click Update field/Select all Table]

1.00 ADVERTISEMENT, NOTICE INFORMATION AND PRE-PROPOSAL CONFERENCE

1.01 ADVERTISEMENT

1.02 PUBLIC NOTICE

1.03 SOLICITATION LAW AND RULES

1.04 PRE-PROPOSAL CONFERENCE

2.00 PURPOSE, BACKGROUND AND SCOPE OF WORK

2.01 PURPOSE

2.02 BACKGROUND

2.03 SCOPE OF WORK

2.04 ESTIMATED SCHEDULE

2.05 APPLICABLE DEFINITIONS

3.00 PROCUREMENT REQUIREMENTS

3.01 PROPOSAL SUBMISSION

3.02 RFP PROTEST AND REQUEST FOR CHANGE

3.03 PROTEST OF PROPOSER SELECTION

3.04 COST OF PREPARATION OF RESPONSE

3.05 PROPOSAL REJECTION AND SOLICITATION CANCELLATION

3.06 MINOR INFORMALITIES

3.07 INITIAL NEGOTIATIONS

3.08 SUBSEQUENT NEGOTIATIONS

3.09 DISPUTES

3.10 CLARIFICATION OF RESPONSES

3.11 REFERENCES

3.12 COLLUSION

3.13 OREGON FALSE CLAIMS ACT

3.14 PUBLIC RECORDS

3.15 CONFIDENTIAL OR PROPRIETARY INFORMATION:

3.16 CERTIFICATION OF COMPLIANCE WITH DISCRIMINATION LAWS

3.17 PROPOSAL VALIDITY

4.00 PROPOSAL FORMAT, EVALUATION, AND SELECTION

4.01 PROPOSAL FORMAT

4.02 EVALUATION AND SELECTION PROCESS

4.03 PROPOSAL ELEMENTS and EVALUATION CRITERIA

5.00 CONTRACT TERMS AND CONDITIONS

5.01 THE STATE OF OREGON PROFESSIONAL SERVICES CONTRACT

5.02 INSURANCE REQUIREMENTS

5.03 LEGAL COMPLIANCE

5.04 RECYCLABLE PRODUCTS

5.05 MWESB PARTICIPATION

5.06 CERTIFICATE OF PAY EQUITY TRAINING

5.07 SILENCE OF SPECIFICATION

6.00 ATTACHMENTS

1.00 ADVERTISEMENT, NOTICE INFORMATION AND PRE-PROPOSAL

CONFERENCE

1.01 ADVERTISEMENT

This is a copy of the advertisement that was published in the Daily Journal of Commerce and on the

State's Oregon Buys System)

RFP #: CA064

PROJECT: CAMS Phase III

Issuance Date: August 17, 2023 Mandatory Pre-proposal Conference: on August 25, 2023 at 1:00 PM (PST) in the Main Conference Room of the Owner- CM/GC project office trailer, 900 Court Street NE, Salem, OR 97301.

Proposal Due Date and Time: September 19, 2023 at 2:00 PM (PST) Opening Date and Time: September 19, 2023 at 2:10 PM (PST) in the Main

Conference Room of the Owner- CM/GC project office trailer, 900 Court Street NE, Salem, OR 97301.

1.02 PUBLIC NOTICE

The Office of the Legislative Administrator (Owner), hereinafter called the “Owner”, requests written Proposals to secure special inspections and testing services for the Capital Accessibility Maintenance and Safety (CAMS) Project, Phase III (the “Project”), located at 900 Court St NE, Salem, Oregon.

Consultants capable of providing these Services and carrying a minimum of $2,000,000 per occurrence limit for any single claimant and $4,000,000 per occurrence limit for any number of claimants of professional liability insurance are invited to submit a Proposal for consideration.

If, after downloading and reading the information provided in the RFP you have inquiries, please contact Cameron Haerer, Project Manager at (503) 986-1744, or e-mail: cameron.haerer@oregonlegislature.gov

Advertise RFP August 17, 2023 Mandatory Pre-Proposal Conference August 25, 2023 at 1 PM Due Date for Questions September 1, 2023, at 12 PM Due Date for Solicitation Protests September 1, 2023, at 12 PM (Closing) Due Date for Submission of Proposals September 19, 2023, at 2 PM Interviews (if held) September 28-29, 2023 Publication of Notice of Intent to Award October 2, 2023 Due Date for Protests of Award October 9, 2023 at 12 PM Contract Execution October 20, 2023

This Solicitation Document, including attachments and any Addenda issued, is published on the State of Oregon: Procurement - OregonBuys eProcurement System.

Proposers should check OregonBuys eProcurement System regularly up until Closing for any changes to the Solicitation Document. Owner is not responsible for any errors or omissions from downloading the Solicitation Document and any attachments.

Proposers who do not have access to OregonBuys eProcurement System may request copies from the Single Point of Contact listed in section 1.02 or may request to review the Solicitation Document at the Legislative CAMS office located at 900 Court Street NE, Salem, Oregon 97301.

1.03 SOLICITATION LAW AND RULES

mailto:cameron.haerer@oregonlegislature.gov https://www.oregon.gov/das/Procurement/Pages/oregonbuys.aspx https://www.oregon.gov/das/Procurement/Pages/oregonbuys.aspx

This RFP and any resulting Contract are governed by Oregon Law. The Services subject to this RFP are “Related Services” as defined in ORS 279C.100(8). Specific laws and rules that govern the solicitation process are found in Oregon Revised Statues (ORS Chapters 279A and 279C), and administrative rules (see OAR Chapter137 Division 48). This RFP and resulting Contract may be subject to other laws and rules.

1.04 PRE-PROPOSAL CONFERENCE

MANDATORY PRE- PROPOSAL CONFERENCE:

A mandatory pre- proposal conference, including a site-walk, will be held on August 25, 2023 at 1:00 PM, in the Main Conference Room, of the Owner- CM/GC project office trailer, 900 Court Street NE, Salem, OR 97301. See “CAMS Phase 3 Pre-bid map” attachment, office located in trailers to the west of the jobsite. The meeting is designed to clarify the information that is requested and give an opportunity for questions and answers.

PPE (PERSONAL PROTECTIVE EQUIPMENT) WILL BE REQUIRED FOR THE SITE WALK. HEMLET

WITH CHIN STRAP, VEST, EYE PROTECTION, AND BOOTS. THERE WILL BE LIMITED SETS OF

PPE (HELMET, VEST, EYE PROTECTION) AVAILBLE ON SITE.

Any statements made at this conference will not change the terms of this RFP, the Project Plans and Specifications or other Contract Documents except as provided in any Addendum Owner has issued and advertised on the OregonBuys System.

PROPOSERS OR THEIR REPRESENTATIVES ARE REQUIRED TO ATTEND THIS MANDATORY

PRE- PROPOSAL CONFERENCE. PROPOSALS WILL ONLY BE EVALUATED FROM PROPOSERS

OR THEIR AUTHORIZED REPRESENTATIVES WHO ATTENDED THE MANDATORY PRE-

PROPOSAL CONFERENCE, AND ALL OTHER PROPOSALS WILL BE CONSIDERED NON-

RESPONSIVE.

2.00 PURPOSE, BACKGROUND AND SCOPE OF WORK

2.01 PURPOSE

The State of Oregon, by and through Owner, is seeking the professional services of a special inspections and testing consultant for the Project.

2.02 BACKGROUND

Phase I of the Capitol Accessibility, Maintenance and Safety project was approved by the 2016 Legislative Assembly to address Americans with Disabilities Act deficiencies; at risk mechanical, electrical, and plumbing systems; and security and life-safety issues in the Oregon State Capitol building.

Phase II of the CAMS project was approved by the 2020 Legislative Assembly and is an extension of work completed during Phase I. CAMS Phase II addressed needed improvements to the seismic structure of the building; Americans with Disabilities Act accessibility on the South side; mechanical and electrical elements; life-safety issues; and restoration of historic elements at the Oregon State Capitol building.

Phase III of the CAMS project was approved by the 2022 Legislative Assembly and is an extension of work completed during Phase I and II. CAMS Phase III will address needed improvements to the seismic structure of the building; mechanical and electrical elements; life-safety issues; storm and ground water control; and restoration of historic elements at the Oregon State Capitol building.

2.03 SCOPE OF WORK

The services of a professional architectural firm or engineering firm are required for the components of the Project, described below:

CONSTRUCTION INSPECTION

Perform full-service construction inspection services for CAMS Phase 3 including, but not limited to items listed within Attachment F, Special Inspections Specifications S001-S004. Consultant’s inspectors must be highly qualified in specific areas of expertise and must be assigned only to projects in their area of expertise.

Scope shall include field verification that construction is being performed in accordance with plans and specifications, and any other applicable codes and standards. Consultant’s inspectors assigned to a job must possess all required certifications and be well versed in current codes and standards. Consultant’s inspectors will report to the Contract Administrator. They will be expected to assist in the coordination of the resolution of construction problems. Consultant’s inspectors shall observe construction activities in a proactive manner in order to help identify problems before they occur or become significant.

Consultant shall be responsible to provide personal safety equipment, small tools and equipment (tape measures, smart hand levels, etc.), cellular telephones, and transportation to be used in performing inspection duties. Consultant shall use inspection forms, daily logs, progress payment forms, etc, that shall be submitted and approved for use on the project by the Contract Administrator or a designated Owner representative. All reports are to be submitted to the project team within (5) business days after inspections are completed. All reports must include the onsite time of arrival and departure which will be used to apply hourly bill rates to. Gridlines are to be used to describe location of work inspected within the report.

Reports are to be labeled and sent to the project team as follows:

YYYY-MM-DD type of report – number of report Example: 2021-08-02 Concrete compressive strength report - 015

MATERIALS TESTING

Perform materials testing services including, but not limited to all types of tests listed in Attachment F, Special Inspections Specifications and Structural Drawings, and consultation, analysis, and report writing related to materials and testing issues, as needed. Consultant shall provide all equipment, instruments, and tools required to perform work.

Perform specialty inspection services as may be required by building code including but not limited to:

placement of reinforcing steel; bolts cast in concrete and epoxy anchors; masonry grout; fireproofing;

welding; waterproofing and roofing inspections. The construction documents may require other testing or inspection services beyond those directly referenced. These must also be performed. Services shall include consultation, analysis, and report writing as needed for building permits.

Owner intends to enter into one public contract with a single Consultant to provide the Services described in this request for proposals. Except as otherwise provided in the Contract, Consultant shall meet the highest standards prevalent in the industry or business most closely involved in providing the Services described in this request for Proposals.

2.04 ESTIMATED SCHEDULE

Proposed Project Schedule: See Attachment E, CAMS III Schedule.

This schedule is a tentatively proposed timeline and may be subject to change.

2.05 APPLICABLE DEFINITIONS

This paragraph contains some definitions and meanings that are used throughout this Request for Proposals (RFP), including appropriate abbreviations.

"A/E" means architectural services, engineering services or both architectural and engineering services and used to describe a proposer, firm or type of professional services associated with this RFP.

“Award” A Proposer has been awarded a Contract for Services. The deadline for protest of Proposer selection has passed and no aggrieved Proposer has filed a protest of the selected Proposer.

“CA” The Commission Agent sought in a RFP solicitation process.

"Contract" An agreement between a state agency (here, the “Owner”) and an A/E or A/E Related Service firm for the Services covered by this RFP.

The general terms “can”, “may”, “should”, “preferably”, or “prefers” identifies a desirable or discretionary item of the RFP. Failure to comply with such an item will not result in the rejection of a Proposal.

“Owner” as defined in the Contract between Owner and the Consultant shall be the State of Oregon, Oregon Legislative Assembly (OLA).

“Project Team or Project Team Members” means the Owner, the Consultant, the construction contractor and other contractors, consultants and agencies who will be responsible for various aspects of the Project.

"Proposal" is the Proposer’s response to this RFP.

"Proposer" is the entity submitting a response to the RFP solicitation.

"Proposer or Offeror" is any person, corporation, or partnership who chooses to submit a Proposal in response to this RFP, with the intent of providing A/E services for this Project.

“Request for Proposal” or "Request for Proposals" or "RFP" is this solicitation document, any attachments incorporated by reference, and any addenda issued for use in soliciting Proposals, for this Project.

"Responsive Offer" or "Responsive Proposal" means an Offer or Proposal which conforms in all material respects to the requirements set forth in the RFP as determined by the Owner Selection Committee. Material respects of an RFP include, but are not limited to quality, quantity or delivery requirements.

“SEED” is the State Energy-Efficient Design (SEED) Program

"Selection Notice” means a formal written notice by OLA that a Proposer has been selected for an award and can enter into a Contract for Services after the protest period passes.

“Services” means the Services to be performed by the consultant on the Project.

“State” is the State of Oregon, Oregon Legislative Assembly.

In addition to terms defined elsewhere in this RFP, the definitions above apply to this RFP.

3.00 PROCUREMENT REQUIREMENTS

3.01 PROPOSAL SUBMISSION

Proposers must submit one (1) original and 5 complete copies of the Proposal. Only one Proposal per Proposer shall be allowed. Proposals shall be submitted in sealed packages or envelopes. To ensure proper identification and handling, all packages and envelopes shall be clearly marked as follows:

RFP Title: Special Inspections & Testing for CAMS Phase III

RFP No.: CA064 Cameron Haerer, CAMS Project Manager

Oregon Legislative Administration

PROPOSALS MUST BE DATE AND TIME-STAMPED AS RECEIVED BY THE STATED DEADLINE.

Self-service proposal submittal is located at Owner construction trailer at 900 Court Street NE, Salem, OR 97301. Proposals will not be accepted after the Closing date/time as stated on page one (1) of this RFP or as may be extended by any subsequently issued Addenda. Facsimile Proposals will not be allowed or accepted. Failure to comply with this requirement shall result in rejection of the Proposal as non- Responsive.

Proposals shall be submitted in a sealed, appropriate mailing container (such as an envelope) appropriately marked with the return name and address of the Proposer. If the requested number of copies does not fit into the appropriate mailing container, enclose all copies in a box, seal it and attach a label on top with the appropriate information. Please use the minimum amount of tape necessary to seal the mailing container.

3.02 RFP PROTEST AND REQUEST FOR CHANGE

Prospective Proposers may submit a written protest of anything contained in the RFP and may request a change to any provision, specification or Contract term contained in the RFP, no later than seven (7) calendar days prior to the Proposal deadline set in the RFP. Protests shall follow the requirements set forth in OAR 137-048-0240(1). Each protest and request for change must include the reasons for the protest or request, and any proposed changes to the RFP provisions, specifications or Contract terms.

OLA will not consider any protest or request for change that is submitted after the submission deadline.

Protests shall be sent to the designated OLA contact for protest of proposer selection at the address specified in section 3.03 of this RFP. If OLA determines that additional information or interpretation is necessary, such information or interpretation will be supplied in Addenda that will be posted to Oregon Buys. All such Addenda shall have the same binding effect as though contained in the main body of this RFP. Oral instructions or information concerning the specifications of the Project from State managers, employees or agents to prospective Proposers shall not bind the State. OLA shall issue all Addenda not less than five (5) calendar days prior to the Proposal deadline.

3.03 PROTEST OF PROPOSER SELECTION

OLA will provide to all Proposers a copy of the Selection Notice that was sent to the highest-ranked Proposer. A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to OLA no later than seven (7) calendar days after the date of the Selection Notice as listed on OREGONBUYS under “Intent to Award”.

OLA will address all timely submitted award protests that are in accordance with OAR 137-048-0240(2).

Protests shall be in writing and physically received by OLA no later than 4:00 p.m. on the seven (7) calendar day after the date of issuance of the Selection Notice.

Address protests to:

PROTEST OF AWARD TO RFP NO. CA064

Cameron Haerer, CAMS Project Manager

Oregon Legislative Administration

Protests not filed within the time specified in paragraph 1, Section 3.03, above, or which fail to meet the requirements of OAR 137-048-0240(2) shall be rejected.

3.04 COST OF PREPARATION OF RESPONSE

Each Proposer is responsible for all costs incurred in Proposal preparation and participation in the Proposal evaluation, Award and Contract negotiation processes.

3.05 PROPOSAL REJECTION AND SOLICITATION CANCELLATION

OLA may reject any and all Proposals prior to Contract execution and may cancel this RFP at anytime if OLA believes it is in the public interest to do so. OLA is not liable for any costs or expenses incurred by RFP cancellation or Proposal rejection.

3.06 MINOR INFORMALITIES

OLA may waive minor informalities in Proposals. Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or (2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers. OLA, in its sole discretion, may waive minor informalities or allow a Proposer to correct them. Examples of minor informalities include Proposer’s failure to:

a) Submit the required number of originals or copies, or both, of Proposals

b) Sign the Proposal in the designated block provided an authorized signature appears elsewhere in the

Proposal evidencing an intent to be bound.

3.07 INITIAL NEGOTIATIONS

If OLA does not cancel the RFP after it receives the results of the scoring and ranking for each Proposer, OLA has the right to negotiate a final Contract and will begin negotiating a Contract with the highest ranked Proposer. OLA will direct negotiations toward obtaining written agreement on:

a) Consultant's performance obligations and performance schedule;

b) Payment methodology and a maximum amount payable to Contractor for the Architectural, Engineering and Land Surveying Services or Related Services required under the Contract that is fair and reasonable to the State agency with budget authority for payments under the resulting contract (the “Authorized Agency”) as determined solely by the Authorized Agency, taking into account the value, Scope, complexity and nature of the Architectural, Engineering and Land Surveying Services or Related Services; and

c) Any other provisions OLA believes to be in the best interest of the State to negotiate.

3.08 SUBSEQUENT NEGOTIATIONS

OLA shall, either orally or in writing, formally terminate negotiations with the highest-ranked Proposer if the Authorized Agency and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. OLA may thereafter negotiate with the second-ranked Proposer, and if necessary, with the third-ranked Proposer, and so on, in accordance with Section 4(c) of OAR 125-248- 0220 – Formal Selection Procedure. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, OLA may end the Formal Solicitation. OLA may also proceed with a new

Formal Solicitation for the same Services or take other procurement action that OLA determines is in the best interest of the State.

Upon successful negotiation of terms, the successful Proposer will be required to enter into the State’s Standard Professional Services Contract in substantially the form set forth in the sample contract attached to this RFP as Attachment A.

3.09 DISPUTES

In case of any doubt or differences of opinion as to the items or Service to be furnished hereunder, or the interpretation of the provisions of the RFP, the RFP on file with OLA shall govern and the decision of the State of Oregon shall be final and binding upon all parties.

3.10 CLARIFICATION OF RESPONSES

OLA reserves the right to request clarification of any item in a Proposal or to request additional information necessary to properly evaluate a particular Proposal. All requests for clarification and responses shall be in writing. Except for requests and responses related to a clarification necessary to evaluate whether a Proposal has met minimum requirements, all requests for clarification and responses shall be provided to each selection committee member.

3.11 REFERENCES

OLA reserves the right to investigate references including customers other than those listed the Proposal.

Investigation may include past performance of any Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers. Supportive references are required.

3.12 COLLUSION

A Proposer submitting a Proposal hereby certifies that no officer, agent or employee of the State has a pecuniary interest in this Proposal; that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer and that the Proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

3.13 OREGON FALSE CLAIMS ACT

Each Proposer, by submitting a Proposal in response to this RFP, thereby certifies that it understands that any statement or representation contained in or attached to its Proposal, and any statement, representation, or application the Proposer may submit under any contract OLA may award under this RFP, that constitutes a “claim” (as defined by the Oregon False Claims Act, ORS 180.750(1)), will be subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim nder that Act.

3.14 PUBLIC RECORDS

All Proposals and protests are public information after the Proposals have been opened and after the protest period ends. However, copies of Proposals will not be provided until the evaluation process has been completely closed and a Contract has been executed with the selected Proposer. Copies of public information may be requested by any person. Therefore, if the Proposer considers any part of its Proposal or protest a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS

192.410 through 192.505, the Proposer must clearly designate that portion as confidential in order to obtain protection, if any, from disclosure at the time of submission. See Oregon Revised Statutes 192.410 through 192.505, and 646.461 to 646.475. Application of the Oregon Public Records Law shall determine if the confidential information claimed to be exempt is in fact exempt from disclosure.

3.15 CONFIDENTIAL OR PROPRIETARY INFORMATION:

Following award of a Contract, responses to this RFP are subject to release as public information unless the response or specific information contained therein is identified as exempt from public disclosure. Proposer is advised to consult with legal counsel regarding disclosure issues.

If a Proposer believes that any portion of a Proposal contains any information that is considered a trade secret under ORS Chapter 192.501(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.410 through 192.505, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.410 through 192.505.”

Identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer is deemed to have waived any future claim of non-disclosure of that information.

Pursuant to ORS 279C.107, Proposers may schedule requests for inspection of any RFP file after negotiations have been completed with the selected Proposer and a Contract has been executed.

3.16 CERTIFICATION OF COMPLIANCE WITH DISCRIMINATION LAWS

Each Proposer, by submitting a Proposal in response to this RFP, thereby certifies that it has not discriminated against minority, women or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, as that term is defined in ORS 408.225, in obtaining any subcontracts, and that the Proposer is not in violation of any discrimination laws.

3.17 PROPOSAL VALIDITY

Proposals shall remain valid for a period of ninety (90) days following the deadline set for receiving Proposals.

4.00 PROPOSAL FORMAT, EVALUATION, AND SELECTION

4.01 PROPOSAL FORMAT

The Proposal shall be limited in format and length. All Proposals shall be typed and single-spaced, with font size no smaller than 11 point. Proposal pages shall be numbered consecutively. Format will be 8-1/2" x 11" with foldout sheets allowed up to 11" x 17" in size. All foldout sheets, up to a maximum of 11" x 17" sheets will be counted as two pages and shall be labeled as such. Length of the Proposal shall be limited to a maximum of 40 numbered pages (printed sheet faces). If there is any question as to format requirements contact the Owner staff for clarification, prior to submittal of the Proposal. Any pages that exceed the maximum number of pages shall not be evaluated.

Proposals shall be prepared providing a concise description of the Proposers’ ability to meet the requirements of this RFP. Emphasis should be placed on completeness, clarity and organization. The Proposals must be arranged in separate sections according to the Proposal content requirements described below.

NOTE: Material with the “**” notation is excluded from the 40-page maximum count. Cover Letter is included in the maximum page count.

• Title page (one page maximum) **

• Tables of Contents page (one page maximum) (number as page i)**

• Proposer Representations and Certifications Form (Attachment B)**

• Reference Form (Attachment C)**

• Certified Business Firm Outreach Plan (Attachment D)**

• Divider pages or tabs (blank except for title information)**

4.02 EVALUATION AND SELECTION PROCESS

An evaluation committee (“Evaluation Committee”) consisting of not less than three (3) individuals with expertise in the Project area ("Evaluators") will evaluate Proposals. Each Evaluator will assign scores to each Proposal for each of the four non-price categories specified below and further described in section 4.03:

Proposal Elements Maximum Possible Score

A. Cover Letter/Background 10 points

B. Proposer History/Philosophy 25 points

C. Project Approach/Schedule 25 points

D. Experience of Assigned Project Team Members 25 points

E. Price 15 points

F. Required Forms Pass/Fail

Total Maximum Possible Score: 100 points

Each Evaluator will review and assign a score to each section of the Proposal that corresponds to the Proposal elements A through D, above, and evaluation criteria described under section 4.03. After determining all criteria scores, each Evaluator will be separately provided the Price points for each Proposal (see Section 4.03 E) and then will add up the scores awarded for each criterion and determine the total score out of 100 possible points for each Proposal. After scoring each Proposal in this manner, each Evaluator will rank each Proposal from highest to lowest, with the Proposal ranked #1 being the Proposal with the highest total score.

The Evaluation Committee will add all rank numbers assigned to each Proposal to determine that Proposal’s final rank number. The highest-ranked Proposal will have the lowest final rank number. If two or more Proposals have tied rank numbers, the Evaluation Committee will determine the final ranks of the tied Proposals by consensus determination of the ranking that is in the best interests of the State.

An oral interview may be scheduled if it is determined to be in the best interests of the State. The Proposers with the highest final ranking of the written evaluation scores, but not more than three (3), will be invited to an oral interview with the Evaluation Committee, if interviews are conducted. Questions used to evaluate the finalists during the oral evaluations will be provided prior to the interview. No additions, deletions or substitutions may be made to Proposals during the oral evaluations that cannot be viewed as a clarification, as solely determined by OLA.

After the oral interview evaluations, each Evaluator will assign a score to each oral interview evaluation criterion and the criteria scores for the oral interview evaluation will be summed for each Proposal. After scoring each Proposal in this manner, each Evaluator will add the score for the oral interview evaluation to the previous score for the Proposal for each Proposer. Each Evaluator will add the scores and determine the total score out of 150 possible points for the combination of oral interview and evaluation of the Proposal for each Proposer. After scoring each Proposal in this manner, each Evaluator will rank each Proposal from highest to lowest, with the Proposal ranked #1 being the Proposal with the highest total combined score.

The Evaluation Committee will add all rank numbers assigned to each Proposal for the oral interview evaluation and Proposal evaluation to determine that Proposal’s final rank number. The highest-ranked Proposal will have the lowest final rank number, which will be at least, but may be greater than, 3. The Proposer with the lowest Total Evaluation Ranking number for interviews will be considered as the highest-ranking Proposal for award purposes. If two or more Proposals have tied rank numbers, the Evaluation Committee will determine the final ranks of the tied Proposals by consensus determination of the ranking that is in the best interests of the State.

4.03 PROPOSAL ELEMENTS and EVALUATION CRITERIA

Each Proposal shall include responses covering the specific information requested below for each of the categories. Responses shall be presented by category in the order listed below and will be scored by the Evaluators using the number of points available for that category. The relative importance of the four non-price categories is indicated by the points available for scoring in that category. The highest total score available for all categories together is 100 points.

[Example: Related Services - price included (Environmental Consultant)]

Proposers must submit all pricing information in a separate, sealed envelope, marked as follows:

“Pricing RFP Title: Special Inspections & Testing for CAMS Phase III CA064

A. Cover Letter / Background (0 - 10 Points)

Each Proposal shall contain a cover letter stating they accept the terms and conditions of the contract provisions as provided and shall show:

a) Extensive experience conducting special inspections and materials testing.

b) Knowledge in regulations and requirements for special inspections and materials testing.

B. Proposer History/Philosophy (0 - 25 points)

Each responsive Proposal will be evaluated to assess the consultant firm’s overall experience history as well as the firm’s philosophy in establishing the Project requirements. The consultant firm shall provide the following:

a) A brief description of the firm size and five (5) year work history being a special inspections and materials testing firm.

b) Project organization chart showing staff assigned to this Project. Demonstrate that the team will be stable during the Project and is comprised of members with an authority level appropriate to this Project.

c) Demonstrate how the various team members will interact effectively with each other, with the contractor, with State personnel, and with Project design teams.

C. Project Approach / Schedule (0 - 25 points)

Each responsive Proposal will be evaluated to assess the consultant firm’s specific understanding of Project requirements, and the steps necessary to successfully meet the Project goals, as well as general Project approach. The firm shall provide a step-by-step detailed description as to how they would approach the Project to minimize Project costs, provide Services in a timely manner, and ensure Project quality. Provide an outline of the elements of the Services to be performed, in the stages of the process based on the requirements above. Include a description of how the team will meet Project objectives within the schedule.

D. Experience of Assigned Project Team Members (0 - 25 points) Each responsive Proposal will be evaluated to assess the experience of the individual team members the consulting firm proposes to assign to the Project. References may be checked.

Information related to this criterion shall also include a list of similar Projects that have been completed within the last five (5) years. Provide information on the proposed Project team members.

a) Names of staff assigned to the following positions (project manager, senior personnel and assigned staff to the Project).

b) Staff professional qualifications and relevant experience. Provide any applicable history, certifications and resumes.

c) Staff’s history on projects in similar size and scope within the past five years, provide the dollar amount, size and scope of the projects.

d) Name and current phone number of the past project owner’s contact person.

e) Failure to provide team member information will result in reduced or no points for this section.

E. Price (0 - 15 points)

Proposal shall include a maximum not to exceed price for all of the firm’s obligations under the Project Philosophy and General Obligations, for completion of all Basic Services specified in Exhibit A of Attachment A – Sample Professional Services Contract. The lowest proposed maximum Contract price for all Basic Services will receive 10 points, and all other proposed maximum Contract prices for all Basic Services will receive the percentage of 10 points that equals the percentage of that proposed price to the lowest proposed price.

Provide a total Project fee schedule of values that details the Services outlined in this RFP, including travel costs and all incidentals. Include a breakdown list of hourly rates for all individuals that will be assigned to the Project. List the estimated number of hours it will take these individuals to complete work elements outlined in the RFP documents. All pricing information must be submitted in a separate, sealed envelope. (The Services are Related Services for which price is a permissible evaluation factor. See ORS 279C.100(6) and 279C.120.)

F. Required Forms (Pass/Fail)

a) Attachment B – Proposer Representations and Certifications.

b) Attachment C –Reference Form.

c) Attachment D – Certified Business Firm Outreach Plan

G. Interviews (optional) (0 – 50 points available)

5.00 CONTRACT TERMS AND CONDITIONS

5.01 THE STATE OF OREGON PROFESSIONAL SERVICES CONTRACT

OLA and the Successful Proposer shall execute the standard form of State of Oregon Professional Services Contract, a sample of which is attached to this RFP as Attachment A. If Proposer takes exception to any portion of the Contract, Proposer must request change as described in Section 3.02 of this RFP. OLA will not consider Contract exceptions stated in the Proposal. If any discrepancies, inconsistencies or ambiguities exist between the Proposal and the RFP, the RFP takes precedence.

5.02 INSURANCE REQUIREMENTS

Insurance requirements for the Contract are specified in “Exhibit C - Insurance Provisions” of Attachment

A.

5.03 LEGAL COMPLIANCE

Proposer must comply with all applicable requirements of federal and state civil rights law and rehabilitation statutes including the Americans with Disabilities Act.

5.04 RECYCLABLE PRODUCTS

The State of Oregon encourages use of recyclable products to the maximum extent economically feasible in the performance of the contract Services set forth in this document.

5.05 CERTIFIED BUSINESS FIRM PARTICIPATION (ORS 200.005 to 200.075; ORS 200.160 to 200.200;

ORS 279A.105)

Participation By Disadvantaged Business Enterprises, Minority-Owned Businesses, Woman-Owned Businesses, Businesses Owned by Service-Disabled Veterans and Emerging Small Businesses.

As noted in Executive Order 12-03: “Minority-owned and Woman-owned businesses continue to be a dynamic and fast-growing sector of the Oregon economy. Oregon is committed to creating an environment that supports the ingenuity and industriousness of Oregon’s Minority Business Enterprise [MBE] and Woman Business Enterprise [WBE]. Emerging Small Business [ESB] firms are also an important sector of the state’s economy.”

Any Oregon firm that is certified as a disadvantaged business enterprise, minority-owned business, woman-owned business, business owned by a service-disabled veteran or emerging small business, as defined in ORS 200.005 and pursuant to ORS 200.055 (a “Certified Business Firm”), has an equal opportunity to participate in the performance of contracts financed with State funds. By submitting its Proposal, Proposer certifies that it will make good faith efforts to ensure that Certified Business Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement. Proposer further certifies and agrees that it has not discriminated and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin, and it has not discriminated and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a Certified Business Firm pursuant to ORS 200.055.

If there may be opportunities for subcontractors to work on the Project, it is the expectation of the Agency that the Proposer will take reasonable steps to ensure that Certified Business Firms are provided an equal opportunity to compete for and participate in the performance of any contract resulting from this procurement or any subcontracts associated with Services to be performed under any contract resulting from this procurement.

The information submitted in response to this clause will not be considered in any scored evaluation and no evaluative points will be assigned to the information.

To meet the requirements of this clause, please complete the Certified Business Firm Outreach Plan, Attachment D. The Certified Business Firm Outreach Plan will become a contractual obligation in the event the Proposer receives a contract award and signs the resulting contract.

Furthermore, as and when applicable, the successful Consultant executing any resulting contract shall maintain any Certified Business Firm certifications applicable to the Consultant, and require in its subcontracts that subcontractors maintain any applicable Certified Business Firm certifications required by Section 2, Chapter 325, Oregon Laws 2015, as amended by Section 26, Chapter 565, Oregon Laws 2015 as a material condition of the contract. If the Consultant or subcontractor was awarded the contract or any underlying subcontract, as applicable, in the course of the State’s carrying out an affirmative action goal, policy or program under ORS 279A.100 – 279A.107, and fails to maintain the required certification, Agency may terminate the contract, require the Consultant to terminate the subcontractor, or exercise any of the remedies reserved for a breach of the contract.

5.06 CERTIFICATE OF PAY EQUITY TRAINING

This is a legislatively-mandated requirement effective January 1, 2016. Prior to execution of the Contract, the apparent successful Offeror must submit to OLA within 7 calendar days of notification of intent to award, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under 2015 Oregon Laws, chapter 454, section 2. This requirement applies only to Offerors that employ 50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000.

5.07 SILENCE OF SPECIFICATION

The apparent silence of this scope of work, any specifications and any supplemental specifications as to any detail, or the apparent omission from one of these areas of a detailed description concerning any point, shall be regarded as meaning that only the best commercial and industrial practice is to prevail and that only materials and workmanship of first quality are to be used.

Services not specifically mentioned in the RFP, but which are necessary to provide the functional capabilities described by the Proposer, must be itemized in the Proposal.

6.00 ATTACHMENTS

The following items are attached separately as part of this RFP:

6.01 Attachment A: Sample Professional Services Contract

6.02 Attachment B: Proposer Representations and Certifications

6.03 Attachment C: Reference Form

6.04 Attachment D: Certified Business Firm Outreach Plan

6.05 Attachment E: CAMS III Schedule

6.06 Attachment F: Special Inspection Specifications S001-S004

ATTACHEMENT A

SAMPLE CONTRACT

STATE OF OREGON

A&E Professional Services Contract

Architectural, Engineering, Land Surveying and Related Services

This Contract is between the State of Oregon, acting by and through the Office of the Legislative Administrator under ORS 173.720, (“OWNER”), and

Consultant Firm: ____________ A Domestic Business Corporation

Attn:

Address:

Email:

(“Consultant”), both individually without distinction as “Party” and collectively as the “Parties”. This Contract is for all Services related to completion of the project more particularly described as follows (the “Project”).

PROJECT. CAMS Phase III Special Inspections and Testing Services.

1. EFFECTIVE DATE. This Contract is effective on the date that this Contract is fully executed by the Parties and all required State of Oregon approvals have been obtained. This date is known as this Contract “Effective Date.” No Services may be performed before this Contract Effective Date. This Contract expires, unless otherwise terminated or extended, on ______________.

2. STATEMENT OF SERVICES. The Statement of Services (the “Services”) to be performed by Consultant, including the delivery schedule for such Services, is contained in Exhibit A, Statement of Work, attached.

3. COMPENSATION. The maximum not-to-exceed total payable under this Contract is $___________, which includes all allowable expenses. Progress payments to Consultant must be made in accordance with the schedule and requirements of Exhibit B (Consultant Compensation).

3.1 All payments to Contractor are subject to ORS 293.462, and shall be made in accordance with the payment requirements described in Exhibit A.

3.2 Owner will pay only for completed Services that are accepted by Owner.

3.3 Owner will not pay Contractor for Services performed before the date this Contract becomes effective or after the termination of this Contract.

3.4 Owner will not pay Contractor any amount in excess of the not-to-exceed compensation of this

Contract for completing the Services. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Services subject to the amendment.

4. AMENDMENTS.

4.1 Owner reserves the right to amend this Contract in accordance with OAR 137-048-0320. An amendment to this Contract is not effective unless the amendment is in writing signed by the Parties, and all approvals required by applicable law have been obtained.

4.2 If the scope of the Project or the Services must be changed materially, Consultant shall request in writing an amendment to this Contract before providing additional Services and before compensation is adjusted. All legally required approvals must be obtained for any Contract amendment before the amendment is effective and before Services may be performed or payment made under the amendment.

5. AUTHORIZED REPRESENTATIVE.

a. OWNER Jodie Jones, Project Director Office of the Legislative Administrator 900 Court Street NE Salem, OR 97301 Telephone: 503-986-1179 E-mail address: Jodie.jones@oregonlegislature.gov

b. CONSULTANT Name Company Address Address Telephone:

E-mail address:

c. A PARTY MAY DESIGNATE A NEW AUTHORIZED REPRESENTATIVE OR

PROJECT MANAGER BY PROVIDING WRITTEN NOTICE TO THE OTHER PARTY.

6. CONTRACT DOCUMENTS. This Contract consists of the above introductory provisions and the signature page(s), Section 1-Relationship of the Parties, Section 2-Consultant’s Responsibilities;

Representations and Warranties, Section 3-Responsibilities of Owner; Special Contract Provisions, Section 4-General Contract Provisions and the following exhibits attached hereto and incorporated herein by this reference:

EXHIBIT A: Statement of Work EXHIBIT B: Consultant Compensation EXHIBIT C: Insurance Provisions

EXHIBIT D: Rate Schedule

7. MERGER CLAUSE; WAIVER. This Contract and attached exhibits constitute the entire agreement between the Parties on the subject matter of this Contract. The terms of this Contract cannot be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by the Parties and containing all required State of Oregon approvals. A waiver, alteration, modification, supplementation, or amendment, if made, is effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, regarding this Contract except as contained, incorporated or referenced in this Contract.

8. COUNTERPARTS. This Contract and any subsequent amendments may be executed in several counterparts, all of which when taken together constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Contract and any amendments so executed constitute an original.

9. INDEPENDENT CONSULTANT; RESPONSIBILITY FOR TAXES AND WITHHOLDING

9.1 Consultant shall perform all Services as an independent contractor. Owner reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services;

however, Owner may not and will not control the means or manner of Consultant's performance. Consultant is responsible for determining the appropriate means and manner of performing the Services.

9.2 If Consultant is currently performing Services for the State of Oregon or the federal government, Consultant by signature to this Contract, represents and warrants that: Consultant’s Services to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no statutes, rules or regulations of the state or federal District for which Consultant currently performs Services would prohibit Consultant’s Services under this Contract.

9.3 Consultant understands and agrees that it is not an "officer", "employee", or "agent" of Owner, as those terms are used in ORS 30.265.

9.4 Consultant shall be responsible for all federal or state taxes applicable to compensation or payments paid to Consultant under this Contract and, unless Consultant is subject to backup withholding, Owner will not withhold from such compensation or payments any amount(s) to cover Consultant's federal or state tax obligations. Consultant is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Consultant under this Contract, except as a self-employed individual.

10. SUBCONTRACTS, SUCCESSORS, AND ASSIGNMENTS

10.1 Consultant shall not enter into any subcontracts for any of the Services required by this Contract.

10.2 The provisions of this Contract shall be binding upon and inure to the benefit of the parties, their respective successors, and permitted assigns, if any.

10.3 Consultant shall not assign, delegate or transfer any of its rights or obligations under this Contract without Owner’s prior written consent.

11. NO THIRD PARTY BENEFICIARIES

Owner and Consultant are the only parties to this Contract and are the only parties entitled to enforce the terms of this Contract. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

12. FUNDS AVAILABLE AND AUTHORIZED; PAYMENTS

Consultant shall not be compensated for Services performed under this Contract by any other agency or department of the State of Oregon. Owner certifies that it has sufficient funds currently authorized for expenditure to finance the costs of this Contract within Owner’s current biennial appropriation or limitation.

Consultant…