#14-05 FOR COMMERCIAL PROPERTY MANAGEMENT SERVICES…vmw.pdc.us/pdf/...property-management-bakery-block.pdf · RFP #14-05, Commercial Property Management Services: Bakery Block Page

REQUEST FOR PROPOSALS #14-05 FOR COMMERCIAL PROPERTY MANAGEMENT

SERVICES: BAKERY BLOCK

Proposals Due: September 18, 2014 by 2:00 PM (Pacific Time)

Direct all questions and submit one (1) original, three (3) photocopies,

and one (1) soft-copy proposal (on CD-ROM) to PDC’s SOLE POINT OF CONTACT for this RFP:

Kristy Branson Procurement Specialist

Portland Development Commission 222 NW Fifth Avenue

Portland, Oregon 97209

503.823.3688 (direct) [email protected] (email)

http://www.pdc.us/ (www)

PDC encourages the participation of certified minority-owned, women-owned, and emerging small businesses in this contract opportunity.

mailto:[email protected]

http://www.pdc.us/

RFP #14-05, Commercial Property Management Services: Bakery Block Page 2 of 20

1.0 REQUEST FOR PROPOSALS SUMMARY AND CONTACT INFORMATION

1.1 Summary. Through this Request for Proposals (this “RFP”), the PORTLAND DEVELOPMENT COMMISSION (“PDC”), the urban renewal and economic development agency for the City of Portland, Oregon (“City”), requests competitive proposals from qualified individuals, firms, or teams (“Proposers” or “you(r)”) to professionally manage commercial property and adjacent surface parking lot commonly known as the Bakery Block (the “Property”) located at 5716 SE 92nd Avenue, Portland, Oregon on PDC’s behalf, further described in Section 3 below. PDC intends to award an exclusive contract to the successful Proposer in connection with this RFP.

1.2 RFP Data and Contact Information. The Solicitation Coordinator identified in this section is

PDC’s sole point of contact for this RFP. Direct all questions and comments regarding this RFP to the individual identified here.

Request for Proposals Title: Commercial Property Management Services: Bakery Block

Solicitation Number: RFP #14-05 Solicitation Coordinator: Kristy Branson, Procurement Specialist

Contact Information: 503.823.3688 (direct) [email protected] (email)

Proposal Delivery Location*: Portland Development Commission Attn: Kristy Branson, Professional Services 222 NW 5th Avenue, Fifth Floor Portland, OR 97209

* To be considered for evaluation, proposals must be received by PDC at the location listed

here no later than the “Proposal Due Date and Time” listed below. 1.3 Schedule of Solicitation and Contract Award Events. PDC reserves the right to change the

following schedule for any reason.

Request for Proposals Issued September 4, 2014

Onsite Pre-Proposal Meeting September 9, 2014 at 10:00 am (Pacific Time)

Deadline for Questions and Requests for Changes September 12, 2014

PROPOSAL DUE DATE AND TIME (no later than) September 18, 2014 by 2:00 pm

(Pacific Time)

Notice of Intent to Award, Issued (tentative) October 3, 2014

Anticipated Contract Effective Date (tentative) October 17, 2014



2.0 PDC AND PROJECT BACKGROUND 2.1 About the Portland Development Commission. Created by Portland voters in 1958, PDC has

been a driving force in Portland’s reputation for vibrancy and livability. As Portland’s urban renewal and economic development agency, PDC focuses on investing in the job creation, innovation, and economic opportunity that will transform Portland into one of the world’s most desirable and equitable cities.

As the city's economic development agency, PDC helps existing and new businesses navigate a wide variety of public and non-profit resources, assists businesses in evaluating Portland as a viable and effective location where a company can thrive, and connects business owners with financial and technical resources that can give companies a competitive edge.

For more information, visit the PDC website at http://www.pdc.us.

2.2 About the Project. PDC owns the commercial property and adjacent surface parking lot (collectively the “Property” or the “Bakery Block”) located at 5716 SE 92nd Avenue, Portland, OR 97266. The Property is in the Lents Urban Renewal Area and currently occupied by the following commercial tenants:

1. A 25,000 square foot two-story building currently under lease negotiations with a brew-

pub, beer production and distribution facility 2. A 7,500 square foot, single-story retail carpet and flooring store 3. A 3,800 square foot, single-story commercial painting facility 4. A fenced area consisting of a cellular tower and adjacent wireless communications

equipment

An aerial photograph of the Property and the current commercial tenants can be seen in EXHIBIT A. See EXHIBIT B for the Property Estimated Income and Expense Statement.

3.0 STATEMENT OF WORK AND PERFORMANCE SCHEDULE This section describes, at a minimum, PDC’s expectations of the successful Proposer (the “Contractor”) under the contract awarded from this RFP (the “Contract”). When performing work under the Contract, the Contractor must meet the highest standards prevalent in the industry most closely related to the services being provided. The Proposer selected for contract award from this RFP (the “Contractor”) shall provide PDC with the following commercial property management services:

1. Property Management Services

a. Repair, replace and/or alter the Property as may be necessary to meet health,

life, safety and generally-accepted maintenance standards. b. Maintain the Property in good, clean, and attractive condition according to

generally-accepted property management standards.

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c. Operate at an industry standard level for businesses in this specific field of expertise.

d. Provide 24-hour emergency response service for the Property and its tenants. e. Contract for electricity, gas, fuel, water, trash removal, telephone service,

cleaning, vermin extermination, and any other required service(s). f. If deemed necessary and upon direction by the PDC, contract for third-party

security services. g. Initiate legal actions or proceedings, after obtaining PDC’s prior approval, for the

purpose of collecting rents and other income due, recovering possessions, Forcible Entry and Detainer Actions (FED) and other legal actions to enforce terms of the tenant’s lease agreements, and other legal actions, suits or proceedings that may affect the Property, tenants and/or Contractor.

h. Establish a written tenant conflict resolution process and implement this

process with PDC approval. Promptly inform PDC’s designated point(s) of contact of any conflicts that cannot be resolved through this process.

i. Encourage and facilitate the participation of disadvantaged (DBE), minority-

owned (MBE), women-owned (WBE), and emerging small businesses (ESB), certified by the State of Oregon Office of Minority, Women and Emerging Small Businesses, as contractors and vendors for services and products necessary for performance of work under the Contract.

j. Immediately inform PDC’s designated point(s) of contact in the event of an

emergency event or situation, including any structural fire, police action or other emergency situation that has occurred on or within the Property.

k. Hire, train and supervise competent personnel for maintenance and operation

of the Property and retain other subcontractors and/or service providers. All employees and subcontractors/service providers retained by the Contractor are the sole responsibility of the Contractor and will be acting under the direction and supervision of the Contractor without liability to PDC.

l. Wages, salaries, and other compensation paid to the Contractor’s employees for

work related to performance of work under the contract, including, without limitation to, unemployment insurance, social security, workers’ compensation insurance and disability benefits, as well as direct costs for other subcontractors/service providers, shall constitute operating expenses of the Property and are therefore chargeable to PDC. Upon written request by PDC, the Contractor shall agree to replace any person in its employment or any subcontractor/service provider. Contractor agrees that such a request will not be unreasonably denied.

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2. Financial Responsibilities

a. Daily, collect and deposit all rents and other income due to PDC as may be

further specified in the Contract. Monthly net revenues shall be forwarded to PDC and are due on or before the 15th of the following month in which those revenues are accrued. Deposit and retain any tenant security deposits in accordance with ORS 90.300. Upon completion of the Contract or any authorized extension thereto, Contractor shall account for and return all funds collected to include, but not be limited to, carry forward balance, petty cash, security deposit or any other funds to PDC within 30 calendar days.

b. Daily, deposit and account for all lease income, other property income and

miscellaneous receipts. Any interest earned in any PDC Client Trust Account(s) shall be considered other income and accrue to the benefit of PDC. The maximum monthly carry-forward balance to be used for the Property operating expenses shall not exceed five thousand dollars ($5,000.00) unless otherwise specified by the PDC Project Manager. Maximum monthly petty cash to be used for day-to-day miscellaneous Property expenses shall not exceed two hundred fifty dollars ($250.00). All petty cash expenditures require justification and approval by PDC.

c. Monthly, Contractor shall be authorized to withdraw all management fees,

carry-forward operating balance, petty cash, turn-over costs, services, operation, marketing, maintenance, staff and other costs from receipts, prior to disbursement to PDC. All expenditures that exceed the monthly budget require justification and approval by PDC. Contractor shall maintain full and complete accounting records and make these records available for review by PDC or PDC’s representative(s) upon request.

3. Financial Reporting, Budgeting Responsibilities and Expenditure Authority

a. On or before the 15th of the following month, Contractor shall prepare and

deliver the following report’s to PDC’s designated point(s) of contact:

i. Monthly occupancy and availability reports ii. Monthly statement of receipts and disbursements

iii. Monthly completed “Owner Property Management Report” which must include a narrative summary of any problem areas, steps or recommendations to rectify any problems and a summary of the Property maintenance activities

iv. Monthly complete and accurate Rent Roll v. Monthly cash balances shown to be due to PDC

vi. Monthly itemization of all expenses, bills and invoices


vii. Budget comparison/variance report for each month and for the fiscal year-to-date, with an explanation of the reason for any significant variances

viii. Any additional reports upon request by PDC

b. On or before May 1 preceding the fiscal year, Contractor shall prepare and submit to PDC, a July through June fiscal year budget to include all projected monthly operating revenues and expenditures. PDC’s financial year runs from July 1 to June 30 of the following year. The budget must include sufficient detail for all anticipated revenue sources and expenditures including, but not limited to, monthly management fees, carry-forward operating balance, petty cash, vendor services, operation, maintenance, security, staff costs and allocation of staff resources on-site and supervision. In addition, the budget shall include a maintenance plan and a priority list of capital improvements (items/actions anticipated to cost in excess of $5,000) that may be necessary to protect health, life and safety of the tenants and/or Property.

c. Contactor shall comply with the provisions detailed in EXHIBIT C of this RFP with

regard to Contractor’s expenditure authority and required pre-approvals.

4. Property Management Transition Responsibilities

a. Within thirty (30) days after execution of a contract awarded from this RFP, Contractor shall prepare and submit to PDC a written “Building Operation Plan” which must include, but not be limited to, a preventative maintenance plan and monthly schedule, an assessment of any necessary and projected capital improvements, an assessment of any issues concerning the life, safety, fire and security related to the Property and an assessment of the building condition and operating systems.

b. Within thirty (30) days prior to termination of the contract awarded from this

RFP, Contractor shall prepare and submit to PDC a written “Property Management Transition Plan” which must include, but not be limited to, providing the PDC with all utility account information, all vendor service contracts, an inventory of any PDC-owned property and equipment, copies of all tenant files, copies of all public authority building permits, inspection reports and violation notices and the turnover of all building keys.

PDC reserves the right to modify, add and/or remove certain tasks and activities prior to contract execution; or though equitable amendment to the Contact, after Contract execution.

This RFP does not include any property leasing services


4.0 CONTRACT AND INSURANCE REQUIREMENTS

4.1 Form of Agreement. The Proposer selected for contract award from this RFP (the “Contractor”) will be invited to enter into a Personal Services Contract with PDC (the “Contract”). The terms and conditions that will govern the Contract can be found in Section 7 of this RFP, “Terms of the Contract.” PDC reserves the right to modify any Contract term or condition prior to execution of the Contract. The Contract will become effective upon execution by both parties; commencement of work will be ordered upon PDC’s issuance of a Notice to Proceed to the Contractor.

4.2 Compensation and Payment. All charges and appropriate reimbursable expenses will be deducted from the Property operating revenues as explained in Section 3.2.c of this RFP.

4.3 Contract Term. The initial term of the Contract will be for a period of three (3) years which may be extended for two additional one-year periods or one (1) additional two-year period upon the mutual written agreement between the parties to the Contract. The maximum duration of the Contract, including all extensions, will not exceed five (5) years.

4.4 Compliance. The Contractor must comply with the following before PDC will execute any Contract with that firm:

• Be a legal entity that has the authority to transact business in the state of Oregon • Certify as an Equal Employment Opportunity (EEO) employer with the City of Portland1 • Obtain a City of Portland Business License • Possess an Oregon Real Estate Brokerage and/or Property Management License • Provide insurance documents consistent with the requirements below

4.6 Insurance Requirements. At all times during the term of the Contract, Contractor shall maintain, on a primary basis and at its sole expense, the following insurance:

• Workers’ Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers’ compensation coverage for their subject workers, unless exempt under ORS 656.027.

• General Liability (GL) insurance on an occurrence basis with a combined single limit of not less than $1,000,000 each occurrence, $2,000,000 general aggregate. This insurance shall include personal injury liability, products, and completed operations. Contractor shall endorse the following as an additional insured on the GL policy: “The Portland Development Commission, the City of Portland, and each of their respective officers, agents, and employees.” Acceptable endorsement types include the “CG2026 07 04” (Designated Person or Organization), “CG2010 10 01” (Owners, Lessees, or Contractors – Scheduled Person or Organization), or similar endorsement providing equal or broader additional insured coverage.

• Automobile Liability insurance with a combined single limit of not less than $1,000,000, each accident, covering owned, non-owned, or hired vehicles. If Contractor does not own any automobiles, Contractor shall maintain coverage for hired and non-owned automobiles.

1 http://www.portlandonline.com/omf/index.cfm?&c=45665

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• Professional Liability (aka “Errors and Omissions”) insurance with a combined single limit of not less than $1,000,000 against arising from the Contractor’s professionally negligent acts, malpractice, errors, or omissions related to the Contract.

• Tail Coverage. If the professional liability insurance is provided on a “claims made” basis, Contractor shall maintain either tail coverage or continuous “claims made” liability coverage for a minimum of twenty-four (24) months following Contractor’s completion and PDC’s acceptance of the Work required under the Contract.

Prior to execution of the Contract, Contractor must transmit certificates evidencing the types and amounts of insurance listed above to the Solicitation Coordinator identified in Section 1.2 of this RFP. Contractor’s insurance must be obtained from companies or entities that are authorized to provide insurance in Oregon.

5.0 SUBMITTAL REQUIREMENTS AND EVALUATION CRITERIA Proposals submitted in response to this RFP will be evaluated by comparing the quality and completeness of your proposal with the following Submittal Requirements and Evaluation Criteria. Include a “Table of contents” and organize your proposal in the order of the sections below.

All submittal requirements listed as “Mandatory” in this section must be addressed in sufficient detail to demonstrate your understanding of the work requirements described in this RFP. PROPOSALS THAT DO NOT ADDRESS ALL MANDATORY SUBMITTAL REQUIREMENTS WILL BE DEEMED NON-RESPONSIVE TO THIS RFP AND WILL NOT BE CONSIDERED FOR CONTRACT AWARD.

Page Limit. PDC has not specified a page limit for proposals; however, we expect to receive proposals that are thorough, but also direct and concise and to the point without unnecessary content. 5.1 Cover Letter (Mandatory, not Scored). In a one or two page cover letter, provide a summary of

your proposal. This cover letter should include a brief history of your firm and the services your firm proposes to provide PDC. Additionally, include the mailing address, phone number and email address of your firm’s primary point of contact for this RFP. Finally, if your proposal is printed on recycled paper, state the post-consumer waste recycled paper content of the proposal (see “Sustainability of Proposal” section below). If no recycled paper content is listed in the cover letter, PDC will assume it is 0%.

5.2 Real Estate License (Mandatory, not Scored). Provide a photocopy of a current Real Estate

Brokerage and/or Property Management License issued by the State of Oregon, Real Estate Division.

5.3 Qualifications and Experience of Firm and Personnel (Mandatory). Provide a description of your firm and personnel experience providing commercial property management. For this section, include the following

• Number of years Proposer’s firm has been in operation and number of years Proposer’s firm has been providing real property management services for commercial tenants.


• Brief description of similar properties managed in the past five (5) years that best characterize firm’s capabilities

• Provide a short but complete profile of each key individual proposed to perform specified tasks under an awarded contract—including their work history and pertinent professional qualifications and certifications (one page per person)

• Describe the designated Property Manager’s experience with similar properties

• Indicate the firm’s management and organizational capabilities, particularly with regards to staff and resource capacity to respond to critical deadlines on short notice at the Property

• References. Additionally, list three (3) current or immediate past professional references, for properties of similar size and use as described in this RFP, for PDC to contact regarding your firm’s capability to perform the services described in this RFP. Please include your reference’s company name, a contact person with phone number and email address and a description of the services provided for this reference.

5.4 Price Proposal (Mandatory). Propose the fixed monthly management fee to be charged to PDC. A percentage of revenues monthly management fee will not be utilized due to the possibility that PDC may provide future vacant space to an organization or business at a below market rental rate for reasons including, but not limited to, the promotion of economic opportunities, social services, etc. Payment of the monthly management fee shall constitute an operating expense of the Property and shall be paid out of the operating revenues for the Property (see Section 3.2.c of this RFP).

5.6 Promotion of Certified Firms in Subcontracting Opportunities (Mandatory). PDC seeks to extend subcontracting opportunities to State of Oregon-certified Disadvantaged, Minority Business Enterprises, Women Business Enterprises, and Emerging Small Businesses (collectively, “Certified Firms”) in order to promote their economic success and growth. All Proposers must address the following in their proposal:

• If applicable, list any Certified Firms that will be used as subcontractors, suppliers, or subconsultants on a contract awarded from this RFP, including their certification number (http://www4.cbs.state.or.us/ex/dir/omwesb/).

• If applicable, (a) provide a list of projects that highlights your firm’s experience in promoting participation of Certified Firms as partners, subcontractors, and/or suppliers on previous projects; or (b) attach a copy of your firm’s outreach strategy or equity policy that addresses the utilization of Certified Firms in your projects.

• If applicable, discuss any innovative or particularly successful methods that your firm has undertaken to provide business opportunities to Certified Firms (e.g., creation of a mentor-protégé program, sponsorship of business development or technical training seminars or workshops targeted at Certified Firms, or offering one-one-on technical assistance to Certified Firms)

PDC encourages you to do one or more of the following to find Certified Firms for your projects:

• Find Certified Firms at http://www4.cbs.state.or.us/ex/dir/omwesb/

• Attend an Oregon Association of Minority Entrepreneurs (OAME) A&E / Contractors

http://www4.cbs.state.or.us/ex/dir/omwesb/

http://www4.cbs.state.or.us/ex/dir/omwesb/


meeting. Visit the OAME website at http://www.oame.org/

• Contact PDC’s M/W/ESB Coordinator, Patricia Weekley, at (503) 823-3309, [email protected], or visit our website (http://www.pdc.us/developers-and-contractors/developer-contractor-programs/mwesb.aspx) to learn about resources available to assist you in identifying potential M/W/ESB subcontractors or subconsultants

5.7 Sustainability of Proposal (Mandatory). PDC values and is committed to practices that satisfy present needs without compromising the ability of future generations to meet their needs. Accordingly, the materials and methods used to submit a proposal in response to this RFP should meet or exceed the following requirements:

• The proposal should be printed (a) on a minimum of forty percent (40%) post-consumer waste recycled paper and (b) use double-sided printing

• The proposal should not be bound with or incorporate ring binders, section dividers, plastic or metallic spines, and other extraneous presentation materials

IN THE COVER LETTER, STATE THE POST-CONSUMER WASTE RECYCLED PAPER PERCENTAGE OF YOUR PROPOSAL. Other than identifying the recycled paper content in the cover letter, Proposers are not required to respond to this submittal criterion in writing.

5.8 Proposer Certification. Detach, complete, and return Section 8 of this RFP, “Proposal Certification” with your proposal.

SUMMARY OF SUBMITTAL REQUIREMENTS AND EVALUATION CRITERIA FOR THIS RFP

EVALUATION CRITERIA MAX. POINTS PER CRITERION

Qualifications and Experience of Firm and Personnel 20 Points Price Proposal 10 Points Promotion Certified Firms in Subcontracting Opportunities 10 Points Sustainability of Proposal 5 Points

TOTAL AVAILABLE POINTS 45 Points

OTHER SUBMITTAL REQUIREMENTS

Cover Letter Not Scored Proposer Certification Real Estate License

Not Scored Not Scored

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http://www.pdc.us/mwesb/

http://www.pdc.us/developers-and-contractors/developer-contractor-programs/mwesb.aspx

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6.0 GENERAL CONDITIONS OF THIS RFP All proposals submitted in response to this RFP are subject to the terms and requirements contained in this RFP. All matters not specifically addressed in this RFP, or a subsequent contract entered into, will be governed by PDC’s Local Contract Review Board Administrative Rules as well as applicable Oregon Revised Statutes (“ORS”) and other rules pertaining to procurement and contracting at PDC. 6.1 Reservation of Rights. PDC, in its sole discretion, reserves the right to change or cancel this RFP;

to reject any or all proposals received in response to this RFP; to decide whether a proposal does or does not substantially comply with the submittal requirements and procedures contained in this RFP; to waive minor informalities of any proposal; to obtain clarification or additional information necessary to properly evaluate a proposal; to obtain references regarding any Proposer’s past performance from any source; and to negotiate a contract with the successful Proposer. Neither issuance of this RFP nor evaluation of any proposal(s) obligates PDC to award a contract from this RFP.

6.2 Proposal Preparation and Submission Instructions. Proposals submitted in response to this RFP must be of sufficient length and detail to demonstrate the Proposer has a thorough understanding of the needs of the project described in this RFP.

6.2.1 Quantities of Proposals. Proposers must submit the following which must be received by PDC at the location listed in Section 1.2 of this RFP no later than the “Proposal Due Date and Time” listed in Section 1.3 of this RFP:

• One (1) signed, original, hard-copy proposal • Three (3) photocopies of the same pages • One (1) electronic copy of the proposal on CD-ROM in Adobe Acrobat or

Microsoft Word format THE ORIGINAL PROPOSAL MUST BEAR AN ORIGINAL INK SIGNATURE AND MUST BE

MARKED “ORIGINAL.”

6.2.2 Packaging and Labeling. Proposals must be submitted in a sealed package or envelope. To ensure proper identification and handling, the package or envelope must be clearly marked with the following:

• RFP Solicitation Number • Proposer’s name and address • Date and time proposals are due • Name and address of PDC’s Solicitation Coordinator for this RFP

PDC shall not be liable for any lost, late or improperly marked proposals.

6.2.3 Form of Proposal. Proposals must be typewritten on 8.5” x 11” white paper in no less than 11-point typeface. NO ORAL, EMAIL OR FACSIMILE PROPOSALS WILL BE ACCEPTED. Proposals should address the submittal requirements of this RFP in a clear, concise, and direct manner. Unnecessarily elaborate or lengthy proposals are not desired.

6.3 Preparation Costs. Proposers are responsible for all costs related responding to or participating in this RFP (such as any interview or negotiations that may be requested or required).


6.4 Pre-Proposal Meeting. An onsite pre-proposal meeting is scheduled for this RFP Tuesday, September 9, 2014 at 10:00 am (Pacific Time). Location is 5716 SE 92nd Avenue, Portland, OR 97266.

6.5 Requests for Clarification or Change. All requests for clarification or change to any matter contained in this RFP (e.g., the Statement of Work, procurement process, contract terms, insurance requirements, etc.) must be submitted by mail, fax, or email (preferred) to the Solicitation Coordinator identified in Section 1.2 of this RFP. All such requests for clarification or change must be received by the Solicitation Coordinator no later than the “Deadline for Questions and Requests for Changes,” listed in Section 1.3 of this RFP.

6.6 Changes to this RFP. All clarifications and changes to any matter contained in this RFP will be issued in the form of a written addendum to this RFP. Unless otherwise stated, Proposers are not required to return addenda with their proposal; however, Proposers are responsible for making themselves aware of, obtaining and incorporating any changes made in any addendum into their final proposal. Failure to do so may cause the Proposer’s proposal to be rejected.

Up to the date and time proposals are due, it is the responsibility of all parties interested in this RFP to refer frequently to PDC's “RFPs/RFQs and Bid Opportunities” website to check for any addenda that have been issued for this RFP. PDC may make a courtesy effort to notify interested parties that an addendum has been issued for this RFP; however, interested parties are ultimately responsible for being aware of any addenda issued by PDC and modifying their proposal accordingly.

6.7 Sole Point of Contact. After this RFP has been issued and before an awarded Contract has been executed, direct all questions, comments, and/or requests for clarification or change regarding this RFP, or the anticipated Contract, to the Solicitation Coordinator identified in Section 1.2 of this RFP.

6.8 Restrictions on Communications. Proposers must not communicate with members of the Evaluation Committee, the PDC Board of Commissioners or any PDC employee not specifically named in this RFP, except upon invitation by PDC in a formal interview. Doing so may be cause for proposal rejection. PDC will not hold “one-on-one” meetings with any potential proposer during the RFP process outside of a formal interview (see Section 6.14).

6.9 Public Records and Disclosure. All proposals submitted in response to this RFP will become the property of PDC and will be subject to disclosure pursuant to Oregon Public Records Law (ORS 192), except those portions of a proposal that a Proposer requests exemption from disclosure consistent with ORS 192 and the requirements herein. Any portion of a proposal that a Proposer claims to constitute a “trade secret” must meet the requirements of ORS 192.501(2) and be easily separable from the proposal to facilitate public review of the non-confidential portion of the proposal. All such sections in a proposal must be CLEARLY AND CONSPICUOUSLY marked with the following:

“This information constitutes a trade secret under ORS 192.501(2), and shall not be disclosed except in accordance with the Oregon Public Records Law.”

If a Proposer marks every page or includes a blanket statement that the entire proposal is “Confidential” or “Proprietary,” that proposal will not be deemed to have been submitted in confidence and, upon request, the entirety of such a proposal will be disclosed. PDC will take reasonable measures to hold in confidence all proposal contents marked in the way described

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above, but shall not be liable for the release of any information when required by law or court order, whether pursuant to ORS 192 or otherwise. Unless this RFP is cancelled, proposals and evaluation results will not be made a part of the public record until PDC has issued its Notice of Intent to Award.

6.10 Information Submitted. It is the sole responsibility of each Proposer to submit information related to the submittal requirements contained in this RFP and PDC is under no obligation to request such information if it is not included within your proposal. However, PDC may (a) request a Proposer to submit additional information during or after the proposal evaluation period; or (b) overlook, correct, or require a Proposer to correct any obvious clerical or mathematical error(s) in their proposal.

6.11 Proposer Offer, Withdrawal, and Modification. By submitting a proposal in response to this RFP, Proposer agrees their proposal is a binding offer to perform the work described in this RFP for a period of sixty (60) calendar days from the date proposals are due. This period may be extended upon the mutual agreement between PDC and a Proposer. Proposals may be withdrawn or modified prior to the proposal due date and time by submitting a written request to the Solicitation Coordinator for this RFP. Proposals may not be withdrawn or modified after the proposal due date and time unless PDC agrees in writing.

6.12 Determination of Responsibility. In determining whether a Proposer meets the applicable standards of responsibility to perform the work described in this RFP, PDC may investigate the references, financial stability, credit history, and past performance of any Proposer, including service(s) provided to PDC, with respect to the Proposers’ successful performance on other projects; compliance with contractual specifications and obligations; completion or delivery of a project on schedule and within budget; its lawful payment of suppliers, subcontractors, and employees; and other factors as provided in ORS 279B.110. PDC reserves the right to use any information or reference that may be discovered. PDC may postpone issuance of a Notice of Intent to Award in order to complete its determination of responsibility.

6.13 Method of Evaluation. All responsive proposals will be reviewed and scored by an evaluation committee. This committee will include staff of PDC and potentially one or more external reviewers. Using the Evaluation Criteria listed in Section 5 of this RFP, evaluators will use their independent judgment to score the quality, completeness, and appropriateness of each Proposer’s written response as well as any relevant information that PDC may subsequently request or discover. PDC will then add individual committee members’ scores to produce an initial ranking. The highest-ranked Proposer(s) will be considered the Finalist Proposer(s).

6.14 Interviews (Optional). At PDC’s option, formal interviews with the Finalist Proposer(s) may be part of the evaluation process of this RFP. Interviews may be conducted in-person, over a conference-call, or another mutually agreeable medium to clarify and elaborate on the Finalist Proposer(s) proposal(s). If requested, attendance at such an interview is mandatory.

6.15 Selection Process. If interviews are not conducted, PDC will award the Contract to the highest-ranked responsive Proposer. If interviews are conducted, PDC reserves the right to either re-score the Finalist Proposer(s)’ proposal(s) based on the interview(s) or use the original scores solely as the basis to determine the Finalist Proposer(s) and make an award decision based on the cumulative strength of the Finalist Proposer(s)’ proposal and interview.


6.16 Notice of Intent to Award. After completion of the evaluation process, PDC will name an “apparent successful Proposer” and issue a “Notice of Intent to Award” a contract to this Proposer. Identification of the “apparent successful Proposer” is procedural only and creates no right in the named Proposer to contract award. All competing Proposers will be notified of PDC’s Intent to Award by email, the identity of the apparent successful Proposer and will be given seven (7) calendar days to review the solicitation file at PDC offices. Appointments can be made by contacting the Solicitation Coordinator identified in Section 1.2 of this RFP.

6.17 Protest of Selection Process. Any protest of PDC’s selection process must be submitted in writing to the PDC Professional Services Manager at 222 NW 5th Avenue, Portland, Oregon 97209 within seven (7) calendar days of issuance of the Notice of Intent to Award. The envelope containing the protest must be marked with the Proposer’s name and corresponding solicitation number, and conspicuously identified as a “Contract Award Protest.” The Proposer’s written protest must specify the legal, procedural, and/or factual grounds upon which the protest is based as well as a statement of relief requested. The judgment used by individual review committee members when scoring proposals is not grounds to protest the selection process. Protests not asserted or not properly asserted within the timelines described in this section will not be considered.

6.18 Serial Negotiations. After PDC has issued its Notice of Intent to Award and resolved all protests, PDC reserves the right to enter into limited negotiations with the apparent successful Proposer to finalize pricing, schedule, the Statement of Work, and other contractual matters. All such negotiations will be minimal, expedited, and completed by the anticipated Contract effective date. If PDC, in its sole discretion, determines that such negotiations have reached an impasse, PDC reserves the right to terminate negotiations with that apparent successful Proposer and commence negotiations with the next highest-ranked responsive Proposer. This process may continue until an agreement is reached and the Contract is executed or PDC cancels this RFP.

7.0 TERMS OF THE CONTRACT The following terms and conditions will govern the Personal Services Contract (the “Contract”) between PDC and the Proposer selected from this RFP (called the “Contractor” in this section). PDC reserves the right to modify any term or condition of the Contract prior to execution and may terminate the Contract, at its sole discretion, upon thirty (30) days written notice to the Contractor. Proposers who take objection to any of the following terms and conditions must raise those objections, in writing, to the Solicitation Coordinator of this RFP and do so by the “Deadline for Questions and Requests for Changes” listed in the Section 1.3 of this RFP.

7.1 Effective Date, Term and Termination. This Contract shall become effective on the date at which every party has signed this Contract below. This Contract shall expire, unless otherwise extended or terminated earlier in accordance with its terms, on [Expiration Date]. This Contract may be terminated at any time upon the written consent of the Parties. PDC may terminate this Contract for any reason by giving thirty (30) days written notice to Contractor at Contractor’s address listed below. Contractor or PDC may terminate this Contract in the event of a breach of the Contract by the other party. The passage of the Contract expiration date shall not extinguish or limit either party's right to enforce this Contract with respect to any default or defect in performance that has not been cured.

7.2 Consideration and Statement of Work. In consideration of the satisfactory performance of the services Contractor agrees to provide PDC under this Contract, further described in EXHIBIT A of this Contract, attached hereto and incorporated herein, PDC agrees to compensate Contractor a sum not to exceed [SUM] ($xx,xxx.xx) for all work completed herein, payable in accordance with the terms set forth in


EXHIBIT A. If the maximum compensation is increased by an Amendment to this Contract, the Amendment must be fully-executed by the Parties to this Contract before Contractor performs work subject to the Amendment.

7.3 Independent Contractor Status. Contractor certifies that it is rendering services under this Contract as an independent contractor in accordance with ORS 670.600 and is solely and entirely responsible for its acts and for the acts of its officers, agents, employees and subcontractors during the term of this Contract.

7.4 Assignment and Subcontractors. Contractor shall not assign, subcontract or transfer its interest in or delegate its obligations under this Contract work without obtaining prior written consent of PDC. Notwithstanding PDC approval of a subcontractor, Contractor shall remain obligated for full performance under this Contract and PDC will incur no obligation other than its obligations to the Contractor hereunder. Contractor agrees that if subcontractors are employed in the performance of work under this Contract, Contractor and its subcontractors are subject to the requirements and provisions of ORS Chapter 656, Workers’ Compensation.

7.5 Indemnification and Insurance. Contractor shall indemnify, save, hold harmless and, if requested, defend PDC, the City of Portland, and each of their respective officers, agents, and employees, from all claims, suits, or actions of any nature whatsoever, including professionally negligent acts, errors or omissions, resulting from or arising out of the activities of Contractor or its subcontractors, agents or employees under this Contract; provided however, that nothing herein shall require indemnification of PDC for liability attributable to PDC’s sole negligence. Contractor shall provide proof of insurance consistent with the requirements set forth in EXHIBIT B of this Contract.

7.6 Ownership of Work Product. All work products of the Contractor which result from this Contract (the “Work Products”) are the exclusive property of PDC.

7.7 Compliance with Applicable Law. Contractor agrees to comply with all federal, state, county and local laws, ordinances, and regulations applicable to the work to be done under this Contract, including certification by the City of Portland, Bureau of Purchases as an Equal Employment Opportunity (EEO) certified employer. Contractor agrees to comply with all federal and state laws prohibiting discrimination on the basis of race, sex, national origin, religion, age or disability.

7.8 Access to and Retention of Books and Records. Contractor shall maintain, and PDC and its duly authorized representatives shall have access to the books, documents, papers and records of Contractor which are directly pertinent to this Contract for the purpose of audits, examination and making transcripts for a period of three (3) years from the expiration date of this Contract. Copies of applicable records shall be made available to PDC upon request.

7.9 Recycled Products. To the maximum extent economically feasible, Contractor shall make good faith efforts to use recycled products in connection with its performance of work under this Contract.

7.10 No Third-party Beneficiaries. No person not a party to this Contract is an intended beneficiary of this Contract and no person not a party to this Contract shall have any right to enforce any term of this Contract.

7.11 Governing Law, Venue and Consent to Jurisdiction. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to principles of conflicts of law. Any claim, action or suit between PDC and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively in the Circuit Court of Multnomah County for the State of Oregon; provided, however, if an action or suit must be brought in a federal forum, then unless otherwise prohibited by law, it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Contractor, by execution of this Contract, hereby consents to the in personam jurisdiction of said courts.




7.12 Waiver and Severability. The failure of PDC to enforce any provision of this Contract shall not constitute a waiver by PDC of that or any other provision. The Parties agree that if any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid.

7.13 Merger. This Contract and attached Exhibits constitutes the entire agreement between the Parties and supersedes all prior representations, discussion and communication, whether oral or in writing. This Contract may only be modified by written Amendment signed by both Parties. The Parties, by the signature of their authorized representatives, acknowledge they have read this Contract, understand it and agree to be bound by its terms and conditions.

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8.0 PROPOSER CERTIFICATION PROPOSER CERTIFICATION

Each Proposer must read, agree to, sign and return this page with their proposal. Failure to do so may be grounds for proposal rejection.

RFP #14-05: Property Management Services: Bakery Block 8.1 The undersigned acknowledges receipt of Addenda Nos. ___ through ___ or N/A.

8.2 If awarded a contract from this RFP, prior to contract execution, Proposer agrees to satisfy all contract compliance requirements listed in Section 4.5 of this RFP.

8.3 Proposer certifies it is an independent contractor as defined by ORS 670.600 and under penalty of perjury is, to the best of the undersigned’s knowledge, not in violation of any local, state or federal tax law.

8.4 Proposer certifies this proposal is truthful, genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation; Proposer has not induced any person, firm, or corporation to refrain from proposing; and Proposer has not sought by collusion or fraud to obtain for itself any advantage over any other Proposer or over PDC.

8.5 Proposer certifies that it has no business or personal relationships with any other company or person that could be considered a conflict of interest to PDC, and that the key personnel and principals identified to perform work under an awarded contract do not have any personal or business relationships with any PDC officer, commissioner, or employee.

8.6 The undersigned warrants that he or she is an authorized representative of the Proposer; has read, understands, and agrees to be bound by all RFP instructions, specifications, insurance requirements, and contract terms and conditions contained in this RFP (including all addenda issued for this RFP); that the information provided in your proposal is true and accurate; and that providing incorrect or incomplete information may be cause for proposal rejection or contract termination.

SIGNATURE BLOCK

Proposer’s Legal Business Name:

Signature: Date of Proposal:

Printed Name and Title:

Phone Number: Email Address:

Proposer’s Mailing Address:

Proposer’s Primary Point of Contact for this RFP (if different):

Phone Number: Email Address:


EXHIBIT A. AERIAL MAP OF SITE


EXHIBIT B. ESTIMATED INCOME AND EXPENSE STATEMENT Estimated income and expenses for the Property based on the PDC 2013/14 Fiscal Year are as follows: TYPE OF INCOME MONTHLY ANNUAL Rent Income

Total Rent Income 2,833 34,000

EXPENSES

Water/Sewer/Stormwater (Less Tenant Reimbursements) 654 7,850 Real Property Taxes 1,022 12,270 Property Insurance 520 6,244 Landscaping 109 1,300 Repairs & Maintenance 150 1,800

Total Operating Expenses 2,455 29,464 Net Operating Income 378 4,536 NOTES:

1. Expenses do not include property management fees 2. There is no debt service expense 3. PDC will pay the real property tax and property insurance expenses 4. Net revenues from the leasing of the 25,000 square foot two-story building are anticipated at $55,000 for the first

12 months and at $110,000 per year for the remaining lease term


EXHIBIT C. CONTRACTOR EXPENDITURE AUTHORITY

Contractor Expenditure Authority

A. Work and Supplies Under $1,000. Contractor may incur costs for essential or critical repair and maintenance work under $1,000 provided documentation in the form of receipts or invoices is transmitted to the PDC as part of the monthly report. Solicitation of quotes is not necessary for single purchases of less than $1,000. Essential or critical repairs and maintenance work is defined as follows:

• Required by law, ordinance or order of a governmental agency, board of fire

underwriters or similar body; • Required to maintain the property in a safe and secure condition or necessary to reduce

hazards; • Required to prevent deterioration or degradation of the property; or • Required to maintain the property to generally acceptable property maintenance

standards.

B. Non-Essential Work and Supplies. All other work and supplies that are non-essential and/or elective in nature must be pre-approved in writing by the PDC.

C. Emergencies. Emergency repairs (example: gas-leak, water leak) do not require quotes.

However, the Contractor must provide appropriate documentation to support the emergency repairs and, if over $1,000, to the extent possible, gain pre-approval and/or notify the PDC within 24 hours of any/all emergencies.

D. Work Between $1,000 and $5,000. Unless it is an emergency, all work between $1,000 and

$5,000 must be pre-approved in writing by e-mail or fax to the PDC before work may be initiated. Contractor shall obtain two (2) quotes, if possible, and submit them to the PDC for review. If only one quote is obtained, a written record of the efforts to obtain more than one quote needs to be submitted.

E. Work Between $5,000 and $10,000. Unless it is an emergency, all work between $5,000 and

$10,000 must be pre-approved in writing by e-mail or fax to the PDC before work may be initiated. Contractor shall obtain a minimum of three (3) quotes and submit them to the PDC for review. If three (3) quotes are not possible, a written record of the efforts to obtain the quotes must be submitted.

F. Work Over $10,000. Unless it is an emergency, the Contractor shall identify and refer all work

items estimated to cost over $10,000 to the PDC for further action.

END OF THIS RFP

Documents

#14-05 FOR COMMERCIAL PROPERTY MANAGEMENT SERVICES…vmw.pdc.us/pdf/...property-management-bakery-block.pdf · RFP #14-05, Commercial Property Management Services: Bakery Block Page