Pendleton Fire Station 2 Seismic Rehabilitation CMGC RFP.pdf

CITY OF PENDLETON

FIRE STATION 2 SEISMIC REHABILITATION

REQUEST FOR PROPOSALS

CONSTRUCTION MANAGER/GENERAL CONTRACTOR

Contract Administrator:

City of Pendleton

Tony Pierotti

Fire Chief anthony.pierotti@pendletonor.gov

Issued: June 18, 2025

Due: July 2, 2025, at 2:00 PM Pacific Time

Electronic Submittal Location:

anthony.pierotti@pendletonor.gov

CITY OF PENDLETON FIRE STATION 2

REQUEST FOR PROPOSAL

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TABLE OF CONTENTS

1. NOTICE TO PROPOSERS 4

2. OVERVIEW OF PROPOSAL 4

3. PROJECT OVERVIEW 4

4. SELECTION PROCESS 5

4.1. SELECTION OVERVIEW 5

4.2. Evaluation of Qualifications 6

4.3. SELECTION PROCESS SCHEDULE 6

5. DESCRIPTION OF SERVICES TO BE PROVIDED 7

5.1 APPROACH 7

5.2 PROJECT ISSUES 7

5.3. PRECONSTRUCTION PHASE SERVICES 8

5.4. SCOPE OF CONSTRUCTION PHASE SERVICES 10

6. PROPOSAL REQUIREMENTS 11

6.1. DATE, LOCATION, AND DELIVERY METHOD 11

6.2. FORM OF PROPOSAL 11

6.3. ACCEPTANCE OF PROPOSAL SPECIFICATIONS, TERMS AND CONDITIONS 11

6.4. ANTI-DISCRIMINATION 12

6.5. PUBLIC RECORDS 12

6.6. COMMITMENT TO ENTER INTO CONTRACT 12

6.7. COMPLIANCE WITH APPLICABLE LAWS 13

6.8. CONTRACT DETAIL 13

6.9. DELAYED PROPOSAL CLOSING TIME/PROPOSAL OPENING 13

6.10. INVESTIGATION 14

6.11. LATE PROPOSALS 14

6.12. MISTAKES, ERRORS AND OMISSIONS IN SOLICITATION 14

6.13. MODIFICATION OF PROPOSAL AFTER AWARD 14

6.14. MODIFICATIONS OF PROPOSAL BEFORE AWARD 14

6.15. OREGON BUSINESS REGISTRATION 15

6.16. CITY’S RIGHTS 15

6.17. PROPOSAL VALIDITY 16

6.18. PROTEST OF PROPOSAL SPECIFICATIONS OF TERMS AND CONDITIONS 16

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6.19. PROTEST OF PROPOSAL AWARD 16

6.20. PUBLICITY 16

6.21. WRITTEN QUESTIONS, COMMENTS AND ADDENDA, RULES OF CONTACT 17

7. PROPOSAL CONTENT 18

7.1. Detailed Response Requirements 18

7.2. Cover Letter 18

7.3. Company Overview 18

7.4. Similar Project History 18

7.5. Project Approach 19

7.6. Project Safety and Communications 20

7.7. Staffing Qualifications 20

7.8. Fees 20

8. EVALUATION CRITERIA 22

9. ATTACHMENTS 23

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1. NOTICE TO PROPOSERS

Proposers shall provide one (1) electronic copy of their proposal and email it to Tony Pierotti, Fire Chief at anthony.pierotti@pendletonor.gov. Proposals will be accepted until July 2, 2025, 2:00 PM, after which time no further Proposals will be received.

• A MANDATORY Pre-Proposal Conference will be held at 11:30 AM, June 23, 2025, at

Pendleton Fire Station 2, located at 1200 Southgate, Pendleton, OR 97801.

• Proposal documents may be obtained via an email request to Tony Pierotti at anthony.pierotti@pendletonor.gov.

• Interested firms shall have no unauthorized contact with City staff or City Council Members during the selection process. All questions shall be directed in writing to Tony Pierotti at anthony.pierotti@pendletonor.gov.

• The City may, for good cause, reject any or all proposals upon finding it is in the public interest to do so and to rescind the award of any contract, at any time, before the execution of said contract by all parties with no liability against the City.

2. OVERVIEW OF PROPOSAL

This solicitation does not obligate the City to pay any costs incurred in preparation of Proposals. The City reserves the right to reject any Proposal that is not in compliance with all prescribed requirements. For good cause, the City may reject any or all Proposals upon a written finding that it is in the public interest to do so.

3. PROJECT OVERVIEW

The City received a Seismic Rehabilitation Grant in 2024 from the Oregon Infrastructure Finance Authority of the Business Development Department for Pendleton Fire Station 2.

The City has selected WRK Engineers, Inc. as the structural engineer and project manager for the work.

The selected CM/GC will be expected to document good faith efforts to develop business opportunities for Minority Owned, Women Owned, and Emerging Small Business Enterprises, as required by ORS Chapter 200.

This project will require compliance with the State of Oregon Bureau of Labor and Industries (BOLI) Prevailing Wage Rate (PWR).

Schedule: The selected Contractor will work collaboratively with WRK Engineers, Inc. and the City to develop a construction schedule for the renovations.

Pre-construction Phase: Pre-construction will start immediately upon issuance of Notice to Proceed and extend through May 2026. Project will result in one Guaranteed Maximum Price (GMP) Amendment.

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Construction Phase: For purposes of this proposal, assume onsite construction to commence May 2026, and be completed September 2026.

Scope: The project scope includes seismic strengthening for the City of Pendleton Fire Station

2. The building portion in scope consists of an approximately 3,400-square-foot, two-story building containing a large single-story apparatus bay adjoining a two-story living area of offices, meeting rooms, and sleeping areas. The building was originally constructed in 1971 and consists of under-reinforced concrete masonry unit (CMU) walls and steel frames with flexible diaphragms. The intent is to strengthen the building to an Immediate Occupancy (Seismic Risk Category IV) seismic performance level.

Seismic strengthening may consist of the following elements:

• Install new concrete shear walls and foundations at selective exterior wall locations,

• Strengthen existing wood framed walls with plywood sheathing and holdowns,

• Add HSS strongbacks at existing CMU walls,

• Add metal deck diaphragm over existing roof framing as required,

• Strengthen second floor diaphragm with blocking, metal strapping and nailing,

• Install bracing and anchorage of various nonstructural components as necessary.

A copy of the conceptual seismic strengthening scheme submitted as part of the Oregon SRGP application will be distributed at the mandatory onsite Pre-Proposal Conference (see Section 4.3).

Construction Budget: The construction budget shall not exceed $1,899,800.00.

The following optional additional scope of work may be added to the Project subject to funding availability. If added to the Project scope, this will be constructed at the same time as the Seismic Strengthening of the Fire Station building:

• Renovation of the existing living quarters to accommodate the construction of (6) individual bedrooms, and splitting of the existing upstairs bathroom into (2) individual bathrooms or a building addition, if necessary, to achieve the same criteria.

• Renovation of the first-floor bathroom

• Construction of a second-floor stairwell to the building exterior

• Construction of a roof access ladder

• HVAC, Power, and Lighting Upgrades

• Installation of a new water heater

• Installation of a new alarm system

4. SELECTION PROCESS

4.1 SELECTION OVERVIEW

The City will serve as the contracting agency for the project. The Local Contract Review Board has approved this procurement process. The City is seeking a qualified Construction Manager/General Contractor (the CM/GC) with current relevant experience in the construction/renovation of similar facilities, particularly experience with the Oregon Seismic Rehabilitation Program.

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In accordance with Oregon Administrative Rules 137-049-0620 and 137-049- 0645, the City will use a “Construction Manager/General Contractor” (CM/GC) Request for Proposal (RFP) to select and enter into a contract with the CM/GC. In accordance with those rules and ORS 279C.335, the City has obtained an exemption from applicable competitive bidding requirements.

The City has established the CM/GC RFP approach through the exemption process and by filing Findings supporting the use of this approach. The RFP approach was established in lieu of the more traditional Design-Bid-Build and the corresponding Invitation to Bid (ITB) in order to realize the maximum benefit by including the CM/GC during the design phase. The basis for the RFP approach is addressed in greater detail in the Exemption Order mentioned above.

The selection process under this RFP will be conducted in a fair and impartial manner, whereby several qualified individuals will evaluate all responsive Proposals.

4.2 Evaluation of Qualifications

A. Proposal evaluation and initial ranking.

The City will review all Proposals to ensure that each Proposer meets the minimum qualifications required.

The City will convene an evaluation committee made up of three to five qualified members, representing the City, Stakeholders, or the general public to evaluate all Proposals.

B. Interviews (if deemed applicable), reference checks, final ranking, and selection.

4.3 SELECTION PROCESS SCHEDULE

PROPOSAL AND AWARD TIMELINE:

June 18, 2025 RFP issued

June 23, 2025 MANDATORY onsite Pre-Proposal Conference at 11:30 AM

June 25, 2025 Last Day for submittal of questions at 5:00 PM

June 26, 2025 Issue Addendum (if needed)

July 2, 2025 Proposals due by 2:00 PM

July 7, 2025 Evaluation Committee Meets to review proposals

July 14, 2025 CM/GC Finalists interview (Optional)

July 18, 2025 CM/GC Recommendation for Selection to City Council

July 18, 2025 Notice of Intent to Award Published

August 5, 2025 City Council approval of Selected CM/GC

The City reserves the right to modify this schedule at its discretion. Proper notification of changes in the response schedule will be made via addendum.

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5. DESCRIPTION OF SERVICES TO BE PROVIDED

5.1 APPROACH

The City is seeking a CM/GC firm to participate as a member of the Project Team in collaboration with the City and Design Team during the design and construction phases of the Project. The CM/GC must be skilled in all aspects of CM/GC delivery, including but not limited to value target analysis, preparing construction estimates, value engineering, analyzing alternative designs, critical path scheduling, local labor and material procurement conditions, constructability reviews of progress documents, phasing and sequencing of work, and construction methods and alternatives. The CM/GC must have the ability to clearly coordinate and communicate with Project Team members during the design and construction phases. In addition, it is imperative that the CM/GC have a thorough knowledge of the local labor, material, and subcontracting markets to assist during the design phase and attract a stable of qualified subcontractors during bidding. Experience working in Umatilla County and with County permitting authorities is advantageous.

The following qualities are particularly relevant and important to the City:

• CM/GC project staff with demonstrated expertise and experience

• Desire for clear and articulate communication

• Emphasis on trust, collaboration, and shared goals

• Explicit and fair balance of risk/reward for all parties

• Definitive design and construction scheduling to provide ample time for City staff to review and comment on planning, cost, schedule, and procurement information.

The CM/GC is being retained prior to the start of the schematic design phase to allow the CM/GC to be an early contributor in formulating team relationships, refining design and review processes, and establishing collaborative target cost and schedule objectives.

5.2 PROJECT ISSUES

The Project presents a number of challenges for the City. The City elected to engage a CM/GC in light of these challenges, which are summarized below.

• Construction on an Occupied Site

The Site will potentially be occupied by staff and the public during construction of the

Project. Mitigation planning for noise and public safety, site access, and schedule issues will be necessary. Construction noise due to adjacent new construction will require that mitigation criteria and contractor / City staff communication paths be pre-established to minimize disruption. In addition, delineation of safe access paths for staff and the public must be planned, implemented, and maintained during the various phases of the work.

Clear understandings of construction laydown areas, delivery and removal of construction materials paths, and fire department access requirements will need to be determined and executed. The understandings established during design will need to be communicated in subcontractor bidding documents to provide clear information and reduce ambiguity in subcontractor bids. The City intends to also use this information to keep the staff and

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• Complex Scheduling, Phasing, and Coordination

Anticipated construction activities in selected areas will require careful planning, phasing, scheduling, and coordination by both the CM/GC and the City. The participation of an experienced CM/GC during the design process will enable the Project Team to identify issues, seek and test potential design and logistics options, and incorporate agreed solutions into the contract documents. The result will be an increased understanding by all parties of construction plan, schedule, and role expectations.

• Budget Constraints

The City takes its planning and construction budgets very seriously. The City received a

Seismic Rehabilitation Grant in 2024 from the Oregon Infrastructure Finance Authority of the Business Development Department for the Project. The maximum project construction costs (pre-construction plus guaranteed maximum price) have been established as

$1,899,800.00. The City has no additional funds to contribute to the project and it is vital for the CM/GC to provide thorough construction estimates and cost control procedures throughout design and construction so the Project is delivered within budget.

• Uncertain and Volatile Market

The design of the Project is commencing following a very uncertain construction period in an area market. That condition has at times created lack of contractor interest, reduced subcontractor availability, pricing problems, and challenges in material procurement and scheduling. It is imperative that the CM/GC have a thorough knowledge of current area market conditions, material and labor costs, and subcontractor availability. The City expects the CM/GC to be able to communicate and advise on these matters and to be equipped to make adjustments as needed to deliver the Project as planned within budget.

5.3 PRECONSTRUCTION PHASE SERVICES

Preconstruction Phase Services will be provided under the terms of the Contract, as it may be modified by Supplemental General Conditions or Amendment, and will be paid for on a cost-reimbursement basis up to the maximum not-to-exceed amount set in the Contract.

Preconstruction Phase Services are anticipated to include the following:

A. CM/GC will work collaboratively and proactively with the City and engineer to conduct constructability review, provide cost estimation and assist with completion the Contract

Documents in a manner which supports the City’s efforts to keep costs within the City’s budget. CM/GC is required to examine the engineers’ work product (draft plans and specifications) carefully at all phases of development and to identify and bring to City’s attention any and all defects, errors, conflicts or omissions in such work product that

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CM/GC recognizes or, in the exercise of reasonable care, should have recognized in the course of rendering Preconstruction Services. Issuance by the CM/GC of subcontract bid packages for bidding constitutes CM/GC’s representation that CM/GC has reviewed the

Drawings and Specifications in accordance with this Section and has notified the City of any and all defects, errors, conflicts or omissions in such work product that CM/GC recognizes or, in the exercise of reasonable care, should have recognized. Notwithstanding the foregoing, the City acknowledges the CM/GC’s involvement in the Preconstruction

Services is as a contractor and not a licensed design professional. Accordingly, nothing in the Contract Documents shall be interpreted as requiring CM/GC to seek out or identify professional errors or omissions by the engineer or otherwise ascertaining that the

Contract Documents are (except, as indicated, for performance specifications) in accord with applicable law, regulations, or code.

B. Prepare construction cost estimates at completion of Schematic Design, 60% Construction

Documents, and 90% Construction Documents phases. The estimate shall be submitted to the City for review and approval within two (2) weeks after receipt of the Design Team submittal. The estimate will be presented in CSI format and contain sufficient detail and component to encompass the entire Cost of the Work. The estimate shall identify all assumptions, cost source data, contingencies and allowances included in the estimate.

Contingencies will be mutually agreed and approved by the City.

C. Work with local labor and subcontracting markets to generate viable and competitive pricing through effective packaging of subcontract bid opportunities and reaching out to subcontractors encouraging them to bid.

D. Develop and maintain a preliminary Project construction schedule providing all major elements of phasing, procurement, subcontractor bidding, design interfacing, permitting, and construction activities.

E. Services will also include but not be limited to: value engineering, value analysis, constructability reviews, back-checking of design documents for incorporation of comments, assistance with permitting, destructive testing to determine as-built conditions, verification of building dimensions, long-lead procurement plan, subcontracting plan, development of a safety plan, subcontracting scopes, and site investigations.

F. Attend weekly or bi-weekly Project Team meetings.

G. Review the drawings and specifications and make recommendations as required to assure that (1) the Work of the Subcontractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate separate bid packages, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for construction sequencing. Whenever design details impact construction feasibility, cost, or schedule, make recommendations for alternate solutions.

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H. Coordinate the development of bid packages with the Project Team. Submit the subcontract buyout plan to the City for approval. Include scope and applicable drawing and specifications for each subcontract. Develop the buyout plan such that the bid packages developed with optimize the lowest cost strategy to achieve the GMP.

I. During the Construction Documents phase, complete interdisciplinary plan checks of 60% and 90% submittals. Review plans and specifications for coordination and completeness.

Identify construction details necessary to construct the Work. Provide coordination and completeness comments to City and Design Team. Verify that the comments are incorporated into the Contract Documents.

J. Prepare and submit a Guaranteed Maximum Price (GMP) proposal and GMP Supporting

Documents to the City in conformance with Contract requirements. GMP proposal for the entire project will be based on 100% completed Construction Documents prepared by the

Design Team.

5.4 SCOPE OF CONSTRUCTION PHASE SERVICES

A. The CM/GC shall execute, perform, coordinate, and manage the Work of the Contract

Documents in as expeditious, collaborative, and professional a manner necessary to achieve all Project Milestones and deadlines within the amounts set forth in the Contract and within the time provided by the CM/GC Contract, unless modified by Change Order.

B. The CM/GC shall provide Construction Management (CM) services throughout the Project, from execution of this CM/GC Contract through the Final Acceptance and shall closely coordinate such work with the City and Designer. The CM/GC shall provide CM services, including but not limited to:

a. coordination of all Work;

b. review and inspection of Work of Subcontractors;

c. quality control/quality assurance;

d. all scheduling related activities required by the Contract Documents;

e. identifying and implementing safe work practices and requirements for construction;

f. assessing and recommending site logistics requirements;

g. recommending phasing, sequencing of work, and construction scheduling;

h. providing cost estimating as needed change order review to support changes to the Work;

i. assessing alternative construction options for cost savings;

j. identifying products and designs for Value Engineering (VE) and engineering systems for life-cycle cost considerations and recommending all work necessary to support their implementation.

C. The CM/GC shall work with local labor and subcontracting markets to generate viable and competitive pricing through effective packaging of subcontract bid opportunities and reaching out to subcontractors encouraging them to bid. The CM/GC shall provide full

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6. PROPOSAL REQUIREMENTS

Proposals shall comply with the following, and where the Proposer is asked to provide information, there shall be a full discussion (and attachments where necessary):

6.1 DATE, LOCATION, AND DELIVERY METHOD

A. Interested CM/GCs must submit their Responses as noted in Section 1. It is the responsibility of the contractor to ensure that Proposals have been received by the City.

B. NO FAX TRANSMITTED PROPOSALS WILL BE ACCEPTED.

6.2 FORM OF PROPOSAL

A Proposer’s submitted proposal:

• Shall Submit one (1) electronic copy.

• The email shall be clearly marked:

“City of Pendleton – RFP Construction Manager/General Contractor for Fire Station 2”

• Shall be tabulated in separate sections with separator pages in relation to the detailed response requirements set forth in Section 7 of this RFP. Any additional information deemed appropriate should be submitted as a separate document in the same email.

• Shall be in PDF format, 8 1/2" x 11" paper size, with font type no smaller than 11-point.

• Shall be limited to 25 pages of content (i.e., 25 single-sided pages or 12 double-sided pages). Total page count includes the cover letter, but NOT front and back cover, section dividers, resumes, or other forms and attachments required to be submitted. The title page or cover letter must include: the date, solicitation name, Proposer’s name, contact person, telephone number, email address, and complete mailing and street address.

• Shall be submitted in the following order and structure:

o Cover Letter o Proposal Response o Resumes o Completed Attachments

6.3 ACCEPTANCE OF PROPOSAL SPECIFICATIONS, TERMS AND CONDITIONS

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The successful Proposer acknowledges and accepts that the specifications listed in this RFP and no others will control any contract awarded unless the successful Proposer expressly states, in whole or by reference, alternate terms or conditions which the successful Proposer wishes the City to consider. Any such alternate terms or conditions will constitute a variance and, if found material, may subject the Proposal to rejection. Any referenced alternate terms or conditions shall be attached to the Proposal for consideration by the City.

6.4 ANTI-DISCRIMINATION

In connection with this RFP and in the performance of any subsequent contract, Proposers shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual preference, and/or being physically challenged. Proposers shall take action to ensure that all applicants are treated equally during employment without regard to such status.

6.5 PUBLIC RECORDS

This RFP and one (1) copy of each Proposal, together with copies of all documents pertaining to the award of a Contract, shall be kept by the City and made a part of a file or record, which shall be open to public inspection. If a Proposal contains any information that is considered a

Trade Secret under ORS 192.345, each sheet of such information shall be marked with the following disclosure in bold, red text:

"This information constitutes a trade secret under ORS 192.345 and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192."

A. The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies only "unless the public interest requires disclosure in the particular instance", ORS 192.345. Therefore, nondisclosure of documents or any portion of a document submitted as part of a Proposal may depend upon official or judicial determinations made pursuant to the Public Records Law.

B. The above restriction may not include fee schedules or price information, which shall be open to public inspection.

C. Identifying the Proposal in total as a trade secret is not acceptable. Failure to identify a portion of the Proposal as a trade secret shall be deemed a waiver of any future claim of that information as a trade secret.

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6.6 COMPLIANCE WITH APPLICABLE LAWS

In connection with this RFP and the contract, Proposers shall comply with all applicable laws in all aspects in connection with the procurement process of this project and the performance of the contract whether such laws are stated herein or not.

6.7 CONTRACT DETAIL

The City intends to use a modified American Institute of Architects (AIA) A133-2019

Agreement, Standard Form of Agreement Between Owner and Construction Manager, and a modified American Institute of Architects (AIA) A201-2017 General Conditions of the Contract for Construction.

If the proposing firm takes exception to anything contained in the contract agreement provided in Attachments C through F, those exceptions and/or proposed changes MUST be provided as an additional attachment to your proposal labeled “PROPOSED CONTRACT MODIFICATIONS”. This attachment will not be included in the allowable maximum page count.

No contract modifications will be considered if submitted after the proposal closing time.

Unless City agrees to modify any of the terms and conditions, City intends to enter into a Contract with the successful Proposer substantially in the form set forth in contract agreement provided in Attachments C through F.

It may be possible to negotiate some provisions of the final Contract; however, the City is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the City believes modifications to the standard provisions constitute increased risk and increased cost to the City. Therefore, City will consider the Scope of requested exceptions in the evaluation of Proposal.

Any subsequent negotiated changes are subject to prior approval of City Council.

The City is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable Federal and State law

• Requirements of applicable City Council policy

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, the City may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

6.8 DELAYED PROPOSAL CLOSING TIME/PROPOSAL OPENING

The time and date set for the proposal closing and proposal opening will advance to the same time on the City’s next business day in the event that weather or other contingency causes the

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City to be officially closed at the time and date set for the proposal closing and proposal opening.

6.9 INVESTIGATION

The Proposer shall make all investigations necessary to be informed regarding the service(s) to be furnished.

6.10 LATE PROPOSALS

Proposals received after the time and date set for proposal closing will not be considered.

6.11 MISTAKES, ERRORS AND OMISSIONS IN SOLICITATION

Any mistakes, errors and omissions in this solicitation must be reported immediately to the

City.

6.12 MODIFICATION OF PROPOSAL AFTER AWARD

An offer to modify the proposal which is received from the successful proposer after award of contract which makes the terms of the proposal more favorable or advantageous to the City will be considered, and may thereafter be accepted. To be effective, every modification must be made in writing on company letterhead, signed by the party signing the proposal or a confirmed authorized representative and must thereafter be accepted by the City in writing.

The envelope containing any modification to a proposal shall be marked as follows:

• "Proposal Modification”

• Proposal Number

• Proposal Title

• Letter must be addressed to: City of Pendleton Fire Department Attn: Tony Pierotti 1455 SE Court Ave Pendleton, OR 97801

6.13 MODIFICATIONS OF PROPOSAL BEFORE AWARD

Proposals, once submitted, may be modified in writing if the modification is received prior to the time and date set for proposal closing (see page 1). Any modifications shall be prepared on Company letterhead, signed by the party signing the proposal or a confirmed authorized representative and state that the new document supersedes the prior proposal. This modification document must thereafter be accepted by the City in writing. The envelope containing any modification to a proposal shall be marked as follows:

• "Proposal Modification”

• Proposal Number

• Proposal Title

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• Letter must be addressed to: City of Pendleton Fire Department Attn: Tony Pierotti

6.14 OREGON BUSINESS REGISTRATION

ORS 60.701 requires that foreign corporations be registered in the State of Oregon, through the Office of the Secretary of State, before conducting business in Oregon. A foreign corporation (see ORS 60.001) means a for-profit corporation incorporated under a law other than the laws of the state of Oregon. This registration must be accomplished prior to Contract execution. The current status of the Proposer in this regard shall be stated in the Proposal.

6.15 CITY’S RIGHTS

The City may investigate the qualifications of any Proposer under consideration, may require confirmation of information furnished by a Proposer, and may require additional evidence of qualifications to perform the work described in this RFP.

The City reserves the right, in its sole and absolute discretion and without recourse by Proposers, to take any of the following actions:

• Reject any or all Proposals;

• Issue a new RFP;

• Cancel, modify, or withdraw the RFP;

• Issue addenda, supplements, and modifications to this RFP;

• Modify the RFP process (with appropriate notice to proposers);

• Appoint a selection committee and evaluation teams to review responses received to this RFP and seek the assistance of outside technical experts in the response evaluations;

• Hold meetings and exchange correspondence with the Proposers to seek an improved understanding and evaluation of the responses;

• Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses;

• Waive minor irregularities in responses;

• In the negotiations for the contract with the selected proposer to change the dates for performance from that set forth in Section 4 hereof; and/or

• Refuse to issue a contract at all.

The City is not obligated to enter into any contract, and under no circumstances shall it have any obligation to pay for any costs or expenses incurred by any Proposer in the preparation or submission of a response to this RFP or in anticipation of a contract.

Proposers are solely responsible for all costs and expenses of any nature associated with responding to this RFP, attending briefing(s), providing supplemental information, and all subsequent costs and expenses. By submitting a response to this RFP, a Proposer disclaims any right to be paid for such costs by the City or anyone else.

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6.16 PROPOSAL VALIDITY

All proposals shall remain valid for a period of 90 days following the RFP deadline.

6.17 PROTEST OF PROPOSAL SPECIFICATIONS OF TERMS AND CONDITIONS

Protests of proposal specifications or terms and conditions shall be presented to the City in writing ten (10) calendar days prior to proposal closing. Such protest shall include the reason(s) for protest and any proposed changes. If, in the opinion of the City, a change is required for the Request for Proposals (RFP), an addendum will be issued. Envelopes containing protests shall be marked as follows:

• “Protest RFP”

• Proposal Number

• Proposal Title

• Letter must be addressed to: City of Pendleton Fire Department Attn: Tony Pierotti

6.18 PROTEST OF PROPOSAL AWARD

Protests of proposal award shall be presented to Tony Pierotti in writing seven (7) calendar days after notice of Intent to Award is published. Such protest shall include the reason(s) and evidence for protest, alleged damages, and remedial action requested. The City shall consider and respond in writing in a timely manner. If, in the opinion of the City, a change is required for the Request for Proposals (RFP), an addendum will be issued. Envelopes containing protests shall be marked as follows:

• “Protest Award”

• Proposal Number

• Proposal Title

• Letter must be addressed to: City of Pendleton Fire Department Attn: Tony Pierotti

A written protest that is not specific enough to comply with the terms of this Section will not be considered. Any protest not set forth in writing within the time limits specified in this RFP shall not be considered. Except as otherwise stated above, Proposer’s are directed to OAR 137- 048-0240 for additional protest procedures.

6.19 PUBLICITY

News releases or announcements relating to this RFP will not be made without prior approval by, and in coordination with, the City.

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6.20 WRITTEN QUESTIONS, COMMENTS AND ADDENDA, RULES OF CONTACT

Questions and comments pertaining to this solicitation must be submitted in writing according to the Proposal and Award Timeline to:

• For technical questions / clarifications:

Jon Kopterski, WRK Engineers, Inc.

Jon.E.Kopterski@imegcorp.com

• For Questions regarding the RFP process:

Keri Standley, City of Pendleton Public Works Department keri.standley@pendletonor.gov

If, in the City’s opinion, additional information or interpretation is necessary, such information will be supplied in the form of Addenda. Addenda shall have the same binding effect as though contained in the main body of the Request for Proposals. The successful Proposer shall acknowledge receipt of all addenda issued, either with the proposal, or separately, in writing, prior to the time and date set for proposal closing.

Addenda shall be sent within a reasonable time to allow prospective proposers to consider them in preparing their proposals.

ORAL INSTRUCTION OR INFORMATION CONCERNING THE REQUEST FOR PROPOSALS

OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO

PROSPECTIVE PROPOSERS SHALL NOT BIND THE CITY AND SHALL NOT BE RELIED

UPON.

Other City employees or agents, including the Evaluation Committee and City Council, shall not be contacted once the RFP is issued and until a final selection and award is made.

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7. PROPOSAL CONTENT

7.1 Detailed Response Requirements

Proposals must reply to each of the following items. Responses must be in the same order listed below. Concise and direct answers are encouraged.

By listing individuals in the Proposal, the firm guarantees that these individuals will be available to work on the Project at the approximate percentages shown. The City reserves the right to approve or reject any changes to the proposed personnel. The City further reserves the right to request a substitution of personnel if deemed to be in the best interest of the City.

7.2 Cover Letter

Confirm your firm’s interest in the project and commitment to meet all requirements.

Provide firm’s contact information for City’s use related to the selection process.

Cover letter or front page should include following statement endorsed by a person authorized to bind the Proposer in contract: “If this Proposal is accepted by the City, [insert name of Proposer] shall execute the contract documents for the work upon completion of negotiations.”

7.3 Company Overview

Provide a brief description of your firm, including ownership structure, service area, length of time in the industry, and annual revenue and bonding capacity for the past five years. If you are proposing in a joint venture or teaming arrangement, provide a clear description of the legal and business relationship between the respective firms. Provide a brief description of the type of work performed and your capabilities.

Provide the following information about your firm’s location and range of work:

• Address of firm’s headquarters or corporate office.

• Address of local company office that will oversee and manage the Program.

• Current geographic range of your entire company’s work.

• Current geographic range of work managed by the local company office.

In addition, please address the following:

1. Has your firm ever failed to complete a construction contract in the past seven (7) years? If yes, please explain.

2. Has your firm ever failed to complete a contract in the past seven (7) years within the authorized contract time? If yes, please explain.

3. Has your firm been assessed liquidated damages in the past seven (7) years? If yes, please explain.

4. Is your organization currently involved, or has been involved in the past seven (7) years, in Dispute Resolution defined as Mediation, Arbitration or Litigation related to a construction project? If yes, please explain.

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7.4 Similar Project History

Describe your firm’s experience working on public-owned, seismic-only rehabilitation projects using the CM/GC project delivery method. Provide details for three (3) examples for completed projects in the last five (5) years of similar size ($1,000,000 to $2,000,000).

Projects funded by the Oregon Seismic Rehabilitation Grant Program are given preference.

Include the following information:

A. Building use, B. Describe whether building was occupied during renovation, C. Identify if construction phasing was used to minimize disruption to building operations during construction, D. Describe how your company “added value” to the project, E. Owner and contact information, F. Architect/Engineer and contact information, G. Guaranteed Maximum Price, H. Final construction contract amount, I. Completion date.

7.5 Project Approach

Describe how your firm utilizes the CM/GC process to create value during the pre-construction and construction phase. Please focus on how your process creates value for the City. Include the following information:

A. Estimating: Describe your pre-construction estimating process. How do you ensure a transparent estimating process and keep the City and design team constantly aware of the project construction cost estimate as the project evolves?

B. Existing conditions: Pendleton Fire Station 2 is an older structure with unknowns and minimal construction documentation. Which areas of the structure would you want to investigate further during pre-construction and why? What do you believe the CM/GC’s role should be in initiating this process?

C. Constructability: Describe your firm’s approach to reviewing the design to ensure that the design is the best value for the Owner, appropriate to local conditions and market conditions, has efficient sequencing, and is able to be accomplished within project schedule limitations. What is the optimal number of constructability reviews and how should these occur?

D. Project Management: Describe your firm’s project management and scheduling system. How will you ensure the project is completed on schedule and in a well-organized and orderly manner? Describe technology tools utilized to assist with this process.

E. Construction in Operational Facilities: Please describe your experience working in a facility that remained operational (either fully or partially during construction of seismic strengthening measures). What lessons did you learn that can be applied to this project?

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F. Quality Control: How will you ensure appropriate quality, minimal punch lists, and timely close-out? Elaborate on technology tools utilized to assist with this process.

7.6 Project Safety and Communications

A. The building retrofit is tentatively planned for a 12-week schedule from May- September 2026. Describe your plan for keeping the staff safe if construction overlaps while the station is occupied. How will you minimize construction disruptions to the fire operations? How will you communicate expectations and logistics with the City in advance?

B. Provide a brief description of your firm’s accident prevention program and drug/alcohol program. Provide your firm’s EMR and OSHA Lost Time Accident Rate for each of the past 5 years.

7.7 Staffing Qualifications

A. Provide an organizational chart showing your proposed staff, to include preconstruction project manager, project manager, estimator, and superintendent. Indicate if they will be stationed in the home office or on site during the construction phase. Explain what percentage of their time will be dedicated to this project during the pre-construction and construction phases. Do not include Project Executives who will not be materially involved in the project.

B. Provide detailed resumes for all staff shown on the project organizational chart, including length of time with the firm and relevant experience in comparable Oregon Public CM/GC projects.

7.8 Fees

Provide responses to this section in a matrix format. Reference Attachment F, CM/GC Cost of Work Matrix, for a delineation of categories and costs.

A. Pre-construction Costs:

Provide a not-to-exceed price for pre-construction services. For purposes of this proposal, assume pre-construction services will commence upon receipt of Notice to Proceed and conclude in May 2026.

Include the list of personnel participating in pre-construction, their hourly rates, and a list of reimbursable expenses included in the not-to exceed price.

Pre-construction services should include (but are not limited to) the following:

i. Participation in bi-monthly design meetings,

ii. Evaluation of existing conditions,

iii. Constructability and value engineering reviews,

iv. Estimates at Schematic Design, Design Development, and 60% Construction

Document milestones,

v. Review of all drawing/specification deliverables, REQUEST FOR PROPOSAL - 21 of 23

vi. Subcontractor outreach,

vii. Prepare subcontractor bid packages and manage subcontractor bidding.

B. Fee:

State the fee as a percentage of the direct construction costs. No other mark-up will be allowed. The CM/GC will be required to provide accounting documentation to substantiate that all cost inputs to the project will be at the CM/GC’s bare cost. The CM/GC will not be allowed to include “corporate rates” for labor, bonding, or insurance programs. Tool and equipment charges will be required to be comparable to market rental rates.

i. The fee shall cover, at a minimum, those items excluded from the Cost of the Work and General Conditions as defined in the agreement and as clarified in the CM/GC Cost Matrix, (attached as Exhibit F). The matrix shall provide the Proposers greater clarity about which costs will be reimbursed and which costs will not.

ii. After Contract award and before the GMP is established, the maximum not-to-exceed amount for General Conditions will be established and set forth in a contract amendment.

C. General Conditions/Staffing Costs:

Provide a detailed estimate of construction phase costs using the CM/GC Cost of Work Matrix format provided in Attachment F. Please note the identified General Conditions exclusions in the Matrix as the costs are prepared. For purposes of this proposal only, assume construction duration will be 12 weeks (actual construction schedule to be determined). Include assumed durations and proposed hourly rates, including labor burden. If applicable, provide estimated travel, housing and per diem costs as separate line items.

D. Bond Rate:

i. Provide the cost of the 100% Payment and Performance Bond as a percent of the direct construction costs plus fee.

ii. Provide a brief explanation of your firm’s policy on sub-contractor bonding.

iii. Provide the cost of the “Sub-guard” bond, if applicable, as a percent of the direct construction costs plus fee.

iv. Provide a letter from your bonding company confirming their ability to provide 100% payment and performance bond for the project.

E. Insurance Rate:

Provide the cost of General Liability Insurance as a percent of the direct construction costs plus fee. See Exhibit C for insurance requirements.

F. Contingency, Allowances and Savings:

Describe your firm’s proposed use of contingencies and allowances within the GMP.

How do you propose the contingencies are managed, what are the allowable uses and

REQUEST FOR PROPOSAL - 22 of 23 who has control of their use? What will be the process you use to notify the City that contingency funds will be used and will the City have to approve the use of contingency funds? Please note, in the event the final project costs are less than the GMP, the Contract states 100% of project savings shall be returned to the City.

G. Contract comments:

If the proposing firm takes exception to anything contained in the contract agreement provided in Exhibits D and E, those exceptions and/or proposed changes MUST be provided as an additional attachment to your proposal labeled “PROPOSED CONTRACT MODIFICATIONS”. This attachment will not be included in the allowable maximum page count. No contract modifications will be considered if submitted after the proposal closing time.

8. EVALUATION CRITERIA

Potential CM/GCs not submitting all required information or documents in their Proposals may be considered non-responsive, and the City at its option may decide not to consider their Proposals. Each Proposal shall contain the desired information in the format specified.

Responsive Proposals will be evaluated in accordance with the following:

The selection committee will score each submittal based on the responses to the evaluation categories. Each category is assigned a weight between 5 and 30. Each member of the evaluation committee will rank each firm between 1 to 5 in each category, and multiply that number by the weight assigned to the category. The individual evaluation committee member will then total the weighted score from each category to obtain the total score for each respondent. The result of this total score will be used to rank all respondents.

CRITERIA WEIGHT

1. Cover Letter 5

2. Company Overview 5

3. Similar Project History 25

4. Project Approach 30

5. Project Safety and Communications 15

6. Staffing Qualifications 10

7. Fees 10

WEIGHT x RANKING HIGHEST POSSIBLE SCORE = 500

The proposals shall be subjectively evaluated by the City’s Evaluation Committee with weighted points assigned based upon the criteria in this RFP. Those proposals submitted that do not meet mandatory requirements outlined in the Instructions to Proposers will not be evaluated.

The role of the Evaluation Committee shall include a complete review of all documents submitted. The selection committee may elect to invite recommended finalists for interviews based solely upon its evaluation of the selection criteria. The Evaluation Committee, at its sole discretion, may forego the interview process.

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The Evaluation Committee will forward a recommendation for selection of one firm to the City Council for consideration of award. Selection of the successful firm will be entirely at the discretion of the City, and the City reserves the right to waive minor irregularities in the selection process and to reject any and all proposals.

Evaluation Committee members may not be contacted or solicited by any firm or individual submitting proposals during the proposal solicitation and review process, with the exception of the facilitator in accordance with the directions herein.

9. ATTACHMENTS

A. Signature Page (MUST BE SIGNED AND RETURNED WITH PROPOSAL)

B. Certifications / Residency (MUST BE SIGNED AND RETURNED WITH PROPOSAL)

C. Draft AIA A133 - 2019 Standard Form of Agreement between Owner and Construction

Manager

Draft AIA A133-2019, Exhibit A, Guaranteed Maximum Price Amendment

Draft AIA A133-2019, Exhibit B, Insurance and Bonds

D. Draft AIA A201 - 2017 General Conditions of the Contract for Construction

E. Oregon Public Contracting Code Provisions

F. General Conditions - Cost of Work Matrix

END OF REQUEST FOR PROPOSAL

ATTACHMENT A

SIGNATURE PAGE

SIGNATURE OF FIRM’S DULY AUTHORIZED REPRESENTATIVE FOR THIS PROPOSAL MUST

BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF THE FIRM; ANY

ALTERATIONS OR ERASURES TO THIS PROPOSAL MUST BE INITIALED IN INK BY THE

UNDERSIGNED AUTHORIZED REPRESENTATIVE.

The undersigned agrees and certifies that (s)he:

1. Has read and understands all Proposal instructions, specifications, and terms and conditions contained herein.

2. Is an authorized representative of the Firm, that the information provided in this Proposal is true and accurate, and that providing incorrect or incomplete information may be cause of Proposal rejection or contract termination.

3. Is bound by and will comply with the provisions of 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148.

4. Is bound by and will comply with all requirements, specifications, contract and terms and conditions contained herein; and

5. Will furnish the designated item(s) and/or service(s) in accordance with the contract if awarded to Firm.

6. The Firm will provide its Federal Tax Identification number with Proposal submission.

Company Name: _____________________________________________________________________

Name (printed) & Title: _________________________________________________________________

Signature: ___________________________________________________________________________

Date: _______________________________________________________________________________

Email: _______________________________________________________________________________

Federal Tax…