REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGER / GENERAL CONTRACTOR [CMGC] Adams Campus & Newby Elementary/Duniway Middle School RFP

Transcription

1 REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGER / GENERAL CONTRACTOR [CMGC] Adams Campus & Newby Elementary/Duniway Middle School RFP McMinnville School District No. 40 McMinnville, Oregon Issued: September 16, 2016 Proposal Closing Date: October 7, 2016, 10:00 a.m. PST Single Point of Contact [SPC]: Susan Escure, Finance Director Label for Proposal: RFP Construction Manager/General Contractor [CMGC] Address: 1500 NE Baker Street, McMinnville, OR Phone: Fax: sescure@msd.k12.or.us RFP Page 1 RFP Page 1

2 Request for Proposal TABLE OF CONTENTS Legal Publication Section 1 Section 2 Section 3 Section 4 Section 5 Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G General Information Authority, Overview and Scope of Work Procurement Requirements and Evaluation Award and Negotiation Apparent Successful Proposer Submission Requirements Proposer Certification Cost Proposal Form CMGC Scope of Work CMGC CONTRACT -Terms & Conditions CMGC CONTRACT General Conditions Insurance Requirements Affidavit of Trade Secrets Form RFP Page 2 RFP Page 2

3 LEGAL PUBLICATION September 16, 2016 McMINNVILLE SCHOOL DISTRICT No. 40 REQUEST FOR PROPOSALS Construction Manager/General Contractor [CMGC] Adams School Newby Elementary/Duniway Middle School RFP The McMinnville School District requests proposals from qualified firms for the Construction Manager/General Contractor [CMGC] for providing design assistance and construction services for renovation and repair projects as assigned by the District. The District passed a capital bond for $89.4M in May of Based on findings prepared by the District and for which a public hearing was held on September 12, 2016, the District board passed a resolution exempting two capital improvement projects for Adams School and Newby Elementary/Duniway Middle School from procurement by competitive bid and authorized the use of a Construction Manager/General Contractor (CM/GC). The construction performed under this agreement is subject to Oregon s prevailing wage requirements. The request for proposal packet, specifications and clarifications are available by contacting Susan Escure, Finance Director, phone , sescure@msd.k12.or.us. Sealed proposals will be received no later than 10:00 AM PST, October 7, 2016 at: McMinnville School District No. 40 Attn: Susan Escure, Finance Director 1500 NE Baker Street McMinnville, OR A mandatory pre-proposal meeting & site tours will be conducted September 22, 2016, at 3 PM, at the McMinnville School District Administrative Offices 1500 NE Baker Street, McMinnville, OR The purpose of the meeting is to discuss the District s expectations and to answer questions. All firms wishing to submit a proposal must be represented at this meeting. The McMinnville School District may reject any proposal not in compliance with prescribed procedures and requirements and may reject for good cause any or all proposals upon a finding of the McMinnville School District that it is in the public interest to do so. RFP Page 3 RFP Page 3

4 SECTION 1 GENERAL INFORMATION 1.1 INTRODUCTION The McMinnville School District serves 6,700 students in six elementary schools, two middle schools and one high school. The District completed a Long Range Facilities Assessment in November The District s Long-Range Facilities Task Force met over a two-year period to develop a prioritized list of projects, which they then recommended to the School Board June The District presented a $89.4 million capital bond measure to their patrons and the measure passed May The District is seeking to hire two (2) experienced CM/GC Teams for capital construction projects, to be funded by the bond revenues and other sources as they are available. On September 12, 2016, the McMinnville School District held a public hearing and authorized the use of a CM/GC for two projects: Renovations, Seismic Upgrades and Repairs at Adams School and Renovations and Repairs to Newby Elementary and Duniway Middle School (these school are located on adjacent properties). 1.2 SCHEDULE OF EVENTS September 16, 2016 September 22, 2016 September 29, 2016 October 7, 2016 October 10, 2016 October 13, 2016 October 14, 2016 October 21, 2016 October 24, 2016 CM/GC RFP Advertised News Register [McMinnville] Daily Journal of Commerce 3 PM - Mandatory Pre-Proposal Meeting at the District Office for Adams School & Newby Elementary/Duniway Middle School Questions/Requests for Clarification Due 10:00 AM Closing (Proposals Due) Notification of Interview Schedule Interviews Issuance of Notice of Intent to Award (approximate) Award Protest Period Ends Board Approval 1.3 PROPOSAL DELIVERY All proposals may be hand-delivered or mailed with the following label or subject heading: RFP Construction Manager/General Contractor [CMGC] to the following address: RFP Page 4 RFP Page 4

5 McMinnville School District No. 40 Attn: Susan Escure, Finance Director 1500 NE Baker Street McMinnville, OR DISTRICT SINGLE POINT OF CONTACT (SPC) The single point of contact (SPC) during this procurement process for questions concerning the procurement process, change, clarification, award process and any other questions is Susan Escure, Finance Director, McMinnville School District No. 40, 1500 Northeast Baker Street, McMinnville, Oregon 97128, telephone , fax , or regular mail delivered to: 1500 NE Baker Street, McMinnville, OR End of Section 1 RFP Page 5 RFP Page 5

6 SECTION 2 AUTHORITY, OVERVIEW, AND SCOPE OF WORK 2.1 AUTHORITY AND METHOD The McMinnville School District (District) is issuing this RFP under the District s Public Contracting Rules, District Policy DJC-AR (1) Bidding Requirements for Personal Services Requests for Proposals and pursuant to ORS 279C PROJECT OVERVIEW AND BACKGROUND The McMinnville School District passed a general obligation bond in the amount of $89.4 million for renovations and repairs district-wide. The District has hired Cornerstone Management Group as their Project Manager and several architectural firms for design services. Planning and design is currently underway on these projects. 2.3 PROJECT SUMMARY 1. Adams School will consist of a seismic upgrade and repair/renovation work including interior and exterior renovations, replacement or repair of components of the HVAC system, replacement or repair of components of the electrical and lighting systems and the site work required to complete the project. 2. Newby/Duniway R&R consists of two [2] separate projects a. NEWBY ES interior and exterior renovations, replacement or repair of components of the HVAC system, replacement or repair of the electrical and lighting systems, and the site work required to complete the project b. Duniway MS - interior and exterior renovations, replacement or repair of components of the HVAC system, replacement or repair of the electrical and lighting systems, and the site work required to complete the project. See Attachment C Scope of Work, which describes the project type, estimated construction cost per project [soft costs are in additional to these values], bid schedule for each project and the type of general work associated with each project. Adams and Newby/Duniway Projects will be funded by the 2016 Bond. Please note in your cover letter which project(s) your firm can successfully support with staff, experience and your supporting sub-consultant team. 2.4 SCOPE OF WORK Refer to Attachment C for a detailed outline of Scope of Work, schedules and budgets. End of Section 2 RFP Page 6 RFP Page 6

7 SECTION 3 PROCUREMENT REQUIREMENTS AND EVALUATION 3.1 MINIMUM PROPOSER REQUIREMENTS The District reserves the right to disqualify proposals failing to meet minimum requirements. To be considered for evaluation, each Proposal must demonstrate how the Proposer meets all requirements of this section: 1. Experience with successful completion of K-12 school small to medium repair and renovation projects within the last five (5) years. 2. Successful experience in major building remodels and additions of K-12 schools that include construction during occupied times during the school year. 3. Demonstrated knowledge of K-12 school projects and extensive work experience on occupied sited. 4. Demonstrated knowledge in site assessment and systems testing of building equipment, conditions and appropriate solutions to complete needed renovation and repair improvements. 5. Demonstrated understanding of effective project communications, cooperation and services required to successfully prepare documents for similar projects. 6. Knowledge and understanding of the required services as shown by approach to staffing and scheduling needs. 7. Availability to provide project professional services, construction oversight and the ability to provide prompt responses to District inquiries and concerns. 3.2 MINIMUM SUBMISSION REQUIREMENTS A. Proposal Format Proposer shall submit its Proposal without extensive art work, unusual printing or other materials not essential to the utility and clarity of the Proposal. Proposer shall submit an one (1) original Proposal on white by 11 paper, bearing the Proposer s authorized representative s signature; five (5) paper copies; and one (1) electronic copy of the Proposal by USB drive, and must be formatted using Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). In addition, if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS through ), proposer shall complete and submit the Affidavit of Trade Secret (Attachment G) and a version of its Proposal with redactions clearly shown and the redacted Proposal clearly identified. Proposer shall submit its Proposal in a sealed package addressed as provided in Section 1.3 of this RFP. B. Authorized Representative The Proposer Certification Form (Attachment A) shall be signed with ink as follows or the bid will be rejected. In the case of an individual Proposer, by the individual Proposer. RFP Page 7 RFP Page 7

8 In the case of a partnership, the name of the partnership must be listed and the proposal shall be signed in the name of the partnership by at least one general partner. In addition, the names of all general and limited partners must be listed. In the case of a corporation, the corporate name shall be subscribed by the president or other managing officer and, under the signature of such officer, the name of the office such individual holds or the capacity in which he or she acts for the corporation. 3.3 PROCUREMENT PROCESS A. Public Notice Notice of the RFP has been advertised in the News Register (McMinnville, OR) and the Daily Journal of Commerce. The RFP, including all Addenda and attachments, is available by contacting Susan Escure, Finance Director, at sescure@msd.k12.or.us. B. Questions / Requests for Clarification All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must: Be delivered to the SPC via , mailed or hand-delivered in writing Reference the RFP name Identify Proposer s name and contact information Be sent by an authorized representative Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule of Events in subsection 1.2 above. Inquiries requiring clarification or modification from the District will be sent to all Proposers in the Form of an addendum to this RFP. C. Pre-Proposal Conference A mandatory pre-proposal conference has been scheduled as noted in Section 1.2 of this RFP. D. Solicitation Protests Prospective Proposers may submit a written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the terms and conditions of the proposed Contract/Price Agreement. This is a prospective Proposer s only opportunity to protest the provisions of the RFP, except for protests of Addenda or the terms and conditions of the proposed Contract/Price Agreement, as provided below. Protests to Addenda: A Prospective Proposer may submit a written protest of anything contained in the respective Addendum. Protests of matters not added or modified by the respective Addendum will not be considered. RFP Page 8 RFP Page 8

9 Protests must: Be delivered to the SPC via , facsimile, hard copy. Reference the RFP name. Identify prospective Proposer s name and contact information. Be sent by an authorized representative. State the reason for the protest, including: the grounds that demonstrate how the Procurement Process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based. State the proposed changes to the RFP provisions or other relief sought. Protests to the RFP must be received by the due date and time identified in the Schedule of Events in subsection 1.2 above. Protests to Addenda must be received by the due date identified in the respective Addendum. The District will respond timely to all protests submitted by the due date and time listed per the Schedule in Section 1.2. Protests that are not received timely or do not include the required information will not be considered. E. Proposal Submission Options Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements. The District is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. A Proposal submitted by any means not authorized will be rejected. The Proposal may be hand-delivered, or submitted through the mail or via parcel carrier, and must be clearly labeled as provided in Section 1.3 and submitted in a sealed envelope, package or box. Proposals will be accepted during the District s normal Monday-Friday business hours of 7:00 am to 5:00 pm Pacific Time, except during District holidays and other times when the District office is closed. F. Proposal Modification or Withdrawal Any Proposer who wishes to make modifications to a Proposal already received by the District shall submit its modification in one of the manners listed in the Proposal Submission Options section and must denote the specific change(s) to the Proposal submission. If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a written notice signed by an authorized representative of its intent to withdraw its Proposal. The notice must include the RFP name and be submitted to the SPC. G. Proposal Due The Proposal and all required submittal items, as well as any modification or withdrawal of a Proposal, must be received by the SPC on or before Closing. Original or modified Proposals received after Closing are considered late and non-responsive, and will be returned unopened or destroyed. RFP Page 9 RFP Page 9

10 H. Proposal Rejection The District may reject a Proposal for any of the following reasons: Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer s authorized representative sign the Proposal in ink. Proposer fails to meet the responsibility requirements of ORS 279B.110. Proposer makes any contact regarding this RFP with other District employees or officials other than the SPC or those the SPC authorizes. Proposer attempts to inappropriately influence a member of the Evaluation Committee. I. Opening of Proposal Proposals will be publicly opened immediately following the Closing, and the names of all Proposers will be disclosed at that time. However, Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued. 3.4 PROPOSAL CONTENT REQUIREMENTS A. Proposal Content Proposers must respond to the following request for information, and in the order listed. The Proposal must be separated with section dividers [TAB] as noted follows: 1. COVER LETTER: Include cover letter expressing the firm s interest and understanding of the District s request for proposal and identify the project for which the Proposer is interesting in being considered. The letter should name all of the persons authorized to make representations for the Proposer and be signed by an authorized representative. In addition please provide the following: 2. PROPOSAL CERTIFICATION FORM (Attachment A): Include signature of authorized representative. A proposal certification shall bind the Proposer to perform the services for the fees stated in their proposal and to complete the project within the scheduled dates proposed. Failure to submit a signed proposal certification form will result in disqualification of the proposing firm. 3. TAB -FIRM BACKGROUND: Please provide the following: a. Construction Contractors Board License Number b. Brief history of your firm c. Current bonding capacity d. General description of your safety program and drug and alcohol program e. Description of process you use to ensure workers and subcontractors on the worksite have background security clearances in accordance with District policy [see Contract CM/GC Terms & Conditions Section 17.n.i] f. Most recent worker s compensation insurance experience modifier RFP Page 10 RFP Page 10

11 4. TAB PROJECT APPROACH: Provide your strategic project approach summary: discussion of your firm s approach to the specific conditions of the proposed projects, the successful CM/GC services based on prior experience. Describe your firm s approach for managing bidding requirements, budgets, schedules and quality control. Describe any value-added services. The District is committed to providing opportunities for local contractors. Describe in detail how you would provide outreach to keep local contractors informed of bidding opportunities.. 5. TAB PROJECT SUPPORT PRE-CONSTRUCTION SERVICES: As described ATTACHMENT D SAMPLE TERMS AND CONDITIONS Construction Contract / SECTION 3.a. Describe your firm s methodology and experience during the design and documentation phases, including particularly successful experiences and/or unique services in this area. 6. TAB K-12 EXPERIENCE ON OCCUPIED SITES Describe the relevant experience the CM/GC firm has as it relates to the planning, design, and construction of occupied educational facilities. What other projects of similar size and complexity have the key individuals proposed completed. Provide a listing, in chronological order and in chart format, recently completed projects that are similar in size and scope executed by the key individuals proposed for these projects. Information should include the following: a. Name of Owner, contact person, and current phone number. b. The architect of record, contact person, and current phone number. c. Brief description and location of the project and role in the project d. Completion date e. Final contract amount. f. Project related claims going to litigation/arbitration Provide ten (10) professional references from the listed projects, including the project name, the name of the design team members for whom this reference is relevant, a contact name and phone number. At least two (2) of these references must be subcontractors. At least two (2) of these references must be owners. Every key project team member must be represented in at least two (2) of the provided references. 7. TAB SCHEDULING/ EXPEDITING: Describe how you will ensure the project schedule will be met, and identify key challenges, specific to these projects. Discuss any opportunities you see for expediting the work. Identify any incentive you feel would be required to realize this expedited schedule. 8. TAB KEY INDIVIDUAL EXPERIENCE: List the key individuals who will make up the team for this work, identify their roles, and describe their relevant qualifications and experiences with the CM/GC process. This information is required in addition to any detailed resumes the proposer submits. The contract will require that the CM/GC commit these individuals to the project for its duration. RFP Page 11 RFP Page 11

12 9. TAB HISTORY OF CLAIMS: List all Liens/Claims that have been placed on projects completed in the last five [5] years. Include date the Lien/Claim notification was received and date each was resolved. Provide background information related to why these occurred and how they were resolved, including who paid to clear the Lien/Claim. Describe the process your firm will apply to ensure that Lien/Claims will not occur on District projects. 10. TAB COST PROPOSAL/FEES: Provide your firm s fee proposal as noted on Attachment B COST PROPOSAL FORM. In addition, provide your firm s hourly rates for Senior Project Managers, Project Manager, Project Engineer and Project Superintendent (rates shall include all labor burdens and mark-ups) for any required minor work element. The CM/GC fee is in addition to this rate. B. Public Record/Confidential or Proprietary Information All Proposals are public records and are subject to public inspection after the District issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter (2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS through ), Proposer shall complete and submit an Affidavit of Trade Secrets (Attachment G) and a fully redacted version of its Proposal. [See section 3.2.A above.] RFP Page 12 RFP Page 12

13 3.5 EVALUATION PROCESS A. Responsiveness and Responsibility Determination Proposals will be reviewed for Responsiveness to all RFP requirements, including timely submission, compliance with Minimum Requirements and Proposal Content Requirements. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-responsive Proposal. If the SPC finds the Proposal non-responsive, the Proposal may be rejected, however, the District may waive mistakes in accordance with OAR At any time prior to award, the District may reject a Proposer found to be not Responsible. C. Evaluation Criteria Proposals meeting Proposal Content Requirements will be evaluated by an Evaluation Committee using criteria and priorities as defined by the District. The Evaluation Committee will determine which Proposal or Proposals taken as a whole, and in the District sole judgment, are in the best interest of the organization. Proposals should address the evaluation criteria listed below. The SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposals. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal. EVALUATION CRITERIA Points 1 Project Approach 20 2 Project Support Pre-Construction Phase Services 10 3 K-12 Experience on Occupied Sites 15 4 Scheduling / Expediting Approach 15 5 Key Individual Experience / Team Availability 15 6 History of Claims 10 7 Cost Proposal / Fees 15 TOTAL 100 RFP Page 13 RFP Page 13

14 D. Selection Process The Evaluation Committee may invite the recommended finalist or finalists for an interview based solely upon its evaluation of the proposals and the evaluation criteria. If the Committee elects to interview finalists, the final recommendation will be based on the majority opinion of the interview panel. The Evaluation Committee at its sole discretion may forego the interview process. After evaluation, and interviews if necessary, the Evaluation Committee will recommend one finalist to the District s Board of Directors for consideration of award. The contract award will be entirely at the discretion of the District. The District reserves the right to waive minor irregularities in the selection process and to reject any and all proposals and cancel this solicitation. End of Section 3 RFP Page 14 RFP Page 14

15 4.1 AWARD NOTIFICATION PROCESS A. Intent to Award Notice SECTION 4 AWARD AND NEGOTIATION The District, if it awards a contract, shall award to the highest ranking Responsible Proposer based upon the evaluation criteria described in Section 3. The District may award less than the full scope defined in this RFP. The District will notify all Proposers in writing of its intent to award a contract to the selected Proposer subject to successful negotiation of any negotiable provisions. B. Protest of Notice of Intent to Award An affected Proposer shall have seven (7) calendar days from the date of the intent to award notice to file a written protest and specify the grounds for the protest as set forth in ORS 279B.410(1). Protests must be delivered to the SPC via or hardcopy, reference the RFP name, identify the Proposer s name and contact information, be signed by an authorized representative, and specify the grounds for the protest. The District will address all timely submitted protests within a reasonable time and will issue a written decision to the respective Proposer. 4.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS A. Insurance Prior to the execution of the Contract, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated. B. Taxpayer Identification Number The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form. District will not make any payment until a properly completed W-9 form is received. C. Contract Negotiation After selection of a successful Proposer, the District may negotiate the statement of work, pricing, methods of payment, inclusive of additional services. If an agreement cannot be reached, the District may open negotiations with the next ranked Proposer. By submitting a Proposal, the Proposer agrees to comply with the requirements of the RFP, including terms and conditions of the Sample Contract (Attachment D & E). Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Proposal, the District intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract. Pursuant to OAR (3), at the District s discretion, terms that may be negotiated in RFP Page 15 RFP Page 15

16 the RFP consist of details of Contract performance, methods of construction, timing, assignment of risk in specified areas, fee, and other matters that could affect the cost or quality of the Work, as well as the specific scope of pre-construction services, the GC Work, any Early Work and other construction Work to be performed by the CM/GC. In any case, the District reserves the right to negotiate with the highest-ranked Proposer regarding the: A. Statement of Work; and B. Contract Price as it is affected by negotiating the statement of Work. End of Section 4 RFP Page 16 RFP Page 16

17 5.1 GOVERNING LAWS AND REGULATIONS SECTION 5 ADDITIONAL INFORMATION This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Yamhill County for the State of Oregon. 5.2 OWNERSHIP/PERMISSION TO USE MATERIALS All Proposals submitted in response to this RFP become the property of the District. By submitting a Proposal in response to this RFP, Proposer grants the District a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS through ). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late. 5.3 CANCELLATION OF RFP Pursuant to ORS 279C.395, the District may reject any or all Proposals in whole or in part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the District. The District is not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal. 5.4 COST OF PROPOSAL Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests. 5.5 CONTRACT All specifications, terms and conditions contained in the Request for Proposal shall be incorporated by reference and made a part of a contract awarded to the successful bidder. A copy of the District s sample contract is attached to this document. End Section 5 RFP Page 17 RFP Page 17

18 ATTACHMENT A PROPOSER CERTIFICATION SHEET The undersigned certifies that he/she has read, understands and agrees to abide by all terms and conditions of the Request for Proposal if awarded. Acknowledgement of Addendum: None Proposer further certifies as follows: 1. Proposal is FIRM for 180 days following the Closing. 2. All contents of the Proposal [including any other forms or documentation, if required under the RFP and this Proposal Certification Sheet], are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud or other dishonesty. 3. The Proposer certifies that it does not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, national origin, marital status, age or disability or other non-job-related factors as per ORS chapter 659 and 42 U.S.C. 2000e. 4. The Proposer certifies that it has not discriminated and will not discriminate against minority, women or emerging small business enterprises in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification. 5. If awarded a contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated contract and statement of work. 6. If awarded a contract, the Proposer agrees to be bound by and will comply with the provisions of ORS 279C.840 or 40 U.S.C. 276a. 7. The Proposer certifies that all subcontractors performing construction work described in ORS (2) will be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS to before the subcontractors commence work under the contract; Company Name [DBA]: Legal Name: Type of Organization [Circle One]: Sole Proprietor / Partnership / Corporation If Corporation, State of Incorporation: If Partnership, attach a list of the general and limited partners. Is the Proposer an Oregon Resident Bidder as provided in ORS 279A.120 [i.e., paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of the proposal, and has a business address in Oregon]?: YES NO RFP CMGC Attachment A RFP Page 18

19 BY: BY: CONTACT PERSON: Name: Signature Print / Type Name TITLE: TITLE: Telephone: Fax: RFP CMGC Attachment A RFP Page 19

20 ATTACHMENT B COST PROPOSAL FORM PROJECT #1 [proposer may elect to propose for one or both projects] COST PROPOSAL / FEE- ADAMS SCHOOL 1. Pre-CONSTRUCTION SERVICES $ $ Fixed Cost a. Refer to ATTACHMENT F SAMPLE TERMS AND CONDITIONS Construction Contract / SECTION 3.a for details of this Scope of Work. 2. PAYMENT BOND % Stated as a % of Cost of Work 3. LIABILITY INSURANCE % Stated as a % of Cost of Work 4. FEE a. Profit & Corporate Expenses % Stated as a % of Cost of Work b. Personnel for the Project $ $ Fixed Cost Equipment/Materials/Hauling/Field Office $ $ Fixed Cost Refer to ATTACHMENT F SAMPLE TERMS AND CONDITIONS Construction Contract / SECTION 8 & 9 for details of allowed costs. PROJECT #2 [proposer may elect to propose for one or both projects] COST PROPOSAL / FEE Newby Elementary/Duniway Middle School 1. Pre-CONSTRUCTION SERVICES $ $ Fixed Cost b. Refer to ATTACHMENT F SAMPLE TERMS AND CONDITIONS Construction Contract / SECTION 3.a for details of this Scope of Work. c. Include costs for services by licensed MEP contractors to trace utility service and connections to older sections of the building that will remain following new Additions and Significant Remodel work. This information will be provided as as-built drawings to the Design Team during the design phase of the projects. Testing of remaining mechanical equipment will also be required. 2. PAYMENT BOND % Stated as a % of Cost of Work 3. LIABILITY INSURANCE % Stated as a % of Cost of Work 4. FEE a. Profit & Corporate Expenses % Stated as a % of Cost of Work b. Personnel for the Project $ $ Fixed Cost Equipment/Materials/Hauling/Field Office $ $ Fixed Cost Refer to ATTACHMENT F SAMPLE TERMS AND CONDITIONS Construction Contract / SECTION 8 & 9 for details of allowed costs. ATTACHMENT B_RFP Page 1 RFP Page 20

21 ATTACHMENT C SCOPE OF WORK CONSTRUCTION MANAGER / GENERAL CONTRACTOR [CM / GC] 1. McMinnville School District is seeking Construction Manager/General Contractor [CM/GC] firms to coordinate and manage the building process as a member of a team with the Owner, Architect, Project Manager, and other project consultants. The CM/GC must be skilled in developing schedules, preparing construction estimates, performing value engineering, analyzing alternative designs, studying labor conditions, understanding construction methods and techniques, monitoring and documenting costs, and coordinating and communicating the activities of the team through the design and construction phases to all team members. In addition, the CM/GC must be familiar with the local labor and subcontracting market and be capable of working with subcontractors to generate viable pricing alternatives. Finally, the CM/GC must be experienced in the construction of educational facilities and coordination of safe work on occupied sites. 2. The CM/GC firm will be required to use the project control documents developed by the District Project Manager and to complete bid awards within thirty (30) days of the bid date unless written approval is obtained from the owner. If advantageous to the project, bidding may be structured into multiple bid packages, which will be developed with the CM/GC firm. 3. The CM/GC firm will provide, along with cost estimating, written constructability review of project documents during the preconstruction phase. These may include construction review of construction assemblies, materials, lead time, architectural details, schedule impacts, sequencing and site limitations and will be completed at Schematic, Design Development and interim Construction Document review periods established by the Owner. 4. PROJECTS: ADAMS SCHOOL R&R + Seismic Upgrades $ 3,400,000 Scope of work includes, but is not limited to, seismic upgrade, interior and exterior renovations, replacement or repair of components of the HVAC system, replacement or repair of components of the electrical and lighting systems and the site work required to complete the project. ADAMS SCHOOL ESTIMATED PROJECT SCHEDULE Start Finish Project Assessment 3/31/2016 7/20/2016 Schematic Design 8/1/ /3/2016 Document Review/Approval 10/3/ /10/2016 Design Development 10/10/ /11/2016 Document Review/Approval 11/11/ /18/2016 Construction Documents 11/18/ /30/ % Document Review/Approval 12/30/2016 1/13/2017 ATTACMENT C_CM/GC RFP Page 1 RFP Page 21

22 Permit Submittal 1/13/2017 2/13/2017 Bid/Award 2/13/2017 3/13/2017 Construction Period 6/17/2017 1/19/2018 Substantial Completion 1/10/2018 Turn-over 1/19/2018 2/24/2018 NEWBY/DUNIWAY SCHOOLS Duniway Middle School REPAIR & RENOVATION PROJECT $1,600,000 Scope of the Repair & Renovation work includes but is not limited to, interior and exterior renovations, replacement or repair of components of the HVAC system, replacement or repair of the electrical and lighting systems, and the site work required to complete the project. Duniway Middle School Renovation & Remodel ESTIMATED PROJECT SCHEDULE Start Finish Project Assessment Confirmation 3/30/2016 7/15/2016 Schematic Design 8/8/2016 9/9/2016 Document Review/Approval 9/5/2016 9/9/2016 Design Development 9/12/ /28/2016 Document Review/Approval 10/24/ /28/2016 Construction Documents 10/31/2016 1/6/ % Document 12/20/2016 Document Review/Approval 1/9/2017 1/20/2017 Permit Submittal 1/9/2017 2/28/2017 Bid/Award 2/6/2017 2/28/2017 Construction Period 6/19/2017 8/18/2017 Substantial Completion 8/18/2017 Turn-over 8/28/2017 9/1/2017 Newby Elementary School REPAIR & RENOVATION PROJECT $3,000,000 Scope of the Repair & Renovation work includes but is not limited to, interior and exterior renovations, replacement or repair of components of the HVAC system, replacement or repair of the electrical and lighting systems, and the site work required to complete the project. Newby ES - Repair & Renovation ESTIMATED PROJECT SCHEDULE Start Finish Project Assessment Confirmation 4/1/16 7/15/16 Schematic Design 8/1/16 9/9/16 Document Review/Approval 9/5/16 9/9/16 ATTACMENT C_CM/GC RFP Page 2 RFP Page 22

23 Design Development 9/12/16 10/28/16 Document Review/Approval 10/24/ /28/2016 Construction Documents 10/31/2016 1/6/ % Document 12/20/2016 Document Review/Approval 1/9/2017 1/20/2017 Permit Submittal 1/9/2017 2/28/2017 Bid/Award 2/6/2017 2/28/2017 Construction Period 6/19/2017 8/18/2017 Substantial Completion 8/18/2017 ATTACMENT C_CM/GC RFP Page 3 RFP Page 23

24 McMINNVILLE SCHOOL DISTRICT CM/GC CONSTRUCTION CONTRACT TERMS AND CONDITIONS Contract No: This Contract is between MCMINNVILLE SCHOOL DISTRICT, MCMINNVILLE, OREGON ("District") and CONTRACTOR Projects: The parties agree as follows: 1. Definitions: Terms not defined in this Section will have the meaning as set forth in the General Conditions. a. Affiliate: Affiliate will mean any subsidiary of the CM/GC, and any other entity in which the CM/GC has a financial interest or which has a financial interest in the CM/GC (including without limitation parent companies, related businesses under the same holding company, or any other business controlled by, under common control with, or which controls the CM/GC). b. Allowances: Allowances will mean the allowance amounts shown in the GMP Supporting Documents, together with such further allowances as may be developed by the Parties as the Project progresses. c. Amendment: Amendment will mean a written modification of this Contract (including without limitation any agreed change to the GMP), identified as an Amendment, and executed by the CM/GC and the Owner's Authorized Representative. d. Business Days: Business Days will mean every day except, Saturday, Sunday, and legal holidays. e. CM/GC Field Work.: CM/GC Field Work will mean customary layout, clean-up, supervision, and portions of the Work of a minor nature and not feasibly part of the subcontracted work due to: exclusions by the Subcontractor not resolved through the process described in Section 11.c.iii, undeveloped design owing to deviations in Work performed or materials delivered by Subcontractor or suppliers that do not represent defective or nonconforming work, a breach or failure to perform by the Subcontractor or supplier, complexity of coordination of the Work, and other similar reasons typically providing cause for "pick-up" or GC Work under industry standards; provided, however, that (i) the CM/GC has reasonably determined that doing such portion of the Work itself is in the best interests of the Owner (ii) such Work is identified as CM/GC Field Work in monthly billings and (iii) the CM/GC receives prior approval of the Owners Authorized Representative as to the scope of such CM/GC Field Work. f. CM Services: CM Services will have the meaning given in Section 3.c below. g. Construction Manager/General Contractor ("CM/GC"): The Contractor selected to perform the work under this Contract. h. Construction Phase: The Construction Phase will mean the period commencing on the Owner's execution of a GMP Amendment. i. Construction Phase Services: Construction Phase Services will mean all of the Work other than RFP Page 24

25 the Preconstruction Phase Services. j. Contract Documents: Contract Documents will have the meaning given in the General Conditions, as supplemented by Section 2.a below. k. Contractor: The term "Contractor" as used in this Contract and in the General Conditions means the CM/GC. l. Design Development Documents: Design Development Documents will have the meaning given in the Professional Services Agreement with the Architect for this Project. m. Early Work Amendment: Early Work Amendment means an amendment to this Contract to authorize preliminary construction work prior to the establishment of the GMP and execution of a GMP Amendment. n. General Conditions: The Owner's General Conditions of the Contract, attached Exhibit A. o. Fixed Cost for General Conditions Work: Fixed Cost for General Conditions Work or GC Work will mean that fixed sum identified in Section 8.h. p. General Conditions Work: General Conditions Work ("GC Work") will mean (i) that portion of the Work required to support construction operations that is not included within overhead or general expense but is called out as GC Work, and (ii) any other specific categories of Work approved in writing by the Owner's Authorized Representative as forming a part of the GC Work. q. Guaranteed Maximum Price ("GMP"): GMP will mean the Guaranteed Maximum Price of this Contract, as stated in dollars within the GMP Amendment, as determined in accordance with Section 6, and as it may be adjusted from time to time pursuant to the provisions of this Contract. r. GMP Amendment: GMP Amendment will mean an Amendment to this Contract, executed by and between the Parties, to establish the GMP, the Contract Time, and to identify the GMP Supporting Documents for Construction Phase Services. s. GMP Supporting Documents: GMP Supporting Documents will mean the documents referenced in the GMP Amendment as the basis for establishing the GMP and the Contract Time. The GMP Supporting Documents are to expressly identify the Plans and Specifications, assumptions, qualifications, exclusions, conditions, allowances, unit prices, and alternates that form the basis for the GMP. t. Owner: McMinnville School District No. 40 ( District ) u. Preconstruction Phase: The Preconstruction Phase will mean the period commencing on the date of this Contract and ending upon commencement of the Construction Phase; provided that if the Owner and the CM/GC agree, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases will proceed concurrently, subject to the terms and conditions of the Contract Documents. v. Preconstruction Phase Services: Preconstruction Phase Services will mean all services described in Section 3.a, and any similar services described in the Request for Proposals, including such similar services as are described in the CM/GC's RFP response to the extent they are accepted by the RFP Page 25

26 Owner. w. Preliminary Cost Estimate. Initial cost estimate when Construction Documents ("CD") are at the 50 percent submittal level, as provided in Section 3(a)v(b), and forming the basis for the Final GMP. x. Schematic Design Documents: Schematic Design Documents will have the meaning given in the Consultant Services Contract with the Architect for this Project. y. Scope Change: Scope Change will mean only (i) changed site conditions not reasonably inferable from information available to the CM/GC at the time of execution of the GMP Amendment, and (ii) significant Work modifications (including additions, substitutions, and deletions), application of Allowances, and selection of alternates, all as approved by the Owner under this Contract, beyond that identified or inferable from the GMP Supporting Documents (but in the case of Allowance items, the GMP will increase only if the cost to the Owner of the Allowance items exceeds the total amount of the Allowances). 2. Contract Documents a. Contract Documents: The Contract Documents consist of this Contract and the following exhibits to this Contract: Exhibit A: General Conditions for Public Improvement Contracts ( General Conditions ) Exhibit B: Preconstruction Services from Contractor s Response Attachment B Exhibit C: Form of GMP Amendment Exhibit D: Insurance Requirements Exhibit E: GMP Budget Summary Form b. Effective Date: This CM/GC Contract (hereafter the Contract") will become effective on the date that the District signs. c. The Contract: This Contract, together with the other Contract Documents, forms the entire agreement between the Parties. 3. Contract Work a. Preconstruction Phase Services: The CM/GC agrees to provide all of the Preconstruction Phase Services described below on an ongoing basis in support of, and in conformance with, the time frames described in the Request for Proposals. Commencement of the Construction Phase will not excuse the CM/GC from completion of the Preconstruction Phase Services, if such services have not been fully performed at commencement of the Construction Phase. Preconstruction Phase Services are to include CM Services performed during the Preconstruction Phase. i. Provide a preliminary evaluation of the Owner s program and budget requirements, each in terms of the other. ii. Provide the following services related to design and construction tasks: (a) Consult with, advise, assist, and provide recommendations to the Owner and the Design Team on all aspects of the planning and design of the Work. RFP Page 26

27 (b) Jointly schedule and attend regular meetings with the Owner, the Owner's Authorized Representative, the Architect, and other designated Project consultants (the "Project Team"). Consult with the Owner's Authorized Representative and other Project Team members regarding site use and improvements, and the selection of materials, building systems, and equipment. (c) Provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation, and construction completion; and factor related to construction cost including estimates of alternative designs or materials, preliminary budgets, and possible economies. (d) Review in-progress design documents, including the documents generally described in the industry as Schematic Development Documents, Design Development Documents, and Construction Documents, and provide input and advice on construction feasibility, alternative materials, and availability. Review these completed Schematic Development Documents, Design Development Documents, and Construction Documents and timely suggest modifications to improve completeness and clarity. iii. Provide the following services related to the Project Schedule: (a) Prepare, and update monthly, a preliminary Project schedule for the Project Team's review and the Owner's Authorized Representative's approval. (b) Coordinate and integrate the preliminary Project schedule with the services and activities of the Owner and other Project Team members. As design proceeds, update the preliminary Project schedule to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a GMP proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long- lead time procurement, and the Owner's occupancy requirements showing portions of the Project having occupancy priority, provided that the date(s) of Substantial Completion will not be modified without the Owner's prior written approval. If preliminary Project schedule updates indicate that previously approved schedules may not be met, make appropriate recommendations to the Owner's Authorized Representative and other Project Team members. (c) Make all Project schedules available in electronic format as requested by the Owner. (d) Upon execution of the GMP Amendment, continue this scheduling activity throughout the Construction Phase. iv. Make recommendations to the Owner's Authorized Representative and other Project Team members regarding the phased issuance of Plans and Specifications to facilitate phased construction of the Work, if such phased construction is appropriate for the Project, taking into consideration such factors as economics, time of performance, availability of labor and materials, and provisions for temporary facilities. v. Provide the following services relating to cost estimating. RFP Page 27

28 (a) Verify, for the review of the Owner's Authorized Representative and other Project Team members and approval of the Owner, any preliminary cost estimates during the design phases. (b) When Construction Documents ("CD") at the 50 percent submittal level have been prepared by the Architect and approved by the Owner, prepare a detailed Preliminary Cost Estimate with supporting data for review by the Architect and the Owner's Authorized Representative and approval by the Owner. During the preparation of the Construction Documents, update and refine this estimate at appropriate intervals agreed to by the Owner, the Architect, the Owner's Authorized Representative, and the CM/GC. (c) Reconcile the CM/GC's Preliminary Cost Estimate, based on the 50 percent CD, with the Owner's Construction budget or the Architect's cost estimate to within 3 percent, or as otherwise approved by the Owner, for the basis of the Final GMP. If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, make appropriate recommendations to the Architect and the Owner's Authorized Representative to reduce costs. (d) When CD are 100 percent complete, prepare a Final GMP. (e) Notify the Owner and the other Project Team members immediately if any construction cost estimate appears to be exceeding the construction budget. (f) Otherwise work with the Architect and the Owner to develop a GMP within the Target GMP Range and within the Owner's schedule. vi. Perform the following services relating to Subcontractors and suppliers: (a) Seek to develop Subcontractor and supplier interest in the Project, consistent with applicable legal requirements, and furnish to the Owner's Authorized Representative and Architect for their information a list of possible Subcontractors and suppliers, including suppliers who may furnish materials or equipment fabricated to a special design, from whom competitive bids, quotes, or proposals (collectively, "Offers") will be requested for each principal portion of the Work. Submission of such list is for information and discussion purposes only and not for prequalification. The receipt of such list will not require the Owner, the Owner's Authorized Representative, or the Architect to investigate the qualifications of proposed Subcontractors and suppliers, nor will it waive the right of the Owner or Architect to later object to or reject any proposed Subcontractor, supplier, or method of procurement. (b) Provide input to the Owner and the Design Team regarding current construction market bidding climate, status of key subcontract markets, and other local economic conditions. Determine the division of work to facilitate bidding and award of trade contracts, considering such factors as bidding climate, improving or accelerating construction completion, minimizing trade jurisdictional disputes, and related issues. vii. Recommend to the Owner's Authorized Representative and Architect a schedule for procurement of long-lead time items which will constitute part of the Work as required to meet the Project schedule, which will be procured by the CM/GC upon execution of a GMP Amendment covering such procurement, and approval of such schedule by the Owner's Authorized Representative. Expedite the delivery of long-lead time items. RFP Page 28