RFP NUMBER 00000617

City of Portland, Oregon

May 4, 2017

REQUEST FOR PROPOSALS FOR PORTLAND OPEN SPACE SEQUENCE RESTORATION PROJECT CONSTRUCTION MANAGER / GENERAL CONTRACTOR SERVICES

PROPOSALS DUE: May 31, 2017 by 4:00 p.m.

Response Envelope(s) shall be sealed and marked with RFP Number and Project Title.

SUBMITTAL INFORMATION: Refer to PART II, SECTION B. PROPOSAL SUBMISSION

Submit the Proposal to: Procurement Services City of Portland 1120 SW Fifth Avenue, Room 750 Portland, OR 97204 Attn: Celeste King

Refer questions to: Celeste King City of Portland, Procurement Services Phone: (503) 823-4044 Fax : (503) 865-3455 Email: [email protected]

A MANDATORY PRE-PROPOSAL MEETING has been scheduled for Thurs, May 18, 2017, at 1:30 pm starting at Ira Keller Fountain at SW Third & Clay Streets, Portland, OR 97204.

TABLE OF CONTENTS

. Notice to Proposers

. General Instructions and Conditions of the RFP

. Project Contacts

. Part I: Solicitation Requirements Section A General Information Section B CM/GC Services Section C Exhibits Section D Proposal Forms

. Part II: Proposal Preparation and Submittal Section A Pre-Proposal Meeting / Clarification Section B Proposal Submission Section C Proposal Content and Evaluation Criteria

. Part III: Proposal Evaluation Section A Proposal Review and Selection Section B Contract Award

. Exhibits Exhibit A CM/GC Disadvantaged, Minority, Women and Emerging Small Business Subcontractor and Supplier Plan Exhibit B Workforce Training and Hiring Program Exhibit C General Conditions of the Contract for CM/GC Projects Exhibit D Sample Pre-Construction Services Contract Exhibit E Sample Construction Contract Exhibit F Assignment of Anti Trust Rights Exhibit G CM/GC & Owner Team Roles and Responsibilities Table Exhibit H Design Team Contract Exhibit I Public Information Plan Exhibit J Project Validation Report for Lovejoy Fountain Rehabilitation Exhibit K Anticipated Project Schedule Exhibit L 30% Cost Estimate Exhibit M 30% Specification Table of Contents Exhibit N 30% Construction Drawings

. Proposal Forms A. Certification and Contract Offer B. Receipt of Addenda C. Non-Collusion Affidavit

NOTICE TO PROPOSERS CM/GC SERVICES

Instructions regarding proposing, award of contract, bonding, execution of contract, legal relations and responsibilities, and other related information are included in the General Conditions and General Requirements found in Exhibit C of this RFP. The City of Portland reserves the right to reject any or all Proposals. The following list of actions is provided for the use and convenience of Proposers. It is not guaranteed to be complete or accurate, and the responsibility for compliance with all requirements remains with the Proposer.

ITEMS IN BOLD MUST BE SUBMITTED WITH YOUR PROPOSAL.

ALL MARKED ITEMS ARE REQUIRED FOR THIS PROJECT

1. ( X ) Required Certification and Contract Offer Form

2. ( X ) Required Certification as an EEO Affirmative Action Employer

3. ( X ) Required DMWESB Subcontractor and Supplier Plan: All Proposers shall thoroughly read the D/M/W/ESB Subcontractor and Supplier Plan section of this specification and commit to perform all requirements described herein. The Plan will be developed during the pre-construction services phase and implemented during the construction services phase of the project.

4. ( X ) Required Workforce Training and Hiring Program: All Proposers shall thoroughly read the Workforce Program section of this specification and commit to perform all requirements described herein. The Plan will be developed during the pre-construction services phase and implemented during the construction services phase of the project.

5. ( X ) Required Incorporation of the General Conditions provided in Exhibit C as part of the Proposal. The General Conditions are subject to revisions during completion of Design and upon agreement to be issued as Supplementary General Conditions.

6. ( X ) Required Receipt of Addenda (Check for receipt of all addenda before submitting Proposal)

7. ( X ) Required Proposal (Proposal clearly and accurately completed, signed, sealed in an envelope with Proposer’s name, address, RFP number, due date and time shown on front; submitted before the closing time for receipt of Proposal.)

8. ( X ) Required Mandatory Pre-Proposal Conference scheduled. To be eligible to submit a Proposal, Proposers must attend the Mandatory Pre-Proposal Conference.

9. ( X ) Required Oregon Construction Contractors Board License (must have an Active license PRIOR to submitting a Proposal).

10. ( X ) Required City of Portland Business Tax Registration

11. ( X ) Required Equal Benefits Program Compliance

12. ( X ) Required Assignment of Anti-Trust Rights

13. ( X ) Required Notarized Non-Collusion Affidavit

14. ( X ) Required Certificate of Compliance with Tax Laws

15. ( X ) Required Certification of Primary Participant Regarding Debarment, Suspension and Other Responsibility Matters

GENERAL INSTRUCTIONS AND CONDITIONS

CORPORATE RESPONSIBILITY AND SOCIAL EQUITY CONTRACTING shall obtain a current City of Portland Business Tax Registration prior to initiation REQUIREMENTS – The City of Portland seeks to extend contracting opportunities of contract and commencement of the work. to Disadvantage Business Enterprises (DBE), Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Emerging Small Businesses OREGON CONSTRUCTION CONTRACTORS BOARD LICENSE – Prospective (ESB) (collectively “D/M/W/ESB”) in order to promote their economic growth and Proposers shall obtain a current State of Oregon Construction Contractor Board to provide additional competition for City contracts. Therefore, the City has License prior to submitting a proposal. established an aspirational goal of 20% on the total amount of Hard Construction Costs for D/M/W/ESB subcontractor/supplier utilization. Hard Construction Costs WORKERS’ COMPENSATION INSURANCE – Successful Proposer shall be means the cost to build improvements on a property, including all related covered by Workers’ Compensation Insurance or shall provide evidence that State construction labor and materials, including fixed and built-in equipment costs. law does not require such coverage. Costs not directly related to the construction of an improvement, such as overhead, administration or taxes, or other professional services shall not be considered as CERTIFICATION AS AN EEO AFFIRMATIVE ACTION EMPLOYER – Successful part of the Hard Construction Costs. Proposers must be certified as Equal Employment Opportunity Affirmative Action Employers as prescribed in City Code 5.33.076. The required documentation must CITY SUSTAINABILITY OBJECTIVES – The City has a history of striving to be be filed with Procurement Services, City of Portland, prior to contract execution. more sustainable in its operations and planning. Starting with the City’s Details of certification requirements are available from Procurement Services, Sustainable City Principles (1994) the City has established a variety of policies to 1120 SW Fifth Avenue, Room 750, Portland, Oregon 97204, (503) 823-5047, guide its work on sustainability, including: the Sustainable Procurement Policy, website: http://www.portlandoregon.gov/brfs/265222. In order to be EEO certified, Green Building Policy, Climate Action Plan, and the Stormwater Management Proposers must complete an online certification form at: Manual (refer to the Portland Policy Documents website: http://procure.portlandoregon.gov/. https://www.portlandoregon.gov/citycode/26818). As applicable to City procurement, these policies guide the City to buy products and services that EQUAL BENEFITS PROGRAM – Successful Proposers must provide benefits to reduce the City’s negative environmental and social impacts, while maintaining their employees with domestic partners equivalent to those provided to employees fiscal health in the short and long term. As such, the City seeks to do business with spouses as prescribed in City Code 5.33.077. The required documentation with firms that will actively contribute to the City’s sustainability objectives. must be filed with Procurement Services, City of Portland, prior to contract execution. Details of compliance requirements are available from Procurement ENVIRONMENTAL CLAIMS – Upon request, the vendor must provide and make Services, 1120 SW Fifth Avenue, Room 750, Portland, Oregon 97204, (503) 823- publicly available verifiable evidence supporting every environmental claim made 5047, website: http://www.portlandoregon.gov/brfs/265222. In order to comply, about the products or services provided to the City. Environmental claims for Proposers must complete an online compliance form at: which verifiable evidence must be provided include any claim provided on http://procure.portlandoregon.gov/. products, product packaging, product or service sales literature and websites, and information provided to respond to this solicitation. LOCAL CONTRACTING – If the final evaluation scores are otherwise equal, the City prefers goods or services that have been manufactured or produced by a INVESTIGATION – The Proposer shall make all investigations necessary to be Local Business. The City desires to employ local businesses in the purchase, informed regarding the service(s) to be performed under this request for proposal. lease, or sale of any personal property, public improvements, or services. The City wants the residents of the State of Oregon and SW Washington to benefit from SPECIAL CONDITIONS – Where special conditions are written in the Request for optimizing local commerce and services, and the local employment opportunities Proposal (“RFP”), these special conditions shall take precedence over any they generate. [City of Portland Resolution #36260] conditions listed under the “General Instructions and Conditions". CONFLICT OF INTEREST - A Proposer filing a proposal hereby certifies that the CLARIFICATION OF REQUEST FOR PROPOSAL – Proposers who request a proposal is made in good faith without fraud, collusion or connection of any kind clarification of the RFP requirements must submit questions in writing to the with any other Proposer of the same request for proposals, that the Proposer is person(s) shown in the REFER QUESTIONS TO section on the cover of this RFP, competing solely on its own behalf without connection or obligation to, any or present them verbally at a scheduled pre-submittal meeting, if one has been undisclosed person or firm, that Proposer is not a City official/employee or a scheduled. The City must receive written questions no later than the date stated business with which a City official/employee is associated, and that to the best of herein. The City will issue a response in the form of an addendum to the RFP if a its knowledge, Proposer, its employee(s), its officer(s) or its director(s) is not a City substantive clarification is in order. official/employee or a relative of any City official/employee who: i) has responsibility in making decisions or ability to influence decision-making on the Oral instructions or information concerning the Request for Proposal given out by contract or project to which this proposal pertains; ii) has or will participate in City bureaus, employees, or agents to prospective Proposers shall not bind the evaluation, award or management of the contract related to this proposal; or iii) City. has or will have financial benefits in the contract to which this proposal pertains. Proposer understands that should it elect to employ any former City ADDENDA – Any change to this RFP shall be made by written addendum issued official/employee during the solicitation period or the term of the contract then that no later than 72 hours prior to the proposal due date. The City is not responsible the former City official/Contractor employee must comply with applicable for any explanation, clarification, or approval made or given in any manner except government ethics and conflicts of interest provisions in ORS Chapter 244, by addendum. including but not limited to ORS 244.040(5) and/or ORS 244.047, and the City’s Charter, Codes and administrative rules, including but not limited to lobbying COST OF PROPOSAL – This Request for Proposal does not commit the City to prohibitions under Portland City Code Section 2.12.080. pay any costs incurred by any Proposer in the submission of a proposal or in making necessary studies or designs for the preparation thereof, or for procuring PUBLIC RECORDS – Any information provided to the City pursuant to this RFP or contracting for the services to be furnished under the Request for Proposal. shall be public record and subject to public disclosure pursuant to Oregon public records laws (ORS 192.410 to 192.505). Any portion of a proposal that the CANCELLATION – The City reserves the right to modify, revise, or cancel this proposer claims as exempt from disclosure must meet the requirements of ORS RFP. Receipt and evaluation of proposals or the completion of interviews do not 192.501(2) and ORS 192.502(4) and/or ORS 646.461 et seq. The fact that a obligate the City to award a contract. proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. The City will make an LATE PROPOSALS – Proposals received after the scheduled closing time for independent determination regarding exemptions applicable to information that filing will be rejected as non-responsive and returned to the Proposer unopened. has been properly marked and redacted. Information that has not been properly marked and redacted may be disclosed in response to a public records request. REJECTION OF PROPOSALS – The City reserves the right to reject any or all When exempt information is mixed with nonexempt information, the nonexempt responses to the Request for Proposal if found in the City’s best interest to do so. information must be disclosed. In the City’s discretion, litigation between the City and a Proposer may be cause for proposal rejection, regardless of when that litigation comes to the City’s If the City refuses to release the records, the proposer agrees to provide attention and regardless how the Proposer’s proposal may have been scored. information sufficient to sustain its position to the District Attorney of Multnomah Proposals may also be rejected if they use subcontractors or subconsultants who County, who currently considers such appeals. If the District Attorney orders that are involved in litigation with the City. Proposers who are concerned about the records be disclosed, the City will notify the proposer in order for the proposer possible rejection on this basis should contact the City before submission of a to take all appropriate legal action. The proposer further agrees to hold harmless, proposal for a preliminary determination of whether its proposal will be rejected. defend, and indemnify the City for all costs, expenses, and attorney fees that may be imposed on the City as a result of appealing any decision regarding the CITY OF PORTLAND BUSINESS TAX REGISTRATION – Successful Proposer proposer’s records. RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 1

AUTHORITY - The Chief Procurement Officer has the authority to waive minor These “General Instructions and Conditions" are not to be construed as irregularities and discrepancies that will not affect the competitiveness or fairness exclusive remedies or as a limitation upon rights or remedies that may be or of the solicitation and selection process. may become available under ORS Chapter 279.

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 2

PROJECT CONTACTS

The following names, addresses, and phone numbers are for the convenience of the Proposers:

FOR: CONTACT:

Obtaining Proposal Documents Celeste King Procurement Supervisor, Const. Submitting Proposals Procurement Services EEO Certification 1120 SW Fifth Avenue, Room 750 Contract Status Portland, OR 97204 Phone: (503) 823-4044 / Fax (503) 865-3455 Email: [email protected]

City of Portland Business Tax Revenue Bureau 111 SW Columbia Street, #600 Portland, OR 97201 Phone: (503) 823-5157 / Fax (503) 823-5192 Website: http://www.portlandoregon.gov/revenue/29558?

Oregon Construction Contractors Board Construction Contractors Board Licensing 700 Summer St. N.E., Suite 300 Salem, OR 97310-0151 Phone: (503) 378-4621 Email: [email protected] Website: www.oregon.gov/CCB

DMWESB Subcontractor Equity Plan Angela Pack Workforce Training & Hiring Program Procurement Services 1120 SW Fifth Avenue, Room 750 Portland, OR 97204 Phone: (503) 823-6883 Email: [email protected]

RFP Number 00000617 – Portland Open Space Sequence Restoration Project Page 3

PART I SOLICITATION REQUIREMENTS

SECTION A GENERAL INFORMATION

1. INTRODUCTION Portland Parks and Recreation (PP&R) is the steward of over 10,000 acres of land at more than 250 locations including a large number of community and neighborhood parks, public spaces, natural areas, recreational facilities, gardens, and trails. Portland Park and Recreation facilities offer an abundance of recreation and enrichment opportunities for people of all ages and give life and beauty to the City of Portland.

PP&R contributes to the city’s vitality by: • Establishing and safeguarding the parks, natural resources, and urban forest that are the soul of the city, ensuring that green spaces are accessible to all; • Developing and maintaining excellent facilities and places for public recreation, building community through play and relaxation, gathering and solitude; and • Providing and coordinating recreation services and programs that contribute to the health and well-being of residents of all ages and abilities.

PP&R strives to demonstrate the following values in the development and renovation of public spaces within the City of Portland: • Quality parks and responsive service to our diverse customers and partners. • Community participation in program and project planning. • Innovation, creativity and excellence in all aspects of operations. • Openness, honesty, and respect in all relationships. • A diverse and culturally competent workforce. • Transparent, ethical, and accountable decision-making. • Personal and professional development.

The City of Portland, hereafter called “City” or “Owner”, Bureau of Parks & Recreation, is seeking proposals from individuals, firms, teams or consultants, hereafter called “Proposer(s),” with demonstrated experience in Construction Manager/General Contractor (“CM/GC”) services for restoration of historic parks or plazas, and proposes to engage the successful Proposer for Construction Manager/General Contractor services for the Restoration of the Portland Open Space Sequence.

Project Considerations Using collaboration, integration and synergy, the proposed Project will be organized to bring together project management, design and construction resources in order to renew and improve four parks that, together with the pedestrian malls, link them and the surrounding neighborhood to form the Portland Open Space Sequence (Sequence).

The goals for Portland Open Space Sequence Restoration Project are: • Design Integrity. Restore the Sequence with respect to its historic designation to the original design intent, while improving its maintainability, safety, and accessibility, so the parks will continue to address the needs of

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 4

Portland’s citizens and guests. All improvements must show careful consideration of high quality design, materials, and workmanship. • Maintenance and Security. Provide necessary high quality repairs and renovations to the Sequence’s infrastructure and facilities to protect and ensure the public’s safety, continued accessibility and enjoyment. • Contract Performance. Provide effective and efficient Contract performance with reciprocal team cooperation for delivery of this important project - the restoration and repair of the Sequence. • Schedule and Budget. Complete construction of the Project by June 2019. (See Exhibit K – Project Schedule). Construction timing will be a key consideration due to the location of the Sequence. The Project must also stay within the agreed upon budget. • Public Information. Provide assistance with the public information in a thoughtful and creative manner to ensure all stakeholders understand the need for the project, are aware of the schedule, and are informed of potential disturbances to normal activities in and around the Sequence during the Project.

Map of the Portland Open Space Sequence

2. BACKGROUND A. Project Location The Portland Open Space Sequence is comprised of four parks/plazas – Ira Keller Fountain, Pettygrove Park, Lovejoy Fountain, and The Source Fountain, along with the adjacent pedestrian walkways, built between 1966 and 1970. The improvements will be constructed to the parks and portions of the SW 2nd Avenue and SW 3rd Avenue rights-of-way between SW Clay Street and SW Lincoln Street.

B. General Character and Scope The general character and scope of the improvements to Ira Keller Fountain, to Pettygrove Park, to Lovejoy Fountain, and to The Source Fountain is to construct a variety of site and fountain improvements, including: fountain mechanical renovations, concrete and masonry restoration, replacement of lighting and electrical

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 5

components and electrical conduits embedded within concrete walls and fountain structures, Americans with Disabilities Act (ADA) improvements to remove trip hazards and add handrails, and stormwater improvements.

C. Project Background Over fifty years ago, the Portland Development Commission (“PDC”) took the bold step of redeveloping a 55-block swath of the city as its first urban renewal project. In what would become a tradition of making public space an intrinsic part of modern Portland’s urban fabric, PDC set aside three full blocks and a series of adjoining streets for parks and garden-lined pedestrian walks. To design the ensemble, PDC hired one of the most visionary landscape architecture firms of the 20th century: Lawrence Halprin and Associates.

Ira Keller Fountain, Pettygrove Park, Lovejoy Fountain, The Source Fountain, and the adjacent pedestrian walkways—collectively dubbed by Halprin as the Portland Open Space Sequence—changed the history of American urban space, pioneering a path from passive parks and squares to more dynamic, participatory mergings of parks and art. They can be seen as precedents for subsequent Halprin sequences such as the Haas Promenade in Jerusalem and the Roosevelt Memorial in Washington, D.C. As the first new downtown public space in Portland in decades, they inspired two generations of urban park building, from Tom McCall Waterfront Park and Pioneer Courthouse Square to Jamison Square and Director Park.

However, in over four and a half decades since the Portland Open Space Sequence’s completion in 1970, simple aging, along with deferred maintenance due to City budgeting challenges, have left the plazas and fountains in dire need of care and restoration.

The Halprin Landscape Conservancy (“HLC”), formed in 2001, is a public charity under Sections 501 (c)(3) of the Internal Revenue Code. The Conservancy's mission is to honor and preserve the Sequence by increasing awareness of the Sequence as an important city and national cultural resource; improving the Sequence according to the original vision of Lawrence Halprin; and assuring the Sequence's upkeep at the level of a residential garden. Since its formation, the Conservancy has worked to implement the first tree-trimming program for Ira Keller Fountain and Pettygrove Park. The Conservancy co-organized a public celebration of the Sequence in 2009 and funded the publication of Where the Revolution Began, a monograph describing the story of how the Sequence came to be. The Conservancy worked with the Portland Bureau of Transportation ("PBOT") and surrounding property owners in 2010-2011 to develop new lighting that improved the illumination of the plazas and surrounding paths, and also better respects Halprin's original design. In 2011, the Conservancy received a pledge to make a lead gift of $250,000 to be used specifically for the comprehensive restoration of Pettygrove Park. Since then, in addition to approximately $90,000 that donors have already contributed to the Conservancy, several private donors have agreed to be assessed $2,150,000 through a Local Improvement District (LID). Private donors continue to participate in the Adopt-a- Block pilot program of the Conservancy by contributing substantial services toward the upkeep and betterment of Pettygrove Park. Additionally, the Conservancy has worked with PP&R’s maintenance staff to organize volunteer clean up events at the parks.

The City's Parks, Maintenance, Transportation, and Water Bureaus all have had responsibility for the operation and maintenance of various elements of the Sequence. Over time, the City has not been able to keep up with the maintenance needs of the Sequence. The City recognized the international significance of the Sequence and wanted to seek additional support through charitable contributions and participation by the community. The City recognized the contributions of the RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 6

Conservancy in support of these goals and entered into an agreement in 2011 to formalize its relationship with the Conservancy.

The Conservancy submitted a nomination to the National Parks Service, and the Sequence was designated as a National Historic Registry District on the National Register of Historic Places in March 2013. The Conservancy is pursuing a National Historic Landmark designation at the National Park Service for the Sequence which will recognize the international significance of the Sequence and its architects.

The Conservancy and the City have been in discussions about a Local Improvement District (LID) as a possible funding mechanism for the restoration of the Sequence since August of 2012. There has been an extensive public outreach effort with Halprin Landscape Conservancy since December 2012. HLC has also had extensive outreach with property owners tendering their petition support, individually and of their own accord, having determined their LID contributions. The $2.15 million LID formation was approved by City Council in December 2016. Due to the HLC’s significant outreach and the donations of area property owners into the LID, the City of Portland has provided a $1,700,000 match to round out the base project funding. To enhance the project funding, the HLC kicked off their private fundraising effort in February 2017 to raise additional funds from community members outside the LID.

3. SCOPE OF WORK AND Owner intends to contract with the successful Proposer in two phases, with PROJECT GOALS agreements and fee negotiations for each phase. For Phase I, the successful Proposer will provide Pre-Construction Services during the design phase of the Project. At the completion of the permitting and design or at any point in Phase I prior to completion of design, as may be required by Owner, the successful Proposer will be requested to provide a Guaranteed Maximum Price (GMP) to act as CM/GC for the construction and assume the risk of delivering the Project on schedule at or under the GMP.

Acceptance of the GMP by Owner and Notice to Proceed (NTP) will initiate the second phase, which will include providing complete construction services for the actual construction of the Project. It is possible that Phase I and Phase II efforts will overlap.

Restoration Project Scope Items The Project has an estimated construction cost of approximately $2 million and will include:

IRA KELLER FOUNTAIN Lighting Infrastructure Major restoration of site and fountain lighting and improvement of energy efficiency, such as new mast lighting, recessed wall and step lighting Park/Plaza Replace concrete walkway sections that are significantly lifting, cracking, settling or damaged Repair and replace handrails to improve accessibility Fountain Structure Comprehensive cleaning of fountain structure Restoration and repair of concrete in vertical walls and basins Site Infrastructure Replace fountain grates that create tripping hazards Repair and clear existing stormwater lines and upgrade the site drainage system to reduce water runoff

PETTYGROVE PARK RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 7

Site Infrastructure Repairs to storm drainage system including: o New catch basin covers o Rehabilitation of existing stormwater lines and addition of new lines to reduce water runoff

LOVEJOY FOUNTAIN PLAZA Lighting Infrastructure Restore recessed wall and step lighting and improve energy efficiency Revisions to electrical equipment to meet current PGE safety standards and to improve energy efficiency Park/Plaza Remove and replace leaning trees that have damaged the surrounding paving Replace concrete walkway sections that are significantly lifting, cracking, settling or damaged Fountain Infrastructure Rehabilitate control room ventilation system Site Infrastructure Repair and clear stormwater drainage system to reduce water runoff

SOURCE FOUNTAIN Fountain Infrastructure Replace or repair broken or leaking pipes Rebuild fountain vault wall Site Infrastructure Clear blocked stormwater lines and install new trench drains

Reference 30% Construction Drawings, Exhibit N, and Specification Table of Contents, Exhibit M.

The Project may also include the following depending on the budget considerations and additional private fundraising:

ADDITIVE BID ALTERNATESCOPE ITEMS: Bid Alt #1 – Ira Keller Fountain - Irrigation Bid Alt #2 – Ira Keller Fountain - Utility Covers Bid Alt #3 – Ira Keller Fountain - Lighting Controller Bid Alt #4 – Lovejoy Fountain - Equipment room hatch lid Bid Alt #5 – Lovejoy Fountain – Shelter lighting

DETAILED SCOPES OF WORK FOR THE TWO PHASES ARE PROVIDED BELOW:

Phase I - Pre-Construction Services Scope of Work

The successful Proposer will provide pre-construction phase services under the terms of the Pre-Construction Services Contract between Owner and the successful Proposer, hereinafter known as “CM/GC”, “Contractor” or “Construction Team”. The Contractor will be expected to provide, at a minimum, the following services and assistance to Owner. Proposers are encouraged to suggest additional specific services they can offer that may be of benefit to the design and pre-construction planning. The CM/GC will provide cost breakdown of major Pre-Construction services with a Not-To-Exceed total amount.

Major Pre-Construction Services design review milestones will be at 30%, 60% and

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 8

90% Construction Drawings and Specifications. Upon issuance of the 90% Construction Drawings and Technical Specifications, the CM/GC will submit the GMP Proposal to the Owner pursuant to General Conditions (see Exhibit C).

Pre-Construction Services performance period shall be 280 calendar days unless otherwise amended and extended by the Owner. No early work is anticipated as part of Pre-Construction Services.

Scope of work for Pre-Construction Services is further detailed below.

Task 1: Project Partnering Meeting Partnering is critical to the success of a CM/GC project, and the Pre-Construction Services Phase begins with a two-hour project Kick-off/Orientation Meeting with the Project Team which will include City staff, their consultants, and representatives from Halprin Landscape Conservancy. Partnering is a process for developing a spirit of teamwork and cooperation through shared Project goals and information, defined roles and responsibilities, defined issue resolution procedures, clear action plans, and the monitoring of Project Team performance to ensure that the goals are achieved. Minimally, key members from the Construction Team to attend the Kick- off/Partnership Orientation Meeting shall include a Project Manager, Site Superintendent, and D/M/W/ESB Outreach Consultant/Manager.

The Partnering Meeting will cover the following items:

1. Introduce the agenda, Project, CM/GC, and the Project stakeholders. 2. Discuss key partner roles and responsibilities related to the CM/GC process. 3. Present Project goals and objectives. 4. Discuss Project status, funding, and preliminary schedule. 5. Present Initial Project elements and scope. 6. Discuss lead and frequency of updates to key project stakeholders. 7. Discuss general terms of non-binding ‘partnering agreement.’ 8. Conduct Project site tour.

Task 1 Deliverables: The CM/GC shall draft 2-page maximum partnering agreement (non-binding) and submit to the Owner who shall distribute to key partners for comments. Upon receipt of all comments CM/GC shall prepare the final partnering agreement for Owner review and approval. Upon approval, final partnering agreement will be distributed and executed by all key project partners.

Task 2: Initial Scoping Meeting CM/GC shall attend a two-hour minimum initial scoping meeting with the Owner’s key Project Team to include Owner, A/E team, and representatives from Halprin Landscape Conservancy.

The Initial Scoping Meeting will cover the following items:

1. Establish Communication Plan. 2. Establish a Quality Assurance and Quality Control (QA/QC) Plan. 3. Identify Project risks and develop an initial Risk Assessment and Management Plan. 4. Identify and share key historical drawings, reports, investigations and identification of additional investigation actions.

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 9

5. Pre-Construction Services delivery schedule to include key milestone delivery dates, review and approval. 6. Schedule progress meetings.

Task 2 Deliverables: Following the Initial Scoping Meeting, CM/GC shall prepare the following Draft documents for review by Owner: a) Communications Plan: b) QA/QC Control Plan: c) Initial Risk Assessment & Management Plan: d) List of Key Reports & Documents; and e) Pre-Construction Services Delivery Schedule of CM/GC reports, A/E drawing/specifications review, cost estimates and other investigation work & reports, to include time for Owner team review.

The Owner shall distribute to key partners for comments. Upon receipt of all comments, CM/GC shall prepare the final documents for final Owner review, approval, and distribution.

Task 3: Collaborative Project Design CM/GC shall participate as a member of the Project Team to advise, assist, and provide recommendations on all aspects of the design of the Project, construction planning, constructability, scheduling, safety and risk issues, and achieving sustainability objectives collectively incorporated into a Project Specific Project Management Plan.

This includes having the Contractor’s Project Manager and up to two additional individuals (to be identified) participate in biweekly (every other week) meetings. Provide both written and oral recommendations to Owner and Design Team on an on-going basis to establish procedures for expediting and streamlining the processing of shop drawings, requests for information, scope changes and other documents, as well as permitting.

Task 3 Deliverables: The CM/GC shall prepare the following Draft documents for review by Owner: a) Project Specific Project Management Plan.

The Owner will distribute the draft to key partners for comments. Upon receipt of all comments, CM/GC shall prepare the final documents for final Owner review, approval and distribution.

Task 4: Design and Quality Assurance Reviews Provide three Design Reviews for in-progress design and permitting documents to include QA & QC review at 30%, 60% and 90% intervals in the Construction Documents. Provide both oral input and written advice to Owner and the Design Team with respect to construction feasibility, alternative materials, products, or methods. Recommend changes to improve constructability, facilitate construction, and lower construction costs. The purpose of the reviews is to involve the Construction Team with the Design Team and Owner’s maintenance staff in order to refine and optimize the design, to ensure consistency with the original design intent and historic designation, ensure code compliance, completeness and constructability.

Task 4 Deliverables:

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 10

The CM/GC shall at 30%, 60% and 90% CD prepare and submit a written list of design and QA/QC review comments to the Design Team in the Owner’s standard format. The Design Team will also collect and compile all design review comments from the various participants and will track all comments to ensure they have been incorporated or resolved to the satisfaction of the Owner. Review for errors and omissions, coordination, and suggest modifications to ensure and improve completeness or clarity and reduce any CM/GC assumptions, exclusions or conditions of the GMP.

Task 5: Risk Assessment and Management Plan At 60% Construction Drawing milestone, CM/GC shall develop an updated Risk Assessment and Management Plan identifying both cost and schedule risks with associated probabilities of occurrence and mitigation strategies. The Risk Assessment and Management Plan will at minimum include: 1. Identify and assess the risks including potential cost impacts to a matrix of likely probability and severity including schedule impacts. 2. Provide risk mitigation strategies (avoidance, reduction, transfer or control). 3. Assign ownership to the risk items.

Task 5 Deliverables: CM/GC shall submit an updated Risk Assessment and Management Plan to the Owner who will distribute the draft to key partners for comments. Upon receipt of all comments, CM/GC shall prepare the Final Plan for final Owner review, approval, and distribution. CM/GC shall update the Risk Assessment & Management Plan at the 90% Construction Drawing milestone and submit to Owner per same process as Draft Plan.

Task 6: Value Engineering, Constructability and Innovation Provide Value Engineering recommendations at 30%, 60% and 90% reviews to include materials/products, means & methods, sequencing etc. and other information that will enhance desired outcomes and result in potential cost savings. Additionally, provide input regarding current construction industry practices or innovations as they may relate to the design of the restoration Project. Provide input regarding the current labor market, materials availability, and any feedback on suppliers or installations that the Construction Team may have had problems with in the past.

Task 6 Deliverables: CM/GC shall prepare a list of Value Engineering (VE) and Innovations at 30% to the Owner who will distribute the draft to key partners for comments. Upon receipt of all comments, CM/GC shall prepare the VE and Innovations List for final Owner review & distribution. CM/GC shall update the list at 60% and 90% per same process.

Task 7: Construction Procurement Plan Work with the City and the Design Team to develop a Construction Procurement Plan detailing their approach to self-performed and competitively bid work. Make recommendations that may facilitate competitive bidding and award of trade contracts considering fast-tracking of construction, minimizing trade jurisdiction disputes, reducing or eliminating “scope gaps” between trades, and other related issues.

The City encourages the CM/GC to contact and engage disadvantaged, minority, women owned, and emerging small business participation (D/M/W/ESB) in the subcontracting work of the Project. See Part II, Section C.6, Corporate Responsibility.

The Construction Procurement Plan shall include: RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 11

1. Sub-contracting Selection Plan to be started during the Construction Documents Phase and updated periodically with a final plan to be submitted with the Guaranteed Maximum Price (GMP). 2. Long Lead Time Plan to mitigate with a procurement strategy any potential schedule impacts due to identified long-lead time materials and equipment.

Task 7 Deliverables: Work with Owner to develop and submit a detailed Disadvantaged, Minority, Women and Emerging Small Business (D/M/W/ESB) Subcontractor and Supplier Plan for obtaining utilization of D/M/W/ESB firms on the Project that meets the requirements of the City’s CM/GC Disadvantaged, Minority, Women and Emerging Small Business Subcontractor and Supplier Plan identified in Exhibit A for subcontractors and suppliers. The final Plan must be approved by the City before a construction services contract will be awarded.

Work with Owner to develop and submit a detailed Workforce Training and Hiring Program Plan for construction of the project. See Exhibit B for the requirements of the City’s Workforce Training and Hiring Program.

Task 8: Construction Management Plans Provide a general Construction Management Plan (CMP) to include Ancillary Support Plans to include: Erosion and Sediment Control, Site Specific Health and Safety Plan, Traffic Control, Sustainability & Waste Management Plan and Diesel Emissions Minimization Plan.

The general CMP should include, but is not limited to, identifying storage areas (on and off the Project Site), lay-down areas, disposal site(s) for excavated materials, storage sites for excavated materials to be used as fill, Contractor trailer location(s), off-site employee parking locations, as well as detailing the sequencing of the Work, and integrating advance utility work for public and private utilities as necessary.

Ancillary Support Plans:

1. Prepare Erosion, Sediment and Stormwater Management Control Plan that outlines what actions the CM/GC intends to deploy during construction to minimize erosion, sediments and stormwater management, consistent with the current version of the BES Stormwater Management Manual. 2. Prepare a Site Specific Health and Safety Plan (SSHSP) in accordance with OSHA requirements that includes but not limited to minimum PPE, specific Job Hazard Analysis, confined space, shoring, hoisting, hot work, etc. 3. Prepare Traffic Control Plan for review by Portland Bureau of Transportation (PBOT) and Oregon Department of Transportation (ODOT), if necessary, based on 90% plans and specifications used for the development of the GMP. 4. Prepare Project-Specific Sustainability and Waste Management Plan for implementing the City’s sustainability objectives into the Project. This includes, but is not limited to, construction and office waste minimization and recycling energy efficient construction area lighting, renewable energy solutions (e.g. solar power generators or lighting), and the use of other energy efficient and environmentally preferable materials. Included within the Sustainability Plan will be a Project-Specific Waste Management Plan demonstrating how the Project will achieve an 85% waste diversion rate in accordance with City policy.

Information on the City’s sustainability related policies is available at: https://www.portlandoregon.gov/citycode/26818. RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 12

5. Prepare a Diesel Emissions Minimization Plan to reduce exposure to diesel exhaust in and around construction areas. The Plan shall at a minimum address: Idle reduction policies and procedures for the construction site consistent with the City’s Idle Reduction Policy and Maximizing the Use of Clean Diesel Equipment that meets EPA or CARB goals.

Information on State of Oregon clean diesel resources is available at: http://www.oregon.gov/deq/AQ/PROGRAMS/Pages/Diesel-Initiative.aspx.

The EPA has clean construction resources available at: https://www.epa.gov/cleandiesel.

Clean Diesel Clearinghouse has emission reduction resources available at: http://www.cleandieselclearinghouse.org.

Task 8 Deliverables: CM/GC shall prepare Draft Construction Project Management Plan to include Ancillary Support Plans (Erosion and Sediment Control, Site Specific Health and Safety Plan, Traffic Control, Sustainability & Waste Management Plan and Diesel Emissions Minimization Plan) to the Owner who will distribute the draft to key partners for comments. Upon receipt of all comments, CM/GC shall update and prepare Final Plan for review and approval by Owner.

Task 9: Construction Schedule Develop a preliminary Critical Path Method (CPM) Schedule at 60% Construction Documents Phase for the project in a format and in a level of detail as approved by the City Project Manager. All major divisions of work shall be shown including key milestone dates: Notice to Proceed with construction, Substantial Completion and Final Completion dates.

Prepare a detailed Resource Loaded Critical Path Method (CPM) Final Baseline Schedule at 90% CD showing the duration of construction activities, activity sequence, constraints, and agreed upon milestone dates. Schedule shall be developed and submitted with the GMP proposal. Long lead time materials and equipment shall be identified and addressed in the schedule.

Task 9 Deliverables: CM/GC shall prepare Preliminary Construction Schedule at 60% CD to the Owner who will distribute the draft to key partners for comments. Upon receipt of all comments, CM/GC shall update Preliminary Construction Schedule. At 90% CD CM/GC shall prepare a detailed Final Construction Schedule for review and approval by Owner.

Task 10: Construction Cost Estimating Provide the following Construction Cost Estimating services at 30%, 60% and 90% Construction Documents phase. Estimates will include Cost of the Work by Division of Work, lump sum General Conditions, Project Contingency and Fee. Any Allowances and Bid Alternates will be determined by the Owner.

The Design Team will be producing cost estimates at the same stages of completion as described above. The Design Team’s 30% cost estimate is provided in Exhibit L. Work with Owner, Design Team, and the Design Team’s Estimator to develop the common template and acceptable supporting information for the Project’s cost RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 13

estimating. Contractor will cooperate with the Design Team and Design Team Cost Estimator to reconcile cost estimates to the extent they vary from each other. If CM/GC Cost Estimate substantially varies more than 10% from Design Team and base project budget, CM/GC shall provide VE or other cost savings suggestions to bring cost estimate back into budget alignment.

Task 10 Deliverables: CM/GC at 30% Construction Documents shall provide a preliminary cost estimate by each major Division of Work; General Conditions, Project Contingency and Fee.

CM/GC at 60% Construction Documents shall provide a detailed cost estimate by each major Division of Work to include major line item details; General Conditions, Project Contingency and Fee.

CM/GC at 90% Construction Documents shall provide a detailed Final Cost Estimate by each major Division of Work to include major line item details; General Conditions, Project Contingency and Fee. Upon review and any subsequent negotiations, this Final Cost Estimate will be used to establish the GMP.

Task 11: Permits and Deferred Submittals Assist the Owner and Design Team in obtaining necessary permits identified as permits to be secured by Owner per General Conditions of the Contract.

Task 11 Deliverables: CM/GC shall provide permitting assistance, as needed, to Owner and Design Team.

Task 12: Preliminary Site Investigation Work The Contractor will complete preliminary site investigation tasks to assist in the confirmation of extents of scope and to assist in development of design details. The Contractor will work together with the City Project Manager and the Design Team to determine what specific site investigation work will best serve the project to reduce hidden conditions and associated risk. An Allowance of $30,000 shall be incorporated into the Proposed Cost to cover the site investigation work. Once the detailed scope of the site investigation work is determined, Contractor shall provide estimated costs for the work to Owner. Spending against the Allowance will be authorized in writing by the Owner.

Investigation work will build upon prior site investigation reports included as exhibits in this RFP. Investigation work will include, but is not limited to, the following: Civil: 1. Provide potholing to allow access to various underground utility pipes with equipment necessary to clear root intrusion and perform video inspection. 2. Provide selective demolition access (potholing or camera investigation) of existing trench drain grates to facilitate visual inspection of trench channel and quantify extent of repair.

Lighting: 1. Provide access and tracing as required to ascertain condition of existing luminaires and/or housings shown on drawings to be reused.

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 14

2. Indicate to Design Team on site plans which, if any, luminaires and/or housings are unacceptable for reuse, after confirming with Owner its parameters of acceptability. 3. Review condition of conduit and lighting conductors and feasibility to upgrade for underground conduit and conductors.

Electrical Circuits: 1. Ascertain feasibility of repairing non-functional site branch lighting and receptacle circuits by spot excavation, selective demolition, electronic tracing and/or some combination thereof. 2. Trace and verify all panel schedules are accurate. Locate, and indicate for Design Team use, any unusual conditions affecting ongoing system maintenance, safety and/or operability concerns including shared neutrals, missing GFCI protection, aging equipment, etc. 3. Render Contractor’s expert opinion on cost effectiveness of repairing vs. replacing malfunctioning site branch circuits for Owner and Design Team review and incorporation into final design.

Fountains: 1. Provide potholing to allow access to various underground pipes with equipment necessary to clear root intrusion and perform video inspection at the Source Fountain. 2. To enable investigation, clean the fountain structure of Ira Keller Fountain to determine the extents of repairs needed to concrete. a. Render Contractor’s expert recommendations for restoration of the concrete surfaces after the cleaning, as well as recommended phasing and costs so that a logical scope of work to implement during the Construction Services phase that fits within the Project budget can be determined and specified. Include recommended Patch Repair Techniques and Materials, Feasibility of Realkalization, Corrosion Inhibitors and Surface Coatings. b. Refer to Exhibit J - Project Validation Report for Lovejoy Fountain Rehabilitation, as a guideline for the type of site investigation and phased recommendations approach will be required for Ira Keller Fountain. The conservator subcontractor should be a Professional Associate and/or Fellow of the American Institute for Conservation of Historic and Artistic Works. 3. Investigate fountain controllers, pipes, mechanical and other equipment as to condition, maintenance and operational effectiveness. 4. Review condition of fountain structure, surge and trash collection devices.

Task 12 Deliverables: Provide reports, sketches, photos, videos or other data as necessary and as determined by the Contractor, Design Team and City will best portray useful information, to illustrate the findings and recommendations.

Task 13: Guaranteed Maximum Price In conformance with the Construction Procurement Plan, develop the Guaranteed Maximum Price (GMP) proposal for the Project based on 90% Construction Documents and in accordance with the General Conditions of the Contract. If

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 15

necessary, the City and CM/GC shall negotiate the direct cost of the construction in order to agree on a final GMP. Contract Award for the Phase II Construction Services is contingent on the City’s acceptance of the GMP.

Task 13 Deliverables: At 90% CD CM/GC shall submit a GMP Proposal to include: 1. List of all documents used to prepare the GMP. 2. List of any exclusions or clarifications not identified in Risk Allocation Matrix. 3. Final Schedule of Values for the work including Allowances, Bid Alternates, General Conditions Reimbursement, Construction Project Contingency & Fee. 4. Final Baseline Construction Schedule. 5. List of Key Project Staff. 6. Final Risk Responsibility Matrix. 7. Final List of General Conditions Reimbursement.

Task 14: GMP Contract Award & Execution Upon successful negotiations of the GMP Proposal and as part of Contract Award and Execution, CM/GC shall procure and furnish payment and performance bonds and shall procure all required insurance coverage and provide certificates, prior to execution of the construction contract.

Task 14 Deliverables: Contractor shall provide payment and performance bonds and insurance certificates.

Task 15: Public Information Program Support the City’s implementation of its Public Involvement Plan, Exhibit I, by following communications protocols and providing written or verbal information to be disseminated to stakeholders by the City as necessary. The Contractor shall identify one (1) Public Information Coordinator (PIC) with demonstrated communications experience and qualifications to coordinate dissemination of construction information to the Project Team for the general public.

Task 15 Deliverables: Contractor shall provide written and verbal information, as requested, for dissemination to stakeholders by the City.

Phase II - Construction Services Scope of Work

After successful negotiation of the GMP, execution of the Construction Services Contract and issuance of Notice to Proceed by the Owner, the Contractor shall be responsible for construction means, methods, sequencing, scheduling, coordination, selection and supervision of subcontractors, and self-performing a portion of the Work (collectively the “Construction Services”, per the Contract Documents).

Construction Services required of the Contractor generally include, but are not limited to, the services set forth below. Specific requirements are further detailed in the Contract Documents.

Task 1: Subcontractor Selection and Management Complete all buyouts of subcontractors to include but not limited to: solicit, select, and manage subcontractors for all elements of construction work identified by the CM/GC and approved by the Owner. 1. Establish subcontractors’ bidding schedule, scope, conditions, and bid divisions of work, prepare instructions to bidders, advertise for bid, distribute

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 16

bid documents, conduct subcontractor pre-bid conference, receive and tabulate subcontractors’ bids, evaluate bids for specification compliance, evaluate bids for award recommendation, award subcontracts. 2. Bid and purchase any long-lead items. 3. Implement the D/M/W/ESB Subcontractor and Supplier Plan and Workforce Training and Hiring Program (WFTH) Plan, as developed during the Pre-Construction Services phase efforts and approved by the City. 4. Establish programs for maintaining current job site records, labor relations, and D/M/W/ESB participation that meets the City’s requirements. 5. Identify a D/M/W/ESB Outreach Consultant/Manager to monitor and implement the programs. 6. Provide monthly status reports and attend monthly meetings to confirm program compliance.

Task 2: Trade Permits and Deferred Permit Work Obtain trade permits and deferred submittal work permits that are the responsibility of the Contractor per General Conditions of the Contract.

Task 3: Construction Project Management Plan & Ancillary Plans Implement the Construction Management Plan and Ancillary Plans developed during Pre-Construction Services phase activities.

Task 4: Submittals, Mock-Ups Provide all project submittals and Mock-Ups as required by the Contract Documents.

Task 5: Contractor Required Testing & Quality Control Implement all Contractor required testing & quality control.

Task 6: Temporary Facilities Provide project field office, temporary utilities necessary, site protection fencing and other site security measures, and construction staging area and requisite signage and protective measures.

Task 7: Construction of Improvements Construction of all capital improvements and other contracted Work as described in the contract documents.

Task 8: Weekly OAC Meetings & 3-Week Look Ahead Schedule Attend weekly Owner, Architect and Contractor construction meetings. Maintain and furnish 3-week look ahead schedule. Maintain updated as-built drawings and specifications on-site available for review upon request.

Task 9: Pay Applications & Reports Provide the following reports, as required: 1. Mid-month Payment Application 2. End of Month Pay Application with supporting documentation 3. Monthly BOLI Certified Payroll reports 4. Monthly DMWESB and WFTH utilization reports.

Task 10: CM/GC Services During Construction Provide all required CM/GC services during construction to include, but not limited to: Requests for Information, Proposal Requests, Project Contingency Requests, Change Orders, etc.

Task 11: Substantial Completion, Punchlist, and Liquidated Damages Furnish Owner notice of reaching Substantial Completion and complete all punchlist work as set forth in the Contract. The project shall be certified as Substantially RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 17

Complete by the Owner by the contractual Substantial Completion date; otherwise the Contractor will be assessed Liquidated Damages in an amount per day to be determined as part of the Construction Services Phase contract.

Task 12: Certificate of Occupancy/ Permit Close-Out Provide Certificate of Occupancy and/or all necessary work to close out all permits.

Task 13: Close-Out Submittals Coordinate and expedite the submittal of as-builts and record drawings, O&M manuals, training materials, and similar materials as required by the Contract Documents.

Task 14: Lessons Learned Meeting Participate in a Project Lessons Learned Meeting to capture what went well and what could be improved for all project partners to improve practices for future projects.

Task 15: Warranty Furnish Maintenance and Warranty Bond and provide associated services, per Contract Documents.

4. BUSINESS Proposers shall comply with all applicable federal, state, and local laws and COMPLIANCE regulations regarding all matters concerning this RFP and its contracts, including conducting business in the City of Portland before a contract award may be made, and agree they are currently in compliance with all tax laws. Proposers shall comply with Title VI of the Civil Rights Act of 1964 and its corresponding regulations.

The successful Proposer shall be responsible for the following:

Oregon Construction Contractors Board

Proposers must be licensed with the State of Oregon Construction Contractors Board (OCCB) in accordance with ORS 701.005 and any other specialty licensing as required in the RFP specifications prior to submitting a bid to the City. Proposer must have their OCCB license at the time of submitting this proposal in order for the proposal to be considered responsive. Per City Code 5.34.520(A) and (C), the City shall not consider a Proposer's proposal to do work as a Contractor, as defined in ORS 701.005(2), unless the Proposer has a current, valid license issued by the Construction Contractors Board at the time the proposal is submitted.

For information contact:

CONSTRUCTION CONTRACTORS BOARD 700 Summer St. NE, Suite #300 Salem, OR 97310 (503) 378-4621 Website: http://www.oregon.gov/ccb

Prevailing Wage Rates

All work on this project is subject to the State of Oregon Bureau of Labor and Industries (BOLI) Prevailing Wages Rates. The Prevailing Wage Rates for the construction work will be the rates in the BOLI publication titled “Prevailing Wage Rates for Public Works Contracts in Oregon”, including any applicable amendments, in effect at the time the Construction Services Agreement is fully executed, and which are hereby incorporated into this contract by this reference.

Copies of the current BOLI wage rates that will apply to the Work may be obtained RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 18

from the Bureau of Labor & Industries, 800 NE Oregon St. #32, Portland OR 97232, and phone (503) 731-4200. However, such rates may change before the construction contract is executed. As stated above, the applicable rates for construction are those in existence at the time the construction contract is executed.

The City of Portland is required to pay the Prevailing Wage Rate (PWR) fee directly to the Oregon Bureau of Labor and Industries. Therefore, Proposer acknowledges that this fee has not been included in their proposal amount for this project.

Every subcontract must provide that work on the project is subject to the State of Oregon Bureau of Labor and Industries Prevailing Wage Rates.

The Proposer awarded the contract is required to post a Public Works Bond with the Oregon Construction Contractors Board (OCCB) unless exempt prior to start of work on the project.

The Subcontractors awarded the contract are required to post a Public Works Bond with the Oregon Construction Contractors Board unless exempt prior to start of work on the project.

Certification as an EEO Affirmative Action Employer All Proposers must be certified as Equal Employment Opportunity Employers as prescribed in City Code 5.33.076. Details of certification requirements are available from Procurement Services, 1120 SW Fifth Avenue, Room 750, Portland, Oregon 97204, (503) 823-6855, website: http://www.portlandoregon.gov/brfs/27353.

Non-Discrimination in Employee Benefits (Equal Benefits) The successful Proposer must be in compliance with the City’s Equal Benefits Program as prescribed in City Code 5.33.077. Details of compliance requirements are available from Procurement Services, 1120 SW Fifth Avenue, Room 750, Portland, Oregon 97204, (503) 823-6855, website http://www.portlandoregon.gov/brfs/43774.

Business Tax Registration All Proposers must be in compliance with the City of Portland Business Tax Registration requirements as prescribed by Chapter 7.02 of the Code of the City of Portland. Details of compliance requirements are available from the Revenue Bureau License and Tax Division, 111 SW Columbia Street, Suite 600, Portland, Oregon 97201, (503) 823-5157, website: http://www.portlandoregon.gov/brfs/27353?

If Proposer currently has a City business tax registration and is EEO certified, include in the Cover Letter your firm’s City of Portland Business Tax Registration number as well as the Equal Employment Opportunity (EEO) confirmation statement.

5. PROJECT FUNDING The Proposal shall include a not-to-exceed cost for Pre-Construction Services and the CM/GC fee as a percentage of construction cost to perform the work irrespective of the City's budgeted funds for this work.

CM/GC Fee: The CM/GC Fee shall be the maximum sum payable to the General Contractor by the Owner for the General Contractor’s performance of all construction management, project management and administration services as defined herein and in the General Conditions. The CM/GC Fee shall be determined by applying the CM/GC fee percentage as identified in the proposal to the direct costs of the project including General Conditions Reimbursement and any authorized Bid Alternates.

In the appropriate location on the Certification and Contract Offer, state the CM/GC Fee as a percentage for which your firm would contract to perform this Project. The RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 19

percentage so stated in your proposal shall be the maximum allowable contractual markup on the direct cost of the work if your firm is awarded the construction contract.

The CM/GC Fee shall be composed of those items stated in the General Conditions and nothing else.

The funding budgeted for the combined Pre-Construction and Construction phases is approximately $2.1 million.

The GMP Proposal shall include the true estimated cost to perform the work irrespective of the City's budgeted funds for this work.

If the City and the CM/GC are unable to agree on the terms of a final construction contract or if the project does not proceed to construction for any reason beyond the control of the CM/GC, then the CM/GC shall be reimbursed for the actual costs of providing the services during the pre-construction services phase, in an amount not- to-exceed the amount proposed in response to this RFP.

6. TIMELINE FOR The following dates are proposed as a timeline for this project: SELECTION • Request for Proposal posted May 4, 2017 • Pre-Proposal Meeting at 1:30 p.m. May 18, 2017 • Written proposals due at 4:00 p.m. May 31, 2017 • Interviews, if deemed necessary Week of June 19 – 23, 2017 • Notice of Intent to Award June 30, 2017 • Contracting Process Sep-Nov 2017 • Notice to Proceed for Pre-Construction Services Nov 2017

The City reserves the right to make adjustments to the above noted schedule as necessary.

7. PROJECT INFORMATION Project Data and Documents are attached as Exhibits to this RFP.

The Proposer is NOT expected to develop competitive bids or a detailed cost estimate on the information available in its response to this RFP. Detailed review of the existing drawings and specifications and development of a detailed cost estimate and schedule will be the first priority of the successful Proposer.

SECTION B CM/GC SERVICES

1. PRE-CONSTRUCTION The intent of the CM/GC form of contracting is to establish a working relationship AND CONSTRUCTION based on mutual trust and collaboration between the Contractor, Owner, and Design SERVICES Team. The Portland Open Space Sequence Restoration Project will be an “Open Book” job, whereby the City Project Management team may attend any and all meetings and bid openings relating to the Project and have access to any and all books, accounts and records relating to the Project and will provide overlapping project and construction management activities.

Phase I - Pre-Construction Services Phase: The selected CM/GC will provide pre- construction services for the Project as set forth in Part I, Section A.3.

Phase II - Construction Services Phase: The selected CM/GC will provide Construction Services as set forth in Part I, Section A.3., provided a GMP Contract is successfully negotiated.

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 20

The CM/GC shall provide a comprehensive, turn-key scope of services from beginning to end of project. It is required that the CM/GC have advanced skills in construction management and construction services for a variety of site and fountain improvements, including: fountain mechanical renovations, concrete and masonry restoration, replacement of lighting and electrical components and electrical conduits embedded within concrete walls and fountain structures, Americans with Disabilities Act (ADA) improvements to remove trip hazards and add handrails, and stormwater improvements.

2. WORK PERFORMED BY The City shall make available sufficient hours of staff personnel as is required to meet THE CITY with the CM/GC and provide such information as required. The City has assigned a Project Manager to oversee the Contractor’s and Design Team’s work and to provide support as needed. Specific duties the City will perform include the following: (See also GM/GC & Owner Team Roles and Responsibilities Table, Exhibit G.)

PHASE I: Design, Permitting and Contract Documents

TASK # OWNER TASK DESCRIPTION Task O -1.0 Establish Project Scope and Budget. With Halprin Landscape Conservancy and the Design Team, develop the initial project scope and establish the preliminary budget. Task O -1.1 Design Team Contract. Lead and manage the Design Team contracting process for 30% design through close out. • Develop scope of work with on-call contract design team • Task order negotiation • Prepare and issue the Design Team task order Task O -1.2 CM/GC Selection and Contract. Lead and manage the CM/GC selection process. • Write the RFP • Issue the RFP • Evaluate and award to the successful Proposer with assistance from Procurement • Contract negotiation • Prepare and issue the CM/GC contract Task O -1.3 Relevant Materials. Provide copies of materials relevant to the Project to the Design Team and CM/GC, such as: • All available studies and investigation data • Plans and previous surveys, if any • Technical reports • Schematics • Proposed schedules • Public involvement plan • CAD files if any • PP&R General Conditions and Specification Standards • PP&R CAD standards • PP&R Survey standards • Some PP&R Specifications Sections • PP&R As-Built & Record Drawing Standards

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 21

Task O -1.4 Work Plan. Review of the Design Team’s and CM/GC’s work plan based upon relevant Project materials. City will use the work plan, in part, to manage the Contract with the successful Proposer. Task O -1.5 Monitor project budget, scope, schedule. Monitor project scope versus budget and adjust/refine them accordingly. Monitor project schedule. Task O -1.6 Reviews. Review and provide input to the Design Team and CM/GC on the design and construction documents, reports, etc. Task O -1.7 Staff and Stakeholder Reviews. Coordinate internal staff and stakeholder plan reviews and review meetings, and provide input to the Design Team and CM/GC on the design and construction documents. Task O -1.8 Cost Estimate Review. Review the cost estimates provided by the Design Team and CM/GC during design and construction document development and provide feedback. Task O -1.9 Permit Facilitation. Facilitate the submittal process for the City’s Land Use Permit and Site Development/Building/Tree Permits. Review permit check sheets, and review Design Team’s and CM/GC’s responses prior to resubmittal to permitting agency. Assist Design Team and CM/GC with necessary information and help facilitate gaining approvals from other government entities, including the City of Portland bureaus, the State of Oregon and the Federal government. Task O - Permit Fees. Pay for land use and site development, building, 1.10 and tree permit review and permit fees. Task O - QC Program and Decision Processes. With CM/GC and A/E, 1.11 establish quality control program and processes including making final decisions on components, materials and systems. Task O - GMP. Lead and manage the CM/GC GMP negotiations. Prepare 1.12 and issue the contract documents. Finalize the GMP Contract. Task O - Contract Management. Oversee and manage the contracts with 1.13 the Design Team and CM/GC including issuing payments, approval of change orders and approval of change directives. Task O - Team Meetings. Meet with the Halprin Landscape Conservancy, 1.14 Design Team and CM/GC throughout the design phase. Meet with the Design Team and CM/GC weekly during construction. Task O - RFIs. Review and reply to requests for information (RFIs). 1.15 Task O - Public Outreach. Implement the Public Involvement Plan and 1.16 public outreach program with support from the Halprin Landscape Conservancy and CM/GC.

PHASE II: Construction Oversight including Quality Control and Assurance

TASK # CITY (OWNER) TASK DESCRIPTION Task O -2.0 Contract Management. Oversee and manage the contracts with the Design Team and CM/GC including payment application RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 22

review, issuing payments, approval of change orders and approval of change directives. Task O -2.1 Project Status Updates. Provide monthly updates to PP&R management staff and Halprin Landscape Conservancy on scope, costs versus budget and schedule. Task O -2.2 Construction Management. Provide Owner’s construction management. Meet with the stakeholders, Design Team and CM/GC. Task O -2.3 Liaison. Serve as a liaison with PP&R staff, other City staff and Halprin Landscape Conservancy to assure contract compliance and intended outcomes. Serve as liaison with stakeholders to resolve conflicts with construction traffic, staging areas, site access, security, safety, parking, noise/dust, and daily City operational concerns. Work with the Design Team and CM/GC to resolve stakeholder concerns and issues. Task O -2.4 Project Team Meetings. Attend the Project meetings with the Design Team, CM/GC, and Halprin Landscape Conservancy representatives. Task O -2.5 Construction Communication Protocol. Work with the Contractor and Design Team to develop a detailed Communication Protocol Plan to describe accepted lines and methods of communication, including the submittal and response procedures and timeline for each type of construction paperwork. Task O -2.6 PP&R Maintenance Staff Construction. Manage and coordinate the PP&R maintenance staff work tasks relevant to the Project. Task O -2.7 Construction QA/QC. Manage the quality assurance with the assistance of the Design Team and CM/GC. Provide regulatory special inspectors as required by the permits, as well as testing required by Owner. Task O -2.8 Project Close Out Procedures. Review and approve the Project closeout items and punch lists with the CM/GC and establish the final closeout and payment of the contracts. Task O -2.9 Substantial and Final Completion. Certify Substantial Completion and manage the contract closeout processes with the Design Team and CM/GC.

3. WORK PERFORMED BY The Project Design Team, under contract with the City, will perform the following work THE PROJECT related to this CM/GC project; reference Exhibit H - Design Team Contract. See also DESIGNERS GM/GC & Owner Team Roles and Responsibilities Table, Exhibit G.

4. DELIVERABLES AND Deliverables shall be considered those tangible resulting work products that are to SCHEDULE be delivered to the City such as draft documents, data, interim findings, drawings, schematics, training, meeting presentations, final drawings, reports, and as built drawings. The successful Proposer is encouraged to provide any deliverables in accordance with the City’s Sustainable Paper Use Policy. The policy can be viewed at: http://www.portlandoregon.gov/brfs/37732.

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 23

At a minimum, Deliverables and schedule for this project shall include:

Phase I - Pre-Construction Services Phase: The selected CM/GC will provide pre- construction deliverables as set forth in Part I, Section A.3.

Phase II - Construction Services Phase: The selected CM/GC will provide Construction deliverables as set forth in Part I, Section A.3., provided a GMP Contract is successfully negotiated.

All deliverables and resulting work products from this contract will become the property of the City of Portland.

All dates are subject to change, but major milestones of the schedule include: Start Pre-Construction Services Nov 2017 60% Construction Documents Feb 2018 Historic Resources Land Use Review May 2018 90% Construction Documents Jun 2018 Guaranteed Maximum Price Process Begins Jun 2018 Site Development/Building/Tree Permits Submitted Jun 2018 100% Construction Documents Aug 2018 Site Development/Building/Tree Permits Received Sep 2018 Guaranteed Maximum Price Process Completed Sep 2018 Construction Notice to Proceed Sep 2018 Substantial Completion Jun 2019 Punchlist Completion Jul 2019 Project Close-Out Oct 2019

4. DELIVERABLES AND Deliverables shall be considered those tangible resulting work products that are to SCHEDULE be delivered to the City such as draft documents, data, interim findings, drawings, schematics, training, meeting presentations, final drawings, reports, and as built drawings. The successful Proposer is encouraged to provide any deliverables in accordance with the City’s Sustainable Paper Use Policy. The policy can be viewed at: http://www.portlandoregon.gov/brfs/37732.

At a minimum, Deliverables and schedule for this project shall include:

Phase I - Pre-Construction Services Phase: The selected CM/GC will provide pre- construction deliverables as set forth in Part I, Section A.3.

Phase II - Construction Services Phase: The selected CM/GC will provide Construction deliverables as set forth in Part I, Section A.3., provided a GMP Contract is successfully negotiated.

All deliverables and resulting work products from this contract will become the property of the City of Portland.

All dates are subject to change, but major milestones of the schedule include: Start Pre-Construction Services Nov 2017 60% Construction Documents Feb 2018 Historic Resources Land Use Review May 2018 90% Construction Documents Jun 2018 Guaranteed Maximum Price Process Begins Jun 2018 Site Development/Building/Tree Permits Submitted Jun 2018 100% Construction Documents Aug 2018 Site Development/Building/Tree Permits Received Sep 2018 Guaranteed Maximum Price Process Completed Sep 2018 Construction Notice to Proceed Sep 2018 RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 24

Substantial Completion Jun 2019 Punchlist Completion Jul 2019 Project Close-Out Oct 2019

5. PLACE OF Work sites: PERFORMANCE • Ira Keller Fountain Park bounded by SW Clay Street, SW 3rd Avenue, SW Market Street, and SW 4th Avenue • Pettygrove Park bounded by SW Mill Street pedestrian mall, SW 2nd Avenue pedestrian mall, SW Montgomery Street pedestrian mall, and SW 3rd Avenue pedestrian mall • Lovejoy Fountain Park bounded by SW Hall Street pedestrian mall, SW 2nd Avenue pedestrian mall, SW College Street pedestrian mall, and SW 3rd Avenue pedestrian mall • The Source Fountain just north of SW Lincoln Street along the SW 2nd Avenue pedestrian mall

6. PERIOD OF The City anticipates having the selected CM/GC begin providing Pre-Construction PERFORMANCE services upon pre-construction contract execution and issuance of the Notice to Proceed. Pre-construction services shall continue through the completion of the Project's final design and permitting. Upon completion of design and upon successful negotiation of the construction cost and execution of the Contract for the Construction services, a Notice to Proceed will then be issued for construction services, which are anticipated to begin in September 2018. It is anticipated that the construction will be complete in June 2019.

Proposals containing earlier completion of the CM/GC's work are acceptable and encouraged.

7. ACH PAYMENTS It is the City’s policy to pay its vendor invoices via electronic funds transfers through the automated clearing house (ACH) network. To initiate payment of invoices, vendors shall execute the City’s standard ACH Vendor Payment Authorization Agreement which is available on the City’s website at: http://www.portlandoregon.gov/brfs/article/409834. Upon verification of the data provided, the Payment Authorization Agreement will authorize the City to deposit payment for services rendered directly into vendor accounts with financial institutions. All payments shall be in United States currency.

8. PUBLIC SAFETY Public safety may require limiting access to public work sites, public facilities, and public offices, sometimes without little advance notice. Proposers shall anticipate delays in such places and include the cost of delay in the costs in its proposal.

The CM/GC’s employees and agents shall carry sufficient identification to show by whom they are employed and display it upon request by security personnel. City project managers have discretion to require the CM/GC’s employees and agents to be escorted to and from any public office, facility, or work site if national or local security appears to require it.

The CM/GC shall protect and maintain all designated work areas during the entire construction process. Protection of all designated work areas may include, but is not limited to, installation of fencing, cabling or other preventative measures to reduce non-permitted use of the designated work area The CM/GC shall be responsible for any and all damage resulting from improper use, damage, or vandalism prior to

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 25

Owner’s Acceptance of the project. CM/GC shall work with the City to develop a construction plan that addresses security of critical areas.

9. INSURANCE The successful Proposer shall obtain and maintain in full force, and at its own expense, throughout the duration of Phase I - Pre-Construction Services contract and any warranty or extension periods, the required insurances identified below. The City reserves the right to require additional insurance coverage as required by statutory or legal changes to the maximum liability that may be imposed on Oregon cities during the term of the contract. Successful Proposer shall be able to provide evidence that any or all subcontractors performing work or providing goods or services under the contract have the same types and amounts of insurance coverage as required herein or that the subcontractor is included under the Successful Proposers policy.

Workers Compensation Insurance: Successful Proposer shall comply with the workers' compensation law, ORS Chapter 656 and as it may be amended. Unless exempt under ORS Chapter 656, The Successful Proposer and any/all subcontractors shall maintain coverage for all subject workers for the entire term of the contract including any contract extensions.

Commercial General Liability Insurance: Successful Proposer shall have Commercial General Liability (CGL) insurance covering bodily injury, personal injury, property damage, including coverage for independent successful Proposer’s protection (required if any work will be subcontracted), premises/operations, contractual liability, products and completed operations, in per occurrence limit of not less than $1,000,000, and aggregate limit of not less than $2,000,000. It shall provide that the City of Portland, and its agents, officers, and employees are Additional Insured but only with respect to the CM/GC's services to be provided under this Contract:

Automobile Liability Insurance: Successful Proposer shall have automobile liability insurance with coverage of not less than $1,000,000 each accident, and an umbrella or excess liability coverage of $2,000,000. The insurance shall include coverage for any auto or all owned, scheduled, hired and non-owned auto.

Professional Liability & Errors & Omissions Insurance: Successful Proposer shall have Professional Liability and/or Errors & Omissions insurance to cover damages caused by negligent acts, errors or omissions related to the professional services, and performance of duties and responsibilities of the Successful Proposer under this contract in an amount with a combined single limit of not less than $1,000,000 per occurrence and aggregate of $3,000,000 for all claims per occurrence. In lieu of an occurrence based policy, Successful Proposer may have claims-made policy in an amount not less than $1,000,000 per claim and $3,000,000 annual aggregate, if the Successful Proposer obtains an extended reporting period or tail coverage for not less than three (3) years following the termination or expiration of the Contract.

Additional Insurance: Any insurance required by Federal Law or State Statute or City Code; such as Bailees Insurance, Maritime Coverage, Railroad Insurance, or other coverage(s).

Additional Insured: The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers’ Compensation, shall be without prejudice to coverage otherwise existing, and shall name the City of Portland and its RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 26

bureaus/divisions, officers, agents and employees as Additional Insureds, with respect to the Successful Proposer’s activities to be performed, or products or services to be provided. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured.

Continuous Coverage; Notice of Cancellation: The Successful Proposer agrees to maintain continuous, uninterrupted coverage for the duration of the Contract. There shall be no termination, cancellation, material change, potential exhaustion of aggregate limits or non-renewal of coverage without thirty (30) days written notice from Successful Proposer to the City. If the insurance is canceled or terminated prior to completion of the Contract, Successful Proposer shall immediately notify the City and provide a new policy with the same terms. Any failure to comply with this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract.

Certificate(s) of Insurance: Successful Proposer shall provide proof of insurance through acceptable certificate(s) of insurance and additional insured endorsement forms(s) to the City prior to the award of the Contract if required by the procurement documents (e.g., request for proposal), or at execution of Contract and prior to any commencement of work or delivery of goods or services under the Contract. The Certificate(s) will specify all of the parties who are endorsed on the policy as Additional Insureds (or Loss Payees). The insurance coverage required under this Contract shall be obtained from insurance companies acceptable to the City of Portland. The Successful Proposer shall pay for all deductibles and premium, self-insured retentions and/or self-insurance. The City reserves the right to require, at any time, complete, certified copies of required insurance policies, including endorsements evidencing the coverage required.

Additionally, for Phase II – Construction Services, the successful Proposer shall obtain, at its own expense, the minimum insurance coverage described in the General Conditions (Exhibit C), Section 1.10 (G) Insurance, and maintain that coverage until Final Acceptance of the entire Project.

10. BONDING Performance and Payment Bonds The forms for the Performance Bond and the Payment Bond, to be executed by the successful Proposer for the Work and delivered to the City prior to the execution of the construction services contract, are the standard forms of the City of Portland, Oregon. Such forms, incorporated into these RFP Documents by reference only and not physically contained herein, may be reviewed by prospective Bidders at Procurement Services, City of Portland, 1120 SW 5th Avenue, Room 750, Portland, Oregon, 97204, phone (503) 823-5047.

The Bonds, in an amount equal to one hundred percent (100%) of the Contract Sum, shall be satisfactory to the City and shall be executed by a corporate surety licensed to do business in the State of Oregon. The attorney in fact who executed the Bonds on behalf of the surety shall affix thereto a certified and current copy of his power of attorney and shall indicate the monetary limit of such power.

11. INCORPORATION OF Proposer shall incorporate all applicable provisions of the General Conditions of the GENERAL CONDITIONS Contract for CM/CG Contracts (Exhibit C) into their proposal.

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 27

SECTION C EXHIBITS

1. INDEX Exhibit A CM/GC Disadvantaged, Minority, Women and Emerging Small Business Subcontractor and Supplier Plan Exhibit B Workforce Training and Hiring Program Exhibit C General Conditions of the Contract for CM/GC Projects Exhibit D Sample Pre-Construction Services Contract Exhibit E Sample Construction Contract Exhibit F Assignment of Anti Trust Rights Exhibit G CM/GC & Owner Team Roles and Responsibilities Table Exhibit H Design Team Contract Exhibit I Public Information Plan Exhibit J Project Validation Report for Lovejoy Fountain Rehabilitation Exhibit K Anticipated Project Schedule Exhibit L 30% Cost Estimate Exhibit M 30% Specification Table of Contents Exhibit N 30% Construction Drawings

2. SAMPLE CONTRACT The Pre-Construction Services Contract and the Construction Services Contract are the City’s standard contracts and will be used as a result of this selection process.

The selected CM/GC will enter into a Pre-Construction Services Contract for the Portland Open Space Sequence Restoration Project, substantially in accordance with Exhibit D, which indicates the terms and conditions of that contract.

3. PROJECT DATA The following documents are available: See Part I, Section C. 1. Exhibits.

SECTION D PROPOSAL FORMS

1. NAME OF FORM The following forms must be completed and submitted with your proposal:

A. Certification and Contract Offer B. Receipt of Addenda C. Non-Collusion Affidavit

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 28

PART II PROPOSAL PREPARATION AND SUBMITTAL

SECTION A PRE-PROPOSAL MEETING / CLARIFICATION

1. MANDATORY PRE- In order to submit a proposal, prospective Proposers must attend a mandatory pre- PROPOSAL MEETING proposal meeting with City staff and key project team members on Thursday, May 18, 2017, at 1:30 p.m. starting at Ira Keller Fountain at SW Third & Clay Streets, Portland, OR 97204.

The purpose of the pre-proposal meeting is for Proposers to ask questions of the City and its Project Designers in order to assist the Proposers in the preparation of their Proposals. If a question highlights a discrepancy, error or confusion regarding the Request for Proposals, the City will note the issue and address it in the form of an Addendum to the Request for Proposals for issuance to all RFP holders. The Pre-proposal meeting will not be factored into the proposal evaluation process.

Proposals received from Proposers who do not attend will not be considered and will be returned to the Proposer.

2. PROPOSAL Questions and requests for clarification regarding this Request for Proposal must be CLARIFICATION directed in writing, via email or fax, to the person listed below at least seven (7) business days prior to the proposal due date. An addendum will be issued no later than 72 hours prior to the proposal due date to all recorded holders of the RFP if a substantive clarification is in order.

Celeste King, Construction Supervisor Procurement Services 1120 SW Fifth Avenue, Room 750 Phone: (503) 823-4044 Portland, Oregon 97204 Fax: (503) 865-3455

SECTION B PROPOSAL SUBMISSION

1. PROPOSALS DUE Sealed proposals must be received no later than the date and time, and at the location, specified on the cover of this solicitation. The outside of the envelope shall plainly identify the subject of the proposal, the RFP number, and the name and address of the Proposer. It is the Proposer’s responsibility to ensure that proposals are received prior to the specified closing date and time, and at the location specified. Proposals received after the specified closing date and/or time shall not be considered and will be returned to the Proposer unopened. The City shall not be responsible for the proper identification and handling of any proposals submitted to an incorrect location.

2. PROPOSAL Submit one (1) unbound, print-ready hard copy original (two sided), seven (7) additional bound printed copies (two sided), one (1) MS Word or PDF format copy on CD disk or flash drive, and one (1) redacted copy (if applicable). The entire proposal submittal must be received at the place and on or before the time and date specified on the cover page of this RFP document. Proposals must be clear, succinct and not exceed fifteen (15) pages. 11x17 size pages count as two (2) pages. Proposal cover letter, section dividers, title page, and table of contents do not count in the overall page count of the proposal. Proposers who submit more than the pages indicated may not have the additional pages of the proposal read or considered.

The following information will not be included in the page count:

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 29

a. Resumes. Resumes shall be grouped under a separately tabbed section of the Proposal. b. Proposal Forms. c. Supporting Information, as described in Part II, Section C.9.

REDACTION FOR PUBLIC RECORDS: Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of ORS 192.501(2), ORS 192.502(4) and/or ORS 646.461 et seq. Proposers are required to submit a redacted copy of their proposal and all attachments if the Proposer claims any portion is exempt from disclosure requirements. “Redaction” means the careful editing of a document to obscure confidential references; a revised or edited document thereby obscuring the exempt information but otherwise leaving the formatted document fully intact. The redacted copy must be a complete copy of the submitted proposal, in which all information the Proposer deems to be exempt from public disclosure has been identified. If no redactions are requested in a proposal, Proposers are to state that clearly in the Cover Letter section of their proposal.

When preparing a redaction of your proposal submission, a proposer must plainly mark the redactions by obscuring the specific areas your firm asserts are exempt from public disclosure. In addition, a summary page identifying the pages where redactions occur shall be included with the proposal submission (summary is not included in page limitations. If a proposer fails to submit a redacted copy of their proposal as required, the City may release the proposer’s original proposal without redaction. If the entire proposal is marked as constituting a “trade secret” or being “confidential”, at the City’s sole discretion, such a proposal may be rejected as non-responsive.

Unless expressly provided otherwise in this RFP or in a separate written communication, the City does not agree to withhold from public disclosure any information submitted in confidence by a proposer unless the information is otherwise exempt under Oregon law. The City agrees not to disclose proposals until the City has completed its evaluation of all proposals and publicly announces the results.

Please refer to the GENERAL INSTRUCTIONS AND CONDITIONS for more information about confidential information within public records.

Proposer shall provide section tabs that correspond directly to the Organization of the Proposal as specified in the following Section 3, Organization of Proposal.

For purposes of review and in the interest of the City's Sustainable Paper Use Policy and sustainable business practices in general, the City encourages the use of submittal materials (i.e. paper, dividers, binders, brochures, etc.) that contain post-consumer recycled content and are readily recyclable. The City discourages the use of materials that cannot be readily recycled such as PVC (vinyl) binders, spiral bindings, and plastic or glossy covers or dividers. Alternative bindings such as reusable/recyclable binding posts, reusable binder clips or binder rings, and recyclable cardboard/paperboard binders are examples of preferable submittal materials. Proposers are encouraged to print/copy on both sides of a single sheet of paper wherever applicable; if sheets are printed on both sides, it is considered to be two pages. Color is acceptable, but content should not be lost by black-and-white printing or copying.

All submittals will be evaluated on the completeness and quality of the content. Only those Proposers providing complete information as required will be considered for evaluation. The ability to follow these instructions demonstrates attention to detail.

3. ORGANIZATION OF Proposers must provide all information as requested in this Request for Proposal (RFP). PROPOSAL Responses must follow the format outlined in this RFP. Additional materials in other formats or pages beyond the stated page limit may not be considered. The City may RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 30

reject as non-responsive at its sole discretion any proposal or any part thereof, which is incomplete, inadequate in its response, or departs in any substantive way from the required format. Proposal responses shall be organized in the following manner:

1. Cover Letter (not included in page total) 2. Project Team 3. Proposer’s Capabilities 4. Project Approach and Understanding 5. Community Relations 6. Corporate Responsibility 7. Proposed Pre-Construction Services Cost 8. Proposed CM/GC Fee 9. Proposal Forms 10. Supporting Information

SECTION C EVALUATION CRITERIA

1. COVER LETTER By submitting a response, the Proposer is accepting the General Instructions and Conditions of this Request for Proposal, the Standard Contract Provisions of the Pre- Construction contract and the Construction Services contract.

The Cover Letter must include the following: • RFP number and project title • Name(s) of the person(s) authorized to represent the Proposer in any negotiations • Name(s) of the person(s) authorized to sign any contract that may result • Contact person’s name, mailing or street addresses, phone and fax numbers and email address • Oregon Construction Contractors Board License Number • Acknowledgement of all Addenda received for this project • Your firm’s per project and aggregate bonding capacity • Statement if redactions are requested

Note: As requested in the Cover Letter, the Proposer(s) Oregon Construction Contractors Board License must be obtained prior to submittal of the RFP response. A current City of Portland Business License is also required for this project and must be obtained from the City Bureau of Licenses prior to signing of a contract.

A legal representative of the Proposer, authorized to bind the Proposer in contractual matters must sign the Cover Letter.

The Cover Letter will also include a short narrative describing the respondent’s understanding of the scope of work and their overall vision for the successful project completion.

If your firm currently has a business license and is EEO certified, include in the Cover Letter your firm’s City of Portland Business License number as well as the Equal Employment Opportunity (EEO) expiration date.

2. PROJECT TEAM Describe in detail the Proposer’s proposed project team. At a minimum, address the following: • Identify the project manager, general superintendent, field engineer, estimator, diversity manager and other key personnel proposed for the project, and provide a detailed description of their related experience and qualifications. • Describe commitments of key personnel for the past 12 months and projected through mid-2019 with anticipated workload for the Project. Confirm the ability RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 31

to commit these personnel for the duration of the Project. • The Contractor shall identify one (1) Public Information Coordinator (PIC) with demonstrated communications experience and qualifications to coordinate construction information with the project Team and the general public. • Identify specific responsibilities of all key staff, at both the field and office level. • Attach resumes for all key personnel, including PIC identified above. • Provide at least two (2) references for each individual proposed.

3. PROPOSER’S Describe the Proposer’s Team’s experience with the construction of similar projects. CAPABILITIES Limit the summary to a maximum of three (3) recent and relevant projects. The range of relevant projects shall include direct general contracting experience in the following core characteristics: • Skilled historic restoration of a variety of site and fountain elements • Fountain systems mechanical engineering renovation • Skilled concrete and masonry restoration, patching, replacement and matching flatwork and vertical fountain wall surfaces performed by a qualified Conservator who is a Professional Associate and/or Fellow of the American Institute for Conservation of Historic and Artistic Works. • Custom concrete fabrication of various original custom signature design components • Expertise in restoring electrical systems and replacing electrical components and conduits embedded within concrete walls and fountain structures • Safety and Accessibility (ADA) Improvements • Expertise in landscape and irrigation system installation in densely treed urban conditions • High-profile public park/plaza installation or rehabilitation work in limited access, complex urban environments; and • CM/GC delivery for high-profile public projects

The description should address how the experience is relevant to the Project and how the Proposer performed relative to providing pre-construction services, budget, schedule, change orders, claims and disputes, and overall project management, as well as establishment, monitoring, and maintenance and lessons learned. Additionally, the description should address the Proposer’s approach to preserving design intent; staging, sequencing, and public information protocols during construction of the example projects. Provide a reference for each project including name, title, address and phone number.

Include in the Proposal information related to the following:

Workload: Describe current and future workload as a percentage of Proposer’s total bonding capacity. Compare aggregate construction cash flow for the past 12 months and projected through the duration of the Project with anticipated cash flow for the Project.

Firm safety experience: Provide a specific description of Proposer’s safety and drug and alcohol programs and its most recent Workers Compensation Insurance experience modifier.

Public safety plan: For the Project, identify the Proposer’s proposed plan and approach to incident-free management of public safety risks.

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 32

4. PROJECT APPROACH Describe in detail the Proposer’s approach to providing the desired services for the AND UNDERSTANDING Project. In the proposal, at a minimum, address the following:

• Describe the plan for providing the Pre-Construction Services. • Describe potential measures to control project costs during design and what steps to take to minimize change orders, claims and disputes? • Describe some of the major issues of constructability of the project, and outline steps to address each issue. • How will the Contractor guarantee that the GMP will be achieved as required? Discuss optimum time for establishing the GMP. • Provide a detailed description of the Proposer’s approach to overall management and integration of all activities required by the scope of work, including the management objectives and techniques that demonstrate how the work requirements will be met. • Outline proposed construction methods; materials; sequencing of construction tasks. Describe the approach when dealing with the requirements associated with weather restrictions and residential/business/visitor impacts during construction. • Outline your approach for sub-bidding and selection of subcontractors. • Describe how your approach supports City goals related to green design, construction waste diversion, diesel emissions reduction, and Salmon Safe construction site practices.

5. COMMUNITY The Portland Open Space Sequence is located downtown and within a thriving business RELATIONS and residential community. There will be several large construction projects in the area at the same time. PP&R is sensitive to the surrounding and businesses and residences, as well as pedestrian, bicycle and vehicular circulation. It is critical that the selected CM/GC be aware that throughout the construction of the Project, the CM/GC will need to make every effort to minimize the impacts of the construction activities by adjusting work schedules or work staging to accommodate activities of the surrounding businesses, residences and the travelling public, if required. The CM/GC will also be required to cooperate in the implementation of the Public Information Plan and keep the City’s Project Manager, Design Team, and the surrounding property owners and businesses informed of all construction activities.

Provide a description of Proposer’s plan for staging and phasing to address the need to minimize impacts of construction. Also, describe Proposer’s approach to keeping nearby businesses, residences and the travelling public informed of work activities and approach to supporting implementation of the Public Information Plan.

6. CORPORATE Through the adoption of The Portland Plan, the Social Equity Contracting Strategy, and RESPONSIBILITY Sustainable Procurement Policy, the Portland City Council has shown its commitment to contracting with socially and environmentally responsible businesses. The City values and supports diversity and is dedicated to advancing equity in public contracting by increasing opportunities for State of Oregon certified Minority, Women and Emerging Small Business enterprises (“D/M/W/ESB”).

All Proposers shall address the following in their proposals:

a. Oregon State Certification / Opportunity Partnership The Social Equity Contracting Strategy promotes D/M/W/ESB economic growth and encourages partnering and mentoring between large and small D/M/W/ESB firms on City contracts. Therefore, points are allocated to those CM/GC Proposers who are RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 33

currently certified in the State of Oregon as a D/M/W/ESB or who submit an Opportunity Partnership.

For purposes of this RFP, an “Opportunity Partnership” shall be defined as any joint- venture or teaming agreement between a General Contractor and an Oregon State Certified D/M/W/ESB (“Opportunity Contractor”) provided that: 1) the terms of the Joint-Venture business entity or teaming agreement ensure that each party shares in the profits and losses and has a voice in controlling the project proportional to the division of work between the General Contractor and the Opportunity Contractor; 2) that the Opportunity Contractor performs work on this project in a General Contractor role, in addition to any trade-specific scope of work it self-performs for separate compensation; and 3) the General Contractor provides mentoring to the Opportunity Contractor to gain knowledge and experience that is not commonly passed on through a General Contractor/Subcontractor relationship. The City shall be named as a third-party beneficiary in any teaming agreement between the General Contractor and Opportunity Contractor for work on the project.

Please indicate in your response if your firm is currently certified in the State of Oregon as a DBE, MBE, WBE, or an ESB, or is submitting an Opportunity Partnership. If submitting an Opportunity Partnership, provide the names and State certifications of the firms making up the joint venture or entering into the teaming agreement, the relationship with regard to this project, how the work will be distributed between the parties, and the division of compensation between the parties.

b. Disadvantaged, Minority, Women, and Emerging Small Business Contracting The City has adopted an aspirational goal of twenty percent (20%) of Hard Construction Costs for D/M/W/ESB subcontractor utilization on projects subject to the Program (the “Aspirational Goal”); within the Aspirational Goal, a further goal of 14% D/M/WBE utilization is desired. The City encourages Contractors to diversify their D/M/W/ESB subcontractor utilization from all available divisions of work.

Hard Construction Costs means the cost to build improvements on a property, including all related construction labor and materials, including fixed and built-in equipment costs. Costs not directly related to the construction of an improvement, such as overhead, administration or taxes, or other professional services shall not be considered as part of the Hard Construction Costs for the Construction Services phase of the Project, the Proposer is to state (estimated in total dollars) its proposed utilization goal for D/M/W/ESBs along with the divisions of the Work in which it intends to subcontract.

i) Describe your approach for developing and implementing a D/M/W/ESB Subcontractor and Supplier Plan such that subcontracting opportunities (including, suppliers, manufacturers and services) are identified for the following: • State certified D/M/W/ESB and

• Non-certified subcontractors. The program plan approach and description must, at a minimum, address the following: • Utilization goal (estimated in total dollars) for minority-owned, women-owned and emerging small business participation on the project. • Approach and methodology for identifying subcontracting opportunities (including suppliers, manufacturers and services) that can be determined for each subcontractor class referenced above. • How outreach will be conducted to inform these contractors of opportunities,

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 34

schedules, solicitations, etc. • Any mentoring, technical and bonding assistance to be made available to D/M/W/ESB subcontractors. • Any financial assistance, including bonding, prompt pay and/or other forms of financial assistance that increases D/M/W/ESB subcontractor’s capacity and capability for maximum participation. • Name, experience and qualifications of the personnel assigned to and responsible for the successful development and implementation of the plan. • Approach to developing a successful Workforce Training and Hiring Program that meets the requirements contained in Exhibit B. • Anticipated divisions of work to be subcontracted.

Proposers are directed not to identify potential construction subcontractors in their response to this RFP. The Subcontractor and Self-Perform Work List included in Exhibit A is for the proposers’ reference only to assist in designing their subcontractor program, and is not required to be submitted with the proposal. The identification of subcontractors to perform such work is premature at this juncture. The identification of construction outreach subcontractors, etc. shall occur as described in your D/M/W/ESB Subcontractor and Supplier Plan and your Workforce Training and Hiring Program Plan which shall be developed during the pre- construction services work of the project.

ii) If any pre-construction service tasks are to be performed under subcontract, list the name, address, telephone and fax number, scope of work, subcontract dollar amount, and whether or not the firm is certified as D/M/W/ESB by the State of Oregon

c. Workforce Diversity and Community Involvement • Describe your firm’s workforce demographics and any measurable steps taken to ensure a diverse internal workforce (e.g., women and people of color). • How do you approach internal on the job training, mentoring, technical training, and/or professional development opportunities for women and people of color? • Describe your firm’s employee compensation structure, (e.g., living wages, healthcare coverage, employee leaves, dependent care, etc.). • Describe your firm’s commitment to community service, (e.g., charitable programs, scholarships, economic development, etc.)

d. Sustainable Business Practices • List the top five (5) actions/ongoing practices your firm has implemented to reduce the environmental impacts of your operations (e.g., energy efficiency, use of recycled content or non-toxic products, use of public transit or alternative fuel vehicles, waste prevention and recycling, water conservation, green building practices, etc.). • Regarding your top five (5) actions, please reference implementation dates, timelines, and any performance metrics or third-party awards/recognition (such as Sustainability at Work). • Does your firm participate in any third-party sustainability related organizations, networks, or committees? If so, list up to five examples and how long your firm has been an active participant in each. • Describe how your firm will contribute to meeting the City’s sustainability objectives as part of the resulting contract.

More information on the City’s environmental policies and rules may be accessed at https://www.portlandoregon.gov/citycode/26818.

The City expects thoughtful consideration of all of the above Corporate Responsibility

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 35

criteria in the preparation of proposals. The City will enforce all D/M/W/ESB commitments submitted by the successful Proposer, and the successful Proposer will be required to submit a completed Monthly Subconsultant Payment and Utilization Report (“MUR”) to ensure that subconsultants are utilized to the extent originally proposed and submitted in its proposal. The successful Proposer will not be permitted at any time to substitute, delete, or add a subconsultant without the prior written approval of the Chief Procurement Officer. For reference, a copy of this MUR form may be obtained at: http://www.portlandoregon.gov/brfs/?c=45475.

7. PROPOSED COST Pre-Construction Fee: Provide a fee to provide the Pre-Construction Services for the project as described in PART I, Section A. 3. Scope of Work and Project Goals. The selected CM/GC will be paid an amount not to exceed this proposed amount pursuant to PART I, Section A. 5. Project Funding.

Identify any assumptions that have been used to develop the Pre-Construction Cost. Include an estimate of expenses and a description of what expenses have been included. Identify staff to be involved in pre-construction along with an estimate of hours each will dedicate to this effort. This Pre-Construction Cost will be the basis for negotiating the contract for pre-construction services.

An Allowance of $30,000 shall be incorporated into the Proposed Cost to cover the site investigation work. Once the detailed scope of the site investigation work is determined, Contractor shall provide estimated costs for the work to Owner. Spending against the Allowance will be authorized in writing by the Owner.

CM/GC Fee: The CM/GC Fee shall be the maximum sum payable to the General Contractor by the Owner for the General Contractor’s performance of all construction management, project management and administration services as defined herein and in the General Conditions. The CM/GC Fee shall be determined by applying the CM/GC fee percentage as identified in the proposal to the direct costs of the project including General Conditions Reimbursement and any authorized Bid Alternates.

In the appropriate location on the Certification and Contract Offer, state the CM/GC Fee as a percentage for which your firm would contract to perform this Project. The percentage so stated in your proposal shall be the maximum allowable contractual markup on the direct cost of the work if your firm is awarded the construction contract.

The CM/GC Fee shall be composed of those items stated in the General Conditions and nothing else.

Labor Rates: As a minimum, all workers on this project shall be paid in accordance with the provisions of the Federal Davis-Bacon Act Wage Rates and the BOLI Prevailing Wage Rates for Public Work Projects in the State of Oregon. The BOLI Wage Rates in effect at the time the Construction Services Agreement is fully executed will apply. If you anticipate paying wage rates in excess of the applicable Federal Davis-Bacon wage rates and the BOLI Prevailing Wage Rates, please note the extent of deviation expected and the reasons why.

8. PROPOSAL FORMS Submit all of the Proposal Forms clearly and fully completed as required.

9. SUPPORTING Supporting material must include a minimum of three (3) references, and may include INFORMATION other information pertinent to the project or work to be performed. References must include the contact person's name, agency, address, phone number, their role in the project (e.g., project manager, etc.), name of the project and when the work was done.

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 36

PART III PROPOSAL EVALUATION

SECTION A PROPOSAL REVIEW AND SELECTION

1. EVALUATION CRITERIA A Selection Review Committee (Committee) will be appointed to evaluate the proposals received. For the purpose of scoring proposals, each Committee member will evaluate each proposal in accordance with the criteria listed in Part II, Section C. The Committee may seek the assistance of outside expertise, including, but not limited to, technical advisors. The Committee will require a minimum of ten (10) working days to evaluate and score the proposals

The choice of how to proceed, decisions to begin or terminate negotiations, determination of a reasonable time, decisions to open negotiations with a lower scoring Proposer, and any decision that a solicitation should be cancelled are all within the sole discretion of the City.

The proposal evaluation process consists of a series of Evaluation Levels that will lead to the identification of a finalist. Each proposal response will be evaluated in accordance with the following evaluation criteria:

Evaluation Level #1 – Written Scoring: Responses meeting the mandatory and responsiveness requirements will be further evaluated as part of Evaluation Level #1. One hundred possible points are available at Level #1. This step consists of a detailed review of the responses as follows:

Level #1 Evaluation Criteria Point Criteria Maximum Level #1 Score Distribution by Subsection 1. COVER LETTER REQUIRED 2. PROJECT TEAM 20 3. PROPOSER’S CAPABILITIES 25 4. PROJECT APPROACH 30 5. COMMUNITY RELATIONS 15 6. CORPORATE RESPONSIBILITY 25 OR State Certification / Opportunity Contractor 8 DMWESB Contracting 9 Workforce Diversity & Community Involvement 3 Sustainable Business Practices 5 7. PROPOSED COST 15 Pre-Construction Services fee 5 CMGC Fee 10 TOTAL: 130

Evaluation Level #2 – Oral Scoring: If oral interviews or presentations are determined to be necessary, this next step will consist of oral presentations and further clarification of the Proposer’s response. The number of proposals on the “short list” depends on whether the Committee believes such proposals have a reasonable chance of leading to the award of a contract. Proposers invited to participate in Evaluation Level #2 will

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 37

be given additional information regarding the City’s desired content a reasonable time before the scheduled Evaluation Level #2 oral interviews/presentations are held. The scoring of the Level #2 will be as follows:

Level #2 Evaluation Criteria Point Criteria Maximum Level #2 Score Distribution by Subsection 1. PROJECT TEAM 20 2. PROPOSER’S CAPABILITIES 25 3. PROJECT APPROACH 30 4. COMMUNITY RELATIONS 15 5. CORPORATE RESPONSIBILITY 25 OR State Certification / Opportunity Contractor 8 DMWESB Contracting 9 Workforce Diversity & Community Involvement 3 Sustainable Business Practices 5 6. PROPOSED COST 15 Pre-Construction Services fee 5 CMGC Fee 10 TOTAL: 130

All communications shall be through the contact(s) referenced in Part II, Section A.2 of the RFP. At the City’s sole discretion, communications with members of the evaluation committee, other City staff, or elected City officials for the purpose of unfairly influencing the outcome of this RFP may be cause for the Proposer’s proposal to be rejected and disqualified from further consideration.

The City has the right to reject any or all proposals for good cause in the public interest, and the Chief Procurement Officer may waive any evaluation irregularities that have no material effect on upholding a fair and impartial evaluation selection process.

NOTE: In the City’s discretion, litigation between the City and a Proposer may be cause for proposal rejection, regardless of when that litigation comes to the City’s attention and regardless how the Proposer’s proposal may have been scored. Proposals may also be rejected if the Proposer uses subcontractors or subconsultants who are involved in litigation with the City. Proposers who are concerned about possible rejection on this basis should contact the City before submission of a proposal for a preliminary determination of whether its proposal will be rejected.

2. SCORING PROCESS For Evaluation Level #1, the sum of all points earned by a Proposer from all proposal evaluators will be the Total Overall Score for Level #1. The Evaluation Committee may focus on only a limited number of proposals by developing a “short list” to move on to Evaluation Level #2 based on the scores from the written proposals or may proceed directly to contract negotiation and award.

If Proposers move to Evaluation Level #2, then the proposal scores from Level #1 will not be used during the oral interview/presentation process and will be scored based on the Level #2 criteria alone. Following completion of the Evaluation Level #2 scoring, each Proposer’s Evaluation Level #2 score will be added to their Evaluation Level #1 score to determine their Total Overall Score. The highest scoring proposal, based on

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 38

their Total Overall Score, may be identified as the finalist.

3. CLARIFYING PROPOSAL At any point during the evaluation process, the City is permitted, but is not required, to DURING EVALUATION seek clarification of a proposal. However, a request for clarification does not permit changes to a proposal.

SECTION B CONTRACT AWARD

1. CM/GC SELECTION The City will award a pre-construction contract to the highest scoring Proposer. Should the City not reach a favorable agreement with the highest scoring Proposer the City, at its sole discretion, shall terminate negotiations with the highest scoring Proposer and commence negotiations with the second highest scoring Proposer and so on until a favorable agreement is reached. A CM/GC selection process will be carried out under Portland City Code Chapter 5.34.

2. CONTRACT The proposal and all responses provided by the successful Proposer may become a DEVELOPMENT part of the final contracts. The form of contracts shall be the City's Contracts for Construction Management / General Contractor construction services. A sample contract for the Pre-Construction Services is attached as Exhibit D. The City’s sample contract for the Construction Services is attached as Exhibit E.

3. AWARD REVIEW AND REVIEW: PROTESTS Following the Notice of Intent to Award, the public may view proposal documents. However, any proprietary information so designated by the Proposer as a trade secret and meeting the requirements of ORS 192.501(2) as determined by the City’s Attorney will not be disclosed. At this time, Proposers not awarded the contract may seek additional clarification or debriefing, request time to review the selection procedures or discuss the scoring methods utilized by the evaluation committee.

PROTESTS OF CONTRACT AWARDS: Protests may be submitted to the Chief Procurement Officer only from those Proposers who would receive the contract award if their protest were successful.

Protests must be received by the Chief Procurement Officer within seven (7) calendar days UNLESS OTHERWISE NOTED following the date of the City’s Notice of Intent to Award was issued. The protest must specifically state the reason for the protest and show how its proposal or the winning proposal was mis-scored or show how the selection process deviated from that described in the solicitation document. The contract award process will be put on hold until the protest has been resolved.

Timely protests must include all legal and factual information regarding the protest and a statement of the form of relief requested. Protests received later than specified or from a party other than the Proposer who would receive the contract if the protest was successful will not be considered. The exercise of judgment used by the evaluators in scoring the written proposals and interviews, including the use of outside expertise, is not grounds for appeal.

The Chief Procurement Officer may waive any procedural irregularities that had no material effect on the selection of the proposed CM/GC, invalidate the proposed award, amend the award decision, request the evaluation committee re-evaluate any proposal or require the bureau to cancel the solicitation and begin again to solicit new proposals. In the event the matter is returned to the evaluation committee, the Chief Procurement Officer shall issue a notice canceling the Notice of Intent to Award.

Decisions of the Chief Procurement Officer are final and conclude the administrative appeals process. In the event of any conflict between the general summary of this section and Chapter 5.34, the provisions of Chapter 5.34 shall prevail. RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 39

SEE ATTACHED PROPOSAL FORMS AND EXHIBITS

END OF REQUEST FOR PROPOSALS

RFP Number 00000617 - Portland Open Space Sequence Restoration Project Page 40

Proposal Form A – RFP 00000617 PORTLAND OPEN SPACE SEQUENCE RESTORATION PROJECT CONSTRUCTION MANAGER / GENERAL CONTRACTOR SERVICES Certification and Contract Offer

To: City of Portland, Oregon c/o Chief Procurement Officer 1120 SW 5th Avenue, Rm. 750, Portland, OR, 97204

The undersigned, having fully examined the Request for Proposal, sample contracts, conditions, addenda, all other related material and information, and property to be improved, hereby offers and agrees that this proposal shall be irrevocable for Pre-Construction Services and Construction Services for at least one hundred twenty (120) calendar days after the proposal opening date and time, and if accepted agrees to enter into an agreement to provide the City of Portland with Construction Manager/General Contractor Pre-Construction Services as specified at the PRE- CONSTRUCTION COST and to enter into an agreement to provide Construction .

Work shall commence upon issuance of a "Notice to Proceed with Pre-Construction Services."

The PRE-CONSTRUCTION COST and CM/GC FEE for the Phases shall be:

PRE-CONSTRUCTION COST: ______($ ______) The not to exceed amount for the preparation of preliminary budgets, value engineering, constructability analysis, schedule generation and assistance to the designer in preparing construction documents, and other requirements as defined in this RFP.

CM/GC FEE: ______percent (_____%) as defined in Part I, Section A, 5 PROJECT FUNDING of this RFP, for the construction of the project. EEO ( ) EBO ( ) (see RFP Part 1, Section A, 4 BUSINESS COMPLIANCE) Date: Name of Firm: Street Address: City: State: Zip:

By: (Original Signature) (Title) Phone: Fax: Email Address: Construction Contractors Board License No.: Firm is a Corporation: Partnership: Sole Proprietorship: If incorporated, registered in the State of: If a Partnership, list partners: If a Sole Proprietorship, name of principal:______City of Portland Business Tax Registration No. (Proposers and all joint venture partners): Federal Tax ID No. (Proposers and all joint venture partners):______SIC Code or Type of Business

RESIDENT BIDDER All CM/GC candidates must state whether or not they are an Oregon Resident Bidder. As defined in ORS 279A.120(1)(b), a resident bidder is one who has paid unemployment taxes or income taxes in the state during the 12 calendar months preceding bid submission, has a business address in Oregon, and has stated in their bid to be a resident bidder. CHECK ONE: BIDDER IS A ( ) RESIDENT BIDDER OR ( ) NON-RESIDENT BIDDER Proposal Form B – RFP 00000617 PORTLAND OPEN SPACE SEQUENCE RESTORATION PROJECT CONSTRUCTION MANAGER / GENERAL CONTRACTOR SERVICES Receipt of Addenda

ADDENDA RECEIVED

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

Addendum No.______Date______

If none received, write "None Received" here:______

Date:

Signature:

Name (Print):

Title: Proposal Form C – RFP 00000617 PORTLAND OPEN SPACE SEQUENCE RESTORATION PROJECT CONSTRUCTION MANAGER / GENERAL CONTRACTOR SERVICES Non-Collusion Affidavit

STATE OF ______COUNTY OF

I, (Type/Print Name) ______, state that I am (Position Title) ______of (Name of Firm) ______and that I am authorized to make this affidavit on behalf of my firm and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this fee proposal.

I state that:

(1) The price(s) and amount of this fee proposal have been arrived at independently and without consultation, communication, or agreement with any other contractor, proposer, or potential proposer not on the proposal team except as disclosed on the attached appendix.

(2) Neither the price(s) nor the amount of this fee proposal, and neither the approximate price(s) nor approximate amount of this fee proposal, have been disclosed to any other firm or person who is a proposer or potential proposer, and the price(s) shall not be disclosed before opening of proposals.

(3) No attempt has been made or shall be made to induce any firm or person to refrain from proposing on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.

(4) The proposal of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) (Name of Firm) , its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as described on the attached appendix.

I state that (Name of Firm) understands and acknowledges that the above representations are material and important, and shall be relied upon by THE CITY OF PORTLAND in awarding the contract(s) for which this proposal is submitted. My firm understands and acknowledges that any misstatement in this affidavit is and shall be treated as fraudulent concealment by THE CITY OF PORTLAND of the true facts relating to the submission of proposals for this contract. ______(Signature)

Sworn to and subscribed before me this day of , 20 .

NOTARY PUBLIC FOR OREGON

My commission expires