00011600_RFCQ.doc

Oregon Department of Transportation

Request for Competitive Quotes (“RFCQ”) No. S-73000-00011600 Bennett Pass Sanding Rock 2024

Solicitation conducted under intermediate procurement procedures per ORS 279B.070 and OAR 137-047-0270

THIS IS NOT AN ORDER

Quotes must be submitted via OregonBuys.

No public opening will be held. Preliminary results will be posted in OregonBuys shortly after the deadline for submission of quotes.

Non-Discrimination Notice: ODOT, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all potential offerors that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit offers in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Commitment to Diversity, Equity, and Inclusion: The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit offers for this contracting opportunity.

TABLE OF CONTENTS:

Procurement Summary

Award Information

Exhibits

Instructions for Submitting a Quote

Competitive Quote Form

References Form

Award Requirements (for winning offeror)

Exhibit 1 – Specifications

Exhibit 2 – Reserved (not used)

Exhibit 3 – Purchase Order Terms and Conditions

Exhibit 4 – Insurance Requirements

Procurement Summary:

ODOT is seeking one qualified contractor to furnish and deliver sanding rock to Bennett Pass stockpile site. See Exhibit 1 – Specifications for details.

Award Information:

Method of award: ODOT intends to award a Purchase Order (electronically through OregonBuys) to the lowest responsible offeror whose quote complies with the requirements.

Responsibility: Prior to award, ODOT will evaluate whether the apparent successful offeror meets the applicable standards of responsibility identified in ORS 279B.110. In doing so, ODOT may investigate the offeror and request information in addition to that already required in the RFCQ when ODOT, in its sole discretion, considers it necessary or advisable.

Exhibits:

Exhibit 1 – Specifications

Exhibit 2 – Reserved (not used)

Exhibit 3 – Standard Terms and Conditions

Exhibit 4 – Insurance Requirements

Instructions for submitting a quote:

Offeror must submit its quote through OregonBuys prior to the due date and time posted within this RFCQ in OregonBuys. Offeror must fill in all required information in OregonBuys, including entering pricing information in the Item Information section.

In addition to filling in the OregonBuys fields, the offer must upload the Competitive Quote form and the References form in the Attachments section.

No public opening of quotes will be held. Preliminary results will be posted in OregonBuys shortly the quote due date and time.

COMPETITIVE QUOTE FORM

Must be submitted with the quote as an attachment in OregonBuys.

Refer to “Instructions to Offerors” for list of required documents to submit with the quote.

OFFEROR INFORMATION

Offeror (COMPANY) Legal Name:

Offeror Address:

Contact Person name and title:

Email:

Phone:

By signature below, the undersigned authorized representative hereby certifies on behalf of the offeror that:

1. Offeror agrees to and shall comply with all requirements, specifications and terms and conditions included with this RFCQ (including all exhibits and addenda, if any) if awarded a Contract/Purchase Order under this solicitation.

2. In accordance with ORS 279A.110(4), offeror does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin. And, pursuant to ORS 279A.110, offeror has not and offeror will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran owned business or an emerging small business certified under ORS 200.055.

Authorized Signature:

Title:

QUOTE PRICING

Online Quote Pricing. Offeror must enter its price in the Items section of OregonBuys. Only the unit cost for each item should be entered. Offeror is not to enter information into any other fields (i.e. discounts or freight charges).

REFERENCES FORM

Must be submitted with the quote as an attachment in OregonBuys.

Offeror shall provide a list of three different firms for references that can be contacted regarding the quality of goods and/or services that the offeror provided in the last 4 years on purchases or projects comparable in size and scope to the purchase or project described in this solicitation.

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Name of Firm:

Reference Contact Person:

Telephone:

Fax:

Email:

Alternate Reference Contact Person:

Telephone:

Fax:

Email:

Project Title:

Project Date:

Project Location:

Project Description:

Award Requirements (for winning offeror only):

EXHIBIT 1

SPECIFICATIONS

Bennett Pass Sanding Rock 2024

The apparent silence of the Specifications (including any supplemental Specifications) as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that Contractor shall meet the highest standards prevalent in the industry or business most closely involved in providing the Goods to be provided under the Contract.

DELIVERY DATE

Contractor must deliver all Goods by December 31, 2024.

Delivery Schedule: No later than December 31, 2024

Sections of the 2024 Oregon Standard Specifications for Construction ("Standard Specifications") that are identified or referenced in the below specifications are incorporated into this Contract with the same force and effect as though fully set forth herein. A copy of the Standard Specifications can be found at the following web address: https://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx This section will be deleted and marked "reserved" if Contractor has elected to deliver hard rock.

A.1 CINDER ROCK SPECIFICATIONS

Scope of Work: This work consists of furnishing specified sanding material consisting of cinders at the designated location by the specified time and date. Comply with section 00160 of the Standard Specifications.

Materials: Furnish cinders to the locations specified:

Comply with section 00160.60 of the Standard Specifications. Provide cinders meeting the following gradation or as approved by the ODOT Contract Administrator:

Measurement: Measurement will be based on the loose volume in the hauling vehicles. Hauling vehicle volumes will be verified by weigh tickets received per each truck delivery to the site. Contractor to provided cubic yard measurement with weight ticket for verification prior to hauling each week or as often as deemed necessary by project manager.

This section will be deleted and marked "reserved" if Contractor has elected to deliver cinders.

A.2 HARD ROCK SPECIFICATIONS

Scope of Work: This work consists of furnishing specified sanding material consisting of crushed aggregate at the designated location by the specified time and date. Comply with section 00160 of the Standard Specifications.

Materials: Furnish crushed aggregates to the locations specified:

Comply with section 00160.60 of the Standard Specifications. Provide crushed aggregate meeting the following gradation or as approved by the ODOT Contract Administrator:

Pre-Delivery Inspections: ODOT may, at its sole discretion, schedule an inspection of a sample batch of material during production. Contractor shall coordinate with ODOT to ensure arrangements are made for these pre-delivery inspections. Contractor may also contact ODOT to initiate the arrangement of such an inspection; however, ODOT is not obligated to accept Contractor’s requested inspection date(s). Results of material tests and the overall inspection may result in an amendment to these specifications.

EXHIBIT 2

RESERVED (not used)

EXHIBIT 3

STANDARD PURCHASE ORDER TERMS AND CONDITIONS

(Attached as a separate pdf document in OregonBuys)

EXHIBIT 4

INSURANCE REQUIREMENTS

“Contract” in this exhibit means the contract formed by ODOT’s acceptance of the offeror’s quote through issuance of a Purchase Order through OregonBuys.

Contractor shall obtain at Contractor’s expense the insurance specified in this Exhibit 4 prior to performing under the Contract and shall maintain such insurance in full force and at its own expense throughout the duration of the Contract, and as required by any extended reporting period or tail coverage requirements, and all warranty periods that may apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the state of Oregon and that are acceptable to ODOT. Coverage shall be primary and noncontributory with any other insurance and self-insurance with exception of Professional Liability and Workers’ Compensation/Employer’s Liability. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

INSURANCE REQUIREMENT REVIEW:

ODOT reserves the right to periodically access risks and the adequacy of insurance coverage and in its discretion to require additional insurance coverage or increased coverage limits on existing coverages, or both.

SUBCONTRACTORS:

Contractor shall require that all of its subcontractors carry insurance coverage that the Contractor deems appropriate based on the risks of the subcontracted work. Contractor shall obtain proof of the required insurance coverages, as applicable, from any subcontractor providing Services related to the Contract.

WORKERS’ COMPENSATION & EMPLOYER’S LIABILITY

Required by ODOT of Contractors with subject workers, as defined by ORS 656.027.

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide Workers' Compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). The coverage shall include Employer’s Liability insurance with limits not less than $500,000 each accident. Contractor shall require compliance with these requirements in each of its subcontractor contracts.

All employers, including the Contractor and subcontractor(s), if any, that are exempt under ORS 656.126(2) and subject to any other state’s Workers’ Compensation law, shall provide Workers’ Compensation insurance coverage as required by applicable Workers’ Compensation laws. The coverage shall also include Employer’s Liability insurance with limits not less than $500,000 each accident.

COMMERCIAL GENERAL LIABILITY

Required

Commercial General Liability insurance must be issued on an occurrence basis covering bodily injury, property damage, personal and advertising injury, products and completed operations, and contractual liability.

· Coverage shall be written on an occurrence basis in an amount of not less than FORMCHECKBOX $1,000,000 $5,000,000 per occurrence.

$2,000,000

· Annual aggregate limits shall not be less than 10,000,000. $4,000,000 $2,000,000

AUTOMOBILE LIABILITY

Not required Required Automobile Liability insurance covering Contractor’s business-related automobile use covering all owned, non-owned, or hired vehicles for bodily injury and property damage, with a combined single limit of not less than FORMCHECKBOX $1,000,000 $5,000,000. $2,000,000

EXCESS/UMBRELLA LIABILITY

A combination of primary and Excess/Umbrella Liability insurance may be used to meet the required limits of insurance. If any Excess/Umbrella Liability policies are in place, they must be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying insurance.

NOTICE OF CHANGE OR CANCELLATION:

The Contractor or its insurer must provide at least 30 days’ written notice to ODOT before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

CERTIFICATE(S) AND PROOF OF INSURANCE:

Contractor shall provide to ODOT Certificate(s) of Insurance for all required insurance before delivering any Goods or performing any Services required under the Contract. The Certificate(s) shall:

· Endorse the “State of Oregon, the Oregon Transportation Commission, and the Oregon Department of Transportation, and their respective officers, members, agents and employees” as an endorsed Additional Insured.

· Include all required endorsements or copies of the applicable policy language effecting coverage required by this Contract.

· Specify that all liability insurance coverages shall be primary and noncontributory with any other insurance and self-insurance, with exception of Professional Liability and Workers’ Compensation/Employer’s Liability.

· If Excess/Umbrella Liability insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the Excess/Umbrella Liability insurance.

· List the following as a Certificate Holder:

ODOT Procurement Office 355 Capitol St NE MS 5-1 Salem OR 97301

Throughout the life of this Contract, Contractor shall submit updated Certificates of Insurance prior to the policy expiration date(s). As proof of insurance, ODOT has the right to request copies of insurance policies, endorsements, self-insurance documents, and related insurance documents relating to the insurance requirements in this Contract.

ADDITIONAL INSURED ENDORSEMENTS:

i.

Additional Insured. The liability insurance coverages, except Professional Liability or Workers’ Compensation/Employer’s Liability, if included, required for performance of the Contract must include an Additional Insured endorsement endorsing the “State of Oregon, the Oregon Transportation Commission, and the Oregon Department of Transportation, and their respective officers, members, agents and employees.” Coverage shall be primary and noncontributory with any other insurance and self-insurance. Proof of Additional Insured status will include copies of endorsements or policy wording which must be submitted with the Certificate(s) of Insurance.

ii.

Commercial General Liability must endorse the “State of Oregon, the Oregon Transportation Commission, and the Oregon Department of Transportation, and their respective officers, members, agents and employees” as Additional Insureds with respect to liability arising out of work or completed operations performed by, or on behalf of, the Contractor including materials, parts, or equipment furnished in connection with such work or operations. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed insureds. The Additional Insured endorsements shall be written on ISO Form CG 20 10 07 04, or equivalent, with respect to liability arising out of ongoing operations and ISO Form CG 20 27 07 04, or equivalent, with respect to liability arising out of completed operations.

iii. Excess/Umbrella Liability policies must endorse the “State of Oregon, the Oregon Transportation Commission, and the Oregon Department of Transportation, and their respective officers, members, agents and employees” as Additional Insureds.

iv. The Additional Insured endorsements must be acceptable to ODOT.

STATE ACCEPTANCE:

All insurance and insurance providers are subject to ODOT acceptance. In addition, all of the following are subject to ODOT acceptance and, if requested by ODOT, the Contractor shall provide complete copies of the following to ODOT’s representatives responsible for verification of the insurance coverages required by the Contract: insurance policies, endorsements, self-insurance documents and related insurance documents.

Revision: 5/7/24

Revision: 5/14/24