RFP_S-10700-00005334_OLCC Warehouse Relocation.pdf

REQUEST FOR PROPOSALS (“RFP”)

State of Oregon, Department of

Administrative Services, Procurement Services (“DAS PS”) on behalf Oregon Liquor and Cannabis Commission

(“OLCC”)

OLCC Warehouse and Headquarters

Relocation

RFP #: S-10700-00005334

Construction Manager/General Contractor (“CM/GC”) Services

Proposals Due Date: February 14, 2023, at 2:00 PM Pacific Time (“PT”)

SINGLE POINT OF CONTACT (“SPOC”): Yulia Niece, Procurement Contract Specialist 3

Department of Administrative Services, Procurement

Services

1225 Ferry St. SE, Salem, OR 97301

Phone: (971) 719-3087

Email: yulia.niece@das.oregon.gov mailto:yulia.niece@das.oregon.gov

I. Introduction

TABLE OF CONTENTS

A. Request for Proposals Invitation

B. Single Point of Contact (“SPOC”)

C. Mandatory Pre-Proposal Conference

D. Definition of Terms

E. Solicitation and Project Schedule

II. Project Information

A. Background

B. Project Overview

C. Project Approach D. Project Team

E. Target GMP

F. Applicable OARs and RFP Provisions

III. Services and Work to be Provided

A. Description of Services and Work

B. Special Requirements

IV. Proposal Information, Procedures and Requirements

A. Requests For Clarification Or Changes And Protests

B. Prevailing Wage Rates

C. Oregon Public Records Law

D. Binding Offer

E. Reservation Of Rights

F. Cost of Proposals

G. Proposals Property of DAS

H. Modification Or Withdrawal Of Proposal

I. Closing and Public Opening of Proposals

J. Substantial Compliance Required

K. Proposal Submission

V. Proposal Evaluation Process

A. General

B. Responsiveness, Responsibility and Rejection of Proposals

C. Required Submissions and Evaluation Criteria

D. Cost Proposal Scoring

E. Competitive Range Selection

F. Competitive Range Protests

G. Interviews

H. Notice of Intent to Award

I. Protest Of Award

J. Post-Selection Conference

VI. CM/GC Contract and Negotiations

A. Process

B. Form of Contract

C. Contract Information

RFP Attachments:

Attachment A – Proposer Representations and Certifications Form

Attachment B – Certified Business Firm (“COBID”) Outreach Plan

Attachment C – Cost Proposal Form

Attachment D – Sample Construction Manager/General Contractor (“CM/GC”) Contract

Exhibit A State of Oregon General Conditions for Public Improvement

Contracts (“General Conditions”)

Exhibit B Supplemental General Conditions

Exhibit C GMP Amendment To CM/GC Contract

Exhibit D Early Work Amendment To CM/GC Contract

Exhibit E Cost for General Conditions Work Matrix

Exhibit F Preliminary Project Schedule

Exhibit G Collaborative Project Delivery (“CPD”)

Exhibit H Contract Closeout Compliance Checklist

Exhibit I Performance Bond Form

Exhibit J Payment Bond Form

I. INTRODUCTION

A. REQUEST FOR PROPOSALS INVITATION

The State of Oregon (the “State”), acting by and through its Department of Administrative Services

(“DAS”), Procurement Services (“DAS PS”) with the assistance of DAS Enterprise Asset Management

(“DAS EAM”), on behalf of the Oregon Liquor and Cannabis Commission (“OLCC”) (collectively, the

“Owner”), through this Request for Proposals (“RFP”) requests Proposals from experienced construction manager/general contractor (“CM/GC”) firms for the CM/GC delivery of the OLCC

Warehouse and Headquarters Relocation in Canby, Oregon (the “Project”), which will include preconstruction services (the “Preconstruction Services” or “Preconstruction Phase Services”), and construction services (the “Construction Services” or “Construction Phase Services”), and all related support services (collectively, the “Work” as described in Section III.A.).

Interested CM/GC Proposers responding to this RFP will be evaluated based upon qualifications, relevant prior experience, proposed Project approach (including schedule and plan for completing the

Work), costs and associated fees, and any other evaluation criteria identified in this RFP. All Proposers must be registered with the Oregon Construction Contractors Board (“CCB”) prior to submitting

Proposals. Failure to register will be sufficient cause for DAS PS to reject a Proposal as non-responsive, and for treatment of the Proposer as non-responsible.

The CM/GC contract (“CM/GC Contract” or “Contract”) with the selected CM/GC will be based on the sample contract attached to this RFP as Attachment D, which will initially authorize only performance of Preconstruction Phase Services. Construction Phase Services and other Work, if authorized, will be added through an Early Work Amendment or a Guaranteed Maximum Price

(“GMP”) Amendment. Alternatively, Owner may choose not to continue the CM/GC Contract beyond the Preconstruction Phase Services and reserves all rights to terminate the CM/GC Contract at any time, according to its terms.

The documents for this RFP (“RFP Documents”) consist of this RFP plus all attachments and all documents incorporated by reference into this RFP or into the attachments, plus any addenda to this

RFP.

Copies of the RFP Documents are available on the State of Oregon electronic procurement system

OregonBuys (“OregonBuys”) located at http://oregonbuys.gov/. The RFP documents can be found under the "attachments" folder. All Proposers must be registered in OregonBuys to do business with the

State. Registration is free. To create a vendor account, click the blue “register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance. Proposers are responsible for ensuring that their vendor information is current and correct in OregonBuys. The Owner shall not be responsible for defective registration or incorrect vendor information.

Modifications, if any, to this RFP will be made by Written Addenda published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any

Addendum has been issued. Addenda are incorporated into the RFP by this reference.

B. SINGLE POINT OF CONTACT (“SPOC”)

The SPOC for this RFP is identified on the cover page of this RFP, along with the SPOC’s contact information. Proposer shall direct all communications related to any provision of the RFP solely to the

SPOC.

C. MANDATORY PRE-PROPOSAL CONFERENCE

1. A mandatory pre-proposal conference will be held on January 24, 2023, at 10:00 AM (PT). Pre-proposal conference will be conducted electronically, via “Teams” virtual audio/video meeting.

Interested parties wishing to attend the online conference must use this link to join the meeting:

Click here to join the meeting (Meeting ID: 272 059 481 779; Passcode: QXJJGr)

2. Any statements made at the pre-proposal conference will not change this RFP document or other

Contract Documents and will not be binding on Owner unless an Addendum has been issued from

DAS PS and advertised in OregonBuys identifying any such change.

All attendees shall be in attendance of the online conference by January 24, 2023, at 10:00 AM

(PT) in order to meet the mandatory attendance requirement, with no exceptions. Requests to enter the online meeting after that time will be rejected. Representatives participating in the conference will be asked to include their name and the company they are representing in the “chat” box to confirm their attendance. Use of camera is required for all attendees for the full duration of the conference. This procedure is in lieu of the traditional sign-in procedure and Proposers are responsible for ensuring that they sign into the conference correctly.

The conference will allow Proposers the opportunity to gain an understanding of the early design elements for the Project, discuss the Project with the Owner, Architect, Owner’s Authorized

Representative, and other members of the Project Team, gain information about the Project site and a better understanding of the Work and the unique aspects of the Project, and request clarifications regarding solicitation process and documents.

http://oregonbuys.gov/ https://oregonbuys.gov/bso https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjMwY2Q4MjMtZGEwZS00YjM0LTgxMmItOWE0MTg5NzhjYmI5%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22c1cb1106-aff9-46cc-8e58-1cbc3b875b6a%22%7d

PROPOSERS ARE REQUIRED TO ATTEND THE MANDATORY PRE-PREPROPOSAL

CONFERENCE(S), DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE.

PROPOSALS WILL ONLY BE EVALUATED FROM PROPOSERS WHO ATTENDED THE

MANDATORY PRE-PROPOSAL CONFERENCE(S), AND ALL OTHER PROPOSALS WILL

BE CONSIDERED NON-RESPONSIVE.

D. DEFINITION OF TERMS

Defined terms and acronyms used in this RFP are either defined within the terms of this RFP and the

Sample CM/GC Contract (Attachment D), included in the State of Oregon General Conditions for

Public Improvement Contracts (Exhibit A to Attachment D) or contained in Oregon Revised Statutes

(“ORS”) 279A, 279C, Oregon Administrative Rules (“OAR”) 137-046 or OAR 137-049.

CROSSWALK OF TERMS USED IN OREGONBUYS

Terms used in

OregonBuys Definition

Amendment

“Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date

“Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation).

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for

Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

Master Blanket

Purchase Order

(“MBPO”)

Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

Purchase Order Any form of project-specific contract (not awarded under an existing

MBPO)

Quote Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

Release Requisition Any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order Contract, etc.

Vendor

Any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in

OregonBuys.

E. SOLICITATION AND PROJECT SCHEDULE:

The dates for this CM/GC procurement process and the target dates of design and construction milestones of the Project are set forth below. DAS PS reserves the right to modify the solicitation schedule at any time, with appropriate notice to prospective Proposers. Required dates for other submittals and activities are specified elsewhere in this RFP:

SOLICITATION SCHEDULE DATE

Advertise RFP January 4, 2023

Mandatory Pre-Proposal Conference January 24, 2023 @ 10 AM (PT)

Due Date for Questions/Requests for Clarifications February 6, 2023 @ 2 PM (PT)

Due Date for Solicitation Protests February 6, 2023 @ 2 PM (PT)

Due Date for Submission of Proposals (“Closing”) February 14, 2023 @ 2 PM

(PT)

Notice of Competitive Range February 28, 2023 Due Date for Protests of Competitive Range March 3, 2023 @ 2 PM (PT)

Interviews for Competitive Range Proposers March 8-9, 2023

Notice of Intent to Award March 10, 2023

Due Date for Protests of Award March 17, 2023 @ 5 PM (PT)

Contract Negotiations March 13 - April 3, 2023

Contract Execution April 10, 2023

PROJECT MILESTONES TARGET DATE*

Begin Preconstruction Services April 10, 2023

CM/GC GMP Proposal Negotiations TBD

GMP Amendment Executed TBD

Construction Phase Notice to Proceed TBD

Substantial Completion No later than June 30, 2025

Final Completion 6 weeks following Substantial Completion

* Preliminary Project Schedule can be found in OregonBuys as “Exhibit F” in “Attachments” as one-page pdf file.

II. PROJECT INFORMATION

A. BACKGROUND

In July of 2021, DAS was informed of the OLCC Warehouse and Headquarters Relocation Project, including OLCC’s allocation of capital expenditure appropriation of $90.7 million to purchase land and construct a new distribution facility and administrative office building. This allocation also includes the purchase of a new liquor conveyor system, enterprise modernization of critical information technology solutions and debt servicing costs associated with the funding of this investment. During the 2022 legislative session, OLCC was granted an additional $54.8 million to cover the high inflationary costs of industrial land value, steel, lumber, and other rising construction expenses due to the global pandemic and international supply chain shortages.

OLCC’s need to relocate from its current location in Milwaukie, Oregon, is driven by the increasingly limited space available to stock spirits inventory and the age and condition of the current facility. The primary warehouse facility for liquor distribution was built in 1954 and shipped 850,000 cases annually. In 2021 the agency shipped nearly 4 million cases. Forecasts project a 5% expected annual increase in liquor shipments. Although the OLCC has added on to the current facility and added additional warehouse space with the acquisition of the Milport facility, almost 98% of the current warehouse space is being utilized throughout the year. The current warehouse and headquarters facilities are more than 65 years old. The warehouse requires significant near-term seismic and roofing upgrades. The plumbing in Headquarters requires a major overhaul. Therefore, time is of the essence to construct a new facility to meet the demand of the economic benefit to the State of Oregon.

Funding for this Project will be achieved by issuing three separate Article XI-Q General Obligation

Bonds which will reduce short-term costs while taking advantage of historically low interest rates. The investment in a new facility will allow the OLCC to capture revenue that’s currently at risk and continue growing for 20+ years. Construction of the new facility is expected to be complete in the Summer of

2025 (from groundbreaking to fully operational). In the interim, distribution center management will take steps to mitigate the impact of storage capacity limitations and aim to meet demand, therefore avoiding loss of revenue. Given the amount of revenue at risk over the next decade, this investment will pay for itself in a relatively short period of time and ensure the OLCC’s ability to meet anticipated demand and protect future liquor sales revenue distribution to the State General Fund, local government, and mental health programs as well as accommodate OLCC employees and external customers.

The project goals are:

Overall Project Goals – establish a fully functioning liquor distribution warehouse with automated material handling section, create enough office space to house all the departments, and increase the efficiency of the OLCC.

Material handling/conveyance system - Provide material handling system that offers improved flexibility and capacity to grow, which creates efficient methods and provide a more stream-lined process.

Seismically Sound Facility – Construct a seismically sound facility that improves life safety during a seismic event for the structure and non-structural assemblies.

Modern and Energy Efficient Building Systems – Provide energy efficient mechanical, electrical, plumbing and fire sprinkler systems for the building including cost-effective energy conservation measures meeting the State Energy Efficiency Design program (SEED), and other statutory programs for resilient landscaping, lighting efficiency, and reducing greenhouse gas emissions. While the Project is not anticipated to seek Leadership in Energy and Environmental Design (“LEED”) certification, it must be designed to best practices as close to LEED Silver or above standards as possible.

Americans with Disability Act (“ADA”) Upgrades – Meet or exceed ADA accessibility standards, including ADA accessible doors for all restrooms, common areas, IT Access, and some offices.

Greatest Long-Term Value – Obtain the greatest long-term value for the State of Oregon, which results in the prudent expenditure of public funds within the constraints of the program, context, and budget.

B. PROJECT OVERVIEW

The new facility will be designed and built within the legislatively approved budget to provide warehousing for distribution (approximately 400,000 sq. ft) and adjacent headquarters office space (approximately 30,000

sq. ft) for staff and for the public to visit, which may include, but is not limited to the following:

• Optimized office space for both the liquor control and cannabis management staff to accommodate hybrid work environment,

• Flexible meeting spaces,

• Public Commission Chamber with ability for onsite live streaming capabilities,

• Warehousing and site logistic to support current distribution needs with room for growth for a minimum of 20 years,

• Develop a campus that supports movement of large trucks, customers, and staff to move efficiently and parking for staff working at the campus.

The scope of the Project will encompass designing the warehouse and headquarters office on current and future needs, maximizing utilization of space while providing adequate circulation paths for personnel and material handling equipment such as forklift trucks, optimizing layout and configuration for the warehouse operation, including efficient circulation and material handling and storage processes, relate interior and exterior receiving and shipping operations to the process flow of goods through the warehouse, separate receiving, and shipping to avoid congestion at the loading dock areas in the building, and in the truck maneuvering areas, and approach alternative material handling methods to determine other building aspects, such as aisle widths, lighting design, need for mezzanine space, fire protection, and egress design.

Material handling system must provide at minimum the following capabilities:

• Deliver boxes up to 10 shipping warehouse doors

• Have a configurable speed

• Move boxes containing fragile glass containers filled with distilled spirits

• Collect boxes from multiple picking lanes within the warehouse

• Automatically space the boxes, at multiple points

• Prevent collision of the boxes

• Boxes must remain upright while moving on the conveyor system, on all sections

• Allow boxes to queue at each shipping door

• Scan and validate box labels at multiple points along the conveyor line and immediately prior to being loaded on to a truck

• Transport boxes into delivery trucks (i.e. extendable conveyor)

• Automatically divert boxes that cannot be scanned, or fail scanning validation, to a designated

'hospital' lane

• Sort/divert each box to its designated shipping door. Divert boxes to remaining shipping doors if an issue with one or more shipping doors occurs

• Support an average weight of 500 lbs per square foot

• Move boxes with minimum box dimensions of L 10” x W 8” x H 3” , maximum dimensions of L

27” x W 23” x H 20” , minimum weight of 3lbs, and maximum weight of 60lbs

• Support a repack (split case) area

• Be resistant to mechanical failures due to glass breakage or liquid spills

• Have a mechanism(s) to collect broken glass automatically (i.e. catchment basin)

• Support a will call shipping door

• Active weight calculations for trailer/stage unloading

In addition, it will address architectural works, financing, and managing risks associated with the Project.

The Project design must comply with DAS EAM and OLCC standards applicable to building performance and must conform to the Project scope for construction and technical specifications requirements. The design and completion of the Project must also comply with other applicable federal, State, and local codes and regulations. Under these requirements, the Project Team, to the maximum possible extent, must utilize the most cost effective and sustainable design approach, accomplish space and energy savings, and encourage other innovative construction features.

Owner seeks a CM/GC with expertise and innovative approaches in: (a) managing and coordinating both design and construction; (b) implementing performance specifications; (c) providing Value

Engineering (“VE”) and constructability reviews; (d) scheduling and estimating; (e) assessing risk; and

(f) providing a completed Project through a collaborative CM/GC delivery method.

The selected Proposer is expected to possess strong experience in the following areas:

1. Preconstruction services;

2. CM/GC construction services;

3. Developing Critical Path Method (“CPM”) schedules;

4. Accurate cost estimating utilizing Target Value Design methodologies;

5. Detailed VE analysis and life-cycle cost studies analyzing alternative designs;

6. Studying labor conditions, understanding construction methods and techniques;

7. Understanding local climate conditions and requirements for weather protection during construction;

8. Performing constructability reviews;

9. Sequencing of Work;

10. Coordinating and communicating the activities of the CM/GC’s team throughout the preconstruction and construction phases to all members of the Project Team;

11. Design assist on technical scope such as circuiting, controls and integration with mechanical equipment to be reused.

12. Management of construction schedules and Project site logistics;

13. Management and coordination of Building Information Modeling (“BIM”) process and protocols;

14. Management of Certified Business Firm (“COBID”) programs and bidding procedures;

15. Involvement in development and execution of sustainable building practices;

16. Management, execution and development of Lean construction practices;

17. Leadership and management of a Collaborative Project Delivery (“CPD”) team; and

18. Seismic design, including required seismic bracing of equipment, systems, and other building elements.

C. PROJECT APPROACH

OLCC will use Collaborative Project Delivery (“CPD”), a collaborative team approach, to manage all phases of the Project. CPD is a deeply collaborative process that enhances the integration of people, systems and processes, and harnesses the innovation and talents of project team members to eliminate waste and optimize Project outcomes and efficiencies through all phases of planning, design, procurement, construction and operations. See Attachment D, Exhibit G.

The CM/GC approach to the Project requires that all Project participants embrace the following principles of an integrated process for the management and execution of the Project:

1. Mutual respect and trust;

2. Mutual benefit and reward;

3. Collaborative innovation and decision making;

4. Early involvement of key participants;

5. Early goal definition;

6. Intensified planning;

7. Enhanced communications;

8. Open and transparent communication;

9. Appropriate technology;

10. High performance organization and leadership; and

11. Co-location of design and construction; and

12. CPD (Attachment D, Exhibit G)

D. PROJECT TEAM

The Project team (“Project Team”) shall include the following Authorized Representatives:

1. Owner’s Authorized Representative (OLCC) – Jeff Samuels, Director, OLCC, Administrative Services

Division

2. Owner’s Representative Support, (DAS EAM”)– Scott Nebeker, Construction and Facility Maintenance

Manager (assist Owner’s Authorized Representative)

3. Owner’s Consultant/Project Management Services Provider – Karl Schulz, Founder, Inici Group, LLC, a Cumming Company (collaborative Project Management services on behalf of the Owner)

4. Architect – Paul Boundy, Managing Principal, LRS Architects (design and the design support services)

5. CM/GC - (TBD)

E. TARGET GMP

OLCC has a construction budget and target GMP of approximately $99 million for the Warehouse and

Headquarters Relocation (including material handling equipment budget). See Attachment D, Sample

CM/GC Contract, Article 1, Section 1.22. for definition of GMP.

F. APPLICABLE OARs AND RFP PROVISIONS

1. Applicable OARs - In accordance with ORS 279C.335(2) and 279C.350, DAS PS has chosen to exempt this procurement from the competitive bidding requirements of ORS 279C.335(1) and will conduct this procurement in accordance with ORS 279C.337, other applicable provisions of ORS

279A and 279C related to public improvement contracts, the Model Public Contract Rules adopted by the Oregon Attorney General under ORS 279A.065(3) (the “Model Rules”), OAR 137-049-0600 to 137-049-0690 and the provisions of OAR 137-046 and OAR 137-049 applicable to a public improvement contracts of the type addressed in this RFP. DAS PS intends to enter into a CM/GC

Contract with the highest-ranked Proposer at the conclusion of the selection process set forth in this

RFP. In addition to the applicable statutory provisions in ORS Chapter 279C, as required by ORS

279C.337(1) the Oregon Administrative Rules that apply to this procurement and in accordance with which this procurement will be conducted are the Oregon Department of Justice model rules in OAR

Chapters 137-046 and 137-049.

2. Additional RFP Provisions - Pursuant to ORS 279C.337(2), the following information is required to be included in the RFP:

(a) As provided in Attachment D, Sample CM/GC Contract, Article 6, Section 6.7, savings under the Contract shall accrue to the Owner.

(b) See Attachment D, Sample CM/GC Contract, Article 6 for the terms and conditions that govern how the fixed price, guaranteed maximum price or other maximum price will be determined and whether the price includes or is based on unit pricing or allows for Work that is constructed in phases.

(c) Except as otherwise provided in Attachment D, Sample CM/GC Contract, Article 6, Owner will not pay more than the GMP specified in the CM/GC Contract unless the amount results from material changes to the Scope of Work set forth in the CM/GC Contract and the Parties agree in writing to the material changes.

III. SERVICES AND WORK TO BE PROVIDED

A. DESCRIPTION OF SERVICES AND WORK

The planned services and work under the resulting CM/GC contract provided by the selected CM/GC contractor will consist of preconstruction services (including Mechanical, Electrical and Plumbing

(“MEP”) design-assist, phasing, scheduling and budgeting support), value engineering (“VE”) services, equipment pre-purchasing, renovation and construction services, and all related support services needed to complete the Project (collectively, the “Work”). Below is a general overview of the CM/GC services. Proposers should refer to Attachment D, Article 3 for a full description of the

CM/GC services and Work.

The selected Proposer will be engaged during the Design Development and Construction Documents phase of design and will be expected to provide informed recommendations regarding detailed elements of the Project. Selected Proposer will be expected to:

- Provide Owner and Architect with unique expertise and experience that will assist to select the most economical and timely construction solutions.

- Implement procedures to aggressively manage the construction costs, schedule, and phasing requirements, and minimize hazards related to the development of the Project site.

- Develop Project procedures to manage the high risks and critical need for effective partnering and collaborative decision-making processes to ensure that jobsite safety is not compromised and that impacts on sub-contractors are minimized.

- Develop means and methods strategies to ensure safety of the public and adjacent ongoing operations.

- Provide procurement and implementation strategies (as appropriate) for complex phasing of the

Project to leverage early bid package(s), while allowing time for additional design solutions for later bid packages and coordination of Work activities.

- Understand the Project’s budget limitations and the need to identify cost-effective solutions through constructability reviews, VE and collaboration with stakeholders to meet budget constraints.

- Provide strategies to avoid price escalation through strategic bid packages.

1. Preconstruction Phase Services. The selected CM/GC will participate in the Design Development and Construction Document phases of design as a member of the Project Team to plan, design and develop the Work in a cost-effective manner.

The CM/GC’s Preconstruction Phase Services are fully described in Attachment D, Sample

CM/GC Contract, Article 3, Section 3.1.

2. Construction Phase Services. If the Construction Phase Services are authorized and the appropriate amendments are executed, CM/GC shall provide full general contracting services and construction management for construction of the Project in accordance with the requirements of the Contract Documents, except when work element is specifically indicated in the Contract

Documents to be the responsibility of others. The CM/GC shall also provide CM services and shall closely coordinate such work with the Owner’s Authorized Representative, Owner’s Consultant, and Architect. Construction Phase Services are fully described in Attachment D, Sample CM/GC

Contract, Article 3, Sections 3.2 and 3.3.

Construction Phase Services may include authorized Early Work, such as pre-construction fences or other Early Work identified during Preconstruction Phase Services.

B. SPECIAL REQUIREMENTS

Proposers shall note the following requirements:

1. The Proposer shall provide a full description of items that make up the proposed GMP and submit a complete copy of any Early Work maximum, not-to-exceed price and the GMP cost estimates, including all details, to Owner and the Architect, as more particularly described in the Sample

CM/GC Contract (See Attachment D).

2. The Proposer shall comply with the requirements set forth in ORS 200.005 to 200.075 for participation by disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses owned by service-disabled veterans and emerging small businesses that the

Certification Office for Business Inclusion and Diversity has certified under ORS 200.055

(“COBID Certified Business” or “Certified Business Firm”). COBID Certified Businesses must have an equal opportunity to participate in the performance of contracts financed with State funds.

The Proposer shall comply with the requirements set forth in ORS 200.005 to 200.075, each

Proposer shall submit a COBID Certified Business Outreach Plan with the Proposer’s Proposal.

By submitting a Proposal, each Proposer further certifies and agrees that it has not discriminated and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin, and it has not discriminated and will not discriminate against any subcontractor in awarding a subcontract because the subcontractor is a COBID Certified Business.

If there may be opportunities for subcontractors to work on the Project, it is the expectation of the

Owner that the Proposer will take reasonable steps to ensure that COBID Certified Businesses are provided an equal opportunity to compete for and participate in the performance of any contract and/or subcontracts resulting from this procurement.

DAS PS will not consider a Proposer’s COBID Certified Business Outreach Plan in selecting a

CM/GC or score or evaluate the plan as part of an evaluation of a Proposal, but the COBID

Certified Business Outreach Plan is a mandatory submittal under this RFP, and will become a contractual obligation of the successful CM/GC under any contract that results from this RFP.

3. Pay Equity Compliance. As required by ORS 279C.520, Proposer shall comply with

ORS.652.220 and shall not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Proposer’s compliance with this section constitutes a material element of this RFP and resulted CM/GC Contract and a failure to comply constitutes a breach that entitles the Owner to terminate the resulted CM/GC Contract for cause.

Proposer may not prohibit any of Proposer’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Proposer may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

The Proposer shall also have an unexpired certificate issued by DAS (under ORS 279A.167) upon completion of the curriculum and assessment that the Proposer understands the prohibitions set forth in ORS 652.220 and in other laws or rules that prohibit discrimination in compensation or wage payment. The certificate is only required if the Proposer employs 50 or more full time workers and submitted a Proposal for a procurement with an estimated contract price that exceeds $500,000.

4. In order to effectively implement the CM/GC project delivery method for the Project, DAS PS will impose special requirements in the resulting CM/GC Contract to ensure an adequate level of competition for Early Work (if any) and GMP bid packages. OLCC shall monitor the processes the CM/GC uses to award subcontracts. The CM/GC must report the details of the processes to

Owner, according to the requirements of any resulting CM/GC Contract and otherwise in the manner that Owner directs. The CM/GC shall solicit bids from subcontractors in writing, unless

Owner specifies otherwise in writing. Owner will review all bids from subcontractors at its discretion, and must pre-approve in writing any award if fewer than three (3) bids are received in response to the CM/GC’s solicitation. Detailed provisions of the bidding process are in Attachment

D, Sample CM/GC Contract.

IV. PROPOSAL INFORMATION, PROCEDURES AND REQUIREMENTS

A. REQUESTS FOR CLARIFICATION OR CHANGES AND PROTESTS

Proposer may submit written requests for clarification or changes to or protest of a particular RFP provision or Contract terms and conditions. All protests and requests for clarification or change must be submitted to the SPOC listed on the cover page of this RFP no later than deadlines specified in Section I.E of this RFP.

The Proposer shall include the reasons for the protest or request and any proposed changes. DAS PS will not consider any protests or requests for clarification or change submitted after the relevant deadline specified in

Section I.E.

Submission of a protest by the above referenced deadline is the only opportunity for Proposers to protest procurement requirements, technical specifications or any Contract terms and conditions attached to this RFP.

If any Proposer takes exception to the technical specifications, Contract terms and conditions, or the procurement requirements of this solicitation in its Proposal, other than those addressed and revised by

DAS PS through written Addenda, the Proposal must be deemed non-responsive and rejected by DAS

PS.

DAS PS will respond to each properly submitted written request for clarification or change or protest.

Where appropriate, DAS PS will issue revisions or clarifications via Addenda. Specifications, contractual terms, and procurement requirements can only be changed via formal Addenda issued by

DAS PS and posted in OregonBuys. Proposers are required to acknowledge receipt of all Addenda issued on Attachment A of this RFP (Proposer Representations and Certifications).

An issue that could have been, but was not, addressed by the Proposer pursuant to a request for clarification or protest will not be considered grounds for a Protest of Award.

B. PREVAILING WAGE RATES

For this Project, the provisions of ORS 279C.800 through 279C.870 shall apply. The Oregon Bureau of Labor and Industries (“BOLI”) prevailing wage rates that will apply to the CM/GC Contract are the rates that are in effect at the time the first Early Work Amendment is executed, or if there is no Early

Work Amendment, then those prevailing wage rates that are in effect at the time the GMP Amendment is executed. Once established, the prevailing wage rates are in effect for the remainder of the term of the CM/GC Contract. The prevailing wage rates that will apply will be those set forth in the then current version of the following BOLI booklet(s), together with any amendments or corrections:

“PREVAILING WAGE RATES for Public Works Contracts in Oregon.” The Construction Services will take place in Clackamas County, Oregon, Region 2. See generally:

http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

C. OREGON PUBLIC RECORDS LAW

1. Public Inspection of Proposals. Proposals may be available for public inspection, subject to the

Oregon Public Records Law, ORS 192.410 through 505, only after DAS PS has issued the Notice of Intent to Award. DAS PS reserves the right to publish or display publicly all exhibits in accordance with this Law.

2. Trade Secrets. If a Proposal contains any information that may be considered exempt from disclosure as a trade secret under either ORS 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public Records Law, ORS 192.311 through 192.478, the Proposer must clearly http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx designate on or with the Proposal the portions of the Proposal that Proposer claims are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the

Proposal in whole as trade secret, confidential or otherwise exempt from disclosure is not acceptable.

In such circumstances, DAS PS will require Proposer to submit a memorandum citing the statutory justification for each specific area of the Proposal that Proposer claims to be exempt.

3. Grant of License. By submitting a Proposal in response to this RFP, Proposer grants the State of

Oregon a non-exclusive perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the Proposal for the purpose of conducting this procurement and to fulfill the State of Oregon’s obligations under Oregon Public

Record Laws.

4. State Immunity. The State shall not be liable for disclosure or release of information when authorized or required by applicable law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS

646.473(3).

D. BINDING OFFER

Submission of a Proposal constitutes Proposer’s affirmation that all terms and conditions of the Proposal constitute a binding offer that shall remain firm for a period of ninety (90) Days from the Closing Date and

Time specified on the cover page of this RFP (the “Closing”).

E. RESERVATION OF RIGHTS

DAS PS reserves all rights regarding this RFP Solicitation, in its sole discretion, including, without limitation, the right to:

1. Amend the RFP by means of Addenda;

2. Reject, through written notice to the interested Proposer(s) and via OregonBuys, any and all

Proposals received, if it is in the best interest of the public;

3. Cancel the RFP, through written notice to interested Proposers and via OregonBuys, if DAS PS determines that such cancellation is in the best interest of the public;

4. Seek clarifications of any Proposal;

5. Supplement or re-designate members of its Evaluation Committee or any interview panel, or to establish additional committees, as it deems appropriate, to negotiate a final resulting Contract within the general scope of Work for the Project described herein;

6. Negotiate with lower-ranked Proposers if negotiations with the highest-ranked Proposer are unsuccessful until successful Contract negotiation or cancellation of this Solicitation.

7. Cancel negotiations if the selected Proposer fails to agree on the final form of the CM/GC Contract within 30 Days;

8. Postpone award or execution of a CM/GC Contract to complete reference checks;

9. Reject any Proposal that fails to substantially comply with all prescribed Solicitation procedures and requirements or based on reference checks;

10. Revise, by means of Addenda or other appropriate notice, any statement of work provisions for the

Project, the schedule for performance of Preconstruction Services, Construction Services or other

Work, or payment terms;

11. Waive any minor informalities and irregularities in accordance with OAR 137-049-0350;

12. Negotiate the limited terms identified in this RFP to serve the best interest of the public;

13. Amend any Contract resulting from this Solicitation; or

14. Extend any Contract resulting from this Solicitation without an additional solicitation process.

F. COST OF PROPOSALS

All costs incurred in preparing and submitting a Proposal and participating in interviews in response to this Solicitation, and all costs for protest shall be the responsibility of the Proposer and shall not be reimbursed by Owner. The State and the Owner shall not be liable for the Proposer’s costs or damages for filing the protest or to any participant in the protest, on any basis, express or implied.

G. PROPOSALS PROPERTY OF DAS.

Proposals that are withdrawn prior to the Proposal Due Date, all information submitted by a Proposer in response to the RFP shall become the property of the DAS PS and will not be returned to the

Proposer. DAS PS may release an unopened Proposal withdrawn to the withdrawing Proposer or its authorized representative, after voiding any date and time stamp mark.

H. MODIFICATION OR WITHDRAWAL OF PROPOSAL

Any Proposal may be modified or withdrawn by notice to DAS PS at the address designated for receipt of Proposals. Modifications and withdrawal notices must be in writing, must be signed by an authorized representative of the Proposer, and must be delivered in a sealed and date/time stamped envelope at or before the RFP Closing time and date set for receipt of Proposals. A Proposer may amend or withdraw its Proposal any time prior to the Closing.

I. CLOSING AND PUBLIC OPENING OF PROPOSALS

Proposals will not be accepted after the Closing date/time stated on the cover page of this RFP or as may be extended by any subsequently issued Addenda.

Proposals will be publicly opened through electronic means and only the names of the Proposers will be read at the Opening at the Closing date/time specified on cover page of this RFP. Interested parties may attend the public opening for this solicitation as follows (it is attendee’s choice to use video or audio only):

Click here to join the meeting

Or

Via telephone at (503) 446-4951, using PIN 65862251#

J. SUBSTANTIAL COMPLIANCE REQUIRED

Incomplete Proposals and those not in substantial compliance with RFP requirements will be deemed non-responsive and will not be considered. Incomplete Proposals cannot be supplemented by submissions delivered or information provided after the RFP Closing date and time. However, DAS

PS may waive minor informalities and irregularities, and, in its sole discretion, may seek clarification of any response that, DAS PS deems necessary or advisable.

DAS PS may reject as non-responsive any incomplete Proposals, Proposals not organized as required in this RFP, Proposals that do not include all of the information required or those that do not otherwise comply with the requirements specified in this RFP.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2RlNGRmZjMtZjVmMC00YTJkLTg0MmQtOTA3OGRhZGM5NmQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22c1cb1106-aff9-46cc-8e58-1cbc3b875b6a%22%7d

K. PROPOSAL SUBMISSION

1. Submittal Requirements. Each Proposer’s submission in response to this RFP shall:

(a) Be submitted in a form of electronic file via OregonBuys (unless proposal-specific alternative has been approved by the SPOC). To ensure proper identification and handling, electronic files/attachments shall be clearly marked “RFP # S-10700-00005334 Proposal to Provide CM/GC Services for the OLCC Warehouse and Headquarters Relocation” and bears the Proposer’s name;

(b) Attachment C – Cost Proposal Form must be submitted as a separate electronic file via

OregonBuys (unless otherwise approved by the SPOC) marked as “RFP # S-10700-00005334

– Cost Proposal for the CM/GC Services for the OLCC Warehouse and Headquarters

Relocation;”

(c) Be in font no smaller than Times New Roman size 10 and Proposal Contents for Section

IV.K.2(f) must not exceed 30 pages, including pictures or diagrams. File size must not exceed

25 mb. Proposal Representations and Certification Form, COBID Outreach Plan, Cost

Proposal, Proposal Security, Letter from Proposer’s bonding company, resumes required by

Section IV.K.2 (a) – (e), and section dividers are excluded from the page limit. If the Proposer exceeds the page limit for Sections IV.K.2(f) or total allowed file size, DAS PS may consider the information on the first 30 pages, may decline to consider information beyond the 30th page, or decline to accept the Proposal;

(d) DAS PS shall not be responsible for and will not accept late or mis-delivered Proposals, protests, or other submittals. DAS PS is not and shall not be held responsible for failure of

OregonBuys or any electronic mail system that interferes with the ability of Proposers to submit Electronic Submittals, to protest or to otherwise participate in the RFP process. DAS

PS shall not be responsible for the proper handling of any Proposal not properly identified, marked and submitted in a timely manner.

(e) For information on how to submit an electronic response to an RFP, please visit:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20

Solicitation%20Response.pdf

2. Proposal Contents. Each Proposer’s submission in response to this RFP must include the following information in the order listed below. Concise and direct responses are encouraged.

(a) Completed and executed Attachment A, Proposer Representations and Certifications

Form as the first page. Proposer is required to:

(i) identify whether the Proposer is an Oregon resident as defined in ORS 279A.120;

(ii) provide Construction Contractors Board (“CCB”) license number (no Proposal will be considered unless the Proposer is licensed pursuant to ORS 701.055 (1) prior to submitting a Proposal; and

(iii) acknowledge any and all addenda by insertion of numbers of addenda.

The certification binds the Proposer to perform the services for the fees stated in their Proposal.

Failure to submit a signed Proposal Representation and Certification Form will result in rejection of the Proposal.

(b) Completed and signed Attachment B, Certified Business Firm (“COBID”) Outreach Plan.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

(c) Completed Attachment C, Cost Proposal Form (reference Attachment D). Proposer shall present a proposed fee for providing the CM/GC services in two parts:

(i) Preconstruction Phase Services: Complete Attachment C, Cost Proposal Form, providing in Section A, Preconstruction Cost, hourly rates for key personnel that will be performing

Preconstruction Phase Services, the projected number of hours for key personnel over the duration of the Preconstruction Phase, and all other costs projected for the

Preconstruction Phase Services.

(ii) Construction Phase Services:

• CM/GC Fee: State the proposed CM/GC Fee as a percentage of the Cost of Work.

See Article 6, Section 6.3.

• Insurance and Bonding Cost: State the Proposed Insurance and Bonding Cost as a percentage of the Cost of Work. See Article 6, Section 6.3. Provide a breakout of all insurance and bonding amounts included in the total percentage.

• General Conditions Work Cost: State the proposed monthly cost for reimbursable

General Conditions Work (as defined in Attachment D, Sample CM/GC Contract, Article 8).

(d) Proposal security in the amount of 10% of the Proposed Not-to-Exceed Preconstruction Fee for the Project must be submitted with the Proposal. Proposal security must be in the form of a cashier's check, certified check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or a Proposal bond.

(e) Letter from Proposer’s bonding company attesting to the capacity of providing 100% performance bond and 100% payment bond for the Project in the amount of the target GMP of $99M.

(f) Proposer Information

(i) Background:

• Provide a brief description of the Proposer’s history and its capabilities. Include annual volume gross revenue amounts for the past five (5) years, and current bonding capacity. Include a description of its ownership structure of the business, and year of formation.

• Provide a general description of the Proposer’s safety programs, as well as the

Proposer’s most recent Workers Compensation Insurance experience modifier.

(ii) General Construction Project Experience

• Provide a listing, in chronological order and in chart format, of the Proposer’s most recent completed concrete tilt projects of $75 million or more (provide a list of three

(3) or more) without judgements. Information on these projects must include the following:

o Name of the owner, contact person, and current phone number;

o The architect, contact person, and current phone number;

o Location of the project and completion date;

o A brief description of the Project;

o Amount of initial contract award or negotiated GMP (if applicable);

o Final contract amount and total dollar amount of change orders; and o Description of any claims or pending claims relating to any of the listed Projects that resulted in litigation or arbitration and the disposition of such claims against Proposer.

• Provide detailed experience in managing construction of the listed projects.

(iii) CM/GC GMP Project Experience

Provide a listing of project experience with facilities for the public sector that involved the CM/GC delivery method and the GMP compensation method.