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REQUEST FOR PROPOSALS

for

CONSTRUCTION MANAGER/GENERAL CONTRACTOR (“CM/GC”) SERVICES

for

THE CLACKAMAS WEB ACADEMY

RENOVATION PROJECT

5000 SE International Way, Milwaukie, Oregon 97222

Issued by:

THE CLACKAMAS WEB ACADEMY BOARD OF DIRECTORS

Issuance Date: April 8, 2026

Closing Date and Time: May 8, 2026, at 2:00 PM

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1. GENERAL INFORMATION ABOUT THIS PROJECT

The Clackamas Web Academy (the “Owner” or the “School”) is requesting proposals for Construction Manager/General Contractor Services (“CM/GC Services”) related to a renovation project in Milwaukie, Oregon (“Project”). The Owner desires to add a CM/GC Contractor (“CM/GC Contractor”) to the Project Team. The School Board of Directors (the “Local Contracting Review Board” or the “Board”), has drafted findings to exempt this procurement (the “Exemption Findings”) from the competitive bidding requirement for a public improvement contract under the authority of ORS 279C.335. The Board has granted the use of the alternative competitive method for procuring CM/GC Services for the reasons outlined in the Exemption Findings, pursuant to OAR 279C.337 and in accordance with OAR 137-049-0690.

1.1. Project Overview – The Clackamas Charter Alliance, dba Clackamas Web Academy (“CCA” or the “School”) is an Oregon public charter school operating pursuant to ORS Chapter 338 and under a Charter Agreement with North Clackamas School District. As a public charter school, the School is required to comply with the Oregon Public Contract Code pursuant to ORS 338.115. Clackamas Charter Alliance is an Oregon nonprofit corporation dba Clackamas Web Academy: a tuition-free, virtual public charter school.

The School is in the process of purchasing new permanent facilities at 5000 SE International Way, Milwaukie, Oregon 97222 (the “Facilities”), anticipated to be operational by the 2027-2028 school year, to accommodate grades kindergarten through 12th grade. While the School operates as a virtual public charter school, the Facilities will be used to provide in-person tutoring, testing and some instructions to studnets, while also provide office and administrative space for use by school employees and community members. The School is in the process of procuring the Facilities, subject to financing, and land use and permit approval. The School needs a quick and cost-effective buildout of classroom and administrative space.

The Facilities need remodeling, seismic rehabilitation, and other improvements necessary to and commensurate with the use of the Facilities as a K-12 virtual public charter school. Securing a guaranteed maximum price (“GMP”) construction contract for the Project is a condition of the School’s financing for its acquisition of the Facilities and must be accomplished thirty days prior to the closing of financing and acquistion, which is anticipated to be as early as June, 2026, but more likely in August or September, 2026. Accordingly, the School desires to solicit the services of a qualified CM/GC Contractor to provide pre-construction and construction services for the Project.

At approximately 26,700 square feet, the Facilities provide adequate space for the school’s initial population as well as future growth or affiliated programs. Formerly housing a retail restaurant and production facility for Bob’s Red Mill, plans for converting the Facilities into a school primarily involve interior improvements with limited exterior changes to the landscaping, lighting, or building façade. The interior will require demolition and approximately 17,600 square feet of improvements, including classrooms, a gym space, a cafeteria, office spaces, and storage spaces.

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In order to accommodate a regulation size basketball court, the contractor will need to remove (8) columns and install (4) steel trusses the clear span the basketball court. Some bathroom work will be required to add private stalls and additional fixtures. The building will require seismic retrofitting.

Other possible seismic retrofitting may be needed after further evaluation.

The school will open for students in August, 2027, requiring the new facility to be move-in ready by July, 2027. Unless multiple phases are necessary, the facility will be unoccupied during construction.

1.2. The Project Schedule –See Section 5 for a detailed RFP / Project Schedule.

1.3. The Project Budget - The Project funding will be from the School’s Building fund, borrowing or a combination of existing funds and borrowing.

The Contract Sum for the Project is presently estimated to be $4,500,000 million.

1.4. The Owner – The Clackamas Web Academy. Brad Linn, the School’s Principal, is the Single Point of Contact (the “SPC”) throughout this solicitation. All correspondence pertaining to this Request for Proposals (the “RFP”), including the submittal of proposals pursuant to Section 3.1, should be directed to:

Brad Linn Clackamas Web Academy 8740 SE Sunnybrook Blvd., Suite 350 Clackamas, OR 97015 Email: linnb@nclack.k12.or.us

1.5. DELETED.

1.6. The Architect – The School will select Scott Edwards Architecture to provide architectural and design services for the Project.

1.7. The Structural Engineer – The School will select ___TBD___ to provide structural engineering services for the Project.

1.8. The CM/GC Contractor – The CM/GC Contractor will consist of the successful Proposer as determined by the School.

1.9. The Project Team – The Project Team will consist of the CM/GC Contractor and its subcontractors, representatives of the School, the School’s Project Manager, Architect, and the Structural Engineer.

1.10. The Contract Documents – The Contract Documents will consist this RFP including any addenda, the Proposer’s Proposal, the AIA Document A133- 2019 Standard Form of Agreement between Owner and Construction Manager as Contractor, AIA Document A133-2019, Exhibit A, Guaranteed Maximum Price Amendment, the AIA Document A133-2019, Exhibit B, Insurance and Bonds, Amendment No. 1 to the AIA Document A133-2019 Required Public Contract Clauses; and the AIA Document A201-2019 General Conditions of the Contract for Construction.

mailto:linnb@nclack.k12.or.us

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2. SCOPE OF WORK

2.1. Overview – The services of the CM/GC will be provided in two phases:

2.1.1. Pre-Construction Services Phase.

2.1.2. Construction Services Phase.

Services outlined below are intended for the Proposer’s general information. The services required for the Project are not limited to those listed below but, rather, shall also be as detailed in the attached forms of Agreement.

2.2. Preconstruction Phase Services – Preconstruction Phase services are described in the AIA Document A133-2019 Standard Form of Agreement between Owner and Construction Manager as Contractor, attached as Attachment 1 to this RFP.

2.3. Construction Phase Services – Construction Phase services will be in conformance with the terms of the AIA Document A133-2019 Standard Form of Agreement between Owner and Construction Manager as Contractor as modified, attached as Attachment 1, and General Conditions of the Contract for Construction, AIA Document A201 – 2019 as modified, attached as Attachment 2. Duties of the CM/GC Contractor will include, but are not limited to the following:

2.3.1. Provide a qualified Project Manager, a full-time Superintendent, and needed staff at the job site to coordinate and provide general direction of the work.

2.3.2. Prepare and maintain a detailed Critical Path Schedule for monitoring project progress and keep the School and the Project Team advised during weekly construction team meetings.

2.3.3. Make available all cost and budget estimates, including support material, to the Project Team. Provide monthly reports of actual costs and schedule progress compared to estimated and projected costs and progress for the project.

2.3.4. Provide timely information regarding cost changes, claims or in response to Proposal Requests from Owner.

2.3.5. Inspect the work as it is being performed to assure that materials furnished and quality of work performed is in accordance with Construction Documents.

2.3.6. Work with the School and the Project Team to establish and implement procedures for expediting and processing all shop drawings and other submittals.

2.3.7. Establish effective programs relative to safety, job site records and labor relations.

2.3.8. Prepare and distribute monthly progress reports at construction team meetings.

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2.3.9. Review and process all applications for payment by trade contractors and material suppliers in accordance with the terms of the Agreement.

2.3.10. Schedule and conduct contractor/subcontractor coordination meetings to ensure orderly progress of the work.

2.3.11. Resolve, on behalf of the School, all disputes that may arise between subcontractors or suppliers as a result of the construction.

2.3.12. Formulate punch list(s), provide training to School staff, create and submit O&M manuals, submit as-built drawings and provide warranty coordination for all CM/GC and subcontractor work.

3. INFORMATION ABOUT THIS REQUEST FOR PROPOSALS

3.1. Proposal Submissions – Proposals will be accepted until May 8, 2026, at 2:00 p.m. (“Closing”). NOTE: All times referenced within this Request for Proposal shall refer to Pacific Time. Proposals must be emailed to the Single Point of Contact at the email address indicated in Section 1.4. Proposals must be sent by email. Proposals shall be signed by an authorized representative of the Proposer submitting the Proposal. Timely received Proposals will be opened, recorded and prepared for evaluation on May 8, 2026, 2:30 p.m. The contents of the Proposals will not be read aloud.

Proposals submitted after Closing are deemed late and will not be considered except as permitted in OAR 137-049-0350 or OAR 137-049-0390.

3.2. Rejection of Proposals –The Board may, in its discretion, reject a Proposal which, in the sole discretion of the Board, is incomplete, inadequate in its response, or departs in a substantive way from the format and information called for in this RFP, the Attachments and any Addenda.

3.3. Pre-Proposal Meeting – Before submitting Proposals, interested Proposers may attend an optional pre-proposal meeting and Project walk-through to be held April 15, 2026 at 9:00 a.m. at 5000 SE International Way, Milwaukie, Oregon 97222. Statements made by representatives of the School or Project Team at the pre-proposal meeting shall not be binding on the School unless confirmed by written Addenda as provided below.

3.4. Questions/Requests for Clarification/Addenda – All questions and requests for clarification or proposed changes to the RFP should be submitted to the Single Point of Contact, via electronic mail to linnb@nclack.k12.or.us, as soon as possible, but no later than 5:00 p.m. on April 20, 2026. The Board reserves the right, at any time, but no later than April 24, 2026, to make changes, clarifications or corrections to this RFP by the issuance of an Addenda. If the Board elects to make a change, clarification or correction after April 24, 2026, the Addenda may also extend the Proposal Closing. Any Addenda to this RFP will be posted on OregonBuys. Each Proposer shall acknowledge their receipt of all Addenda, if any, in their transmittal letter submitted with their Proposal.

ANY CORRECTIONS OR CLARIFICATIONS MADE IN ANY MANNER

OTHER THAN BY A WRITTEN ADDENDUM WILL NOT BE BINDING ON

BOARD, AND PROPOSERS SHALL NOT RELY THEREON.

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3.5. Costs For Preparation Of Proposals – The Board will not be responsible under any circumstances for the costs incurred by Proposers or others for the preparation, submission or negotiation (if the Board elects to negotiate) of their Proposals.

3.6. Prohibition Of Lobbying In Favor Of Proposals – Commencing with the issuance of this RFP, Proposers or others acting on their behalf are cautioned not to undertake any activities or actions to promote their Proposals. Proposers or others acting on their behalf shall not make direct or indirect (through others) contact with members of the Board, staff of the School, Project committee members, the Design Team, or others to promote their Proposals. Violation of this requirement may, in the Board’s sole discretion, be grounds for disqualifying the Proposer from further consideration.

3.7. Proposers’ Representations – By submitting a proposal for the Project, Proposers expressly represent that they have read and understand the terms and conditions contained in this RFP and that Proposers agree to be bound by such terms and conditions. Proposers further represent that they take no exception to any term, condition, obligation or requirement of the Contract Documents. Proposers understand and agree that any exception to the Contract Documents may result in rejection at the Board’s discretion.

Proposers further represent that they will report immediately to the Board in writing any errors, inconsistencies, ambiguities, terms that limit competition, or terms which are otherwise unlawful that they discover in the Contract Documents.

3.8. Proposer Withdrawal or Proposal Modification – By submitting a Proposal, Proposers agree to keep their Proposals open for 60 days from the Proposal Closing. A Proposal may be withdrawn or modified before the Proposal Closing but may not be withdrawn or modified during the 60-day period following the Proposal Closing (unless agreed to by the Board in writing), even if notice of intent to award has been issued or negotiations are ongoing with another Proposer. Should there be reasons why the Contract cannot be awarded within this 60-day period, the time may be extended by mutual agreement between the Board and the Proposer(s).

The Board’s award of the Contract constitutes acceptance of the Proposal and binds the Proposer to the Contract.

If a Proposer elects to withdraw its Proposal within the allowable time period stated above, the Proposer shall do so by written notice submitted on the Proposer’s letterhead, signed by an authorized representative of the Proposer, and emailed to the Single Point of Contact at the email address listed in Section 1.4 above. The Proposer may also withdraw its Proposal in person by delivering the same written notice. The Proposer shall mark its request to withdraw its proposal as follows: “Clackamas Web Academy Renovation Project Proposal Withdrawal”.

If a Proposer elects to modify its Proposal within the allowable time period stated above, the Proposer shall submit a written modification signed by an authorized representative of the Proposer along with a statement that the modification amends and supersedes the prior Proposal. The written modification shall be emailed to the Single Point of Contact at the email

7 52756-83062 4924-6263-4905.4 address listed in Section 1.4 above. Proposer shall mark the modification as follows: “Clackamas Web Academy Renovation Project Proposal Modification”.

3.9. Board Investigations – The Board reserves the right to obtain clarification of any point in a proposal or to obtain additional information necessary to properly evaluate a particular Proposal. Failure of a Proposer to respond to such a request for additional information or clarification may result in a finding that the Proposer is nonresponsive and consequent rejection of the proposal. The Board may obtain information from any legal source for clarification of any proposal or for information of any Proposer. The Board need not inform the Proposer of any intent to perform additional research in this respect or of any information thereby received. The Board may perform, at its sole option, investigations of the responsible Proposer.

Information may include, but shall not necessarily be limited to current litigation and contracting references. All such documents, if requested by the Board , become part of the public records and may be disclosed accordingly. The Board reserves the right to request revisions of proposals after the submission of proposals and before award for the purpose of obtaining best offers or best and final offers.

3.10. Prevailing Wage Rates - The construction work under the Contract resulting from this RFP will be a Contract for a public works project subject to the state prevailing rates of wage under ORS 279C.800 to 279C.870, the federal prevailing rates of wage under the Davis-Bacon Act (40 U.S.C. 3141 et seq.) or both the state and federal prevailing rates of wage. By submitting a Proposal, a Proposer agrees, if awarded the Contract for this Project, to be bound by and will comply with the prevailing wage rates at the earlier of the date upon which the parties enter into a Guaranteed Maximum Price amendment or when the Proposer is released to start work early, whichever is earlier. No Proposal will be received or considered unless the Proposer so agrees to be bound. A copy of the Oregon Prevailing Wage Rate Book may be accessed at:

https://www.oregon.gov/boli/employers/pages/prevailing-wage-rates.aspx.

3.11. Cancellation of Solicitation. The School may cancel this RFP if the School finds, in its sole discretion, that cancellation is in the public interest.

4. CONTENTS OF PROPOSAL

The following information is requested to allow for evaluation of the Proposal by the Board, or those individuals authorized by the Board to serve as the Evaluation Committee. Proposers must submit the Proposal via email to the Single Point of Contact at the email address indicated in Section 1.4 above. Proposals should concisely address all of the information requested.

Proposals must be accompanied by the following information:

Provide a front cover with the text “Clackamas Web Academy Renovation Project” at the top, and the Proposer’s name, address, telephone number, fax number, email, website and CCB license number at the bottom.

https://www.oregon.gov/boli/employers/pages/prevailing-wage-rates.aspx

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Provide a letter of transmittal, after the front cover, signed by an officer of the Proposer. The letter should state that all addenda (if any) have been received and acknowledged by Proposer.

Provide the following information in the order presented below:

1. Firm Background and References

1.1. Overview of Firm. Provide a brief overview of the firm, including:

a. Number of years in continuous operation;

b. Current number of employees;

c. Relationship to any parent, subsidiary, or affiliated business entity;

d. Annual gross dollar volume of work for last three (3) years and anticipated volume of work for this year;

e. Current company construction capabilities (types of work in which firm specializes, preferred range of job size, etc.);

f. A list all construction disciplines the firm would be capable of self-performing on this Project;

g. Current experience modification rate for workers’ compensation insurance; and

h. CCB License Number.

1.2. Claims History. State whether the firm is currently engaged in, or has engaged in the previous ten years, arbitration, litigation or other legal actions, either as plaintiff or defendant. State whether, during its last ten years, the firm has made a settlement (without specifying the amount) or been ordered by a court or arbitrator to make a payment to a plaintiff or claimant or has been found in violation of a regulatory statute which has resulted in fine, disbarment or other action by regulatory agencies. (Note:

Information agreed to be kept confidential in any settlement agreement need not be disclosed in Proposal).

1.3. Safety and Anti-Harassment. Provide a general description of the firm’s safety, drug and alcohol, and anti-harassment/antidiscrimination programs. Please include your site specific safety and anti-harassment plans.

1.4. References. Provide references for at least three (3) projects completed in the last five (5) years.

2. Firm Experience

2.1. Relevant Project Experience. Provide an overview of up to five (5) relevant CM/GC projects completed in the last ten (10) years. The best responses will include K-12 projects with size, scope and constraints similar to the Project. Information on these projects should include:

a. Brief description of the project, including size and location;

b. Brief description of preconstruction services provided, if any;

c. Owner’s name and the name of an individual employed by the owner, along with their current contact information;

d. Architect’s name and current telephone number;

e. Name and role of personnel proposed for this Project that were involved with the past project;

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f. Completion date;

g. Both the GMP, and the final cost of the work for each project; and

h. Total value of project claims that were litigated or arbitrated.

3. Proposed Personnel and Organization

3.1. Organizational Chart. Provide an organizational chart showing all proposed preconstruction and construction phase staff for the Project (to the Superintendent level). Indicate the firm’s commitment to assign these personnel to the Project through its completion. State the anticipated percent of time that each staff person will devote to this Project during (a) pre-construction and (b) construction phases.

3.2. Resumes. For each individual listed on the organizational chart, provide a resume that includes the following information:

a. At least two client references (including name and current telephone number) for the proposed individuals;

b. Primary office location;

c. Education;

d. Work history;

e. Length of employment with Proposer. If the length of employment is less than five years, provide prior work history going back at least five years;

f. Describe why this person has the appropriate skills for the delivery of this Project, and the time commitment available to this Project during the pre-construction and construction phases. If there are different personnel to be committed to different project phases or projects, note the phase or project this person will be involved in for this Project; and

g. Specific project experience similar to the role being proposed for this Project. For each project listed, please provide:

● Name and description of the project;

● Delivery method utilized (e.g. CM/GC, design-build or traditional design-bid-build);

● Project size (SF);

● Final construction cost;

● Completion Date; and

● The type and amount of work self-performed.

4. Project Approach

4.1. CM/GC and Value Engineering experience and plan

a. Describe the firm’s methodology and experience with Value

Engineering (“VE”) including particularly successful experience and/or unique services in this area. The best responses will include examples from the projects described in the Firm Experience section or projects in which staff members proposed for this project played a significant role.

c. Describe the firm’s job costing procedure and how you will keep the School apprised of project costs.

d. Describe the firm’s process for managing change orders, contingencies, allowances and their usage, and claims, including efforts to minimize them.

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4.2. Cost and Quality Control. Include the following information:

a. Describe how Proposer will manage the work to control costs and optimize savings during the pre-construction and construction phases. Indicate both the cost and quality control mechanisms Proposer intends to use on the Project, and how Proposer will help keep the Project on budget throughout the preconstruction and construction phases.

b. Proposer’s approach for managing price volatility and market conditions during the preconstruction phase.

c. Proposer’s expectations for labor and materials availability on this Project. Describe how anticipated challenges with availability of labor or materials could be mitigated.

d. Describe the methods the construction manager/general contractor will use to qualify and select subcontractors. The methods must be competitive.

e. How the construction manager/general contractor may determine the portions of the construction work that will not be subject to the above subcontractor qualification and selection process.

f. Identify the conditions under which the construction manager/general contractor or an affiliate or subsidiary of the construction manager/general contractor may perform or compete with other prospective subcontractors to perform construction work under the Project and describe the methods the construction manager/general contractor will use to qualify and select an affiliate or subsidiary to perform the construction work.

5. Fee Proposal.

5.1. Submit your company’s fee for providing the CM/GC services described in the draft AIA Document A133-2019, Standard Form of Agreement between Owner and Construction Manager as Constructor and related contract documents. Complete and submit the form labeled “Fee Proposal”, attached hereto as Attachment 6, to present your fee in the following categories. Any savings the CM/GC Contractor realizes in performing the public improvement contract will accrue to the School.

5.1.a. Pre-Construction Services. Identify the proposed hourly rate for preconstruction services to be provided prior to establishment of the Guaranteed Maximum Price”.

5.1.b. Construction Services. Provide a proposed percentage of Cost of Work fee for providing construction services after the execution of the GMP Amendment. Note that the Fee proposed for construction shall strictly adhere to the definition of “Fee” in the Owner/Contractor Agreement and General Conditions.

5.1.c. Fees for Changes. Provide the percentage fees, if any, for changes to the contract amount.

5.1.d. General Conditions and Requirements. Provide a detailed monthly estimate of all general conditions and general requirements costs which will be reimbursed under the terms of AIA Document A133-2019, Standard Form of Agreement between Owner and Construction Manager as Constructor subparagraphs 7.2, 7.5 and

7.6. For insurance and bond costs provide the rate which will be

11 52756-83062 4924-6263-4905.4 charged as a percentage of the Cost of the Work.

6. Proposer Certification. Complete and submit Proposer Certification form attached as Attachment 7, which:

6.1. Identifies whether the Proposer is or is not a "resident Proposer," as defined in ORS 279A.120(1);

6.2. Indicates that the Proposer will comply with Prevailing Wage Laws ORS 279C.800 through ORS 279C.870 or 40 U.S.C. 3141 et seq.;

6.3. Provides certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

6.4. Provides written acknowledgment of receipt of all Addenda.

7. Responsibility Inquiry. Complete and submit Responsibility Inquiry form, attached as Attachment 8.

8. Registration of Contractor. Proposers shall be currently registered with the Construction Contractors Board as required by ORS 701.021, or licensed by the State Landscape Contractors Board, as required by ORS 671.530, or licensed by the Department of Environmental Quality, as required by ORS 468A.710 (Air Quality), if required, holding the proper registration for the work contemplated herein, at the time of Proposal submittal.

FAILURE TO PROVIDE THE INFORMATION CALLED FOR IN THIS

PARAGRAPH MAY, AT THE BOARD’S DISCRETION, CAUSE THE

CONTRACTOR’S PROPOSAL TO BE REJECTED.

Note: Proposers must actually be registered with the CCB (or licensed with LCB or DEQ) and must not be listed by the CCB as disqualified from holding a contract for a public improvement at the time of submitting their proposals or their proposal will be rejected.

9. Identification of Confidential Information. Proposers must identify information constituting trade secrets under either ORS 192.345(2) or ORS 646.461(4), or confidential, proprietary information, included in the proposal if they wish to protect such information from disclosure either (a) to other proposers during the procurement process or (b) to the public as a public record. Proposers must designate trade secret and confidential, proprietary information appearing in the text of the proposal by including it within brackets and by including at the bottom of the proposal page on which they appear the applicable identifying legend(s):

9.1. This page contains information that constitutes a trade secret under ORS

192.345(2) and is not to be disclosed except in accordance with applicable law.

9.2. This page contains information that constitutes a trade secret under ORS

646.461(4) and is not to be disclosed except in accordance with applicable law.

9.3. This page contains confidential, proprietary information and is not to be

12 52756-83062 4924-6263-4905.4 disclosed except in accordance with applicable law.

In addition, Proposers are advised that price information submitted in response to a RFP is generally not considered a trade secret under the Oregon Public Records Law. Further, submitted information that is already in the public domain is not protected. The entire Proposal may not be labeled as a “Trade Secret” or “confidential, proprietary”. If a Proposal is entirely or predominately labeled as a “Trade Secret” or “confidential, proprietary information”, the Proposal may, in the Board’s discretion, be deemed non-responsive unless the improper designation of trade secret or confidential, proprietary information is corrected within the time (if any) allowed by the Board.

5. RFP / PROJECT SCHEDULE

The Board reserves the right to alter the schedule below at any time:

Issue RFP: Wednesday, April 8, 2026 Pre-Proposal Meeting/Tour (optional): Wednesday, April 15, 2026 (9 a.m./p.m.)

RFP Clarification/Protests Due: Monday, April 20, 2026 (5:00 p.m.)

Addenda Deadline: Friday, April 24, 2026 Proposals Due (Closing): Friday, May 8, 2026 (2:00 p.m.)

Opening: Friday, May 8, 2026 (2:30 p.m.)

Evaluation of Proposals: May 8 – 14, 2025 Notice of Intent to Award: May 15 (approximately) Award Protests Deadline: In accordance with Section 7.2 Planned Award Date: May 25, 2026 Notice to Proceed: June 2 , 2026 Target Date Execute GMP Amendment August 1, 2026 Target Date Substantial Completion July 1, 2027

6. PROPOSAL EVALUATION AND AWARD PROCESS

6.1. Overview – This RFP is issued by the Board, which has publicly advertised the RFP and made it available to the contracting community and other interested parties. The RFP asks for the contractor’s background and qualifications in the specific kind of work that is being contemplated.

Proposers are given an opportunity to present their background, capabilities, qualifications, ideas and cost proposals as they relate to the Project. The details of these submittal requirements are contained in Section 4 of this RFP. The Board will conduct the procurement in accordance with model rules the Attorney General adopts under ORS 279A.065. The Proposer who, in the opinion of the Evaluation Committee, submits the best overall proposal shall sign the Contract Documents, attached to this RFP. The terms of the Contract Documents may or may not be negotiated between the Board and the apparent successful Proposer, at the option of the Board. By submitting a Proposal a Proposer agrees it will execute the Contract Documents as is if the Board elects not to change their terms. If negotiations are commenced by the Board but fail, then the Board will either award based on the original proposal (which right is specifically reserved by the Board) or award to or cwa Cross-Out

13 52756-83062 4924-6263-4905.4 negotiate with the next best proposer, etc. until a contractor is chosen and the Contract Documents are signed.

6.2. Evaluation Committee – The Board will establish an Evaluation Committee, which may, in the Board’s sole discretion, include representatives from the Board, the School community and the Project Team. The Evaluation Committee will evaluate Proposals under a numerical scoring system as outlined in Section 6.5.

6.3. Information Available to Evaluation Committee –The Board will first review the Proposals for compliance with the RFP’s requirements. The Evaluation Committee shall receive copies of the Proposals, blank scoring sheets and the Board’s compliance review.

6.4. Evaluation Criteria/Interviews – Upon considering the information referenced in Section 6.3, the Evaluation Committee will first consider rejection of any proposals. Those Proposals not rejected will be evaluated by the Evaluation Committee under the criteria provided in Section 6.5 below. At the discretion of the Evaluation Committee, the evaluations may also be based on interviews to help clarify Proposals and evaluate the criteria. The Evaluation Committee may choose, in its sole discretion, to interview only certain Proposers and need not interview all.

6.5. Scoring Criteria/Weighting System – The Evaluation Committee will score each Proposal based on the following criteria with the following maximum points available:

Letter of Transmittal: Pass/Fail Firm Background and References: 10 points Firm Qualifications and Experience: 15 points Local Construction Experience 15 points Commitment to Using Local Subcontractors 5 points Proposed Personnel: 20 points Project Approach: 10 points Proposed Project Timeline 10 points Fee Proposal: 15 points

TOTAL: 100 points

Evaluation Committee members shall assign the qualifications scores in accordance with how well, in their opinion, the Proposer has demonstrated that it meets the criteria set forth in this RFP.

6.6. Finalization of Scores – Evaluation Committee members shall finalize their individual qualification scores and the scoring sheets will then be assembled and totaled. A summary of Proposals will be prepared which will show the relative scores given to each Proposal for each criterion. At its sole discretion, the Evaluation Committee may reconvene and collectively review the scoring, making changes as the Evaluation Committee as a whole deems appropriate. Though original qualifications scoring are done on an independent member-by-member basis, the Evaluation Committee members may change their scores, as they deem appropriate as a result of the discussions during any collective meeting. In

14 52756-83062 4924-6263-4905.4 the event interviews are conducted, the Evaluation Committee will rescore the subject Proposer(s) based upon both their submitted proposal and interview. Then the Evaluation Committee shall present the highest numerical score to be recommended to the Board for either award or negotiation. All submitting Proposers shall be notified of the selection results. If the Board accepts the recommendation (which it need not do) the Board will then either sign the Contract with the successful proposer or, at the Board’s option, negotiate in good faith the final Contract terms and conditions. If negotiations fail, the Board may either award based on the original proposal (which right is specifically reserved by the Board), or award to or negotiate with the next best proposer etc., until a proposer is selected and the Contract is signed.

6.7. Board Reservations – As stated, the Evaluation Committee will make a recommendation of award to the Board after the evaluation is complete.

The Board reserves the exclusive right to determine which Proposer should be awarded the Contract. The Board also reserves the right to reject, at any point in the process, any or all Proposals not in compliance with all prescribed RFP solicitation procedures and requirements and other applicable laws and the Board may reject any and all proposals upon the Board’s finding that it is in the public interest to do so. The Board may waive any informalities or minor defects as it deems appropriate. The Board reserves the right to negotiate with one or more Proposers regarding any particular or all aspects of the Contract Documents (including price) as determined by the Board once Proposals have been submitted. However, the Board does not have to negotiate with any Proposer. The successful Proposer may be required to sign the Contract with the Board without negotiation of any terms or conditions.

6.8. Contract Finalization – The Board intends to enter into the contracts with the successful Proposer in the forms attached to this RFP. The Board reserves the right to award or negotiate and award to the next best Proposer should award and/or negotiations with the best Proposer prove unsuccessful.

6.9. Bonding – The party to whom the contract is awarded will be required to execute the Contract Documents and, as part of the GMP Amendment, obtain payment and performance bonds no later than three (3) calendar days after the date that the Proposer signs the GMP Amendment. No later than ten (10) days after receipt of acceptable bonds and the GMP Amendment signed by Proposer, the Board shall sign the GMP Amendment.

6.10. Modifications to the Process – Proposers are advised that discretion may be exercised by the Evaluation Committee in resolving unforeseen circumstances that arise during this process. By submitting a Proposal each Proposer agrees to the Committee’s exercise of such discretion to ensure a timely conclusion of this process.

15 52756-83062 4924-6263-4905.4

7. COMPLAINT PROCESSES AND REMEDIES AVAILABLE

7.1.1. Protests of RFP – Protests of any of the terms or conditions (procedural or substantive) of this RFP (including but not limited to the terms and conditions of the proposed contract) shall be in writing and emailed to the Single Point of Contact no later than 5:00 p.m. on May 22, 2026 (unless such protests are based on subsequently issued addenda which protests shall be delivered within 24 hours of the issuance of the addenda).

Protests shall be marked as follows: Solicitation Specification Protest.

Protests must include a detailed statement of the legal and factual grounds for the protest along with any other information sufficient to enable the Board to evaluate the protest. Protests must also include a brief written description of the resulting prejudice to the Proposer and a written statement of the desired changes to this RFP. Requests for changes shall be marked as follows: Solicitation Specification Request for Change. If the Board agrees with the Proposer’s protest or request for change, in whole or in part, the Board shall either issue an addendum to this RFP reflecting its determination or, at its discretion, cancel the solicitation altogether.

It is the responsibility of the Proposer to timely inquire about, comment on, or clarify any specification, requirement, provision or feature of this RFP (including contract terms) that the Proposer disagrees with, does not understand, finds ambiguous, unclear, unfair, or likely to limit competition, within the time frame set forth above. The purpose of this timing requirement is to permit the Board time to correct any term or condition in the RFP which may be unlawful, improvident, unduly restrictive of competition or otherwise inappropriate. By permitting corrections before the opening of Proposals, much of the waste inherent in protests and in the possible rejection of all proposals can be minimized. In order to be considered, protests and requests for changes must be submitted within the time established herein or they are completely waived by the protester.

The Board shall not consider protests or requests for changes at a subsequent time. The Board will provide notice to the Proposer if the Board rejects the Proposer’s protest and/or Proposer’s request for change.

At its discretion, the Board may extend the Proposal Closing if the Board determines an extension is necessary to consider the protest or request for change and to issue an addendum, if any, to this RFP.

7.2. Protests of Award Decision – All protests of the Board’s award decision must be submitted in writing via email to the Single Point of Contact within seven (7) days of the issuance of the Notice of Intent to Award. Protests must include the identity of the Proposer and specify the grounds for the protest. The Board will address all timely submitted protests within a reasonable time following the Board’s receipt of the protest and will issue a written decision to the protesting Proposer.

8. DEBRIEFING

Upon written request, the Single Point of Contact may, at their sole discretion, meet with Proposers not selected within 30 days of the execution of the Contract. Written requests must be submitted within 15 days following the issuance of the Notice of Intent to Award.

16 52756-83062 4924-6263-4905.4

9. ATTACHMENTS

Attachments to this RFP include:

Attachment 1: AIA Document A133-2019, Standard Form of Agreement between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price

Attachment 2: AIA Document A133-2019, Exhibit A, Guaranteed Maximum Price Amendment

Attachment 3: AIA Document A133-2019, Exhibit B, Insurance and Bonds

Attachment 4 AIA Document A201-2017, General Conditions of the Contract for Construction

Attachment 5: Amendment No. 1 to AIA Document A133-2019

Attachment 6 Fee Proposal

Attachment 7: Proposer Certification

Attachment 8: Responsibility Inquiry

AIA

Document A133™ – 2019

Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:36:12 ET on 01/27/2023 under Order No.2114402971 which expires on 01/26/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.

User Notes: (1634170701)

52756-83062 4905-1660-8921.1

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

er

AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month, and year.)

BETWEEN the Owner:

(Name, legal status, address, and other information)

« Clackamas Charter Alliance ( dba Clackamas Web Academy) »« an Oregon public charter school » « 8740 SE Sunnybrook Blvd., Suite 350 » « Clackamas, OR 97015 » and the Construction Manager:

(Name, legal status, address, and other information)

«TBD»« »

for the following Project:

(Name, location, and detailed description)

« Clackamas Web Academy Renovation Project » « 5000 SE International Way » « Milwaukie, OR 97222 »

In general, work on the Project includes plans for converting the existing building into a school, primarily involve interior improvements with limited exterior changes to the landscaping, lighting, or building façade. The interior will require demolition and approximately 17,600 square feet of improvements, including classrooms, a gym space, a cafeteria, office spaces, and storage spaces. In order to accommodate a regulation size basketball court, the contractor will need to remove (8) columns and install (4) steel trusses the clear span the basketball court. Some bathroom work will be required to add private stalls and additional fixtures. The building will require seismic retrofitting.

Other possible seismic retrofitting may be needed after further evaluation.

The Architect:

(Name, legal status, address, and other information)

« TBD »« »

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:36:12 ET on 01/27/2023 under Order No.2114402971 which expires on 01/26/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms

The Owner and Construction Manager agree as follows.

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:36:12 ET on 01/27/2023 under Order No.2114402971 which expires on 01/26/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms

TABLE OF ARTICLES

1 INITIAL INFORMATION

2 GENERAL PROVISIONS

3 CONSTRUCTION MANAGER’S RESPONSIBILITIES

4 OWNER’S RESPONSIBILITIES

5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES

6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES

7 COST OF THE WORK FOR CONSTRUCTION PHASE

8 DISCOUNTS, REBATES, AND REFUNDS

9 SUBCONTRACTS AND OTHER AGREEMENTS

10 ACCOUNTING RECORDS

11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES

12 DISPUTE RESOLUTION

13 TERMINATION OR SUSPENSION

14 MISCELLANEOUS PROVISIONS

15 SCOPE OF THE AGREEMENT

EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT

EXHIBIT B INSURANCE AND BONDS

ARTICLE 1 INITIAL INFORMATION

§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.

(For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”)

§ 1.1.1 The Owner’s program for the Project, as described in Section 4.1.1:

(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.)

« See Project description above. »

§ 1.1.2 The Project’s physical characteristics:

(Identify or describe pertinent information about the Project’s physical characteristics, such as size; location;

dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.)

« See Project description above. »

§ 1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6:

(Provide total and, if known, a line item breakdown.)

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:36:12 ET on 01/27/2023 under Order No.2114402971 which expires on 01/26/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms

§ 1.1.4 The Owner’s anticipated design and construction milestone dates:

.1 Design phase milestone dates, if any:

«TBD»

.2 Construction commencement date:

.3 Substantial Completion date or dates:

July 1, 2027»

.4 Other milestone dates:

§ 1.1.5 The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below:

(Identify any requirements for fast-track scheduling or phased construction.)

«TBD»

§ 1.1.6 The Owner’s anticipated Sustainable Objective for the Project:

(Identify and describe the Owner’s Sustainable Objective for the Project, if any.)

«TBD»

§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234– 2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234– 2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective.

§ 1.1.7 Other Project information:

(Identify special characteristics or needs of the Project not provided elsewhere.)

§ 1.1.8 The Owner identifies the following representative in accordance with Section 4.2:

(List name, address, and other contact information.)

« Clackamas Web Academy » « 8740 SE Sunnybrook Blvd., Suite 350 » « Clackamas, OR 97015 » « Email: ________@________.com » « Phone: ___________ » « TBD – Project Manager/Owner’s Rep. ____________________ »

§ 1.1.10 The Owner shall retain the following consultants and contractors:

(List name, legal status, address, and other contact information.)

.1 Geotechnical Engineer:

mailto:________@________.com

AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:36:12 ET on 01/27/2023 under Order No.2114402971 which expires on 01/26/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms

«TBD»« »

.2 Civil Engineer:

«TBD»« »

.3 Other, if any:

(List any other consultants retained by the Owner, such as a Project or Program Manager.)

§ 1.1.11 The Architect’s representative:

(List name, address, and other contact information.)

«…