REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS RFP No. 12/ Design-Build Services for Medallion Apartments and Williams Plaza Medallion Apartments 1969 NW Johnson St. Williams Plaza 2041 NW Everett St. RFP Issue Date: December 8, 2017 Proposal Due Date: January 8, 2018, 11:00 AM Pre-Proposal Conference: December 13, 2017, 10:00 AM Williams Plaza, Community Room 2041 NW Everett Street, Portland, OR Home Forward 135 SW Ash Street, 5th Floor Portland, OR RFP 12/17-348, Design-Build Services Page 1 of 135

2 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza To: Subject: REQUEST FOR PROPOSALS RFP No. 12/ Design-Build Services for Medallion Apartments Williams Plaza Prospective Design-Builders Issue Date: December 8, 2017 Due Date: Request for Proposals (RFP) for Design-Build Services for Medallion Apartments and Williams Plaza January 8, 2018, 11:00 AM No faxed or ed Proposals will be accepted Submit Proposals to: RFP Contact: Home Forward Procurement & Contracts Department 135 SW Ash Street, 5 th Floor Portland, OR Berit Stevenson Procurement and Contracts Manager Home Forward 135 SW Ash Street, 5 th Floor Portland OR tel: berit.stevenson@homeforward.org Pre-Proposal Conference: December 13, 2017, 10:00 AM Williams Plaza, Community Room 2041 NW Everett Street, Portland, OR (Self-guided tour of Medallion to follow pre-proposal conference) Attendance of a representative of the Design-Builder is not mandatory but is strongly encouraged Document Availability: Electronic copy of the RFP and all required forms and attachments may be obtained from the Home Forward web site at If the RFP is obtained via the website, a registration form should be ed to berit.stevenson@homeforward.org in order to be added to the Prospective Proposers List and receive addenda. 2 RFP 12/17-348, Design-Build Services Page 2 of 135

3 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza I. INTRODUCTION A. Notice B. Home Forward C. Project Overview D. Project Goals E. Construction Budget F. Scope of Construction Work Overview G. Project Funding H. Project Schedule I. Economic Participation Opportunities J. Joint Ventures, Partnerships K. Design Build L. Contract M. Contract Requirements N. RFP Schedule O. Changes to RFP II. SCOPE OF SERVICES A. Composition of Design-Build Team B. Statement of Work III. SUBMISSION REQUIREMENTS A. Content Specifications B. Format Specifications IV. TABLE OF CONTENTS PROPOSAL EVALUATION & AWARD A. Evaluation Process B. Evaluation Criteria C. Written Proposal Evaluation D. Interviews of Proposers in Competitive Range, Scoring Revisions E. Award of Contract V. STATEMENTS & REQUIRED INFORMATION A. Clarifications, Addenda, Protests of RFP Terms and Conditions B. Clarification of Proposals C. Protests D. Selection of Subconsultants, Subcontractors, Suppliers E. Cancellation or Rejection, Waiver of Irregularities F. Cost of Proposal Preparation G. References H. Confidentiality I. Withdrawal of Proposals J. Reservation of Rights Concerning RFP VI. EXHIBITS A. Fee Proposal Form (submission requirement) B. Certification of Non-Discrimination (submission requirement) C. HUD Form 5369 A (submission requirement) D. HUD Form 5369 C (submission requirement) E. Non-Collusion Affidavit (submission requirement) F. Economic Participation Program Requirements G. Modified AIA A Design-Build Agreement H. Background Information for Williams Plaza I. Background Information for Medallion Apartments 3 RFP 12/17-348, Design-Build Services Page 3 of 135

4 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza I. INTRODUCTION 1. NOTICE HOME FORWARD DESIGN-BUILD SERVICES REQUEST FOR PROPOSALS No. 12/ Proposals are requested from qualified Design-Build Teams (also referred to in the RFP as Proposer or Team ) for the provision of services related to the design and construction of renovation and repair work for Medallion Apartments and Williams Plaza. The purpose of this solicitation is to secure proposals from Design-Build Teams who have prior experience in planning, designing, engineering and the construction renovation of facilities of similar scope and scale. Home Forward will accept proposals until 11:00 AM January 8, 2018, at Home Forward s Procurement and Contracts Department, located at 135 SW Ash Street, 5 th Floor, Portland, OR Proposals should be clearly marked with the Proposer s name and address, as well as the RFP title and number. Home Forward plans to undertake renovation and repair work at Medallion Apartments and Williams Plaza located in Portland, Oregon. The two properties have a combined total of 191 housing units that primarily serve senior and disabled residents. Renovation and repair work for each building will be finalized during the programming phase, and performed by the selected Design-Build Team. The combined construction budget for the two properties is $15,400,000. Work will be subject to the U.S. Department of Housing and Urban Development s (HUD) Technical Salary Determination, federal Davis-Bacon Act prevailing wage requirements, and Oregon s BOLI requirements. Electronic copies of the RFP and all required forms and attachments may be obtained from the Home Forward web site: If the RFP is obtained via the website, a registration form (made available on the website) should be ed to berit.stevenson@homeforward.org in order to be added to the Prospective Proposers List and receive addenda. A non-mandatory Pre-Proposal Conference, for Design-Build Teams will be held on December 13, 2017, at 10:00 AM in the Williams Plaza Community Room, located at 2041 NW Everett Street, Portland, OR Home Forward has an established goal of 20% participation by minority-owned, woman-owned or emerging small business (MWESB) firms on this project. Interested MWESB firms are encouraged to attend the Pre-Proposal Conference and submit proposals. RFP Contact: Berit Stevenson Procurement and Contracts Manager Home Forward berit.stevenson@homeforward.org RFP 12/17-348, Design-Build Services Page 4 of 135 4

5 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza 2. Home Forward The mission of Home Forward is to assure that the people of our community are sheltered. Home Forward has a special responsibility to those who encounter barriers to housing because of income, disability or special need. As the owner of Medallion Apartments and Williams Plaza, Home Forward will work with the Design-Build Team during pre-construction and construction. Home Forward will assign Jonathan Trutt, as the Project Director. Other key Home Forward staff will be available to share expertise with the Design-Build Team. Home Forward will assign a Relocation Program Manager to the Project to assist with resident communications, coordination and relocation. 3. Project Overview In 2007, Home Forward adopted a Public Housing Preservation Initiative (PHPI) with the objective of addressing unmet and unfunded capital needs at public housing properties. Between 2015 and 2016, the agency completed $50 million of capital improvements to four high-rise properties, and converted the subsidies from public housing to a site based voucher program. Home Forward is focused on converting the remainder of the public housing subsidies within its portfolio to site-based vouchers. Home Forward intends to similarly convert Medallion and Williams and complete renovations at these occupied properties. Project Name City # of Bldgs. Units Year Built Construction Budget Medallion Apartments 1969 NW Johnson Street Portland $10,000,000 Williams Plaza 2041 NW Everett Street Portland* $5,400,000 Totals 191 $15,400,000 The two properties have had a variety of capital projects completed in their lifespans. Information on some of these improvements and renovations, along with other existing conditions and previous studies and analyses can be found in the attached Exhibits. These properties primarily serve senior and disabled residents. Some degree of relocation of these residents is contemplated. Each property has a community room and limited parking. 4. Project Goals Renovation and repair work to the properties represents a significant public investment. The project goals reflect these community values: Livability. Develop a program that will improve livability for residents and a work plan that will mitigate impacts on residents and building operations during construction. Fiscal Responsibility. Use financial resources wisely. Extend the Operational Life of the Buildings. Remedy immediate needs, address life safety issues and increase the life of major components and systems to maximize value. Operational Sustainability. Use durable building materials and systems that will deliver low long-term operational costs and an easy-to-maintain, functional, healthy, and efficient facility. Economic Equity. Home Forward values fair opportunity and fair access in contracting and workforce hiring. RFP 12/17-348, Design-Build Services Page 5 of 135 5

6 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza 5. Construction Budget Home Forward intends to select a single Design-Build Team for the work at both properties. The construction budget between the two properties is estimated at $15,400,000. Budget allocations for reach property are fungible at Home Forward s discretion. The Design-Build Team will provide cost estimates based on current market conditions and will recommend value-engineering strategies to ensure final construction costs do not exceed available funds. 6. Scope of Construction Work Overview While the exact scopes of the work for each building will be evaluated and prioritized during the programming phase, Home Forward has identified likely work elements, which are included with the property descriptions below. Medallion Apartments (1969 NW Johnson Street, Portland, Oregon 97209) Built in 1965 and comprised of one six-story concrete block building covered with EIFS on 3 sides, with a built-up roofing system and basement. As the building is located in the Alphabet Historic District, any envelope modifications will require Type III Land Use Review. The site contains 5 standard, 3 compact and 1 accessible parking spaces. o Site work, landscaping and paving o Envelope replacement o Roofing replacement o Domestic piping and sewer replacement o Ventilation improvements o Electrical system improvements o Energy efficiency improvements o Unit bathroom renovations o Safe exiting improvements o Elevator upgrades Williams Plaza (2041 NW Everett Street, Portland, Oregon 97209) Built in 1971 and comprised of one nine-story masonry building with original built-up roofing system and basement. The site contains 23 standard and 2 accessible parking spaces. o Site work, landscaping and paving o Roofing replacement o Boiler and piping replacement o Ventilation improvements o Energy efficiency improvements o Common space renovations o Unit cabinetry replacement o Safe exiting improvements o Elevator upgrades 7. Project Funding Funding for the project is a combination of Low Income Housing Tax Credits (LIHTCs), conventional construction and permanent loans, as well as Home Forward funds and other federal and local sources. Home Forward has received federal project-based rent assistance for the two properties. 8. Project Schedule Work on both buildings is expected to happen concurrently. Programming will begin as soon as the successful Design-Build Team is under contract. By July 2018, the Design-Build Team will prepare a conceptual program and cost estimates, inspect all units to create capital needs assessments to support an application for low-income housing tax credits and supporting design materials. The construction schedule is subject to the scope of work and permitting for each RFP 12/17-348, Design-Build Services Page 6 of 135 6

7 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza building, but the anticipated start date is April Substantial completion for both buildings is expected within 15 months. 9. Economic Participation Opportunities Home Forward values fair and open access to opportunities for businesses and the workforce. In this regard: 1. State of Oregon certified MWESBs are encouraged to respond to this RFP and to pursue subsequent subconsultant and subcontractor opportunities available during the design and construction phases. A goal of 20% MWESB participation has been established for this project. 2. Compliance with Section 3 of the HUD Act of 1968 will be monitored throughout this project. A minimum of 10% of all construction contracts should be awarded to Section 3 Businesses and 3% of all non-construction contracts should be awarded to Section 3 Businesses. In addition, 30% of all aggregated new-hires shall be Section 3 Residents living in the metropolitan Portland area or qualifying non-metropolitan counties. 3. Workforce Training & Hiring requirements as described in Exhibit F. 10. Joint Ventures, Partnerships If the Proposer is a joint venture or partnership, each joint venture member or partner must sign the Agreement on behalf of both itself and the joint venture or partnership. Proposals from multiple partnering firms or joint ventures will be considered, provided that such a proposal is accompanied by a copy of a joint venture agreement, partnership agreement, or other evidence of partnership, signed by all parties. 11. Contract The Owner-approved modified AIA A Standard Form of Agreement Between Owner and Design-Builder ( AIA A or Agreement ), with all attachments and exhibits is included as Exhibit G. The Agreement contains pre-construction and construction services, described further in the Scope of Services section of this RFP. All construction work will be authorized by GMP amendments. Authorization to proceed with a subsequent phase will occur only after Home Forward and the Design-Builder have successfully negotiated the scope and cost of the contemplated GMP. If required by the funding sources, the contracts will be assigned to a limited partnership or similarly structured corporate body. Proposers should state their willingness to execute the Agreement provided with this RFP (with the blanks and exhibits filled in appropriately as agreed in the normal course). Proposers should expressly state their reservations, if any, regarding the form of Agreement and identify changes, if any, that they request be made to the form of Agreement and include these requests in the appendix. In stating reservations and identifying changes regarding the form of Agreement, Proposers should know that Home Forward will value specificity and clarity regarding both the reservations expressed, the changes requested and their rationales. 12. Contract Requirements The Design-Builder will be required to provide insurance and performance and payment bonds equal to 100% of both the pre-construction and construction elements of the contract. The Design-Builder must also participate in the City of Portland Workforce Hiring and Training Program, as well as the HUD Section 3 and Home Forward s MWESB programs, as outlined in Exhibit F. All construction work is subject to compliance with both the federal Davis-Bacon Act and Oregon BOLI requirements. RFP 12/17-348, Design-Build Services Page 7 of 135 7

8 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza 13. RFP Schedule Home Forward reserves the right to deviate from this schedule. RFP Schedule RFP Issue Date 12/08/2017 Pre-Proposal Conference 12/13/2017 Deadline for Written Requests for Information 12/18/2017 Last Addendum Issue Date (if needed) 12/19/2017 Proposals Due 1/08/2018 Evaluation of Written Proposals 1/08/2018 1/17/2018 Notice of Competitive Range 1/19/2018 Interviews, if conducted (Proposers in Competitive Range Only) 1/24/2018 Selection of Candidate 1/26/2018 Notice of Intent to Award 1/29/2018 Contract Execution 2/20/ Changes to RFP Home Forward reserves the right to change this RFP. Changes shall be by written addendum and shall be issued to all entities on Home Forward s Prospective Proposers List for this RFP. Proposers shall not rely on verbal or written representations regarding this RFP except for written addenda issued by Home Forward. A prospective Proposer may request a change to the RFP by submitting a written request to the RFP Contact. The request shall specify the provision of the RFP or Agreement in question and shall contain an explanation for the requested change. Home Forward shall evaluate any request submitted, but reserves the right to determine whether to accept or reject the change. All requests for changes shall be submitted in writing to Home Forward no later than 2:00 PM on December 18, II. SCOPE OF SERVICES A. Composition of Design-Build Team When responding to this RFP, the Proposer shall identify the Design-Builder, Architect(s), and subconsultants as necessary to complete the programming phase of the work contemplated by this RFP. At minimum, the team should include consultants for structural engineering, building sciences, landscape architecture and mechanical, electrical, and plumbing engineering. Other team members may be identified after the scope of work is established. The Design-Builder will be responsible for engaging all subconsultants and subcontractors necessary to complete the work. The Proposer must demonstrate to Home Forward that the proposed Team includes expertise that is clearly relevant to the work contemplated for Medallion Apartments and Williams Plaza. RFP 12/17-348, Design-Build Services Page 8 of 135 8

9 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza B. Statement of Work The selected Design-Build Team shall provide pre-construction and construction services as described in this RFP and the attached AIA A within the specified schedule at the agreed upon price. Pre-construction services include two elements: All architectural and engineering design services necessary to complete the work and, Traditional construction management services typically associated with a Construction Manager/General Contractor (Design-Build) contract. Pre-construction services will be delivered in two phases: programming and design (see AIA ). If required, Home Forward will retain the services of a land surveyor, geotechnical engineer, environmental engineer, and testing company. III. SUBMISSION REQUIREMENTS A. Content Specifications To be considered responsive and responsible, Proposers shall respond to the stated requirements. Respond only to the items listed below, and include only relevant information. Do not include lists (past projects, past clients, etc.) unless specifically requested. Responses must be specific and complete unto themselves. Any submittal or material that does not, in the opinion of Home Forward, fully and completely address these requirements will not be reviewed by the Selection Committee (Committee). Brevity is encouraged. The Committee will look favorably upon succinct and direct language. For the purposes of this RFP, the Design-Build Team may be composed of one or more team members. A team member is defined as a legal entity that undertakes some or all of the obligations outlined in this RFP. 1. Cover Letter Introduce your Team and describe your business philosophy. Identify the Design-Builder and the design professionals required for the currently identified scope of work. An authorized representative of the Design-Builder shall sign the letter. Indicate receipt of any addenda received. 2. Team a. Names & addresses of the Design-Build team. List past collaborations. Present each firm s history, including number of years in continuous operation, current staffing level, current workload and capacity. Include timelines for current and committed projects. Include MWESB certification information if applicable. b. Narrative and/or graphic that identifies the key personnel from each firm at the corporate and field levels that will be assigned to this project during pre-construction and construction. Describe their relevant experience, responsibilities and approximate amount of time each will devote to this project during every phase. The Agreement will require that no key personnel will be replaced during the term of the contract without the prior written approval of Home Forward. Resumes included in the appendix will not be counted against the 20-page limit. c. Provide proof of valid State of Oregon licensure for all team members required to be licensed by state law. Licenses included in the appendix will not be counted against the 20-page limit. RFP 12/17-348, Design-Build Services Page 9 of 135 9

10 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza d. Provide the Design-Builder s OSHA Incident Rate for the past five years, as well as any OSHA violations over the same time period. Also provide the Design-Builder s current EMR score. e. State whether any member of the Design-Build Team is currently, or has been during the last five years, involved in defending, negotiating, mediating, or litigating (in court, administrative proceedings, or arbitration) any claims or liens relating to or arising from construction, design or business activities. Provide a brief description of the circumstances that led to the claim(s) and resolution(s). Home Forward reserves the right to request more information on any and all claims disclosed. 3. Portfolio/Similar Project Experience (limit 2 pages per project) Describe the Team s recent experience in providing design and construction services for at least three (3) but no more than four (4) built projects that are relevant to the work contemplated by this RFP (relevant characteristics are public ownership, building size and scale, occupied residential buildings, buildings in urban neighborhoods, extensive renovation and repair work and team structure). Though projects do not have to be Design-Build projects to be relevant, the Committee may give more weight to projects that are Design-Build or its equivalent. Include projects with a construction budget of $5,000,000 or more completed within the past five years. Work by any team member may be included; it is not necessary that team members worked together on portfolio projects. Include the following information for each project: location, timeframe, size, construction type, owner, cost and MWESB and Section 3 outcomes. Describe the contributions made by the Design-Builder during the pre-construction phases on the highlighted projects. 4. Project Approach Describe the Team s approach to completing the work. Address both pre-construction and construction activities. This section provides an opportunity to present detailed project management strategies. Include the following elements: a. Architectural and engineering work b. Budget and Schedule Control c. Job Site Safety Plan d. Quality Assurance/Quality Control Plan e. Project Hand-Off f. Resident and Neighborhood Coordination 5. Economic Participation Provide the framework for a plan that maximizes MWESB participation, Section 3 participation, workforce diversity and apprenticeships. Describe the methods the team will use related to: 6. Fee a. Soliciting and encouraging participation by MWESB and Section 3 subcontractors and suppliers, providing anticipated outcomes for the project; and b. Maximizing the employment of women and minorities; and c. Establishing, implementing and administering an apprenticeship program that complies with the Workforce Hiring and Training Program. Submit a fee proposal on the form provided as Exhibit E in accordance with the instructions provided below. a. Programming Fee. A GMP for all pre-construction services related to programming only RFP 12/17-348, Design-Build Services Page 10 of

11 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza as described in the AIA A Provide an appropriate and adequate level of detail. Identify team members not yet selected as TBD. b. Design-Builder Fee. A fee in the form of a percentage that will be applied to programming, design services, and construction services as described in the AIA A c. Reimbursable Labor Costs. An estimate of reimbursable supervisory and administrative labor costs included as Cost of Work for construction services only per and of the Agreement. Base this information on the specific staff proposed for this project and include detail that describes job categories and time allocations. d. Hourly Rates. For the Architect only. Hourly Rates will not be included in the page count if they are in an appendix. For purposes of the fee proposal, assume a total construction cost of $15,400,000 and a 15-month construction duration. B. Format Specifications Each proposal shall comply with the following specifications: x 11 format, with margins no less than Font size no smaller than 10 points. 3. Pages numbered sequentially. The proposal shall not exceed 20 pages. Pages in excess of 20 will not be evaluated. The page limit does not include front and back covers, section dividers, the Fee Proposal Form, or items noted for inclusion in an appendix. 4. Submit only one (1) full color hard copy original of the proposal and Fee Proposal Form, secured with a binder clip. Do not bind the original. The proposal shall be enclosed in a sealed envelope marked with the project title, RFP number, and the name and address of the Design-Builder. 5. Submit only one (1) full color hard copy original of each of the following appendix items secured with a binder clip. Do not bind the appendices. These pages will not be counted within the page limit. Submit in the same envelope as the proposal. a. Resumes of key personnel b. Proof of State of Oregon licensure c. Hourly Rates (Architect only) d. Joint venture information, if applicable e. Requested Contract Modifications, if applicable f. Exhibit B, Certificate of Non-Discrimination g. Exhibit C, HUD Form 5369 A h. Exhibit D, HUD Form 5369 C i. Exhibit E, Non-Collusion Affidavit 6. In the sealed envelope containing the Proposal, include a USB flash drive with two Portable Document Format files (PDF) containing (1) the proposal with the Fee Proposal Form included, and (2) the appendix material. All electronic material should be designed to be compatible with the PDF format (no projecting tabs, no assumptions about color calibration, paper weight, etc.). RFP 12/17-348, Design-Build Services Page 11 of

12 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza IV. PROPOSAL EVALUATION & AWARD A. Evaluation Process The following process will be generally followed for the evaluation and award of a contract: 1. Determine if proposals meet minimum requirements; 2. Evaluate proposals; 3. Determine which proposals are in the Competitive Range; 4. Interviews for Proposers in the Competitive Range (if deemed in the best interest of Home Forward) and final scoring; 5. Selection of candidate; 6. Home Forward Board of Commissioners approval of contract award. B. Evaluation Criteria Evaluation Criteria Points Design-Build Team 25 Portfolio/Similar Project Experience 20 Project Approach 20 Economic Participation 10 Fee 25 Home Forward reserves the right to investigate the qualifications of all Proposers under consideration and to confirm any part of the information furnished by a Proposer, or to require additional evidence of managerial, financial, technical, or other capabilities that are considered necessary for the successful performance of the work. C. Written Proposal Evaluation A Selection Committee will be formed to evaluate responsive proposals and shall apply the evaluation criteria and scoring set forth above. The Committee will determine which proposals are in the Competitive Range. A Proposer that the Committee considers as not having a reasonable chance of being determined as a top ranked Proposer based on the proposal as submitted will not be considered in the Competitive Range. The Committee may conclude that only one proposal is in the Competitive Range. The Committee may meet one or more times to discuss and rank proposals. Home Forward will provide written notice of the Competitive Range to all Proposers. Home Forward may in its sole discretion find that proposals not adhering to all terms and conditions of this RFP, or that are otherwise non-responsive, be found to not meet the minimum requirements and may be rejected or given a low rating in the evaluation process. D. Interviews The Committee will determine if interviews are necessary and in the best interest of Home Forward, or if a selection can be made based on proposals and other information gathered. In the event interviews are conducted, only those Proposers in the Competitive Range will be interviewed. Upon conclusion of the interviews, Committee members may revise scores based on the evaluation criteria and scoring set forth above. Interviews are not a separate evaluation criterion eligible for points, but the Committee may consider the interview when revising its scores. The Committee may meet one or more times to discuss interviews and revise scores. RFP 12/17-348, Design-Build Services Page 12 of

13 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza E. Award of Contract The Committee will rank the Proposers in the Competitive Range and, based on final scores, recommend a contract be awarded to the candidate determined to be most qualified and advantageous to Home Forward. Home Forward will issue a Notice of Intent to Award letter to each Proposer in the Competitive Range. V. STATEMENTS & REQUIRED INFORMATION A. Clarifications, Addenda, Protests of RFP Terms and Conditions Proposers are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFP. Proposers should request clarification or additional information concerning the RFP in writing as soon as possible, but in no event will such requests be received by Home Forward later than December 18, 2017, 2:00 PM. If, in Home Forward s opinion, additional information or interpretation is necessary, such information will be supplied in the form of an addendum that will be ed to all individuals, businesses, etc., on the Prospective Proposers List. Such addenda shall have the same binding effect as though contained in the main body of the RFP. Corrections or clarifications made in any manner other than by written addendum addressed to all Proposers will not be binding on Home Forward and Proposers shall not rely thereon. Any prospective Proposer who contends that the terms and conditions of this RFP, the Contract, or any aspect of the selection process (1) will encourage favoritism in the award of the Contract for Services; (2) will substantially diminish competition; (3) will violate any other statute, regulation (including but not limited to Home Forward s Public Contracting Rules), policy, or law of any kind; or (4) is ambiguous, insufficient, or unfair for any reason, must file a written protest to the RFP, which must be received by Home Forward on or before December 18, 2:00 PM. Failure to file a protest by this time will be deemed a waiver of any claim by any Proposer that the selection process violates any of the items (1)-(4) of the foregoing sentence. B. Clarification of Proposals Home Forward reserves the right to seek clarification of written Proposals. Proposers will provide additional clarifying information in a timely manner. C. Protests Home Forward will issue a Notice of Competitive Range to all proposers following the identification of Proposers in the Competitive Range. Following the final scoring of those Proposals in the Competitive Range, Home Forward will then issue a Notice of Intent to Award letter to each Proposer in the Competitive Range. 1. Competitive Range Protests and Intent to Award Protests. An adversely affected or aggrieved Proposer may submit a written protest of Home Forward s decision regarding the Competitive Range and/or the Notice of Intent to Award. The protest shall specify the grounds upon which the protest is based. To be adversely-affected or aggrieved, the Proposer must demonstrate that but for Home Forward s (a) error in failing to reject a non-responsive higher-ranked proposal, or (b) substantial violation of a provision in the RFP or applicable procurement statute or administrative rule, or (c) error in evaluating and scoring the protesting party s Proposal, the protesting party would have been awarded the Contract. 2. Latest Date to Protest. Protests must be received by Home Forward no later than seven (7) calendar days from the date of the Home Forward s Competitive Range Notice or Notice of Intent to Award, unless indicated otherwise in the letter. 3. Protest Delivery. Protests shall be delivered in hard copy to the address below no later than 2:00 PM on the protest due date. Late protests shall not be considered. Any protests of this solicitation should be sent to: Berit Stevenson Procurement & Contracts Manager RFP 12/17-348, Design-Build Services Page 13 of

14 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza Home Forward 135 SW Ash Street, 5 th Floor Portland, OR Hearing. At the request of the protesting party, a hearing will be conducted before the Manager for Procurement and Contracts or other person so delegated by Home Forward s Executive Director within seven calendar days after submission of the written protest. The Manager for Procurement and Contracts or other person so delegated by Home Forward s Executive Director shall consider a written protest and issue a written decision on the protest. A protest that is filed in an untimely manner or that fails to allege facts that support a finding that the protestor is an aggrieved Proposer will not be considered. D. Selection of Subconsultants, Subcontractors, Suppliers Home Forward reserves the right to accept or reject any subconsultant, subcontractor or supplier. E. Cancellation or Rejection, Waiver of Irregularities Home Forward reserves the right to cancel this solicitation or reject any or all proposals in whole or in part, and to cancel award of this Contract at any time before execution of the Contract by both parties if cancellation or rejection is deemed to be in Home Forward s best interest. In no event shall Home Forward have any liability for cancellation of award or rejection of Proposals. Home Forward reserves the right to waive irregularities or deficiencies in a Proposal if such waiver is in the best interest of Home Forward. F. Cost of Proposal Preparation Proposers responding to this RFP do so solely at their own expense. Under no circumstances will Home Forward be responsible for or reimburse Proposers for any costs incurred in the preparation and presentation of Proposals or for any related expenses or consequential damages. G. References Home Forward reserves the right to investigate references. Investigation may include past performance of the Proposer with respect to the successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule or on budget, and lawful payment of subcontractors, employees, and workers. Supportive references must be furnished if demanded by Home Forward. H. Confidentiality All information submitted by Proposers shall be a public record and subject to disclosure pursuant to the Oregon Public Records Act, except such portions of the Proposal for which Proposer requests exception from disclosure consistent with Oregon Law. The Proposal should identify any confidential information that the Proposer contends is exempt from disclosure under ORS or Home Forward will endeavor in good faith to honor appropriate requests for exemption from disclosure, but Home Forward reserves exclusive discretion to determine whether information qualifies for a statutory exemption. Home Forward's obligation under this section shall survive selection of the Design-Build Contractor. I. Withdrawal of Proposals Any Proposal may be withdrawn by delivering a written request to Home Forward at any time prior to the time set for opening Proposals. The request shall be executed by a duly authorized representative of the withdrawing Proposer. J. Reservation of Rights Concerning RFP Home Forward retains exclusive discretion and reserves the right to determine: Whether a Proposal is complete and complies with the provisions of this RFP; Whether a Proposer should be allowed to submit supplemental information; RFP 12/17-348, Design-Build Services Page 14 of

15 Request for Proposals Design-Build Services for Medallion Apartments and Williams Plaza Whether irregularities or deficiencies in a Proposal should be waived; Whether to seek clarifications of a Proposal or request additional information necessary to permit Home Forward to evaluate, rank, and select the most qualified Proposer; Whether the Selection Committee should reconvene at any time to collectively review the scoring and make changes the Committee deems appropriate. VI. EXHIBITS A. Fee Proposal Form (submission requirement) B. Certification of Non-Discrimination (submission requirement) C. HUD Form 5369 A (submission requirement) D. HUD Form 5369 C (submission requirement) E. Non-Collusion Affidavit (submission requirement) F. Economic Participation Program Requirements G. Modified AIA A Design-Build Agreement H. Background Information for Williams Plaza I. Background Information for Medallion Apartments - END - 15 RFP 12/17-348, Design-Build Services Page 15 of 135

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17 FEE PROPOSAL FORM (Submission Requirement) Total Construction Budget $ Initial Guaranteed Maximum Price (GMP) Programming phase fee only. Provide an appropriate and adequate level of detail on a separate sheet. 1. Design & Engineering Team 2. Design-Builder Design Amendment Design phase fee only. Construction Services Amendment Construction services phase fee only. $ $ TBD TBD Design-Builder Fee This fee is applied to all pre-construction and construction services and is described as a percentage. % Reimbursable Labor Costs Estimate of reimbursable supervisory and administrative labor costs included as cost of work for the construction phase only. These costs are further described in and of the Agreement. $ Signature: Name: Title: Date: RFP 12/17-348, Design-Build Services Page 17 of 135

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19 CERTIFICATION OF NON-DISCRIMINATION The undersigned proposer is aware that, under ORS 279A.110, no proposer who contracts with a public contracting agency may discriminate against minority, women or emerging small businesses in the awarding of subcontracts. Accordingly, the undersigned proposer hereby certifies as part of its proposal submission that it has not and will not discriminate against any minority, women, or emerging small business enterprises in obtaining any of the required subcontracts for this Project. Proposer s Name: Signed By: Its: Dated: RFP 12/17-348, Design-Build Services Page 19 of 135

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21 Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs Table of Contents Clause Page 1. Certificate of Independent Price Determination 1 2. Contingent Fee Representation and Agreement 1 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1 4. Organizational Conflicts of Interest Certification 2 5. Bidder's Certification of Eligibility 2 6. Minimum Bid Acceptance Period 2 7. Small, Minority, Women-Owned Business Concern Representation 2 8. Indian-Owned Economic Enterprise and Indian Organization Representation 2 9. Certification of Eligibility Under the Davis-Bacon Act Certification of Nonsegregated Facilities Clean Air and Water Certification Previous Participation Certificate Bidder's Signature 3 1. Certificate of Independent Price Determination (a) The bidder certifies that-- (1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (b) Each signature on the bid is considered to be a certification by the signatory that the signatory-- (1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above. [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. [ ] [Contracting Officer check if following paragraph is applicable] (d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000) (1) Each bidder shall execute, in the form provided by the PHA/ IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit. (2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid. 2. Contingent Fee Representation and Agreement (a) Definitions. As used in this provision: "Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. "Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter. (b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer. (d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000) (a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification. Previous edition is obsolete Page1 of 3 RFP 12/17-348, Design-Build Services Page 21 of 135 form HUD-5369-A (11/92)

22 (b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and (3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision. 4. Organizational Conflicts of Interest Certification The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities: (a) Result in an unfair competitive advantage to the bidder; or, (b) Impair the bidder's objectivity in performing the contract work. [ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement. 5. Bidder's Certification of Eligibility (a) By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcontractors, is ineligible to: (1) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or, (2) Participate in HUD programs pursuant to 24 CFR Part 24. (b) The certification in paragraph (a) above is a material representation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs. 6. Minimum Bid Acceptance Period (a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids. (b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. (c) The PHA/IHA requires a minimum acceptance period of [Contracting Officer insert time period] calendar days. (d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum requirement. The bidder allows the following acceptance period: calendar days. (e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected. (f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above. 7. Small, Minority, Women-Owned Business Concern Representation The bidder represents and certifies as part of its bid/ offer that it -- (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women-owned business enterprise. "Womenowned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [ ] is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) The bidder represents and certifies that it: (a) [ ] is, [ ] is not an Indian-owned economic enterprise. "Economic enterprise," as used in this provision, means any commercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned. "Indian," as used in this provision, means any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act. (b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body. Indian "tribe" means any Indian tribe, band, group, pueblo, or Previous edition is obsolete Page 2 of 3 RFP 12/17-348, Design-Build Services Page 22 of 135 form HUD-5369-A (11/92)