RFP_WFC2402_CMGC Procurement_Final for Issuance 12-6-24.pdf

REQUEST FOR PROPOSALS (RFP)

City of Medford Regional Water Reclamation Facility (RWRF) Upgrade Project

Construction Manager/General Contractor (CM/GC) RFP No. WFC2402-CMGC

Issued: December 6, 2024Ju

Proposals Due: January 22, 2025 At 4:00 PM PST

REQUEST FOR PROPOSALS RFP WFC2402-CMGC

Table of Contents

SECTION 1 – GENERAL INFORMATION

1.1 ANNOUNCEMENT

1.2 COMPLIANCE WITH RULES

1.3 CONTACTS

1.4 PROPOSAL DUE DATE

1.5 PROPOSAL WITHDRAWAL

1.6 PRE-PROPOSAL CONFERENCE

1.7 SOLICITATION PROTEST

1.8 ADDENDA

1.9 REJECTION OF PROPOSALS

1.10 IRREGULARITIES

1.11 INCURRED COST

1.12 OWNERSHIP OF DOCUMENTS

1.13 CONFIDENTIALITY OF INFORMATION

1.14 PUBLIC RECORD

1.15 EQUAL OPPORTUNITY POLICY FOR CONTRACTORS

1.16 CITY BUSINESS LICENSE

1.17 OBLIGATIONS TO KEEP KEY PERSONNEL INTACT

SECTION 2 – PROPOSAL TIMELINE

2.1 TIMELINE

Table 1. Procurement Timeline

SECTION 3 – PROCUREMENT PROCESS

3.1 PROPOSAL EVALUATION CRITERIA AND SCORING

3.2 INTERVIEWS

3.3 CLARIFICATIONS

3.4 AGREEMENT

SECTION 4 – PROJECT BACKGROUND

4.1 BACKGROUND

4.2 PROPOSED IMPROVEMENTS

Table 2. Phase 1 Project Improvements

4.3 SCOPE OF WORK

4.4 PROJECT BUDGET AND FUNDING

4.5 PROJECT SCHEDULE

Table 3. Regulatory Compliance Schedule

SECTION 5 – SPECIFIC SUBMITTAL REQUIREMENTS

5.1 SUBMISSION FORMAT AND CONTENT

5.2 SUBMITTAL REQUIREMENTS

SECTION 6 – PROPOSAL EVALUATION AND SELECTION CRITERIA

6.1 PROPOSAL RESPONSIVENESS

6.2 PROPOSAL SCORED CRITERIA

SECTION 7 - EXHIBITS

EXHIBIT A: Excerpt from Permit Compliance Schedule and Permit Fact Sheet

EXHIBIT B: PROPOSERS/BIDDERS CERTIFICATION

EXHIBIT C: CONTRACTOR CERTIFICATION OF TAX COMPLIANCE

EXHIBIT D: BIDSYNC AND CITY WEBSITE LINKS

EXHIBIT E: OREGON PAY EQUITY TRAINING REQUIREMENTS

EXHIBIT F: COST PROPOSAL FORMS

EXHIBIT G: DRAFT CM/GC AGREEMENT

SECTION 1 – GENERAL INFORMATION

1.1 ANNOUNCEMENT

The City of Medford (“City”) is soliciting Proposals as part of the selection of a Construction Manager/General Contractor (“CM/GC Contractor” or “Contractor”) for Preconstruction Services and potential Construction Services for the Regional Water Reclamation Facility (“RWRF”) Upgrade Project (“Project”). The selected Contractor will be part of the Integrated Project Team (“IPT) comprised of the City, the Design Engineer, the Owner’s Advisor (“OA”) and the Contractor. This Request for Proposals (RFP) invites Proposals to be submitted by Shortlisted Respondents according to the requirements set forth in this RFP including the format and content guidelines described herein. Pursuant to ORS 279C.337 (Procurement of CM/GC Services), the City intends to award a contract for CM/GC services utilizing a two-step, best-value competitive process to select the most qualified Contractor. This RFP represents the second step of the procurement process and will result in selection of the preferred Contractor. The City will conduct the procurement in accordance with model rules the Attorney General adopts under ORS 279A.065 (Model rules generally). The Respondents identified as a Shortlisted Respondent are listed in alphabetical order:

• Slayden-MWH

• Sundt

The City reserves the right to reject all Proposals not in compliance with all prescribed public bidding procedures and requirements and may reject, for good cause, all Proposals upon the finding that it is in the public interest to do so. The City reserves the right to waive all informalities if it is deemed in the best interest of the public.

The City of Medford requires all Shortlisted Respondents to comply with equal opportunity policies. The City of Medford’s programs, services, employment opportunities, and volunteer positions and contracts are open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation. A copy of the City’s policy is available upon request.

1.2 COMPLIANCE WITH RULES

Respondents responding to this RFP must follow the procedures and requirements stated within this RFP. Adherence to these procedures and requirements will ensure a fair and objective analysis of the Proposals submitted. Failure to comply with or complete any part of this RFP may result in rejection of the submitted Proposal.

1.3 CONTACTS

For questions or additional information regarding this RFP please contact John Vial, Public Works Director in writing via email at John.Vial@cityofmedford.org. Written requests for information can also be sent to the Medford Regional Water Reclamation Facility, Attn: John Vial, 1100 Kirtland Rd., Central Point, OR 97502. All telephonic, letters, emails, or other personal communications regarding this solicitation with members of the Selection Committee, City of Medford Staff or consultants or agents of the City during the selection process will not be responded to directly. If needed, the City will issue an Addendum / Response to questions, requests for information, and inquiries no later than seven (7) days prior to the Proposal Due Date indicated in Section 2.1 Timeline.

mailto:John.Vial@cityofmedford.org

For questions or additional information regarding selection, protests, and award of contract, please contact John Vial, Public Works Director in writing via email at John.Vial@cityofmedford.org.

*Except as provided above, please do not attempt to contact any of the Selection Committee members or Medford Public Works staff during the selection process about this RFP. Such contact may disqualify your Proposal.

1.4 PROPOSAL DUE DATE

All Proposals must be received no later than the Proposal Due Date indicated in Section 2.1 Timeline.

1.5 PROPOSAL WITHDRAWAL

A Proposal may be withdrawn at any time before the Proposal Due Date, by providing a written request for the withdrawal of the Proposal to the issuing office. A duly authorized representative of the Shortlisted Respondent shall execute the request. Withdrawal of a Proposal will not prejudice the right of the Shortlisted Respondent to submit a new Proposal.

1.6 PRE-PROPOSAL CONFERENCE

No Pre-Proposal conference will be held for this CM/GC solicitation.

1.7 SOLICITATION PROTEST

A person may protest or request a change of a solicitation provision, evaluation criteria, scope of work, specification, or contract term no later than fourteen (14) calendar days prior to the Proposal Due Date. No protest of the selected Contractor because of a solicitation provision, evaluation criteria, scope of work, specification or contract term contained in this RFP will be considered after such time. The protest or request for change must include the reason for such and any proposed change. The City will consider the protestor request for change and may reject the protest or request for change, issue an addendum or cancel the RFP. The protest must be labeled with the RFP name and number and submitted to the Purchasing Office at the following address:

Purchasing City of Medford

411 West 8th Street, Room 380 Medford, OR 97501

1.8 ADDENDA

Any clarifications or revisions will be addressed and issued in addenda; City must receive requests for changes and clarifications in writing per timeline schedule in Section 2.1. Only written addenda issued by the City for this RFP will be binding upon the City. Addenda may be obtained at the location described in RFP EXHIBIT D: BIDSYNC AND CITY WEBSITE LINKS and will also be emailed to the Shortlisted Respondents (refer to Section 1.3).

1.9 REJECTION OF PROPOSALS

The City may reject any Proposal not in compliance with all prescribed procedures and requirements and may reject for good cause any or all Proposals upon a finding of the City that it is in the public interest to do so.

mailto:John.Vial@cityofmedford.org

1.10 IRREGULARITIES

The City reserves the right to waive any non-material irregularities or information in the RFP or in any Proposal.

1.11 INCURRED COST

The City is not liable for any costs incurred by a Shortlisted Respondent in the preparation and/or presentation of a Proposal.

1.12 OWNERSHIP OF DOCUMENTS

Any material submitted by a Shortlisted Respondent will become the property of the City. Materials submitted after a contract is signed will be subject to the ownership provision of the contract executed.

1.13 CONFIDENTIALITY OF INFORMATION

All information and data furnished to the Shortlisted Respondent by the City and all other documents to which the Shortlisted Respondent’s employees have access during the preparation and submittal of the Proposal will be treated as confidential to the City. Any oral or written disclosure to unauthorized individuals is prohibited.

1.14 PUBLIC RECORD

All Proposals and information submitted by Shortlisted Respondents are considered a public record. Proposals that contain information that meets the definition of trade secrets or otherwise can be considered a public record exempt from disclosure under Oregon’s Public Records Law must be clearly identified and kept separate (or marked as confidential) by the Shortlisted Respondent.

All Proposals and information submitted by Shortlisted Respondents considered as public records will be available for viewing after the evaluation process is complete.

1.15 EQUAL OPPORTUNITY POLICY FOR CONTRACTORS

The City of Medford requires all Shortlisted Respondents to comply with equal opportunity policies. The City of Medford’s programs, services, employment opportunities, and volunteer positions and contracts are open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation. A copy of the City’s policy is available upon request.

1.16 CITY BUSINESS LICENSE

This work will be completed for the City of Medford RWRF which is located outside Medford City limits in Jackson County. A City business license is not required to perform this work.

1.17 OBLIGATIONS TO KEEP KEY PERSONNEL INTACT

Shortlisted Respondents are advised that all firms and Key Personnel identified in the SOQ shall remain on the Project Team for the duration of the procurement process and through completion of the Project. If extraordinary circumstances require a change, it must be submitted in writing to the City Contact, who, at his or her sole discretion, will determine whether to authorize a change, recognizing that certain circumstances (such as termination of employment) may occur that are beyond the Contractor’s control. Unauthorized changes to the Key Personnel at any time during the procurement process may result in elimination of the Shortlisted Respondent from further consideration.

END OF SECTION ONE

SECTION 2 – PROPOSAL TIMELINE

2.1 TIMELINE

Note that this timeline summarized in Table 1 is subject to change.

Table 1. Procurement Timeline

PROCUREMENT ACTIVITY TENTATIVE DATE

Informational Open House September 19, 2024 (Complete) RFQ Issuance October 14, 2024 (Complete) Deadline for Questions October 29, 2024 (Complete) Last RFQ Addendum Issued November 5, 2024 (Complete) SOQ Submission Date November 12, 2024 at 4:00 PM (Pacific Standard Time) (Complete) Interviews (if requested) Week of November 18, 2024 (Complete) Shortlist Selection December 2, 2024 (Complete) RFP Issuance December 6, 2024 Draft CM/GC Agreement Comments Deadline December 20, 2024 Draft CM/GC Agreement Discussions (if needed)

January 9 – 10, 2025

Last RFP and CM/GC Agreement Addendum Issued

January 15, 2025

Proposals Due January 22, 2025 at 4:00 PM (Pacific Standard Time) Interviews Week of February 10, 2025 Negotiations February 2025 Contract Award / Notice to Proceed March, 2025

Upon request from a Shortlisted Respondent, the City will be available to meet with any Shortlisted Respondent that the City does not select as the Contractor after the Notice of Contract Award.

END OF SECTION TWO

SECTION 3 – PROCUREMENT PROCESS

3.1 PROPOSAL EVALUATION CRITERIA AND SCORING

The second step in the CM/GC procurement process, the RFP and Proposal period, is designed to allow Shortlisted Respondents to showcase innovative approaches, project risk reduction measures, and efficient execution methodologies. The Respondent’s approach to pricing, including Contractor fee structure, which will become part of the contract, is also requested as part of the Proposal.

The Selection Committee will evaluate the proposals to determine the Shortlisted Respondent best qualified to perform the services for the City and is responsive to the RFP criteria (See Section 6.2). Proposals will be reviewed and evaluated utilizing the scoring matrix and merit-based system described herein. The Selection Committee will then ultimately submit a recommendation for action to City Council based on scores and values assessed by the committee. The City reserves the right to award multiple contracts for this work.

3.2 INTERVIEWS

The Shortlisted Respondents will be required to participate in in-person interviews at Medford City Hall (411 West 8th Street, Medford, OR) during the proposal period (see Section 2 for Proposal Timeline). All Shortlisted Respondents will be contacted regarding scheduling time and location of the interview(s). The information obtained during the interview will be used by the Selection Committee to inform the assignment of scores for the criteria described in Section 6.

The interview is expected to consist of a presentation by the Shortlisted Respondent and a question-and-answer session with the City’s selection committee. The City will provide Shortlisted Respondents with a list of questions to respond to in the interview as part of Shortlisted Respondent’s presentation. The Principal in Charge, Project Manager, Preconstruction Manager, Construction Manager, Superintendent, and Cost Estimating Lead shall attend. Exceptions will be considered by the City on a case-by-case basis. The City’s interview attendees are anticipated to include the Selection Committee members along with representatives from the OA and Design Engineer.

The specific interview format will be provided to Shortlisted Respondents with the prepared questions. However, it is anticipated to be as follows:

• Presentation with introductions by Shortlisted Respondent (not to exceed 45 minutes)

• Selection Committee questions (45 minutes)

The presentation by Shortlisted Respondent shall include a response to the questions provided by City prior to the interview and any additional information that the Shortlisted Respondent determines as important to communicate the benefits of its Project Team members, the qualifications of Key Personnel, applicable project experience, and approach to executing the Project.

3.3 CLARIFICATIONS

The City reserves the right to seek clarification of each Proposal submitted. The City also reserves the right to require other evidence of technical, managerial, financial, or other abilities prior to shortlisting.

3.4 AGREEMENT

A draft copy of the contract (“CM/GC Agreement”) that the City expects the successful Shortlisted Respondent to execute is included in EXHIBIT G (DRAFT CM/GC AGREEMENT) within Section 7 of this RFP. The basis for the CM/GC Agreement is the Engineers Joint Documents Committee Design and Construction (EJCDC). Each Shortlisted Respondent shall review the draft CM/GC Agreement and may provide the City with specific comments in tabular form (i.e., table of each comment that identifies draft CM/GC Agreement article and/or section, description of comment/issue, proposed modified language, and level of issue important to Shortlisted Respondent) as provided in this section and submitted to the City Contact by the Draft CM/GC Agreement Comments Deadline (see Section 2.1). The Shortlisted Respondent shall specifically identify any provisions that would prevent it from submitting a Proposal and/or executing the Agreement if selected as the Contractor. The City will review all questions, comments, and edits timely received, and, in its sole discretion, may choose to modify the draft CM/GC Agreement through an addendum providing a revised form of the contract. The City may elect to meet virtually with any Shortlisted Respondent to discuss comment/edits from Respondents on the draft CM/GC Agreement.

Proposers are on notice that the CM/GC Agreement, as modified by addendum, will be the basis for the contract between the City and the selected Shortlisted Respondent. Proposals shall be submitted without reservations, qualifications, conditions or assumptions. The City may, in its sole discretion, reject as nonresponsive any Proposal that assumes or requires changes to the CM/GC Agreement.

The Scope of Preconstruction Services and Preconstruction Services Compensation will be negotiated with the highest ranked Shortlisted Respondent selected as the Contractor. If agreement on Scope of Preconstruction Services and Preconstruction Services Compensation are not reached, negotiations will be terminated. Negotiations will then begin with the Selection Committee’s second choice for the Contractor. When an agreement of the Scope of Preconstruction Services and Preconstruction Services Compensation is reached, the CM/GC Agreement will be executed upon City Council approval.

END OF SECTION THREE

SECTION 4 – PROJECT BACKGROUND

4.1 BACKGROUND

Located in Jackson County, Oregon, the RWRF was first upgraded in 1970 to provide sewage treatment for the City of Medford and the surrounding communities. Significant expansions of the treatment plant have been required since 1980. These phased expansions included primary and secondary sedimentation expansion, as well as upgrades to influent screening and aeration basin capacity. Current capacity is 20 MGD dry weather flow and 100 MGD wet weather flow.

In compliance with the permit, the City prepared and submitted a Facility Plan to the Department of Environmental Quality (DEQ) on August 20, 2023. A comprehensive evaluation of treatment alternatives was included during this process and the City selected the recommended project that best meets the needs of compliance and impact to surrounding communities. DEQ provided approval of the submitted facility plan on August 06, 2024. During preparation of the facility plan the City selected a preferred treatment alternative to achieve final effluent limitations, which was the basis of the Preliminary Design Report (PDR). The PDR was submitted to DEQ in August of 2024 and comments for revision are anticipated within the coming months.

4.2 PROPOSED IMPROVEMENTS

The PDR defines all planned RWRF improvements. The improvements are segregated into two phases, the first of which is to be completed in this project and are shown in Table 2 below.

The PDR also includes ancillary information associated with the improvements to be constructed in this project, including the following:

• Treatment requirements

• Condition-related improvements

• Ancillary facilities

• Layout of proposed projects

• Estimated construction cost

• Implementation issues / challenges

The PDR and appendices and draft preliminary memorandum of geotechnical information can be found on the City website with the RFP materials (note that geotechnical report may be provided via addendum). Additional information regarding proposed improvements can be found in the PDR.

Table 2. Phase 1 Project Improvements

PROCESS IMPROVEMENTS

Aerated Grit Removal Equipment

Replace existing cyclones and classifiers in-kind, assuming that existing power and control feeders can be re-used

Replace check valves on grit pump discharge piping

Primary Clarifiers

Replace existing progressive cavity primary sludge and scum pumps with new rotary lobe pumps

Replace all suction and discharge piping on sludge and scum pumps within existing gallery including check valves and isolation valves

Provide new power and control feeders to new pumps re-using existing conduits

Primary Effluent Piping & Flow Control

Remove existing butterfly valve and appurtenant piping on primary effluent piping between primary clarifiers & existing aeration basins

Primary effluent flow control structure on east end of existing primary clarifiers with electrically actuated weir gate and appurtenant piping

Replace propeller style flow meter on existing select treatment pipe Junction box to connect existing primary effluent piping to new primary effluent piping near the new BNR basins BNR primary effluent flow metering vault BNR primary effluent and RAS mixing box with mechanical mixing Piping between primary effluent junction box, flow metering vault, and RAS mixing box

Existing Aeration Basins

Replace diffusers, air piping, and air control valves Install new submersible mixers in Zones 1 and 4 Replace finger gates located on the south side of Zones 2 and 3 with self-contained slide gates with crank or handwheel style actuators New drain pump connected to existing drain piping

Existing Blower Building Demo existing multi-stage centrifugal blowers Two (2) new magnetic bearing turbo blowers

BNR Basins

Four (4) new aeration basins equipped with mixers, diffusers, air piping, internal mixed liquor return (IMLR) pumps, gates, and instrumentation required for dissolved oxygen (DO) aeration control and ammonia-based aeration control (ABAC).

New Blower Building

New building with a room to house the blowers for BNR basins and an electrical room to provide power to the BNR basin equipment and new blowers

Five (5) new magnetic bearing turbo blowers and appurtenant air piping and valving

Mixed Liquor Channel

Channels to convey mixed liquor from existing aeration basins and mixed liquor from new BNR basins to a mixing box

Mixing box to mix mixed liquor from both sets of aeration basins Channels to convey mixed liquor from mixing box to new and existing secondary clarifiers Air piping and coarse bubble diffusers in mixed liquor channel to provide mixing in channel

Secondary Clarifiers Three (3) 115 ft diameter circular clarifiers One (1) new 90 ft diameter circular clarifier Piping to convey secondary effluent to downstream processes

Secondary Effluent Conveyance

Secondary effluent flow distribution structure to distribute secondary effluent to denitrification filters or chlorine contact tank

Sodium hypochlorite dosing equipment in flow distribution structure Piping to convey secondary effluent from secondary clarifier to flow distribution structure and to denitrification filters

RAS Pumps & Piping

Four new RAS pumps (one dedicated to each clarifier) Modification of existing RAS pumps to reduce their speed RAS piping to connect new and existing RAS pumps to RAS mixing box RAS mixing box with RAS surface wasting features

RAS flow splitting structure RAS piping to convey RAS from flow splitting structure to existing aeration basins and new BNR basins

WAS Pump Station Improvement

One new WAS pump including electrical and control feeders WAS piping to connect WAS pumps to RAS header and to connect in new

WAS pump

Denitrification Filter

Filter feed pump station consisting of five vertical turbine pumps in concrete wet well

Four filter cells Clear well Mud well Backwash blowers Backwash pumps Mud well pumps Appurtenant piping and instrumentation

Denitrification Filter Electrical Building New building with room for backwash blowers and an electrical room

Tertiary Eff. Piping Piping to convey filtered effluent to chlorine contact tank

Disinfection New tank drain pump connected to existing piping Modification to chemical dosing controls

3W Improvements Additional pump and distribution piping including electrical and control for the new pump New piping to address low pressure issues

Chemical Facilities

New containment structures to house polymer, supplemental carbon, and 25% sodium hydroxide storage tanks

Canopy over containment structure Three new fill stations for delivery of each chemical New building to house polymer, supplemental carbon, and caustic metering pumps

Plant Drain Pump Station

Demo existing plant drain pumps from existing wet well and equipment gallery

New plant drain pump station assumed to consist of four pumps in a self-cleaning trench style wet well

New drain piping to connect new plant drain pump station to existing wet well

New power

Fats, Oils, and Grease Facility New FOG receiving facility which may include a truck fill station, rock trap, grinder, heat traced and insulated storage tank, mixing pump, digester feed pump, odor control, piping, electrical and controls.

Drying Beds New drying bed and modifications to existing beds including piping modifications

Electrical Improvements Replacement of existing MCC/control panels and new transformers, switchgear, generator, MCCs, PLCs, control panels, duct banks, and electrical chases

SCADA Replacement New SCADA hardware & software Fiber optic network improvements

Cogeneration System Modification to controls Admin. Building Replacement building Maint. Building Replacement building Existing Admin. Building Retrofits Demo and retrofit portions of existing shop, MCC, and boiler area

Storm Water Conveyance New stormwater conveyance piping, new stormwater pump station Plant Utilities New potable water service and plant drains

The PDR and geotechnical report for the City of Medford Regional Water Reclamation Facility can be viewed on BidSync and on the City of Medford website. See EXHIBIT D: BIDSYNC AND CITY WEBSITE LINKS for instructions and links. These project background documents are being made available to Respondents for the purpose of illustrating the scope and scale of the project based on its current definition. The City is providing these documents only for the purpose of informing Proposal development and does not confer a license or grant for any other use. Proposals should be based on information and documentation provided in this RFP and not on any information or statements made previously.

4.3 SCOPE OF WORK

In general, the Contractor will be responsible for providing construction expertise to inform the design, perform site investigations and constructability reviews to support risk management, develop cost estimates that will support scope definition, engage specialty subcontractors, and potentially perform early work (i.e., long-lead equipment procurement).

The intent is for the Contractor to construct the Project and because of the early involvement and influence it is expected that best value will be obtained, and significant changes and delays will be avoided.

The Contractor’s involvement in the Project is expected to commence in the 2nd quarter 2025 at or following the 30 percent design milestone. The Contractor will familiarize themselves with existing plant site and facilities and review the 30 percent design documents and provide its comments and suggestions to enhance the design to facilitate construction, reduce construction time and costs, ensure quality and safety, and generally provide a better value project for the City. The Contractor will provide its first construction cost and schedule estimates based on the 30 percent design and participate in value engineering or scope assessment meetings with the project team.

The Contractor will continue to be an actively involved member of the Integrated Project Team (“IPT”) through the 60, 90 and 100 percent design milestones. The Contractor will be expected to provide a detailed construction execution plan, updated schedule, and detailed estimate of costs following the 60 percent design submission. This information will be reviewed by the project team, discussions will be held, and a consensus will be reached regarding the execution, schedule and cost. The Contractor will then update this information following the 90 percent design submissions, and again discussions will be held, and consensus reached regarding the work.

More specifically, the Contractor will provide the following services during the two distinct phases:

Preconstruction Services: The Contractor will work collaboratively with the City and Design Engineer, as a member of the Project team, to review and provide input to significant aspects of the Project. The Preconstruction Services will be performed over an expected period of 2025-2026. Among the tasks the Contractor will perform during preconstruction are the following: develop recommendations regarding means and methods, safety and security; construction sequencing analysis and schedule development; cost-estimate development, cost-development tracking, and identification of saving measures; identification and participation in value engineering; subcontract planning; risk management; definition of operations and maintenance interface management; identification of early work packages;

and other tasks related to work constructability and avoidance/mitigation of project risks including performing necessary site investigations and condition assessments. The Contractor will provide necessary consulting expertise and experience to the City and its Design Engineer to assist in decision-making. Upon completion of Preconstruction Services, but no earlier than 90 percent completion of the design documents, the Contractor will prepare and submit a GMP Proposal, and City will enter into negotiations for the GMP. Upon agreement of the GMP, an amendment to the CM/GC contract will be executed establishing the GMP, and the Phase 2 Construction Services may commence.

Construction Services: When a GMP is agreed upon and a GMP Amendment is executed between the City and the Contractor, the Contractor will provide full general contracting services for construction of the Project in accordance with the requirements of the contract documents, except to the extent work is specifically indicated in the contract documents to be the responsibility of others. Construction Services will include soliciting bids for the subcontract bid packages, recognizing that the City and the Contractor may have previously agreed to permit early subcontract bidding for some subcontract bid packages. If for any reason the City and the Contractor do not enter into a GMP Amendment, Contractor will have no recourse whatsoever against the City for such failure to proceed to the Construction Services phase.

A detailed scope of services is included in the draft CM/GC Agreement in EXHIBIT G (DRAFT CM/GC AGREEMENT) within Section 7 of this RFP.

4.4 PROJECT BUDGET AND FUNDING

The Design Engineer’s current construction estimate is $240M which includes direct construction costs, construction indirect costs (fees, insurance premiums and bonds), contractor contingency, and taxes. This project is anticipated to be funded through a combination of low interest federal loans, revenue bonds, and/or cash to provide the capital funding needed for the Project.

The United States Environmental Protection Agency (EPA) has accepted the City of Medford’s application for a federal Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) funding to partially finance (49% funding supplied by WIFIA) the Project. The City and EPA have entered into negotiations for the loan agreement which is expected to close before March 30, 2025. To preserve the City’s eligibility for these federal funds, this solicitation is subject to Title 40 CFR Part 33, Participation By Disadvantaged Business Enterprises In EPA Programs. Pursuant to 40 CFR 33.301, a recipient is required to make good faith efforts related to Disadvantaged Business Enterprises (DBE) whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement. Respondents will be required to demonstrate they have taken the six Good Faith Efforts steps described in 40 CFR 33.301 Subpart C. The City is pursuing a waiver from the requirements of Build America, Buy America (BABA). Contractor compliance with other federal requirements including but not limited to Davis-Bacon Act and American Iron and Steel (AIS) is required.

4.5 PROJECT SCHEDULE

Table 3 summarizes the current regulatory compliance schedule. Additional information is provided in RFP Exhibit A (Excerpt from Permit Compliance Schedule and Permit Fact Sheet) with Section 7 of the RFP. The City has notified the Department of Environmental Quality (DEQ) that the compliance schedule requires adjustment, and is intending to negotiate with DEQ a revised compliance schedule.

Table 3. Regulatory Compliance Schedule

COMPLIANCE DATE ACTION REQUIRED

September 1, 2023 Facilities Plan (complete) September 1, 2024 Preliminary Design Report (complete) September 1, 2026 Detailed Design September 1, 2028 Construction Complete* September 1, 2029 Commissioning Complete September 1, 2030 Meet Compliance Targets

*City recognizes completion by the current compliance date is going to be a challenge. Through discussions with DEQ, the City anticipates obtaining an extension to this date through the issuance of a new NPDES permit.

END OF SECTION FOUR

SECTION 5 – SPECIFIC SUBMITTAL REQUIREMENTS

5.1 SUBMISSION FORMAT AND CONTENT

Respondents must submit a Proposal tailored specifically to work related to the Project. Proposals must be limited to sixteen (16) single-sided pages, organized as required in the sections below, and a minimum 10-point font for all text. A maximum of two 11x17 sheets are allowed, each counting as one page. The cover page, table of contents, tabs (if used), and the items specifically identified below to be included in the Proposal appendices will not be included in the page limit.

The Proposal must include the following content:

1. Cover Letter (1-page limit): The cover letter must include the name, address, phone number, and email address for the Shortlisted Respondent’s authorized representative and must specify who would be the Contractor’s signatory to any contract documents executed with the City. The transmittal letter may include other information deemed relevant by the Respondent. The letter must be signed by the authorized representative (see Section 1.5).

If the Respondent is a joint venture, the leader of the venture must be clearly identified, and the expected participation percentages of each party stated along with any previous history of working together within the past 15 years. Additionally, an authorized representative for each member of the joint venture must sign the letter, and specifically state that if the joint venture is selected as the Contractor, each member will be jointly and severally liable to the City for the obligations arising out of the contracts between the joint venture and the City. No subcontractors shall be included in the Respondent’s team and proposed at this time.

The cover letter must affirm compliance with the forms included in Proposal Appendix B (Forms for Affirmation of Compliance), based on the forms in Exhibit B (Proposers/Bidders Certification) and Exhibit C (Contractor Certification of Tax Compliance) within Section 7 of this RFP, and confirm receipt of all Addenda. A Proposal that does not include a cover letter meeting these requirements will be considered non-responsive in accordance with Section 6.1 Proposal Responsiveness.

2. PROPOSAL SECTION 1 – Project Team Qualifications and Experience Summary (5-page limit). Shortlisted

Respondent shall provide a narrative that includes:

• Confirmation that the statement of qualifications (SOQ) that was submitted in response to the RFQ is valid and incorporated by reference as part of the Proposal; any change in the Key Personnel included in the SOQ are subject to the provisions outlined in Section 1.17 (Obligation to Keep Project Team Intact), which requires City approval of such changes.

• A discussion of the Project Manager’s, Pre-Construction Manager’s and Construction Manager’s experience and qualifications, and how that experience and qualifications are applicable to each member’s role proposed for the Project.

• Preferably using specific project examples, description of the Project Manager’s experience with the integration and collaboration of Contractor personnel with the owner, owner’s advisor (if applicable) and the design engineer through both phases of a project.

• Preferably using specific project examples, provide discussion of the Shortlisted Respondent’s experience developing cost estimates at each design milestone that lead to the successful negotiation of a GMP (recent experience preferred). Describe the Shortlisted Respondent’s experience with reconciliation of a design engineer’s or a third party’s cost estimate with the estimate developed by Shortlisted Respondent, and any lessons learned to achieve reconciliation.

3. PROPOSAL SECTION 2 – Project Approach (10-page limit): Provide a description of the Shortlisted Respondent's approach for managing and delivering the services described in Section 4 and the draft CM/GC Agreement included in EXHIBIT G (DRAFT CM/GC AGREEMENT) within Section 7 of this RFP. Specifically:

• The City estimates that the duration of this project will be 5 years, starting in April of 2025

(approximately 2 years in preconstruction and approximately 3 years in construction). For the Project Manager, Preconstruction Manager, and Construction Manager, describe the following for both Preconstruction Services and Construction Services:

o The percentage of the person’s time spent on the City’s project and the person’s specific responsibilities during each project phase.

o The percentage of the person’s time spent on other projects.

o The percentage of the person’s time that is anticipated to be spent at the job site in Medford.

• Describe the steps that the Shortlisted Respondent will take to make sure the Key Personnel identified in your proposal will remain dedicated to the Project as described in your SOQ and Proposal.

• Describe the top three critical activities to address during Preconstruction Services and how the Project Team will work together to complete these activities.

• The City may be interested in exploring ideas to reduce the cost and improve the quality of the Project and will conduct “Value Engineering” at the 30 percent design level.

o On one of the projects referenced in your SOQ, describe a Value Engineering idea or recommendation proposed by your firm that was implemented by the Owner/Design Team.

Describe the process you used to gain acceptance for the idea. What were the associated savings (proposed and realized) and/or non-monetary benefits (proposed and realized)? Were there any negative impacts to quality, performance, or schedule?

o Based on the Project as defined in the PDR, describe three ideas or changes that the City may consider on this project to reduce cost or add non-monetary value (i.e., positive impact to operations and maintenance). Do you foresee any negative impacts to quality, performance, or schedule if these ideas are implemented?

• Describe Shortlisted Respondent’s approach to providing an accurate representation of construction costs and accounting for unknown costs as the design progresses to the GMP Proposal. Include a discussion of subcontractor and supplier engagement during design development, and other means that the Shortlisted Respondent will use to incorporate representative costs in the cost estimates and be able to demonstrate that the costs are representative to the City.

• Describe the Shortlisted Respondent’s preliminary staffing plan for project management, supervision and administration during the Construction Services phase.

• Identify and describe the top three Construction Services challenges, risks and/or opportunities associated with the Project, define the approach for addressing or mitigating, and identify any unique experiences or strengths the Shortlisted Respondent may have relative to the challenges/risks/opportunities.

• Describe the Construction Services work elements the Shortlisted Respondent intends or prefers to self-perform, and how this approach to self-performance will influence the quality, schedule, and cost of the project.

4. RFP SECTION 3 – Cost Proposal (not counted in page limit). Having examined Section 4 and the draft CM/GC Agreement included in EXHIBIT G (DRAFT CM/GC AGREEMENT) within Section 7 of this RFP, the Shortlisted Respondent shall provide a price proposal (Cost Proposal) for services as required for this Project. Cost Proposal includes the Contractor’s Fee (as a percentage, and as defined in the draft CM/GC Agreement). The Contractor’s Fee shall assume at least 30% of the Construction Services Work will be self-performed by the Contractor.

Shortlisted Respondent shall provide its Cost Proposal by completing and submitting the Cost Proposal Forms provided in EXHIBIT F (COST PROPOSAL FORMS).

Forms F.1 and F.2 provided in EXHIBIT F (COST PROPOSAL FORMS) within Section 7 of this RFP, shall be provided in APPENDIX B –Cost Proposal. In submitting a Cost Proposal, all Shortlisted Respondents agree that the price included in Form F.1shall be valid until completion of all Preconstruction Services and Construction Services.

The draft CM/GC Agreement, as may be modified by addendum as set forth above, is the form upon which the Shortlisted Respondent shall base its Cost Proposal.

5. APPENDIX A - Forms for Affirmation of Compliance (not counted in page limit). Include in Appendix A the completed forms provided in EXHIBIT B (PROPOSERS/BIDDERS CERTIFICATION) and EXHIBIT C (CONTRACTOR CERTIFICATION OF TAX COMPLIANCE) within Section 7 of the RFP.

6. APPENDIX B –Cost Proposal (not counted in page limit). Shortlisted Respondent shall provide in Appendix B the completed Forms F.1 and F.2 provided in EXHIBIT F (COST PROPOSAL FORMS) within Section 7 of this RFP.

5.2 SUBMITTAL REQUIREMENTS

Respondents are required to submit:

1. One unbound original hard copy of Shortlisted Respondent’s Proposal with “wet” signatures.

2. Eight bound hard copies of the Shortlisted Respondent’s Proposal.

3. One electronic copy of the Proposal provided as a PDF on a flash drive. The submitted PDF must exactly match the hardcopy original, must be searchable, and must contain bookmarks for each section identified in Section

5.1 Submission Format and Content.

Proposals must be in the format noted in this Section. The City reserves the right to disqualify any Proposal submitted incorrectly. Proposals must be addressed as follows:

City of Medford RWRF Upgrades Project CM/GC Proposals

Attention: Mr. John Vial, Public Works Director Regional Water Reclamation Facility

1100 Kirtland Road Central Point, OR 97502

The City will use unbound hard copy submitted, or the electronic version, and as the basis on which to determine whether or not the Proposal is responsive and responsible. Failure to include any required documentation within the unbound hard copy or the electronic version may result in the Proposal being deemed non-responsive in accordance with Section 6.1 Proposal Responsiveness.

END OF SECTION FIVE

SECTION 6 – PROPOSAL EVALUATION AND SELECTION CRITERIA

6.1 PROPOSAL RESPONSIVENESS

Each Proposal will be reviewed to determine whether it is responsive to this RFP. Failure to comply with the requirements of this RFP, including responding completely or sufficiently to evaluation criteria, may result in rejection of the Proposal as non-responsive or correspondingly lower scores for those criteria. At their sole discretion, however, the Selection Committee may waive any such failure to meet a requirement of this Proposal and may request clarification or additional information to remedy a deficiency.

6.2 PROPOSAL SCORED CRITERIA

The Selection Committee will evaluate the responsive Proposals by applying the comparative evaluation criteria set forth below. The total score for the Proposal is 100 points.

Qualifications and Experience (45% of total score)

1. Firm qualifications in water/wastewater treatment plant construction, and with CM/GC (or related) delivery.

2. Changes in Key Personnel.

3. Project Manager’s, Preconstruction Manager’s and Construction Manager’s qualifications and experience as it pertains to Project.

4. Experience in collaborating and integrating with an owner, owner’s advisor (if applicable) and design engineer in both project phases.

5. Experience with cost estimating that leads to agreeable GMP.

6. Response to interview questions relative to qualifications and experience.

Approach to Work (45% of total score)

1. Demonstration of Project understanding and use of innovative and/or effective approaches to completion of the Work.

2. Approach to resource management and commitment to the Project.

3. Approach to value engineering, including consideration of non-economic benefits.

4. Approach to cost development and management.

5. Project execution including project risk reduction measures, and efficient execution methodologies.

6. Approach to staffing during Construction Phase.

7. Approach to self-performance of construction work with Shortlisted Respondent’s staff and equipment.

8. Response to interview questions relative to approach to the Work.

Cost Proposal for Contractor’s Fee (10% of total score) Contractor’s Fee (as a percentage, and as defined in the draft CM/GC Agreement). The Cost Proposal with the lowest Contractor’s Fee will be awarded 10 points. Points for other Cost Proposals equal the lowest Contractor’s Fee divided by the Shortlisted Respondent’s Contractor’s Fee multiplied by 10.

The Selection Committee will evaluate the Proposals submitted and will also utilize interviews to inform the Proposal scoring.

END OF SECTION SIX

SECTION 7 - EXHIBITS

EXHIBIT A: Excerpt from Permit Compliance Schedule and Permit Fact Sheet Excerpt from Permit:

Excerpt from Fact Sheet:

EXHIBIT B: PROPOSERS/BIDDERS CERTIFICATION

CITY OF MEDFORD

PROPOSERS/BIDDERS CERTIFICATION

Contractor

Physical Address

City, State, Zip

(a) The Contractor certifies that he/she has read and understands all terms and conditions of this solicitation and the sample contract.

(b) The Contractor acknowledges that the person that signs this Certification is fully authorized to sign on behalf of the Contractor listed and to fully bind the Contractor to all conditions and provisions thereof.

(c) The Contractor certifies that Contractor has complied or will comply with all requirements of local, state, and national laws and that no legal requirement has been or will be violated in making or accepting this RFP/ITB/RFQ.

(d) The Contractor holds any required certificates for the State of Oregon designated in the complete document as applicable (Contractors, Architects, Landscape Board, Engineers, etc.).

Applicable Registration #s: ______________________________________________________.

(e) The Contractor, pursuant to ORS 279A.120 (1) (check one) is _______ /is not_______ a Resident Bidder. If not, indicate State of Residency: __________________________.

(f) The Contractor certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110, against any minority, women or emerging small business enterprise in obtaining any required subcontract.

(g) The Contractor agrees to comply with Oregon tax laws in accordance with ORS 305.385.

(h) The Contractor will be required to provide a copy of the certificate showing they completed the free online Pay Equity

Training for businesses prior to award of contract per ORS 2749A.167 link to training:

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

(i) The Contractor agrees to obtain/retain a City of Medford Business License for the duration of this contract.

(j) The Contractor acknowledges receipt of the following addenda: (List by number and date appearing on addenda.)

Addendum Number Date Addendum Number Date

Respectfully submitted this _________day of __________________, 20___

Signature: ______________________________________________________

Name: __________________________________________________________ Phone: ______________________________ (Print/Type) Title: ____________________________________________________________ Fax: ________________________________

Email Address: ______________________________________________________________________________________________ https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

EXHIBIT C: CONTRACTOR CERTIFICATION OF TAX COMPLIANCE

CITY OF MEDFORD

CONTRACTOR CERTIFICATION OF TAX COMPLIANCE

Contractor certifies to the City of Medford that:

To the best of Contractor’s knowledge, after due inquiry, currently and for a period of six calendar years preceding this submittal, Contractor has complied with:

(a) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318.

(b) Any tax provisions imposed by any City, County, or other political subdivision of the State of Oregon that applied to Contractor, to

Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor.

(c) Offeror shall provide written notice to Agency within two business days of any change to the Offeror’s status of tax law compliance.

Dated this day of , 20

Signed

Name of Contractor Print or Type

Street Address

City State Zip

EXHIBIT D: BIDSYNC AND CITY WEBSITE LINKS

BidSync and City Website Links:

Information about this RFP can be obtained starting Monday, December 6, 2024, at the City of Medford Regional Water Reclamation Facility, 1100 Kirtland Road, Central Point, OR 97502. The complete Request for Proposals packet may also be obtained through BidSync at https://www.periscopeholdings.com/s2g or through the City of Medford website at https://www.medfordoregon.gov/Government/Departments/Public-Works/Contract-Bids-Notices/Public-Works- Contract-Bids-Notices .

Please note the City and its agents are not responsible for RFP access, missing links, or computer network errors. This RFP will be advertised both locally and through regional planning and commerce centers for distribution. Invitation to propose is not acceptance of this contract or work requested in this RFP.

https://www.periscopeholdings.com/s2g https://www.medfordoregon.gov/Government/Departments/Public-Works/Contract-Bids-Notices/Public-Works-Contract-Bids-Notices https://www.medfordoregon.gov/Government/Departments/Public-Works/Contract-Bids-Notices/Public-Works-Contract-Bids-Notices

EXHIBIT E: OREGON PAY EQUITY TRAINING REQUIREMENTS

EMPLOYERS DOING BUSINESS WITH THE CITY OF MEDFORD

The 2019 Legislative session expanded the Pay Equity Training in ORS 279A.167 for Oregon businesses who may want to bid on public contracts. Pay Equity Training and Certification Requirements.