Linn County CMGC RFP 2025-132~1.pdf

Linn County, Oregon

Request for Proposals

Construction Manager / General Contractor (CM/GC) Services – Crisis Stabilization Center

RFP Number 2025-132

April 9, 2025

Mandatory Pre-Proposal Conference:

April 16, 2025 at 10:00 AM

To be held at:

Crisis Stabilization Center 1040 7th St SW

Albany, OR 97321

POINT OF CONTACT

Refer all questions to:

Terri McQueen, Contract & Procurement Manager 421 NE Water Ave, Suite 2300 Albany, OR 97321 541-704-3004 ext 2847 terrimcqueen@linncountyhealth.org

PROPOSALS DUE:

April 30, 2025 by 2:00 PM at

RFP No. 2025-132

Linn County Health Services, Administration Office 421 NE Water Ave, Suite 2300, Albany, OR 97321

SECTION A – TABLE OF CONTENTS

COVER PAGE

A. TABLE OF CONTENTS

B. GENERAL INFORMATION

B.1 Introduction B.2 Schedule B.3 Single Point of Contact B.4 Authority B.5 Applicable Laws and Rules for CM/GC Contracting……………………………….3 B.6 Prevailing Wage………………………………………………………………………3

C. SCOPE OF WORK ............................................................................................................... 4-7 C.1 Overview C.2 Information C.3 Services to be Provided C.4 Pre-Construction Services…………………………………………………………5-6 C.5 Construction Services………………………………………………………………6-7

D. PROCUREMENT REQUIREMENTS AND EVALUATION

D.1 Pre-Proposal Conference D.2 Submission Requirements ................................................................................. 7-11 D.3 Procurement Process ....................................................................................... 11-12 D.4 Evaluation Process ........................................................................................... 12-13

E. AWARD AND NEGOTIATION

E.1 Award Consideration E.2 Intent-To-Award Announcement E.3 Negotiation E.4 Insurance Required

F. PROTEST PROCEDURES

F.1 Solicitation Protests F.2 Contract Award Protests F.3 Response to Protests

G. MISCELLANEOUS TERMS AND CONDITIONS........................................................... 14-15 G.1 Costs of Proposals G.2 Addendum G.3 Cancellation G.4 Disputes G.5 Publicity G.6 Conflict of Interest G.7 Collusion G.8 Taxpayer Identification Number G.9 Business Registry G.10 Additional Reservations

EXHIBITS ............................................................................................................................... 16-28 Exhibit A: Sample Contract Agreement (also see attached PDF) Exhibit B: Sample General Conditions (also see attached PDF) Exhibit C: Fee Proposal Instructions / Form / Matrix ............................................. 18-25 Exhibit D: Affidavit of Trade Secret Exhibit E: Proposer Information and Certification Sheet ....................................... 27-28

SECTION B – GENERAL INFORMATION

B.1 Introduction.

The Linn County Health Services Office (“County”) is currently accepting proposals from qualified firms to provide CM/GC Services. The County intends but is not required to select a firm or firms to provide preconstruction and construction related services for the Crisis Stabilization Center project. The successful firm will report directly to the Health Services Contract Manager, or their designee, during the project.

Additional details on the scope of services to be provided is included in Section C - Scope of Work.

The County anticipates the award of one contract from this RFP.

B.2 Schedule.

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event Date Time

Pre-Proposal Conference April 16, 2025 10:00 AM

Questions / Requests for Clarification Due April 23, 2025 10:00 AM

Closing (Proposals Due) April 30, 2025 2:00 PM

Possible Interviews May 8, 2025 TBD

Issuance of Notice of Award (approx.) May 13, 2025 5:00 PM

Commencement of Contract May 20, 2025

Early Procurement of Long Lead Items TBD w/ selected CM/GC

100% Design Development Estimating June 2025

75% CD Estimate / GMP Estimating August 2025

Start of Construction November 2, 2025

Substantial Completion May 30, 2026

B.3 Point of Contact.

The Point of Contract (POC) for this RFP is identified on the Cover Page of this RFP, along with the POC’s contact information. Proposers shall direct all communications related to any provision of the RFP, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the POC.

B.4 Authority.

The County is issuing this RFP pursuant to its authority under both state law and Linn County Code. The County is using the Request for Proposals method of procurement, pursuant to ORS 279C and LCPR 137-048.

B.5 Applicable Laws and Rules for CM/GC Contracting The County expects each proposer to have read the applicable public contracting statutes, and the Oregon Attorney General’s Model Rules related to public contracting using the CM/GC delivery method found in Oregon Revised Statutes (“ORS”) Chapter 279C.337 and Oregon Administrative Rules (“OAR”) 137-049-0690 (the “CM/GC Laws and Rules”).

Proposers must comply with all applicable CM/GC Laws and Rules in all material respects. Failure of a proposer to comply in any material CM/GC Laws and Rules may result in the rejection of a proposal or contract termination.

B.6 Prevailing Wage This Project is a “public work” as defined by ORS Chapter 279C.800(5), and Contractor and all subcontractors are subject to, as applicable, the Oregon Bureau of Labor and Industry (“BOLI”) prevailing wage rate provisions in ORS 279C.800 through 279C.870. The County is utilizing federal ARPA funding for this Project, and Davis-Bacon Act rules and regulations may apply. As applicable, the prevailing wage rate for qualifying work under state and federal regulations will be paid at either the Oregon BOLI prevailing wage rate, or the federal Davis-Bacon Act prevailing wage rate, which ever is higher. The dates for specific wages rates to prepare the GMP will be determined during the pre-construction phase.

SECTION C – SCOPE OF WORK

C.1. Overview.

Linn County Health Services (LCHS) is opening a Crisis Stabilization Center (CSC) located at 1040 7th Ave SE, Albany, OR 97321.

The CSC will be open 24/7 and allow community members who are experiencing a mental health crisis to meet with a crisis worker.

We will have an intake area, respite area (23-hour facility), short-term stabilization area for children, adolescents, and adults, offices, support area, and central staff amenities. LCHS plans to expand our crisis response system to include a 24/7/365 Crisis Stabilization Center as the third and last State initiative in developing a comprehensive system of crisis care for our community.

This will be a place where individuals in crisis will receive targeted support from trained professionals including risk assessment, crisis recovery planning, treatment, and referrals/resources. Individuals needing enhanced support can access stabilization services in a stress-free environment for up to 23 hours while a collaborative aftercare crisis plan is developed reducing visits to the hospital emergency room.

The Linn County Stabilization Center Project goals are focused in three main areas:

Create a space to reduce utilization and length of stay in emergency departments

a) Patient Experience: Creating an environment that fosters calmness, self-regulation, and de-escalation, emphasizing both perceived and actual safety for all patients. This includes maintaining patient privacy and dignity, ensuring patient autonomy and choice, providing a secure and welcoming space for children, adolescents, and adults in crisis, and providing support and care to anyone in need.

b) Staff and First Responder Needs: Designing a streamlined and cohesive operational and supportive work environment that fosters the relationship between behavioral health crisis care and law enforcement, and that provides a more integrated response to crises, including enhanced security and safety of both staff and first responders.

c) Community Impact: Enhancing the healthcare landscape of Linn County by introducing new levels of care, including immediate access to behavioral health services for both youth and adults. A primary objective is providing a more therapeutic approach to behavioral health needs, with a focus on reducing behavioral health stigma within the neighboring community and enhancing community relations through the inclusive design process and the final design of the building.

C.2 Information.

The Work performed by the successful proposer from this RFP (the “CM/GC”) will be conducted in two (2) phases: Pre-Construction and Construction Phase work, each of which are generally outlined below.

A full copy of the RFP and architects schematic design packet is available on the Health Services website at https://www.linncountyor.gov/health- administration/page/linn-county-healths-rfps

C.3 Project Collaboration The chosen CM/GC firm will act as a bridge between construction and design throughout the Project. They will be responsible for clearly explaining construction considerations to all Project Team members, including Compass Project Solutions (Owner Representative), Design Team (Pinnacle Architecture and their subconsultants), County, and other stakeholders, during both the design and construction phases. This ensures everyone is on the same page and potential issues can be addressed early.

The CM/GC firm will also play a leadership role in establishing a formal partnering process. This formalizes collaboration between all parties involved in the project, fostering a more efficient and successful build. Moreover, the CM/GC firm should possess a deep understanding of the local labor market and subcontractor landscape. This expertise allows them to actively seek out subcontractors who can offer the most competitive pricing, ultimately delivering cost-effective construction for the Project.

C.4 Pre-Construction Services The CM/GC will perform the following as part of the pre-construction scope of the project.

C.4.1 Project Planning and Design Review.

a. Conduct a thorough review and analysis of project plans, specifications, and constructability.

b. Provide input during the design phase to enhance constructability and mitigate potential issues.

c. Analyze plans and specifications and recommend specific phasing and construction means and methods to minimize cost overruns and/or material and equipment procurement challenges during the construction phase of the project.

C.4.2 Collaboration with the County and other members of the project team, including:

a. Meeting with the County and Architect/Engineer team as requested to facilitate the Project.

b. Consulting with, advising, assisting, and providing recommendations to the County and the project team on all aspects of the planning and design of the Project.

c. Working with the design team throughout the design process to understand the interrelationships between project systems.

d. Providing recommendations, functional evaluations, cost comparisons and assessments to assist the Architect.

C.4.3 Cost Estimation.

a. Prepare detailed cost estimates (in Uniformat categories matching A/E estimate format for SD estimates) based on project plans and specifications at the following major milestones. Format for subsequent estimates to be in format mutually agreeable to County, Architect and CM/GC:

(1) 100% Design Development Phase Estimate

(2) 75% Construction Documents Phase/GMP Estimate

(3) Final Construction Documents Bidding and Cost Reconciliation

b. Explain how you will provide, and maintain with design workflow, a total cost model for design options and systems under consideration.

C.4.4 Value Analysis and Engineering.

a. Work with the design team to identify opportunities to optimize the design without compromising functionality or quality.

b. Propose alternative materials, systems, or construction methods that could deliver cost savings and/or improve project performance.

c. Indicate your process and provide examples of successful target value estimating and design process employed on previous projects.

d. Explain how contingencies within the GMP are determined and managed throughout the entire process.

C.4.5 Scheduling.

a. Develop comprehensive project schedules, including milestones and critical path activities. Collaborate with the County, Compass Project Solutions and Pinnacle Architecture on determining the value and process for early bid packages, early long-lead equipment procurement packages, and bidding packages. Coordinate with subcontractors and suppliers to ensure timely delivery of materials and services. Develop schedules that allow for materials procurement to be scheduled in a way to minimize on site disruptions to Linn County Health Department operations. Advise the County regarding best value for temporary construction to maintain ongoing Health Department operations.

C.4.6 Subcontractor Selection in preparation for establishing a final Guaranteed Maximum Price (GMP) for the construction Work, including:

a. Create bid packages in collaboration with the County, Compass Project Solutions and Pinnacle Architecture.

b. Establish a subcontractor selection plan. The plan should include the process for determining and selecting the best value subcontractor for each trade.

c. Obtain County’s pre-approval if CM/GC plans to bid on any of the bid packages (act as a bidder)

d. Solicit bids from qualified subcontractors and vendors.

e. Evaluate bids and negotiate contracts for subcontracted work.

C.4.7 Permitting and Regulatory Compliance.

a. Obtain necessary permits and approvals from all pertinent authorities having jurisdiction (AHJ) agencies.

b. Ensure compliance with all applicable laws and regulations throughout the project lifecycle.

C.4.8 Risk Management.

a. Identify potential risks and develop strategies to mitigate them. In addition, provide your approach to risks and strategies specific to working adjacent (across the hallway) to an occupied Health Department facility.

b. Establish contingency plans to address unforeseen circumstances.

C.4.9 Guaranteed Maximum Price (GMP) to Construct the Project.

Provide the County with a GMP (or phased amendments allowing procurement and / or construction for initial bid packages) to construct the project in full conformance with Construction Documents and Specifications. The GMP shall be an ‘open book’ process that shows all subcontractor bids, assumptions, exclusions, costs of insurance and bonds, CM/GC fee (inclusive of Oregon’s Commercial Activity Tax (CAT)), general conditions and other overhead, and all costs to construct the project.

C.5 Construction Services The project may potentially include separate packages for long-lead procurement of materials and equipment and building construction. Some of the anticipated elements may be combined into consolidated bid packages.

C.5.1 Guaranteed Maximum Price (GMP) and Early Work.

a. If a GMP Amendment or Early Procurement Amendment is executed, the CM/GC’s scope of work will encompass the complete construction of the Linn County Crisis Stabilization Center (the "Work") as defined within the Contract Documents. These documents will be developed collaboratively with the CM/GC during the preconstruction phase.

C5.2 Construction Execution.

b. The CM/GC will be responsible for completing the Work according to the final Contract Documents.

c. The project schedule will be guaranteed under the terms of the contract between the County and the

CM/GC.

d. Subcontracts for specific work will be established directly between the CM/GC and qualified subcontractors.

e. Both the main contract and subcontracts may include provisions for liquidated damages in case of project delays.

C5.3 Communication and Reporting.

b. The CM/GC will be required to hold regular construction meetings to keep all stakeholders informed.

c. The CM/GC shall prepare progress reports and distribute these reports to the County and Design

Team on a mutually agreed-upon schedule. These reports will typically include but not limited to project photos, updated construction schedule, and financial summaries.

C5.4 Permitting and Inspections.

d. The CM/GC will develop a comprehensive permitting management schedule to ensure timely project completion.

e. The CM/GC will also be responsible for obtaining and managing all necessary permits, testing, and inspections required for the project work as outlined in the Scope of Work.

C5.5 Reservation of Rights The County issued this RFP with the goal of selecting a CM/GC for Pre-Construction and Construction Phase Work of the Project described above; however, the County reserves the right at its sole discretion, to terminate the work of the selected CM/GC at the conclusion of the Pre-Construction Services Phase for any reason and issue a separate solicitation for the Construction Phase of the Project.

SECTION D – PROCUREMENT REQUIREMENTS AND EVALUATION

D.1 Pre-Proposal Conference.

A mandatory pre-proposal meeting will be held at the date and time listed in the Schedule provided in Section B.2. Prospective Proposers’ participation in this meeting is mandatory. Only Proposers who attend this mandatory meeting will be able to submit proposals in response to this solicitation.

Location:

Crisis Stabilization Center, 1040 7th St SW, Albany, OR 97321

The purpose of the pre-proposal conference is to:

Provide additional description of the project;

Tour the area of the Crisis Stabilization Center renovation with prospective Proposers;

Explain the RFP process; and Answer any questions Proposers may have related to the project or the process.

Verbal comments or responses given by County staff are not binding and will not serve to modify any portion of this RFP unless later confirmed by a written addendum to this RFP. The County may request that particularly detailed or technical questions, or those that require additional consideration and research, be submitted in writing (see Section D.3.4). Proposers are responsible for all costs associated with attending this meeting.

D.2 Proposal Requirements.

D.2.1 Submission Requirements. Proposals should follow the format and reference the sections listed below. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information. Proposers shall submit one original and three (3) additional copies. In addition, Proposers should include one digital copy of their Proposal on CD or USB that is in PDF format. Proposals shall be submitted in sealed packages or envelopes. Proposals not conforming to these standards may receive lower scores if, for example, proposals are unnecessarily lengthy or responses to evaluation questions are not easily located within the proposal. To ensure proper identification and handling, all packages and envelopes shall be clearly marked as follows:

RFP Title: CM/GC Services – Crisis Stabilization Center RFP No.: 2025-124 Attn: Terri McQueen, Contract & Procurement Manager Linn County Health Services 421 NE Water Ave, Suite 2300 Albany, OR 97321

D.2.2 Proposal Content Requirements. All Proposals must include the following information, and shall be organized as listed below with the following sections:

D.2.2.1 Cover Letter.

Provide a one to two-page cover letter that:

a. Introduces your team and summarizes your proposal;

b. Lists any subcontractors or subconsultants that will be working on the project, including a brief description of their role; and,

c. Includes the name, mailing address, phone number, and email address of your primary point of contact for this

RFP.

D.2.2.2 Management of the Work

Describe in detail your overall plan to manage the Project, including the following as a minimum:

i. Describe your proposed Pre-Construction Services Plan, that defines each preconstruction service you intend to provide, including:

1) investigation of existing conditions to ensure construction documents reflect the actual site conditions;

2) Design and Construction Document coordination review and comments verifying their implementation;

3) your firm’s approach when working as a project team member during design;

4) design and target cost validation, budgeting, cost estimating, and tracking and reconciliation;

5) management of price volatility and market conditions when providing cost estimates during the design phase without being unreasonably conservative;

6) constructability issues including assistance identifying safe work practices and requirements for construction;

7) value engineering and alternative construction options, products, and engineering systems for cost savings and life cycle cost design considerations;

8) schedule, change recommendations and advice on long-lead procurement packages;

9) recommended phasing and sequencing of work to maximize construction site efficiencies;

10) assessment and recommended site logistics requirements;

11) subcontract plan preparation and procurement planning; and

12) cost estimating methodology, and systems utilized to adhere to requirements for detailed accounting and tracking of costs in accordance with the project budget.

ii. Address the person(s) responsible for each service, a description of the deliverable(s) that will be provided to the Owner and design team upon completion of each service and the action you intend to take or intend for the design team to take based on the information contained in each deliverable.

iii. Briefly identify three or more examples of projects that demonstrate the range of Preconstruction Services your firm has provided on previous public or private sector CM/GC projects with a guaranteed maximum price (GMP).

iv. To clearly show an understanding of the scope and complexity of the Project, identify key issues and potential constraints and risks anticipated for the Project, including areas of design, construction, and management, and describe your plan for addressing these issues and maintaining the progress of the work.

v. With the understanding that a team effort by the entire Project Team will be required to develop an approach to the design and construction sequencing and phasing, describe the work sequencing and phasing process, and logistics plan, that you would use to ensure that the project is completed in the most efficient timeline possible and that existing adjacent operations are maintained throughout construction operations, and that minimize disruptions to existing adjacent facilities.

vi. Describe your firm’s approach toward managing projects with critical timelines that have completion dates that cannot be moved.

vii. Describe your plan to establish and maintain good relationships and foster open and productive communications with other members of the Project Team and the public, including communication of current and upcoming construction activities.

D.2.2.3 Proposed Personnel and Organization i . Provide a project organization chart showing the proposed key staff for this Project in the following areas (at a minimum), and describe the duties and responsibilities for all key staff positions:

• Company Executive and/or Senior PM with responsibility for the project and the authority to bind the company

• Project Manager

• Project Engineer/Engineers

• Superintendent

• Estimator

• Safety Supervisor

ii. Indicate the approximate percentage of each week that each person shown on the organization chart is anticipated to be working on the Project and their primary work location (onsite or offsite) during both the design phase and throughout the construction phase of the Work.

iii. Provide resumes for all key individuals shown on the chart. Resumes must include education, work history, length of tenure with the proposing company, and specific project experience in the role proposed for this project. Each project experience example must include the title, description, construction cost, dates and durations for the project and the name, company name, position title, and telephone number for the owner or owner representative that was responsible for the project. By listing individuals in the Proposal, proposer warrants that these individuals will be available to work on the Project at the approximate percentages shown in the proposal. The Owner reserves the right to approve or reject any changes to the proposed personnel, and to require substitution of personnel if deemed to be in the best interest of the Owner.

iv. Provide an organizational chart of the company; include all wholly owned subsidiary companies and define their relationship in providing personnel or equipment for the Project.

D.2.2.4 Cost Management

i. Describe how the proposer will approach cost estimating and value engineering.

ii. Describe your plan for managing and tracking the cost for the work; include descriptions of cost tracking tools and summary reports.

iii. Describe your approach for establishing and maintaining a contingency fund to ensure that the project budget is not exceeded.

iv. Describe your proposed method of documenting the line item components of the GMP and your proposed method for determining whether project changes are within or outside the scope of the GMP.

v. Describe your past performance on other CM/GC contracts within the past seven years. For each project, list the project name, client name & contact information, completion date, quantity of RFI’s written, contract GMP amount, contingency $ included in GMP and contingency $ returned to owner at conclusion of the project.

D.2.2.5 Schedule, Quality Control and Safety

i. Describe your approach to managing the construction schedule. Include a description of the elements of this Project that are likely to put the schedule at risk and how they would be proactively managed. Include descriptions of schedule tracking tools and summary reports.

ii. Describe your expectations for labor and materials availability on this Project. Describe how anticipated challenges with availability of labor or materials could be mitigated. Explain your plan to generate sufficient subcontractor and material supplier competition in the bidding to minimize Project costs.

iii. Discuss opportunities and challenges that you see to complete the project as efficiently as possible. Describe how the opportunities will benefit Owner and describe how the foreseeable challenges will be addressed by your firm.

iv. Describe your proposed quality control plan and how it will be implemented.

v. Describe your proposed general safety program, including training, hazard identification, and audit/inspection.

Include specific information on subcontractor and employee accountability for safety, formal disciplinary program, and Company EMR (Experience Modification rating) safety record for the last five (5) years. Specifically describe how you will manage and supervise the work to ensure a safe environment.

D.2.2.6 Procurement Strategies

i. Describe in detail your subcontractor and supplier procurement/selection process. Address what criteria you would propose to use in evaluating subcontractor/supplier bids before making subcontractor and supplier selections on this project. Discuss how your firm mitigates project risks due to potential subcontractor insolvency, material commodity shortages and labor workforce shortages.

ii. Specifically describe any strategies and experience that you have for bringing on board key subcontractors during the pre-construction services phase of the Project while maintaining a competitive procurement climate.

iii. Describe your approach to the use of design build subcontractors. Do you envision any specific opportunities on this project to use design build subcontractors?

iv. Describe your approach to maximize local subcontractor participation.

v. Describe other ways you believe you will be able to assist Owner in maximizing efficient and effective procurement strategies.

vi. Competitive procurement of all scopes is important in public contracting. Please describe any scopes of work that your firm, subsidiary or your firm or firm sharing common ownership with your firm may be interested in submitting a self-performed bid for and describe your track record in ensuring open and fair competition in these bid packages, ensuring competition to provide best value to the owner. Please note that owner will only consider opportunities for selected CM/GC to submit bids for self-performance of work if at least 80% of labor for that scope of work is being performed by workforce employed by the CM/GC and/or CM/GC subsidiary.

D.2.2.7 Case Study Projects; References

i. Provide case study examples of at least five projects you have completed within the last seven years that you believe are most relevant or similar to the Owner Projects. Identify if any proposed team members were involved with these projects and in what role. Indicate how these projects compare to the Owner Projects in terms of project delivery method, size, scope, complexity, etc. Note that supplemental information such as project cost, schedule, quality and warranty data may be gathered by selection committee from specific case studies provided that may be used in determining scoring of the proposer under this section.

ii. Provide reference information identifying the owner, owner’s project manager, architect and key subcontractor trades for mechanical, electrical and drywall finishes for each of the five referenced projects. Provide names, titles, phone numbers, and email contact information. This information, as well as any other industry contacts that Owner deems appropriate, will be used as reference checks and scoring for the proposer.

D.2.2.8 Sample Contract; General Conditions The sample draft contract and general conditions to the contract presented in Exhibits A and B will be the basis of the agreements for services provided by the selected proposer on the project. The proposer must identify in its proposal all exceptions and proposed revisions to the contracts. Owner will consider all exceptions and proposed revisions but Owner is not obligated to accept them.

D.2.2.9 Fee Proposal.

Using Exhibit C (Fee Proposal Instructions, Fee Proposal Form, and Fee Proposal Matrix), the proposer must provide a proposed fee for providing the CM/GC services in three parts:

i. Preconstruction Fee: a reimbursable maximum, not-to-exceed Preconstruction Fee for the Project, reflecting the activities required in Section 3.2.A and in Exhibit C of this RFP. This fee will be paid on a cost reimbursement basis and must be submitted as a maximum, not-to-exceed number.

ii. Construction Phase General Conditions Staffing Costs: a total Project cost reimbursable maximum not-to-exceed fee for that portion of the Costs of General Conditions Work associated with staffing the site during the Project’s Construction Phase. This fee must cover all line items identified in Exhibit C as “General Conditions Work Cost.”

iii. CM/GC Fee: expressed as a percentage of the Estimated Cost of the Work for this Project. The CM/GC Fee must include, at a minimum, the Construction Management elements and Costs Excluded from Cost of the Work, as specified in the CM/GC Contract; CM/GC Fee will not be collected on the Preconstruction costs or the Construction Phase General Conditions Staffing costs. This fee must cover all line items shown in the column titled Percent Fee Percentage in Exhibit C, Fee Proposal Matrix.

Items identified in the contract as applicable to the CM/GC Fee will not be reimbursed as General Conditions Work (“GC Work”). GC Work means that portion of the Work that is required to support construction operations and is called out as GC Work, but which is not included within overhead or general expense, as identified in the contract, and any other specific categories of Work identified as part of the GC Work and approved in writing by Owner. See Exhibit A – Form of CM/GC Contract for details.

D.2.3 Proposer Information and Certification Sheet. In addition to providing the information requested above, Proposals must include a Proposer Information and Certification Sheet, attached hereto as Exhibit E.

D.2.4 Not Used

D.2.5 Public Record/Confidential or Proprietary Information. All information submitted by a Proposer shall be public record and subject to disclosure pursuant to the Oregon Public Records Act (ORS 192.410 et seq.), except such portions of the proposals for which proposer requests exemption from disclosure consistent with Oregon law. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2), or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Affidavit of Trade Secret (Exhibit D) and a fully redacted version of its Proposal. If a Proposer fails to identify the portions of its Proposal that Proposer claims are exempt from disclosure, the Proposer has waived any future claim of non-disclosure of that information. Identifying the Proposal, in whole, as exempt from disclosure is not acceptable.

The fact that a Proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. Any portion of a Proposal that the Proposer claims constitutes a “trade secret” or is “confidential” must meet the requirements of ORS 192.501(2) and ORS 192.502(4). The County will make an independent determination regarding exemptions applicable to information that has been properly marked and redacted. Unless expressly provided otherwise in this

RFP or in a separate communication, the County does not agree to withhold from public disclosure any information submitted in confidence by a Proposer unless the information is otherwise exempt under Oregon law.

If the County refuses to release the records, the Proposer agrees to provide information sufficient to sustain its position to the District Attorney of Linn County, who currently considers such appeals. If the District Attorney orders that the records be disclosed, the County will notify the Proposer in order for the Proposer to take all appropriate legal action. The Proposer further agrees to hold harmless, defend and indemnify the County for all costs, expenses and attorney fees that may be imposed on the County as a result of appealing any decision regarding the Proposer’s records.

D.2.6 Proposal Submission. Proposer is solely responsible for ensuring its Proposal is received by the County in accordance with the RFP requirements before the closing date and time listed in Schedule B.2. The County is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Proposal submitted by any means not authorized may be rejected.

D.2.7 Acceptance of Contract Terms. By submitting a Proposal, Proposer shall accept all terms and conditions of the County’s Contract as shown in Exhibit C, attached hereto and incorporated herein by reference.

D.3 Procurement Process.

D.3.1 RFP Availability. This RFP, including all Exhibits and Amendments, are available by contacting the POC described in Section B.3. The POC will email this RFP, including all Exhibits and Amendments, upon request but will not be mailing these documents to prospective Proposers unless requested pursuant to Section D.3.2.

D.3.2 Hard Copy Document Fees & Delivery. Proposers may also request hardcopies of the RFP, Exhibits, and Amendments from the POC. All costs for these documents and any associated delivery fees are at Proposer’s expense.

D.3.3 Amendments. Any amendments to the original solicitation can be viewed by contacting the POC to make arrangements.

Proposers may request automatic notifications of any subsequent amendments to the RFP through the POC described in Section B.3. Except to the extent required by public interest, the County shall not issue an amendment less than 72 hours before the Proposal due date and time unless the amendment also extends the due date and time.

D.3.4 Clarifications, Objections, and Questions. Any Proposer that finds discrepancies in, or omissions from any provision of the RFP or Exhibits, or has doubt as to the meaning, shall make a request for clarification or modification in writing, to the POC described in Section B.3. To be considered, the request for clarification or modification must be received by the County by the date and time described in the Schedule provided in Section B.2. Clarifications, whether verbal or in writing, do not change the RFP, Exhibits, contractual terms, or procurement requirements of this RFP unless a formal amendment has been issued by the County.

If a substantive clarification is in order, a formal amendment will be issued pursuant to Section D.3.3.

D.3.5 Withdrawal of Proposals. If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a written notice signed by an authorized representative of its intent to withdraw its Proposal. The notice must include the RFP number and be submitted to the POC no later than the due date and time identified in Section B.2.

D.3.6 Proposal Due. Proposals and all required submittal items must be received by the POC on or before the closing date and time identified in the Schedule provided in Section B.2, or as amended. Proposals received after the closing date and time are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

D.3.7 Proposal Rejection. The County may reject a Proposal for any of the following reasons:

Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including, but not limited to, the requirement that Proposer’s authorized representative sign the Proposer Information and Certification Sheet in ink.

Proposer fails to meet the responsibility requirements of ORS 279B.110.

Proposer makes any contact regarding this RFP with County representatives such as County employees or officials other than the POC or those the POC authorizes, or inappropriate contact with the POC.

Proposer attempts to inappropriately influence a member of the Evaluation Committee.

Proposal is conditioned on the County’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Addenda.

D.3.8 Opening of Proposal. There will be no public opening of proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Intent-to-Award Notification is issued. However, the County will record and make available the identity of all Proposers after the opening.

D.4 Evaluation Process.

D.4.1 Responsiveness and Responsibility Determination. Proposals received prior to closing will be reviewed for responsiveness to all RFP requirements. If the Proposal is unclear, the POC may request clarification from the Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the POC finds the Proposal non-Responsive, the Proposal may be rejected; however, the County may waive mistakes in accordance with LCPR 137-047.

At any time prior to award, the County may reject a Proposal found to be not Responsible in accordance with LCPR 137-047 and ORS 279B. In doing so, the County may investigate the Proposer and request information in addition to that already required in the RFP, when the County, in its sole discretion, considers it necessary or advisable.

D.4.2 Evaluation Criteria. Owner’s evaluation team will consider information provided in the written proposal and interviews, and will rank the proposers according to the following criteria. Written proposals will receive a maximum of 200 points and interviews will receive a maximum of 100 points, for a total maximum score of 300 points. The maximum points available for each evaluation criterion are:

i. Management of Work…………………………...(see section 4.4.A)……………………………. 25 points maximum

ii. Proposed Personnel and Organization………..(see section 4.4.B)……………………………. 20 points maximum

iii. Cost Management…………………………….. (see section 4.4.C)……………………………. 20 points maximum

iv. Schedule, Quality Control, and Safety………..(see section 4.4.D)…………………………….. 20 points maximum

v. Procurement Strategies………………………..(see section 4.4.E)………………………………20 points maximum

vi. Case Studies…………………………………...(see section 4.4.F.i)……………………………..20 points maximum

vii. References…………………………………….(see section 4.4.F.ii)……………………………..25 points maximum

viii. Fee Proposal………………………………….(see sections 4.7, 5.6, and Exhibit C)………….50 points maximum

Written Proposal………………………………………………….200 points maximum

ix. Interview…………………………………………………………………………………………….100 points maximum

Total Points………………………………………………….300 points maximum

The POC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request must be done only to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

D.4.3 Fee Proposal Scoring Owner will award a maximum of 50 points to each fee proposal as follows:

Preconstruction Fee Maximum of 10 points: The Pre-Construction fee will be scored based upon its deviation from the median cost proposed by the field of proposers.

Philosophy: The Project requires you to perform a given required amount of work as described in the sample contract, for the duration of time described in the RFP. The Pre-Construction fee should be an accurate reflection of the effort required to perform those services. This scoring methodology will reward the firm that hits the “sweet spot” in the middle of the group of responsive proposers.

Example Outcome with 5 Proposers:

Proposed Costs for Pre-Construction Services: $22,500; $25,000; $30,000; $31,000; $38,500.

Median Cost: $30,000 Point Distribution: 10 points total available

$22,500 7.50 points $25,000 8.33 points $30,000 10.00 points $61,000 9.68 points $38,500 7.79 points

Construction Phase General Conditions Staffing Fee Maximum 20 points: The Construction Fee General Conditions Staffing Fee will be scored based upon the lowest general conditions receiving the maximum score.

Example Outcome with 5 Proposers:

Proposed Costs for General Conditions: $250,000, $300,000, $310,000, $340,000, $400,000 Lowest General Conditions $250,000 Point Distribution: 20 points total available

$250,000 20.00 points (($250,000/$300,000)*20) $300,000 16.67 points (($250,000/$300,000)*20) $310,000 16.13 points (($250,000/$310,000)*20) $340,000 14.71 points (($250,000/$340,000)*20) $400,000 12.50 points (($250,000/$400,000)*20)

CM/GC Fee Maximum 20 points: The lowest CM/GC Fee percentage proposed will receive the maximum number of points.

Other proposers will receive a score that is calculated by dividing the most competitive fee by their fee and multiplying the result by the total score available.

Scoring Example:

Most Competitive Fee (2.25% for example) will score 20 points.

Other fees proposed and resulting scores:

2.45% 18.37 points ((2.25/2.45)*20) 2.50% 18.00 points ((2.25/2.50)*20) 2.60% 17.31 points ((2.25/2.60)*20) 3.00% 15.00 points ((2.25/3.00)*20)

SECTION E – AWARD AND NEGOTIATION

E.1 Award Consideration. The County, if it awards a Contract, shall award a Contract to the highest ranking Responsive and Responsible Proposer(s) based upon the scoring methodology and process described herein. The County may award less than the full Scope defined in this RFP.

E.2 Intent-To-Award Announcement. The County will notify all Proposers in writing that the County intends to award a contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions. The County reserves the right to announce its Intent-to-Award Announcement by letter, email, or fax. The Intent-to-Award Announcement shall serve as notice to all Proposers that the County intends to make an award.

E.3 Negotiations. The County and the selected Proposer(s) shall mutually discuss and refine the scope of services for the project and shall negotiate conditions, including but not limited to compensation level and performance schedule, based on the scope of services requested. The compensation level paid for the services provided must be reasonable and fair to the County as determined solely by the Linn County Board of Commissioners.

E.4 Insurance Required. The selected Proposer(s) shall provide all required proofs of insurance to the County within 30 calendar days of notification of intent to award. Failure to present the required documents within the 30 calendar-day period may result in offer rejection. Proposers are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Exhibits prior to offer submission.

SECTION F – PROTEST PROCEDURES

F.1 Solicitation Protests.

A Proposer may protest terms and conditions of this RFP pursuant to LCPR 137-048-0240(1). An Offeror must deliver a written protest to the POC provided in Section B.3 not less than seven (7) days prior to the closing date. Each protest and request for change must include the reasons for the protest or request and any proposed changes to the RFP provisions or specifications. The County is not required to consider an Offeror’s request for change or protest after the deadline.

F.2 Contract Award Protests.

F.2.1 Contract Award Protests Generally. An adversely affected or aggrieved Proposer may submit a written protest of the County’s selection of a consultant for award of a contract in accordance with LCPR 137-048-0240(2). In order to be an adversely affected or aggrieved Proposer, the Proposer must show that they are the actual highest-ranked Proposer because all other higher-ranked Proposers failed to meet the requirements of the RFP, or because the higher-ranked Proposers otherwise are not qualified to perform the services requested under this RFP.

F.2.2 Contract Award Protest Deadline. Proposers will have seven (7) calendar days from the date of the Intent-to-Award Announcement within which to file a written protest. Protests submitted after that date will not be considered. Protests must be addressed to the POC provided in Section B.3. After expiration of the seven (7) calendar-day protest period, and resolution of all protests, the County will proceed with final contract award. (If the County receives only one bid, the County may dispense with the protest period and proceed with award of a contract.)

F.3 Response to Protests.

The County will respond in writing to protests submitted by adversely-affected or aggrieved Proposers within a reasonable time following the County’s receipt of the protest. Once resolved, the County will promptly issue a written decision on the protest to the Proposer who submitted the protest. If the protest results in a change to the RFP, the County shall revise the RFP accordingly and will re-advertise the RFP in accordance with LCPR 137-048.

SECTION G – MISCELLANEOUS TERMS AND CONDITIONS

G.1 Costs of Proposals. Responses to this RFP do not commit the County to pay any costs incurred by any Proposer in the submission of a Proposal. The Proposer assumes the sole risk and responsibility for all expenses connected with the preparation of its Proposal.

G.2. Addendum. Any change to this RFP shall be made by written addendum. The County is not responsible for any explanation, clarification or approval made or given orally or in any manner other than by addendum. The Proposer agrees to and shall comply with, all requirements, specifications and terms and conditions contained within the RFP, including all Addenda, if any.

G.3 Cancellation. The County reserves the right to cancel this RFP solicitation or award of the contract at any time before execution of the contract by both parties if cancellation is deemed to be in Linn County's best interest. In no event shall the County have any liability for the cancellation of award.

G.4 Disputes. In case of any doubt or differences of opinions as to the items or service to be furnished hereunder, or the interpretation of the provisions of the RFP, the decision of the County shall be final and binding upon all parties.

G.5 Publicity. Any publicity giving reference to this project, whether in the form of press releases, brochures, photographic coverage, or verbal announcement, shall be done only after prior approval of the County.

G.6 Conflict of Interest. A Proposer submitting a proposal thereby certifies that no officer, agent or employee of Linn County who has a pecuniary interest in this RFP has participated in the contract negotiations on the part of the County, that the proposal is made in good faith without fraud, collusion or connection of any kind with any other proposer of the same call for proposals, and that the proposer is competing solely in its own behalf without connection with or obligation to, any undisclosed person or firm.

G.7 Collusion. A Proposer submitting a proposal hereby certifies that no officer, agent, or employee of Linn County has a financial interest in its Proposal; that its 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 on its own behalf without connection with, or obligation to, any undisclosed person or firm.

G.8. Taxpayer Identification Number. The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

When requested by the County (normally in an intent to award notice), or

When the backup withholding status or any other information of Proposer has changed since the last submitted W- 9 form, if any.

The County will not make any payment until the County has a properly completed W-9.

G.9 Business Registry. If selected for award, the Proposer must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract.