ON CALL PROGRAM - Portland State University...th Avenue | Suite 2601600 SW 4 PO Box 751 – FAST-CAPS Portland, OR 97207-0751 [email protected] Contracting and Procurement Services

1600 SW 4th Avenue | Suite 260 PO Box 751 – FAST-CAPS Portland, OR 97207-0751 [email protected]

Contracting and Procurement Services PORTLAND STATE UNIVERSITY

ON CALL PROGRAM Solicitation #1530

Request for Proposals for Construction Related Services

June 17, 2014 Proposals will be continuously accepted until May 31, 2015

Portland State University | On Call Program Construction Related Services RFP

Contents

SECTION 1 - ADMINISTRATIVE INFORMATION 1

1.1 INTRODUCTION ................................................................................................................... 1 1.2 ON CALL AGREEMENT INFORMATION ................................................................................ 1

1.2.1 Contracting Methods ............................................................................................. 2 1.2.2 Incorporation of Terms and Documents ................................................................ 2 1.2.3 Contract Term ........................................................................................................ 3

1.3 RESPONSE ........................................................................................................................... 3 1.4 INSURANCE, LICENSURE AND BONDING REQUIREMENTS ................................................. 4 1.5 QUESTIONS FROM PROPOSERS .......................................................................................... 4 1.6 ADDENDA ............................................................................................................................ 4 1.7 WITHDRAWAL/ REJECTION/ PROTEST ................................................................................ 4 1.8 INCURRED COSTS ................................................................................................................ 5 1.9 EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT; COMPLIANCE WITH PSU POLICIES. 5 1.10 EQUITY AND DIVERSITY ....................................................................................................... 6 1.11 PUBLIC RECORDS................................................................................................................. 6

SECTION 2 - PROPOSAL REQUIREMENTS 7

2.1 PROPOSAL SUBMISSION ..................................................................................................... 7 2.2 EVALUATION CRITERIA ........................................................................................................ 7

2.2.1 Company Information ............................................................................................ 7 2.2.2 Services .................................................................................................................. 8 2.2.3 Experience .............................................................................................................. 8 2.2.4 Personnel ............................................................................................................... 8 2.2.5 Safety and Quality Control ..................................................................................... 8 2.2.6 Equity and Diversity ............................................................................................... 8 2.2.7 Licensing and Legal Compliance ............................................................................ 8 2.2.8 Rates and Fees ....................................................................................................... 8

SECTION 3 - EVALUATION AND SELECTION PROCESS 10

3.1 SELECTION PROCESS ......................................................................................................... 10

APPENDICES 11

4.1 PSU GENERAL CONDITIONS .............................................................................................. 11 4.2 PSU DIVISION 01 ............................................................................................................... 11 4.3 PSU CAMPUS MAP ............................................................................................................ 11 4.4 SAMPLE ON CALL AGREEMENT ......................................................................................... 11 4.5 SAMPLE WORK AUTHORIZATION ..................................................................................... 11 4.6 SAMPLE TASK ORDER ........................................................................................................ 11 4.7 INFORMATION FORM ....................................................................................................... 11 4.8 RATES AND FEES FORM..................................................................................................... 11 4.9 OPTIONAL PROPOSAL TEMPLATE ..................................................................................... 11

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SECTION 1 - ADMINISTRATIVE INFORMATION 1.1 INTRODUCTION Effective July 1, 2014, Portland State University (“PSU”) will become an independent public body governed by the PSU Board of Trustees. PSU intends to establish its own On Call Program to replace the OUS Retainer Program. PSU is seeking proposals (“Proposals”) from qualified contractors (“Contractor” or “Proposer”) to enter into an On Call Agreement to provide construction related services to PSU. Successful Proposers (each a “Contractor”) must be able to furnish construction-related services, including labor, materials, equipment, components, supplies, and supervision necessary for future, and currently undetermined, renovation and improvement projects (collectively, “Work”). Successful Proposers may enter into an On Call Agreement (“On Call Agreement”) effective on or after July 1, 2014. Contractors who have an active On Call Agreement may be directly awarded Work or may be eligible to bid on Work according to the criteria set forth under Section 1.2.1, Selection to Provide Work. Some contracting opportunities for Work may only be available to Contractors under an On Call Agreement. While Contractors may be awarded multiple Work Authorizations or Task Orders during the Term of the Agreement, they are not guaranteed Work. It is possible that no Work Authorization or Task Order is issued during the Term of the On Call Agreement. PSU is issuing this Request for Proposals (“RFP”) pursuant to OAR 580-063-0020(5). Capitalized terms used, but not defined, in this RFP or the PSU General Conditions have the meanings set forth in Oregon Administrative Rules (“OAR”) Chapter 580, Divisions 61 and 63. OAR Chapter 580, Divisions 61 and 63 govern the PSU capital construction procurement processes. Types of services sought (“Service Categories”) are listed in Appendix 4.7, Information Form. Proposals will be accepted as set forth in Section 1.3. Proposers may check only those Service Categories that the Proposer directly performs. Sub-contracting of Work performed pursuant to the On Call Agreement will only be allowed for work awarded under the Service Category of “General Contractor.” At the discretion of PSU, Contractors may be removed from Service Categories that they do not directly perform. This RFP does not commit PSU to enter into any agreement, to pay any expenses incurred in preparation of any response to this RFP, or to procure or contract for any supplies, goods or services. PSU reserves the right without liability to PSU, to cancel this RFP or to reject any proposal that does not comply with this RFP or applicable rules, and to reject any and all responses received as a result of this RFP upon a finding that it is in the public interest to do so. A sample copy of the On Call Agreement is attached to this RFP (Appendix 4.4). PSU reserves the right to enter into negotiations regarding rates submitted via Appendix 4.8, Rates and Fees Form, and other terms before entering into an On Call Agreement. The final On Call Agreement is subject to change by PSU but shall be substantially similar to the sample agreement. All Proposers must identify in their proposal any terms and conditions that they wish to negotiate. Failure to identify those terms they wish to negotiate may result in termination of negotiation. PSU reserves the right to award On Call Agreements to multiple Contractors within the same Service Category. 1.2 ON CALL AGREEMENT INFORMATION Contractors will be selected to enter into an On Call Agreement according to their responses to this RFP. Criteria for selection are set forth in Section 2.2. Note that work under an On Call Agreement is not

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guaranteed and that the On Call Agreement does not give the Contractor exclusive right to perform this type of work for PSU.

1.2.1 Contracting Methods Contractors who successfully enter into an On Call Agreement with PSU can expect the following procedures to be utilized to award Work. Awards will be based on the total anticipated Project amount which includes all contemplated change orders. At its discretion, PSU may solicit bids at lower thresholds than stated. Task Orders (“Task Order”) are written with a specific scope and cost for projects under $5,000 under the terms of the On Call Agreement. Work Authorizations (“Work Authorization”) are written with a specific scope and cost for projects up to $1,000,000 under the terms of the On Call Agreement.

A. Work $5,000 or less – PSU may contact and negotiate directly with Contractors who have

executed On Call Agreements. Upon successful negotiation, PSU may issue a Task Order under the On Call Agreement, substantially similar to the sample Task Order attached hereto as Appendix 4.6. PSU shall not issue a Task Order authorized in an amount that exceeds $5,000.00. The same work may not be split into multiple Task Orders. If changes to a Task Order scope of work cause the total amount of the Task Order to exceed $5,000.00, then PSU may issue a Work Authorization (see Section 1.2.1.B).

B. Projects up to $50,000 – PSU may contact and negotiate directly with Contractors who have

executed On Call Agreements. Upon successful negotiation, PSU shall issue a Work Authorization to the On Call Agreement stating the scope of Work and price terms. A sample form Work Authorization attached hereto as Appendix 4.5. Work Authorizations may contain additional terms specific to the Work; Work Authorizations may be altered through change orders, and/or amendments.

C. Projects $50,000 up to $500,000 – PSU shall invite a minimum of three Contractors to bid or

propose on the Project. PSU may also post a solicitation document on the PSU Construction and Procurement Services website (http://www.pdx.edu/purchasing-contracting). Contractor selection shall be based on the invited Contractors’ bid or responses to criteria included in the solicitation document.

D. Projects $500,000 to $1,000,000 – PSU will post a solicitation document on the PSU

Construction and Procurement Services website (http://www.pdx.edu/purchasing-contracting). All Contractors with an On Call Agreement are welcome to bid or propose. Contractor selection shall be based on the invited Contractors’ bid or responses to criteria included in the solicitation document.

1.2.2 Incorporation of Terms and Documents

Under the On Call Agreement, the Contractor agrees to provide Work to PSU in accordance with the PSU General Conditions dated July 1, 2014, attached hereto as Appendix 4.1, and the PSU Division 1s, attached hereto as Appendix 4.2, both of which are incorporated herein by reference. Any conflict or discrepancies between documents shall be resolved utilizing the following descending order of precedence:

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For Work Authorizations: 1. Work Authorization Amendments and Change Orders – most recent to oldest 2. Work Authorization 3. PSU Supplemental General Conditions 4. PSU General Conditions dated July 1, 2014 5. PSU Division 1s 6. Amendments to the On Call Agreement – most recent to oldest 7. On Call Agreement 8. Addenda to this RFP 9. This RFP

For Task Orders: 1. Task Order 2. PSU General Conditions dated July 1, 2014 3. PSU Division 1s 4. Amendments to the On Call Agreement – most recent to oldest 5. On Call Agreement 6. Addenda to this RFP 7. This RFP

1.2.3 Contract Term

Successful Proposers will be eligible to sign an On Call Agreement, stating the terms and conditions between PSU and the Contractor. The On Call Agreement shall become effective on the date it is fully executed by the parties (the “Effective Date”), and shall remain effective through June 30, 2016 unless otherwise terminated by either Party. The Owner may extend the Term of the Agreement for additional one-year periods. The period of time between the Effective Date and the Termination Date constitutes the Term of the On Call Agreement (the “Term”).

1.3 RESPONSE Proposer may choose to utilize the Proposal Template attached hereto as Addendum 4.9. It is not required. The Proposal Template includes the Information Form and Rates and Fees Form that must be submitted with the Proposal. By submitting a Proposal in response to this RFP, Proposer acknowledges that it has read, understand and agree to comply with all the provisions of this RFP, including all Addenda. To be considered for selection, either hard copy or electronic Proposals must be submitted to Portland State University, Contracting and Procurement Services. See Section 2.1 for complete proposal submission requirements. Email electronic Proposals to: [email protected] using the subject line On Call RFP Proposal – Name of Company Mail written Proposals to: Portland State University FAST-CAPS Attn: Cate Antisdel On Call RFP Proposal PO Box 751 Portland OR, 97207

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1.4 INSURANCE, LICENSURE AND BONDING REQUIREMENTS

1.4.1 Insurance Certificates

Before execution of an On Call Agreement, Contractors must provide certificates of insurance that meet PSU General Conditions for Public Improvement requirements. During the Term of the On Call Agreement, Contractor shall maintain in full force, at its own expense, from companies licensed to do business in Oregon, insurances as noted below. Contractor shall provide Owner with timely renewal of expiring certificates.

1.4.2 Professional Registration Contractors must be licensed with the Construction Contractor’s Board (“CCB”) or the Landscape Contractor’s Board (“LCB”), as applicable to the Work, at the time of Proposal submission and for the Term of the On Call Agreement. If Contractor’s CCB or LCB license becomes inactive during the Term of the On Call Agreement, PSU may suspend Work according to the terms of the PSU General Conditions. Further, Contractors with inactive CCB or LCB licenses cannot be awarded a Work Authorization or Task Order until the CCB or LCB restores the active status of the license. Proposers seeking to perform asbestos abatement Work must provide with their Proposal, and maintain for the Term of the On Call Agreement, a valid license number issued by the Oregon Department of Environmental Quality under ORS 468A.720. All Work shall be performed by appropriately licensed and certified workers and technicians.

1.5 QUESTIONS FROM PROPOSERS Questions and requests for clarifications or changes from Proposers regarding this RFP must be received in writing via email at [email protected]. Emails should include the reasons for the request and any proposed changes. All questions and requests that are timely received will be answered via addenda to the RFP. Other information and responses, written or oral, which are not contained in official written addenda to the RFP from PSU or any other source, are not binding on PSU. 1.6 ADDENDA If any part of this RFP is amended, addenda will be provided on the PSU Construction and Procurement Services website (http://www.pdx.edu/purchasing-contracting). Proposers are exclusively responsible for checking this website to determine whether any addenda have been issued. 1.7 WITHDRAWAL/ REJECTION/ PROTEST

1.7.1 Withdrawal of Proposal A Proposal may be withdrawn at any time before an On Call Agreement has been executed, provided that a written request is received by PSU Contracting and Procurement Services. Requests may be emailed or mailed to the addresses in Section 1.4 of this RFP. The withdrawal of a Proposal will not prejudice the right of a Proposer to submit a new proposal.

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1.7.2 Rejection of Proposals

PSU reserves the right to reject any Proposal that does not comply with the requirements of this RFP or if such rejection would be in the public interest as determined by PSU. If a Proposal is unclear, PSU may ask a Proposer to provide written clarification.

1.7.3 Rejection Protest Any Proposer whose Proposal has been rejected shall have the opportunity to submit a written protest via email or mail to the addresses in Section 1.3. Protests must fully specify the grounds for the protest and include all evidence that the protestor wishes PSU to consider and must otherwise comply with OAR 580-061-0145. All protests will be answered directly with the Proposer. Rejected Proposers shall be notified via email to Proposer and shall be given seven calendar days from the date of the email to file a written protest. Protests may be emailed or mailed to the addresses in Section 1.4 of this RFP. A decision will be issued by PSU within a reasonable time from the date of receipt. The decision of PSU shall be final.

1.8 INCURRED COSTS Portland State University is not liable for any costs incurred by the Proposer in the preparation of their proposals. No billable work can proceed prior to negotiation and execution of an On Call Agreement.

1.9 EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT; COMPLIANCE WITH PSU POLICIES By submitting a proposal package, the proposer certifies conformance to the applicable federal, state and local laws, acts, executive orders, statutes, administrative rules, regulations, ordinance and related court rulings concerning Affirmative Action toward Equal Employment Opportunities. All information and reports required by the Federal or Oregon State or local Governments, having responsibility for the enforcement of the foregoing, shall be supplied to PSU upon request for purposes of investigation to ascertain compliance with the foregoing. Pursuant to OAR 580-061-0030, by submitting a proposal, the proposer certifies that the proposer has not discriminated against Minority, Women or Emerging Small Business Enterprises in obtaining any required subcontracts. The Contractor and personnel performing services under the Agreement are required to fully comply with all applicable policies, rules, and regulations of PSU including the policies below. It is the Contractor's responsibility to ensure its personnel fully observe these policies and other applicable policies. Any violation of PSU regulations by the Contractor or Contractor's personnel shall result in appropriate disciplinary actions, up to and including termination of the Contract for cause.

1.9.1 Prohibited Discrimination and Harassment PSU is committed to providing all students, faculty and staff an equal opportunity in education and employment and an environment free from discrimination, harassment and retaliation. http://www.pdx.edu/diversity/sites/www.pdx.edu.diversity/files/3.15.13%20REV%20Policy%20on%20Prohibited%20Discrimination%20and%20Harassment%20signed%20final.pdf

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1.9.2 Equal Opportunity PSU supports equal opportunity in admissions, education, employment, housing, and use of facilities by prohibiting discrimination in those areas based on age, color, disability, marital status, national origin, race, religion or creed, sex or gender, gender identity or gender expression, sexual orientation, veteran status, or any other basis in law. http://www.pdx.edu/portland-state-university-mission

1.9.3 Professional Standards of Conduct It is the goal of PSU to maintain a safe, respectful, and productive environment for faculty, staff and students. This policy establishes guidelines for professional conduct on our campus. http://www.pdx.edu/hr/professional-standards-conduct

1.10 EQUITY AND DIVERSITY PSU is committed to ensuring equity and diversity in its procurement and contracting process and increasing opportunities for Minority, Women and Emerging Small Businesses (MWESB). Therefore, PSU strongly encourages its Contractors to utilize MWESB firms in providing services and materials for PSU contracts and projects. 1.11 PUBLIC RECORDS PSU will keep this RFP and each proposal received in response to it, together with all documents pertaining to the award of any agreement, as part of a file or record that is open to public inspection. If a proposal contains any information that constitutes a trade secret under ORS 192.501(2), each sheet containing a trade secret must be marked with the following legend: “This data constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.” The Oregon Public Records Law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure may apply “unless the public interest requires disclosure in the particular instance.” (ORS 192.501.) Therefore, non-disclosure of documents or any portion of a document submitted as part of a proposal may depend upon official or judicial determinations made pursuant to the Public Records Law. These restrictions may not include cost or price information.

END OF SECTION 1

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SECTION 2 - PROPOSAL REQUIREMENTS

2.1 PROPOSAL SUBMISSION 2.1.1 Proposals must:

1. Include responses to the requested information in Section 2.2. 2. Include name, address, email and phone number for the main proposal contact person. 3. Include page numbers and company name on each page. 4. Respond with information in the same order and headings as in Section 2.2. 5. Not exceed ten (10) double-sided 8 ½” x 11” pages in length for a total of twenty (20) pages.

Ledger size 11”x17” pages may be used. Each side of an 11”x17” page counts as two (2) pages. Page count includes all sheets submitted except for a blank page. If proposal exceeds the page limit, only the allowed number of pages will be considered starting with the first page.

6. Be of a readable font size (such as Arial size 10). 7. Hard copies must be stapled in the corner and printed on recycled paper.

2.1.2 Submission must include:

1. Proposal (Proposer may choose to utilize the Proposal Template attached hereto as Addendum 4.9. It is not required).

2. General Liability, Auto, and Worker’s Compensation insurance certificates meeting criteria stated in the PSU General Conditions for Public Improvement.

3. Pollution Liability insurance certificate meeting criteria stated in Section 1.5.1 of this RFP if performing hazardous materials work of any sort.

4. Completed Appendix 4.7 Information Form 5. Completed Appendix 4.8 Rates and Fees Form

If Proposer wishes to email Proposal information, all items above must be in an electronic format such as .pdf, .doc, docx, etc. and sent either as one or separate attachments to [email protected] using the subject line On Call RFP Proposal – Name of Company. If Proposer wishes to mail Proposal instead of emailing it, all Items above may be submitted in paper or electronic form and sent in an envelope that includes Contractor name and RFP name. Send to the mailing address in Section 1.3.

2.2 EVALUATION CRITERIA

2.2.1 Company Information Describe your company’s history including how long you’ve been in business. If it’s been less than 5 years, tell us what makes your company qualified to perform its services. Where are your offices located? If downtown Portland is not in your typical service area, describe how you can be of service to the Portland State University campus. List four clients for whom you have provided services in the past four years. No more than one of these references may be from PSU. These references should have had direct contact with your primary personnel. Give a brief scope of work provided for each client. Provide the contact person’s name, email address and phone number. References may be checked at PSU’s sole discretion.

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2.2.2 Services List your company’s services in detail. State your typical response times and emergency response times.

2.2.3 Experience Describe work or projects you have performed for other public entities, especially higher education experience. Discuss interaction with the Owner and other contractors.

2.2.4 Personnel State your number of employees, their office locations, and specialties. Tell us about any special licensing or training they possess.

2.2.5 Safety and Quality Control

Describe your company’s approach to maintaining safe working environments for your employees and the public. What training do you provide your employees and what other signage and safety precautions do you employ on a regular basis? Explain how you ensure high quality work on your projects.

2.2.6 Equity and Diversity

PSU is committed to increasing contract opportunities for Minority, Women and Emerging Small Businesses (MWESB). PSU is seeking qualified companies that demonstrate a commitment to diversity in the workforce and in its contracting practices. State whether your company is a licensed MWESB with the State of Oregon. Give your certification number and type(s). If you self-certify as an MWESB, state the type(s) and confirm that you meet all the State requirements. Information on the Oregon MWESB program can be found here: http://www.oregon.gov/gov/MWESB Explain your company’s nondiscrimination practices, workforce diversity plan, subcontracting strategy, and performance of MWESB outreach and community outreach to increase equity and diversity. Provide examples of your company’s past performance in regards to workforce diversity and subcontracting plans. Please include MWESB firms you have subcontracted with, number and dollar amount of sub-contracts awarded, and any utilization percentages or other performance indicators.

2.2.7 Licensing and Legal Compliance Complete the Information Form provided in Appendix 4.7. Include license numbers, Service Categories and contract values for which you are interested in performing work. Indicate your company’s ability to comply with the prevailing wage and all Federal and state laws. Any Proposal not submitting the completed form will be rejected as non-responsive.

2.2.8 Rates and Fees

Complete the Rates and Fees Form provided in Appendix 4.8 or provide a rate sheet which gives all of the same required information. Provide rates for all job titles for both BOLI and Non-BOLI work and for regular hours, after hours, and emergency response. Give a detailed explanation of what is included in the rates (i.e. base wage, fringe benefits, workers comp, liability insurance, etc.). Owner

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reserves the right to negotiate rates before entering into an On Call Agreement. Final negotiated rates shall be locked in through June 30, 2016 at which time updated rates may be re-negotiated. Rate changes are not valid until an amendment to the On Call Agreement is executed.

END OF SECTION 2

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SECTION 3 - EVALUATION AND SELECTION PROCESS

3.1 SELECTION PROCESS Proposals shall be evaluated as follows:

A. One or more PSU representatives will evaluate each Proposal. B. Proposal shall be reviewed for inclusion of all elements specified in Proposal Requirements

Section 2.1. Any proposals which do not include all required elements may be rejected as non-responsive at Owner’s discretion.

C. Review of Information Form (Appendix 4.7) for compliance shall be completed. D. Each response to the criteria specified in Section 2.2, items 2.2.1 through 2.2.8 shall be reviewed. E. If the Proposal is unclear, Proposers may be asked to provide written clarification. F. Review of Rates and Fees form (Appendix 4.8) shall be completed and potential negotiation with

Proposer may be performed. G. Proposers who best meet the requirements in each category of work will be awarded an On Call

Agreement.

END OF SECTION 3

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APPENDICES

4.1 PSU GENERAL CONDITIONS

4.2 PSU DIVISION 01

4.3 PSU CAMPUS MAP

4.4 SAMPLE ON CALL AGREEMENT

4.5 SAMPLE WORK AUTHORIZATION

4.6 SAMPLE TASK ORDER

4.7 INFORMATION FORM

4.8 RATES AND FEES FORM

4.9 OPTIONAL PROPOSAL TEMPLATE