RFP UGM Simonka 2025 Remodel RFP 112524 F.pdf
PDF 4 MB Posted
- Solicitation number
- S-C25102-00012036
- Issued by
- Marion County, Junction City, Oregon
About this file
This is a Request for Proposal (RFP) issued by Union Gospel Mission Salem for preconstruction and construction services for the Simonka Place Women's Shelter renovation project in Keizer, OR. The project involves remodeling and refreshing the existing 22,181 square foot facility, including a new 522 square foot addition, modifications to sleeping rooms and restrooms, office reconfigurations, HVAC upgrades, and various interior and exterior improvements. Proposals are due January 16, 2025 by 4:00 PM PST, with a pre-proposal conference/walk-through scheduled for December 11, 2024. The construction start date is set for April 15, 2025, with substantial completion expected in October 2025 and final completion by December 31, 2025.
The project will utilize both public and private funds and is subject to federal Davis-Bacon Act and BOLI prevailing wage requirements. The contract will be structured as Cost of Work Plus Fee with a Guaranteed Maximum Price (GMP). The contractor will be required to provide design-build services for mechanical, plumbing, electrical, fire alarm, and fire protection systems. Four add alternates are included: perimeter fencing replacement, motorized gates installation, kitchen hood replacement, and kitchen swamp cooler repairs. The facility must remain operational during construction, requiring phased work and coordination with temporary administrative trailers. The selection process will evaluate contractors based on past performance, team qualifications, cost control approach, and ability to incorporate gifts-in-kind and volunteer labor into the project.
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REQUEST FOR PROPOSAL
PRECONSTRUCTION SERVICES
CONSTRUCTION SERVICES
Release Date: November 25, 2024
Due Date: January 16, 2025 4:00 pm (PST)
(See Project Schedule Page 5)
Union Gospel Mission Simonka Place Women’s Shelter 5119 River Road North Keizer, OR 97303
Refer Questions to:
Merrick Lentz Architect
Attn: Craig Chaney
12815 NE 126th Place
Kirkland, WA 98034
Email: craigc@mlarch.com 425.747.3177 mailto:craigc@mlarch.com
SUMMARY: The Contractor is to participate in a collaborative process with the Union Gospel Mission
Salem(Owner) and the Architect of Record to provide preconstruction and construction services on the above-named project. Contractor will provide design-build services for the building’s mechanical, plumbing, electrical, fire alarm, and fire protection systems, assist in value engineering, influence the methods and sequencing of the construction phase and manage the construction delivery of the project. The Contractor will be required to provide a Guaranteed Maximum Price (GMP) for the entire project.
Executive Summary: Responses to this Request for Proposals for Contractor Services will be received by the
Owner AND Architect via electronic PDF email to:
Owner Contact: danclem@ugmsalem.org
Architect Contact: craigc@mlarch.com
Electronic application submittals must be received by 4:00 pm PST January 16, 2025
Timely submitted RFP's will be reviewed and a potential interview with short-listed companies will be scheduled during the period of January 17 – January 31, 2025. The Owner reserves the right to forego the interview process and award a contract based on the proposals exclusively. Final selection will be made quickly, and the selected
Contractor will be expected to immediately be included in the design process currently underway.
The Owner expects the process for the development of the design and the delivery of the project to be a collaborative process in which the Contractor will participate as a partner with the Owner and the other members of the Design and Delivery Team.
mailto:danclem@ugmsalem.org mailto:craigc@mlarch.com
Description of the Project:
The proposed project is a refresh and remodel of the existing UGM Simonka Place Women’s Shelter at 5119 River
Rd NE, Keizer, OR 97303. The single-story building, originally constructed in 1983 was approximately 17,737 square feet. An addition of 4,444 in 2013-2014 brought the building to it’s current size of approximately 22,181 square feet. The building is of Type V-A (wood-framed, 1 hour) construction and is fully sprinklered with an NFPA
13 system. The original roof system is constructed with pitched, parallel chord trusses over a semi-conditioned attic, roofed with asphalt shingles, and includes two recessed rooftop equipment wells with a flat single-ply membrane roof. The floor system is a concrete slab on grade with spread footings at the exterior wall and interior bearing walls.
The original building is insulated to the standards of the time of construction, as is the addition. The site is fully developed, with a single entrance drive, a 32-stall parking lot in the front yard and relatively narrow side and rear yards.
This project will utilize both public and private funds for the work. The contract is subject to federal Davis-Bacon
Act requirements in addition to BOLI requirements. The contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to prevailing wage rates. See Prevailing Wage Exhibit A at the end of this RFP for detailed requirements. In addition, the contract is subject to federal requirements as described in Exhibit B, titled “Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts
Under Federal Awards.”
The general contractor will perform a cost estimate at the completion of the construction drawings with divisions per the CSI format, itemized for each division, with detail as required within each division. Estimate shall be comprehensive and include general conditions, fees, profits, markups, insurance, proposed alternates, and other costs.
The proposed project scope is described in detail on the attached design development drawings and includes the following:
• New 522sf (approximately) addition under the exterior roof structure and adjacent to the building entry. This will include modification of the existing roof profile, new footings and slab- on-grade, new exterior walls with new windows, and modification of the canopy over the existing entry.
Addition will include reconfiguration of existing offices to create (4) additional offices and modify existing offices as shown in Exhibit E Floor Plan to this RFP.
• Modification of (4) existing large sleeping rooms to create (8) smaller sleeping rooms, with individual single-use restrooms for each room, including an ADA-compliant sleeping room.
Includes new fixtures and finishes for the new restrooms and new ¾-hour doors and frames for the unit entries. Add acoustic separation to existing wall between sleeping rooms. All new plumbing is by Design Build and includes demolition of existing slab on grade as required to make new waste line connections, and concrete infill as required.
• Combine (4) small offices and portion of existing hall to create new child development room and adjacent office/classroom.
• Add acoustic separation to existing wall between new development room and adjacent dayroom.
• Enclose a portion of the existing hall near entry to create a small office adjacent to existing health exam room.
• Enlarge Break Room into adjacent hallway.
• Decrease size of IT room to provide relocated office access and remove existing cabinetry from the
IT room.
• Provide new folding partition and supporting structure in Chapel.
• Modify Dorm Room 146 to make room ADA compliant, thus: relocate entrance door. modify existing restroom as shown to make ADA compliant, with new 36” door. new door finishes to match existing doors. add grab bars at existing toilet, with new blocking in wall. new ADA compliant wall-hung lavatory. Plumbing and electrical revisions by Design-Build.
• Replace all windows in original building (existing windows in 2013 addition to remain.)
• Replace existing exterior siding and soffits on original building. Includes new weather-resistant barrier over existing sheathing, and new penetration flashing at existing openings. (Existing siding at 2013 addition to remain.) Replace any damaged sheathing as required.
• Repaint entire exterior.
• Replace all existing lights within original building and 2013 addition to new LED fixtures, except in areas indicated for existing lighting to remain. Provide occupancy sensors in all new and modified rooms per the requirements of the current applicable codes.
• Provide new electrical switches and electrical outlets in new and modified rooms, as required to meet the minimum requirements of the current applicable codes. Provide at minimum 1 outlet on each wall in new and modified guest rooms and offices, and one convenience outlet in new and modified restrooms. Electrical work is to be Design Build.
• Replace existing gutters and downspouts with new on original building. Gutters on 2013 building to remain.
• Replace (4) rooftop HVAC package units in original Building. Provide new mini-split HVAC units in unconditioned portions of the Kitchen, Pantry and Receiving. Provide conditioning to new guest rooms and modify conditioning to existing modified guest rooms as required. Provide new exhaust fans, duct work and routing at new and modified restrooms as required by code. All Mechanical modifications shall be Design-Build. Electrical connections to new and modified equipment shall be by Design -Build, which is a method to deliver a project in which the design and construction services are contracted by a single entity known as the design–builder or design–build contractor.
• Modify existing fire sprinkler system as required for all new/remodeled construction. Design Build.
• Modify existing fire alarm system as required for all new/remodeled construction. Design Build.
• Remove the carpeted walls below the running trim in the existing hallways. Repair Gypsum
Wallboard (GWB) as required to make wall smooth below the running trim. Provide vinyl wall coverings up to underside of trim. Repaint all corridor walls (prime at vinyl) and running trim.
• Paint all new and altered spaces within individual rooms and offices.
• Install new wall and double door in hallway near Lounge 152. Exit hardware will be required.
• Remove existing carpet and flooring in hallways, offices and guestrooms, as shown in Exhibit E.
Install new Luxury Vinyl Tile (LVT) in guestrooms and break room, and new carpet tile in hallways and offices. Install new 6” tall vinyl wall base at new flooring locations.
• Remove existing vestibule carpet and install new walk-off carpet tiles.
• Remove a portion of the existing wall between the maintenance room and the adjacent office. Patch and repair flooring, wall and ceiling finishes as required.
• Remove a portion of the existing wall between the dry storage room and the adjacent office. Patch and repair flooring, wall and ceiling finishes as required. Revise office finishes to match dry storage finishes.
• Remove existing kitchen flooring. Prep concrete slab as required for new flooring. Install new epoxy flooring in kitchen with 6” coved base. The General Contractor shall be responsible for disconnecting, moving, replacing, and reconnecting the kitchen equipment, plumbing fixtures, etc.
• Make site improvements as indicated at new addition adjacent to building entry.
• Remove and replace the existing damaged sidewalk on north side of the parking area, east of the building. Extend sidewalk to pedestrian public way. Provide ADA ramps and detectable warnings as shown on the site in Exhibit E.
• Replace existing parking lot area light fixtures with new LED fixtures on existing poles. Add LED sign lighting at grade for existing site sign. Install new exterior lighting control panel to replace existing. By Electrical Design-Build.
• Add Alternate #1: Remove existing fence at perimeter of property. Install new 8’ tall chain link fence with privacy slats at perimeter of property.
• Add Alternate #2: Install (2) new motorized gates in locations shown. Extend power from building to gate locations in conduits, together with (1) 1-1/2” low voltage conduit to each location. Make all connections to operators, exit, and safety sensors. Patch and repair asphalt and concrete paving as required where disturbed. Install gate with exit hardware in new fence at the sidewalk at the northeast corner of the property.
• Add Alternate #3: New Kitchen Hood. Replace existing kitchen commercial type 1 hood with new kitchen commercial type 1 hood of same length. Provide new Ansul fire suppression system.
Replace existing welded grease duct with the fully welded duct of equivalent size. Provide new rooftop exhaust fan (centrifugal upblast type) to replace existing and make electrical connection.
• Add Alternate #4: Make framing and roofing repairs at existing kitchen swamp cooler.
It is the intention of the owner that the property remain in operation during construction, so work will be restricted to weekday business hours, and phasing of the work will be required. During this time the Owner will secure on-site temporary trailers for administrative and some temporary ministry support functions. The contractor will coordinate placement of trailers and provide utility hookups as required. Housing of residential clients will remain in the building during construction. It is expected that the general contractor will work with the owner to develop a phasing plan that will allow the work to be completed in a timely manner but will not require the shutting down of the facility. It is understood that the kitchen function will be temporarily interrupted while the kitchen floor is replaced. The Owner will develop a plan to feed the residents in the building. The Owner shall be responsible for moving furnishings and equipment out of the work areas in a timely manner.
See Exhibit E for the Design Development Drawings for a description of the proposed project scope. Sheets provided include A1.1 – Site Plan, A2.1 – Floor Plan, A2.2 Lighting Plan, A2.3 - Finish Floor Plan, A3.1 - Exterior Elevations, A3.2 – Exterior Elevations.
Project Schedule:
The Project is currently in Design Development with the following anticipated milestones:
Issue Request for Proposal November 25, 2024 Pre-Proposal Conf/walk-thru December 11, 2024
Questions/Requests for Clarifications open December 11, 2024
Questions/Requests for Clarifications end: December 20, 2024
Answers to Questions/Clarification posted to Oregon Buys Jan 6, 2025 2 p.m.
RFP Closing/Proposals Due Jan 16, 2025 4p.m.
Evaluation Period Jan 17 – Jan 31, 2025
Notice of Intent to Award Posting February 7, 2025
Protest Period of Intent of Award February 14, 2025
Completion of Construction Drawings February 21,2025
Final Cost Estimate: March 7, 2025
Construction Start: April 15, 2025
UGM reserves the right at it’s sole discretion to adjust schedule as it deems necessary.
Design Team:
The primary member of the Design Team which is currently under contract and which the Contractor will be working with is:
Merrick Lentz Architect
12815 NE 126th Place
Kirkland, WA 98034 425.747.3177
Attn: Craig Chaney
Engineering services will be provided and coordinated by the architect.
Form of Agreement:
The successful firm will be required to enter into a contract agreement between the Owner and Contractor, where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. The owner will provide a template of this proposed contract for negotiation. Additionally, the Contractor will be required to sign a Public
Improvement Agreement Form with the County of Marion. (See Exhibit C for Sample Agreement.)
Proposal Content and Instructions to Proposers:
The proposal submitted in response to this RFP shall be in the format outlined below and shall be signed by an officer of the firm with proper authority to commit the firm. Please send via e-mail in PDF format to the contacts listed on the RFP page # 1.
The proposal shall include responses to the criteria listed below. Proposals should be clear and concise. Lengthy or elaborate proposals are not required or desired. A simple letter format is not acceptable. In your proposal, please address each item on checklist Exhibit D. Emphasis should be placed on the specific qualifications of the people who will perform the work of this contract, the specific approach to the execution of the work, and qualities of your firm that will ensure success of this project.
Past Performance/Qualifications: Provide a summary of successfully completed projects similar in scope to this project that demonstrate the firm’s capabilities and qualifications and illustrates the firm’s commitment to a collaborative process.
Proposed Team: List experience and capabilities of proposed personnel, including Project Manager, Estimator, and desired Field Superintendent. Include resumes.
Budgeting and Cost Control: Describe your firm's approach and tools to assist with accurately forecasting costs and creating realistic budgets at various stages of design completion.
Special Qualifications: Describe what unique or extraordinary skills or qualifications your firm brings to this specific project. How would the selection of your firm add value to the project?
Gifts In Kind and Volunteer Labor: Describe your firm’s philosophy regarding the incorporation of in-kind donations and/or volunteer labor into the project. Discuss how your firm will help the Mission to identify and secure gifts-in-kind and provide examples of how you have done so with past non-profit clients.
Dispute Resolution: Provide your firm’s history of claims and litigation within the last ten years, and your proposed process for dispute resolution.
Design-Build Team: New work and modifications to the building systems, such as Mechanical, Electrical, Plumbing, Fire Alarm, and Fire Protection are all by Design-Build. Each Design-Build subcontractor is required to prepare design documents for permitting, coordination, and review, and is responsible to apply for, pay for, and secure all required permits for their work prior to commencing their work. Identify your proposed Design-Build subcontractor team for the project’s major Design- Build disciplines (Mechanical, Electrical, Plumbing, and Fire
Protection).
General Conditions: Identify your firm’s proposed General Conditions. List items included and the maximum General Conditions amount.
Fee: Identify your fee, as a fixed percentage of construction costs.
Change Orders: Discuss your firm’s philosophy and process for handling change orders and identify the markup for change orders.
Preliminary Construction Schedule: Prepare a simple critical path construction schedule showing anticipated major milestones, including substantial completion and owner occupancy dates.
If your firm is selected for a follow-up interview, please be prepared to discuss in greater detail your firm’s anticipated approach to this specific project.
Criteria for Selection:
Selection will be based on the firm best fulfilling the criteria listed above, the Selection Team's judgment of the firm's ability to deliver a high value project, the firm's history of client satisfaction, ease of working relationships, and commitment to help the owner successfully complete this project. See Exhibit D.
Exhibit A
PREVAILING WAGE RATES (BOLI REQUIREMENTS)
COMPLIANCE
The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates, as outlined in Sections C.1, C.2 and G.2.3 of the General Conditions.
Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839- 025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the
Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.
Per Marion County Adopted Acquisition and Infrastructure Manual the Davis Bacon and Related Acts (DBRA) requires all Contractors and Subcontractors performing work on Federal construction contracts or federally assisted contracts in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Secretary of Labor for inclusion in covered contracts.
Federal Davis-Bacon Prevailing Wage Rate requirements apply to your project if you are proposing a federally-funded project that will involve construction or rehabilitation of a public, installation of public improvements to support affordable housing, or rehabilitation of multifamily housing containing eight or more assisted units. If it is determined that your project must comply with the Davis Bacon Act Prevailing Wage Laws, the following will apply:
The prevailing wage rate requirements that may apply to the project are set forth in ORS 279C.800 through
279C.870, the administrative rules promulgated thereunder (OAR Chapter 839, Division 25) and Oregon Laws
2021, chapter 678, section 17 (collectively, state “PWR”), or, if applicable, 40 U.S.C. 3141 et seq. (Federal “Davis-
Bacon Act”). If applicable, Subrecipient shall:
Comply with Prevailing Wage Rate, require its Contractors and Subcontractors to pay the applicable Prevailing
Wage Rate or Davis-Bacon Act rates, as applicable, and to comply with all other Oregon Bureau of Labor and
Industries (“BOLI”) requirements pursuant to the Prevailing Wage Rate, including on all contracts and subcontracts and in filing separate Public Works Bonds with the Construction Contractors Board;
Pay to BOLI, within the required timeframe and in the appropriate amount, the project fee required by OAR 839-
025-0200 to 839-025-0230, including any additional fee that may be owed upon completion of the project; and
Unless exempt under Section 17(2) of Oregon Laws 2021, chapter 678, if Subrecipient is a “Public Body” and the project is a “Qualified Project,” as those terms are defined in Section 17(3) of Oregon Laws 2021, chapter 678, Subrecipient shall require each Contactor in a contract with an estimated cost of $200,000 or greater to:
Enter into a Project Labor Agreement that, at a minimum, provides for payment of wages at or above the Prevailing
Wage Rate.
Employ apprentices to perform 15 percent (15%) of the work hours that workers in apprentice able occupations perform under the contract, in a manner consistent with the apprentices’ respective apprenticeship training programs.
Establish and execute a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work under the contract, with the aspirational target of having at least 15 percent (15%) of total work hours performed by individuals in one or more of those groups; and Require any Subcontractor engaged by the Contractor to abide by the requirements set forth in subparagraphs (i),
(ii) and (iii) above, if the work to be performed under the Subcontract has an estimated cost of $200,000 or greater.
Subrecipient represents and warrants that it is not on the BOLI current List of Contractors Ineligible to Receive
Public Works Contracts and that it will not contract with any contractor on this list.
Pursuant to ORS 279C.817, Subrecipient may request that the Commissioner of BOLI make a determination about whether the project is a public works on which payment of the Prevailing Wage Rate is required under ORS
279C.840.
BOLI
This RFP and the resulting Contract are subject to the following Bureau of Labor and Industries (BOLI) wage requirements and the prevailing wages rates set forth in the following booklet, as amended, which is incorporated herein by reference with the same force and effect as though fully set forth herein, and is available at the following web link:
These BOLI wage rates are available online at: http://egov.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml
Because the project involves federal funds, this RFP and the resulting Contract are subject to federal Davis-Bacon
Act requirements in addition to BOLI requirements. The Contractor shall pay the higher of the BOLI wage rates and fringe benefits, as identified in the above BOLI wage rate booklet, or the federal wage rates and fringe benefits listed in the publication “General Wage Determinations Issued Under the Davis-Bacon and Related Acts” that is last published prior to the Bid Closing date set forth in this RFP. Bidders may obtain the applicable federal rates through the following U.S. Department of Labor link: http://www.wdol.gov. Bidders are advised that federal Davis-
Bacon rates may be amended at any time prior to Bid Closing and that contractors remain responsible for meeting federal Davis-Bacon Act requirements and State of Oregon prevailing wage rate requirements.
http://egov.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml http://www.wdol.gov/
Exhibit B
APPENDIX II TO PART 200-CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian County Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.
Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "Federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive
Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report a11 suspected or reported violations to the Federal awarding agency
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
See §200.322 Domestic preference for procurements.
Audit Requirements of 2 CFR §200.SXX (Subpart F)
Subrecipient must comply, and require any subcontractor to comply, with applicable audit requirements and responsibilities set forth in this Agreement and applicable state or Federal law.
If Subrecipient expends Federal awards in excess of$750,000 in a fiscal year, Subrecipient is subject to audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Copies of all audits must be submitted to the County within 30 days of completion.
Subrecipient must save, protect and hold harmless the County from the cost of any audits or special investigations performed by the Secretary of State with respect to the funds expended under this Agreement. Subrecipient acknowledges and agrees that any audit costs incurred by Subrecipient as a result of allegations of fraud, waste or abuse are ineligible for reimbursement under this or any other agreement between Subrecipient and the County.
System for Award Management. Subrecipient must comply with applicable requirements regarding the System for
Award Management (SAM), currently accessible at https://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining current information in SAM. Subrecipient must also comply with applicable restrictions on subawards ("subgrants") to first tier subcontractors (first-tier
"Subcontractors"), including restrictions on subawards to entities that do not acquire and provide (to the County) the unique entity identifier required for SAM registration.
Whistleblower Protection Act. Subrecipient must comply and ensure the compliance by subcontractors, with
41U.S.C. 4712, Program for Enhancement of Employee Whistleblower Protection. Subrecipient must inform subcontractors, contractors and employees, in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC§ 4712.
See§ 200.216 Prohibition of certain telecommunications and video surveillance services or equipment.
(0) See § 200.323 Procurement of recovered materials.
Recordkeeping Requirements. Subrecipient must maintain records and financial documents for five years after all funds have been expended or returned to the County. The County may request transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats. Subrecipient must agree to provide or make available such records to the County upon request, and to the Government Accountability Office ("GAO"), U.S. Treasury's Office of lnspector General
("OIG"), and their authorized representative in order to conduct audits or other investigations.
Civil Rights Compliance. Recipients of Federal financial assistance from the U.S. Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the U.S. Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Subrecipient's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of
1973 (Section 504), Public Law 93- 112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the
Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Subrecipient's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Subrecipient implementing regulations at 31 CFR part 23.
In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, U.S. Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. U.S. Treasury's implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted
Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406).
U.S. Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. This collection does not apply to Tribal governments.
Real Property, Equipment and Other Capital Expenditures. County shall, and shall cause its Subrecipients to, maintain policies and procedures for the management of property and equipment that comply with all requirements of the applicable Uniform Guidance at 2 CFR Part 200, Subpart D, 2 CFR Part 200.310-200.316 and 200.439, and http://www.sam.gov/ specific requirements of the source of funds. These regulations shall apply to all real property, equipment, and other capital expenditures purchased with the Federal funding.
The use of lead-based paint on any interior or exterior surface is prohibited. For properties constructed prior to
1978, the construction work performed under this contract is subject to the Lead-Based Paint Regulations adopted by the Department of Housing and Urban Development (24 CFR Part 35) and by the State of Oregon (OAR
333.069). Section 3 of the Housing and Community Development Act (Applicable to contracts/subcontracts of
$100,000 or more when the recipient received a total of $200,000 or more in Federal funding.) In hiring or soliciting businesses for goods, services or other types of work, consideration must be given to local residents and firms. The work to be performed under this contract is a project assisted under a program providing direct Federal financial assistance from the U.S. Department of Housing and Urban Development and is subjected to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC l 70(1)(u). Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income persons residing in the project's County, and contracts for work in connection with the project be awarded to eligible business concerns which are located, or owned in substantial part by persons residing, in the project County.
Projects funded with HOME must meet HUD Section 8 Housing Quality Standards (24 CFR 982.401) upon completion of the assisted project. Examples of repairs that would need to be addressed include inadequate plumbing, heating, or electrical systems or failing structural components. Recipients of Federal funds shall be responsible for an initial determination, with the review and approval of the Community Development Division staff, of the scope of work to be performed at the project site. An initial HQS inspection is recommended to determine deficiencies that will need to be included in the scope of work. At a minimum, the scope of work to be performed on a property must correct any HQS deficiencies upon project completion. The project contractor(s) are required to adhere to all applicable building codes and either the owner or the contractor(s) shall obtain all required building permits. Where permits are required, documentation that all work has passed final inspections must be provided prior to final payment to the contractor(s).
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR
49577, Aug. 13,2020]
EXHIBIT C
PUBLIC IMPROVEMENT AGREEMENT FORM
COPIES OF THIS PUBLIC IMPROVEMENT AGREEMENT FORM WILL BE SENT TO THE INTENDED
AWARDEE (CONTRACTOR) BY UNION GOSPEL MISSION OF SALEM AT THE TIME OF THE OWNER'S
INTENT TO AWARD NOTICE. THE BLANKS IN THIS SAMPLE WILL BE FILLED IN BY THE COUNTY.
THE INTENDED AWARDEE WILL THEN COMPLETE AND SIGN THE AGREEMENT. AFTER ALL
REQUIREMENTS ARE MET, THE OWNER WILL THEN SIGN THE PUBLIC IMPROVEMENT
AGREEMENT FORM AND SEND AN ORIGINAL, SIGNED FULLY EXECUTED PUBLIC IMPROVEMENT
AGREEMENT FORM TO THE CONTRACTOR ALONG WITH THE NOTICE TO PROCEED].
PUBLIC IMPROVEMENT AGREEMENT
Simonka Place Expansion and Renovation
This Agreement for the (Insert Project Name) (the "Agreement"), made by and between Union Gospel Mission, hereinafter called Owner, and (Insert Contractor’s Name) hereinafter called the Contractor (collectively the
“Parties”), is effective on the date this Agreement has been signed by all the Parties and all required approvals have been obtained. Unless otherwise defined in the Invitation to Bid or in this Agreement, the capitalized terms used herein are defined in Section A.1 of the Marion County General Conditions for Public Improvement Contracts.
WITNESSETH:
Contract Price, Contract Documents and Work.
The Contractor, in consideration of the sum of (Insert Price) (the “Contract Price”), to be paid to the Contractor by
Owner in the manner and at the time hereinafter provided, and subject to the terms and conditions provided for in the Invitation to Bid, this Public Improvement Agreement, Marion County General Conditions for Public
Improvement Contracts and other Contract Documents, all of which are incorporated herein by reference, hereby agrees to perform all Work described and reasonably inferred from the Contract Documents.
The Contract Price includes the following items: (Insert Items refer to Bid Form)
Representatives.
Unless otherwise specified in the Contract Documents, the Owner designates (Insert Name), as its Authorized
Representative in the administration of this Contract. The above-named individual shall be the initial point of contact for matters related to performance, payment, authorization, and to carry out the responsibilities of the
Owner. Contractor has named (Insert Name) its Authorized Representative to act on its behalf.
Contract Dates
PROJECT START DATE: April 2025 SUBSTANTIAL COMPLETION: Oct 2025 FINAL COMPLETION:
December 31, 2025
Liquidated Damages [Or Reserved. Consult Legal for each contract]
Failure to complete the project known as [Insert Project Name] by the specified time will result in damage to Marion
County. Since actual damage will be difficult to determine, it is agreed that the Contractor shall pay to Marion
County, not as a penalty but as liquidated damages, [$ XXX.XX insert applicable amount] per calendar day for each day elapsed in excess of the Substantial Completion date stated in Section 3 of this Agreement.
Integration
THE CONTRACT DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO
WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND
EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE
AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO OTHER UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING
THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED
REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS CONTRACT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Authority to Execute
Contractor covenants, represents, and warrants to Owner that the person(s) executing this Contract on behalf of the
Contractor have the actual authority to bind the Contractor to the terms of the Agreement.
In witness whereof, Marion County, a political subdivision of the state of Oregon, on behalf of Board of
Commissioners, executes this Agreement and the Contractor does execute the same as of the day and year of this
Agreement first above written.
CONTRACTOR
CONTRACTOR NAME _
CONTRACTOR ADDRESS
CONTRACTOR ADDRESS
CONTRACTOR'S CCB # Expiration Date:
CONTRACTOR’S SIGNATURE:
Date
Exhibit D
UGM Simonka 2025 Remodel
Contractor Qualification Interview and Evaluation Form
Contractor Name:
Date of Interview:
Evaluator(s):
Criteria 1: Past Performance/Qualifications
Description: Evaluate the contractor's experience in successfully completing projects of similar scope and complexity. Consider the firm’s track record in delivering projects on time and within budget, as well as their ability to collaborate effectively with clients and stakeholders.
• Does the contractor provide a strong portfolio of completed projects similar to this one?
• How well do these projects demonstrate the firm’s capabilities, expertise, and ability to collaborate effectively?
• Were the projects completed on time, within budget, and to the satisfaction of previous clients?
Rating: / 10
Rating Scale (1-10):
1 = Poor, 10 = Excellent
Criteria 2: Proposed Team
Description: Assess the qualifications and experience of key project personnel, such as the Project
Manager, Estimator, and Field Superintendent. Evaluate their ability to successfully manage and execute the project, based on their resumes and past project experience.
• Does the team have relevant experience in similar projects?
• Are the resumes of the proposed personnel well-aligned with the project’s needs?
• Do the proposed personnel demonstrate strong leadership and technical skills for their respective roles?
• Rating: / 10
Criteria 3: Budgeting and Cost Control
Description: Evaluate the firm's approach to budgeting, cost forecasting, and overall cost control.
Consider the tools and strategies they use to develop and manage realistic budgets throughout the project lifecycle.
• Does the firm have a clear and effective method for budgeting and cost control?
• How does the firm manage cost fluctuations and ensure projects stay on budget?
• What tools and systems does the firm use to track costs and provide updates?
Rating: / 10
Criteria 4: Special Qualifications
Description: Assess the unique or extraordinary qualifications that the firm brings to the project.
Consider how these qualifications could add value to the project, including innovative approaches, unique capabilities, or specialized expertise.
• What unique strengths does the firm offer for this specific project?
• How could these qualifications improve project outcomes, such as cost savings, efficiency, or quality?
• Does the firm demonstrate innovative thinking or special expertise relevant to the project?
Criteria 5: Gifts In Kind and Volunteer Labor
Description: Assess the contractor’s approach to incorporating in-kind donations and volunteer labor. Evaluate how the contractor can help identify and secure gifts-in-kind and any past successes in this area with non-profit clients.
• Does the firm have experience incorporating in-kind donations and volunteer labor into their projects?
• How effective is the firm in helping non-profit clients secure gifts-in-kind?
• What is the firm’s philosophy regarding the inclusion of these resources
Criteria 6: Dispute Resolution
Description: Evaluate the firm’s relatively recent history with claims, litigation, and their approach to dispute resolution. Consider whether the firm’s processes are proactive, fair, and efficient.
• Does the firm have a history of resolving disputes without resorting to litigation?
• How effective and transparent is the firm’s dispute resolution process?
• Are there specific examples of resolving disputes successfully with clients or subcontractors?
Criteria 7: Design-Build Team
Description: Evaluate the contractor’s proposed Design-Build subcontractor team for major disciplines (Mechanical, Electrical, Plumbing, Fire Protection). Assess their qualifications, experience, and their ability to handle the design and permitting requirements.
• Does the firm have strong, qualified subcontractors for key design-build disciplines?
• Are the subcontractors experienced in preparing design documents for permitting and coordinating these systems?
• Does the firm have a clear process for managing and integrating these disciplines?
Criteria 8: General Conditions
Description: Evaluate the contractor’s proposed General Conditions, including the listed items and the maximum amount proposed. Assess the reasonableness and completeness of the General
Conditions.
• Are the General Conditions well-defined and reasonable for the scope of the project?
• Does the firm provide clear explanations of the items included in the General
Conditions?
• Are the proposed costs for General Conditions within industry standards?
Criteria 9: Fee
Description: Assess the contractor’s fee proposal as a fixed percentage of construction costs.
Consider whether the fee is competitive, fair, and aligned with the project’s scope and complexity.
• Is the fee proposal reasonable relative to the scope and complexity of the project?
• Does the firm offer a competitive rate?
• Are there any additional costs or potential hidden fees that should be considered?
Criteria 10: Change Orders
Description: Evaluate the firm’s philosophy and process for handling change orders. Assess how well the firm communicates and manages changes during the project.
• Does the firm have a clear, transparent process for handling change orders?
• How proactive is the firm in identifying and managing changes during the project?
• Does the firm charge a fair and clear markup for change orders?
Criteria 11: Preliminary Construction Schedule
Description: Review the contractor’s preliminary construction schedule, including major milestones, substantial completion, and owner occupancy dates. Consider whether the schedule is realistic and well thought out.
• Does the schedule outline all major milestones and key project phases?
• Is the proposed timeline realistic, considering the project scope and complexity?
• Does the firm account for potential delays and manage risk in the schedule?
Criteria 12: Firm’s Ability to Deliver a High-Value Project
Description: Assess the contractor’s ability to deliver a project that maximizes value for the client.
This includes cost-efficiency, quality, and meeting the client’s goals and expectations.
• Does the firm demonstrate a clear focus on delivering value to the client?
• How well does the firm balance cost, quality, and timelines to maximize the project’s value?
• Does the firm have strategies in place to ensure high performance and client satisfaction?
Criteria 13: Firm’s History of Client Satisfaction
Description: Evaluate the contractor’s history of client satisfaction, including references, testimonials, and past client feedback.
• Does the firm have strong references and positive feedback from past clients?
• What is the firm’s track record for exceeding client expectations?
• Does the firm address client concerns promptly and professionally?
Criteria 14: Firm’s Ease of Working Relationships
Description: Assess the ease with which the contractor collaborates and communicates with clients and project stakeholders.
• Does the firm demonstrate effective communication and collaboration skills?
• Are the firm’s staff approachable and responsive to client needs?
• How well does the firm work as part of a team with other contractors, architects, and stakeholders?
Criteria 15: Firm’s Commitment to Project Success
Description: Evaluate the contractor’s perceived commitment to the successful completion of the project. Consider how the firm demonstrates dedication to project goals, client success, and overall quality.
• Does the firm demonstrate a strong commitment to the success of the project?
• How dedicated is the firm to achieving client goals and exceeding expectations?
• Does the firm offer proactive solutions to challenges during the project?
• What are some challenges the contractor expects to see in this specific…
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