00016889 ITB.docx

Oregon Department of Transportation Invitation to Bid For State Funded Public Improvements

I-84: Bridge Deck & Approach Paving MP 88.04 & 89.89

BID # S-73000-00016889

This Invitation to Bid (“ITB”) is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bids must be submitted through the OregonBuys system. See ITB Section C.1 – OREGONBUYS / ITB DOCUMENT AVAILABILITY for information regarding supplier registration and terminology used in the OregonBuys platform.

This document must be viewed electronically to access files, forms, provisions and any other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are otherwise unable to open any of the attached forms, Addenda, or other documents listed in the OregonBuys system may contact the Purchaser/Single Point of Contact (see Section A.2) for alternative formats and any reasonable accommodations that might be needed.

This ITB and any resulting Contract are subject to the State Buy America requirements, pursuant to ORS 279C.303 (See ITB Section C.2.5).

TABLE OF CONTENTS

ATTACHMENT A BID PACKAGE FORMS

· FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

· FORM A-2: PRICING FORM

· FORM A-3: BID BOND FORM

· FORM A-4: FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

ATTACHMENT B SAMPLE PUBLIC IMPROVEMENT CONTRACT (FORMS AND EXHIBITS)

· EXHIBIT 1: COMPLETED PRICING FORM [Drafting Note: Mark this bullet “[RESERVED]” if using online pricing entry.]

· EXHIBIT 2: PERFORMANCE BOND FORM

· EXHIBIT 3: PAYMENT BOND FORM

· EXHIBIT 4: GENERAL CONDITIONS, SUPPLEMENTAL GENERAL CONDITIONS, AND CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

· EXHIBIT 5: SPECIFICATIONS - I-84 Bridge and Approach Paving MP 88.04 & 89.89

· The Specifications are found as 1 separate upload on OregonBuys for this ITB.

· EXHIBIT 6: PLANS - Plans, 15 Mile Bridge Paving Plan, Big Eddy Bridge Paving Plan

· The Plans are found as 3 separate uploads on OregonBuys for this ITB.

· EXHIBIT 7: RESERVED

· EXHIBIT 8: RESERVED

SECTION A – PROJECT AND SOLICITATION SUMMARY

A.1 PROJECT DESCRIPTION

The purpose of this ITB is to establish a contract for I-84: Bridge Deck & Approach Paving MP 88.04 & 89.89 (the “Project”) for the benefit of the Oregon Department of Transportation (“ODOT”) (the “Contract”). The work to be performed under the Contract includes all labor, materials, transportation, equipment, permits, and services for and incidental to the completion of all construction work in connection with the Project in strict accordance with the Contract Documents.

The work, includes, but is not limited to:

Fifteen Mile Creek Bridge (East & West bound lanes): work includes 2-inch depth cold plane pavement removal of bridge approach and impact panel wearing courses up to expansion joints at bridge deck, inlay of HMAC, and Control Joint installation where new approach asphalt meets existing roadway wearing course. Existing expansion joints at bridge ends are to remain, contractor to utilize appropriate mill to preserve the existing expansion joints.

Big Eddy Bridge (West bound only): work includes cold plane pavement removal of bridge approach and bridge deck wearing courses, bridge deck membrane, expansion joints, new rolled waterproof membrane, inlay of HMAC, installation of two new full width precompressed foam silicone joint seals at the bridge deck, same location as existing per Detail 3138, two new full width asphaltic plug joint seals at bridge deck ends per standard drawing BR 157.

The work also includes performing all traffic control, and temporary pavement markers at both locations.

A.2 SINGLE POINT OF CONTACT (“SPC” or “Purchaser/SPC”)

See “Purchaser” and “Info Contact”, including email address, for this ITB in OregonBuys. This is the only point of contact for this ITB. Any questions or issues that may arise regarding the ITB and its attachments, bidding process, change, clarification, award process, protests, and any other issues must be directed to the SPC.

Note: OregonBuys refers to SPC as “Purchaser”.

A.3 SOLICITATION SCHEDULE

All dates listed are subject to change. All times listed in this ITB and OregonBuys are Pacific Standard Time (“PST”).

A.4 PROJECT SITE

The work is on I-84 near The Dalles at Fifteen Mile Creek Bridge #20875, MP88.04, and Big Eddy Bridge # 08924, MP 89.89.

A.5 RESERVED

A.6 PROJECT COST ESTIMATE AND FUNDING

The following range is a Project estimate for bonding purposes:

$250,000 to $500,000

This Project is anticipated to be funded with State funds. Award is dependent upon Agency’s receipt of sufficient Project funding.

A.8 LIQUIDATED DAMAGES

Liquidated damages will apply to the Contract resulting from this ITB for failure to complete the Project by the Substantial Completion Date. (see Attachment B, Sample Contract, Section 4).

A.9 PREVAILING WAGE RATES

This ITB and resulting Contract are subject to the Bureau of Labor and Industries (“BOLI”) prevailing wage rate requirements and the prevailing wage rates and apprenticeship rates in effect as of the date this ITB was first advertised, which, while not physically attached, are incorporated herein by reference with the same force and effect as though fully set forth herein and are referenced and available as follows:

Prevailing Wage Rates for Public Works Contracts, dated April 5, 2026.

Prevailing Wage Apprenticeship Rates, in effect April 5, 2026.

These BOLI wage rates are available at: https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx.

The Work will take place in Wasco County, BOLI Region 9.

A.10 PRE-BID CONFERENCE

There is no pre-bid conference for this Project.

A.11 PUBLIC OPENING

The public opening will occur immediately following the Closing/Bid Opening Date unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public opening. Award decisions will not be made at the public opening.

ODOT will hold the public opening through electronic means. Interested parties may attend the public opening for this solicitation electronically at the link that follows.

Be sure to have Microsoft Teams access available on your computer or mobile phone. It is attendee’s choice to use video or audio only.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/266383562871835?p=Tc5Btfn2pvvfdJxKL2 Meeting ID: 266 383 562 871 835 Passcode: 4PX9Ga98

Need help? | System reference Dial in by phone +1 971-277-1965,,886463495# United States, Portland Find a local number Phone conference ID: 886 463 495#

SECTION B – DEFINITIONS

Together with the definitions found in Section A.1 of the General Conditions, the following definitions apply to this ITB and the resulting Contract:

"Addendum" (listed as an "Amendment" in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Bidders in accordance with Oregon Administrative Rule (“OAR”) 137-049-0250(2). The plural form of "Addendum" is "Addenda".

"Agency" means the Oregon Department of Transportation (“ODOT.”) May be used interchangeably with “Owner.”

"Bid" (referred to as "Quote" in OregonBuys) means a Written response to an Invitation to Bid.

"Bidder" means an individual, organization, or representative of an organization that submits a Bid in response to an ITB. Bidder may also be referred to as "Offeror”.

“Closing" (referred to as "Bid Opening Date" in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

"Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

“Manufactured Product”, for purposes of State Buy America, means a preassembled item that is made of iron or steel and that a contractor brings to a construction project for incorporation into a Public Improvement or public works, or a preassembled item that is made of iron or steel and that the Department of Transportation acquires for a public use (See ORS 279C.303(1)(a)).

"OregonBuys" means the online electronic Oregon Automated Procurement System administered by the State’s Department of Administrative Services. The OregonBuys System website is located at: https://oregonbuys.gov/bso/.

"Public Improvement" means a project for construction, reconstruction or major renovation on real property by or for a contracting agency.

“Produced in the United States” for purposes of State Buy America, means (a) for iron and steel products, other than Manufactured Products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and (b) for Manufactured Products, that: (i) the manufacture of the product occurred within the United States; and (ii) the cost of the components of the product that are mined, produced, or manufactured in the United States is more than 55% of the total cost of all components of the product (See ORS 279C.303(1)(b)).

"Signature" means any Written mark, word or symbol that is made or adopted by a Person with the intent to be bound and that is attached to or logically associated with a Written document to which the Person intends to bound.

“Standard Drawings” means Agency-prepared detailed drawings for Work or methods of construction that normally do not change from project to project.

"State" means the State of Oregon.

"Writing" means letters, characters, and symbols inscribed on paper by hand, print, type, or other method of impression, intended to represent or convey particular ideas or meanings. "Writing" when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters, and symbols made in electronic form and intended to represent or convey particular ideas or meanings (see OAR 137-046-0110(39)).

“Written” means existing in Writing.

SECTION C – INSTRUCTIONS TO BIDDERS

C.1 OREGONBUYS / ITB DOCUMENT AVAILABILITY

C.1.1 REGISTRATION REQUIREMENT. Bidder must be registered in OregonBuys to do business with the State. Registration is free. OregonBuys uses the terms Vendor and Supplier interchangeably to refer to any form of business entity registered in OregonBuys.

To create a supplier account, Bidder may click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance Bidder may visit the Supplier Resources website: https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx.

Bidder is responsible for ensuring that its supplier registration and information is current and correct in OregonBuys, including choosing any commodity or service codes associated with its business. Bidder must answer “yes” to the question “Do you currently, have you in the past, or do you plan to work with Oregon Department of Transportation or Department of Aviation?” under the Terms and Categories section of the supplier account in order to avoid payment delays should Bidder be awarded a contract. ODOT shall not be responsible for defective registration or incorrect supplier information. Bidder shall contact support.oregonbuys@das.oregon.gov with any questions or supplier registration support.

Also, see OregonBuys User Guides located on the ODOT Procurement Office’s Contracting with ODOT page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

C.1.2 OBTAINING ITB DOCUMENTS. This ITB, any ITB attachments and any Addenda thereto and related notices may be downloaded from OregonBuys at: https://oregonbuys.gov/bso. This ITB and any attachments will not be mailed to prospective Bidders.

In some cases, exhibits and attachments cannot be viewed or downloaded through OregonBuys. In these cases, the solicitation will include instructions on how to obtain these documents.

Bidders should contact the Purchaser/SPC for this ITB if they are unable to access solicitation documents via OregonBuys.

C.1.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

· Details entered in the “Header Information” section;

· All ITB attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the “File Attachments” and “Form Attachments” sections; and

· Information, if any, entered in the “Questions” and “Item Information” sections.

Bidders are solely responsible for checking OregonBuys regularly until the Bid Opening Date specified in OregonBuys to ensure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB.

C.1.4 EXPLANATION OF CERTAIN TERMS USED IN OREGONBUYS

· Amendment: Any form of notice posted on OregonBuys associated with the solicitation such as intent to award, solicitation cancellation, or Addendum.

· Bid Opening Date: The OregonBuys term for “Closing” as defined in OAR 137-046-0110(6) (the date and time specified in a Solicitation Document as the deadline for submitting Offers).

· Bid Solicitation: Refers to the opportunity or the notice (e.g. RFP, ITB)

· Purchaser: Refers to the SPC identified on the Cover Page of this ITB.

· Quote: Bid Package (see Section C.7).

C.1.5 CONFLICT OF INTEREST (COI) DISCLOSURE. Bidder must be in compliance with ODOT’s COI Guidelines. If there are any disclosures required for Bidder or its Subcontractors, as detailed in the ODOT Conflict of Interest Guidelines, Bidder must submit the required signed COI Disclosure Form(s) with its Bid.

If there are no COI disclosures required for Bidder or its Subcontractors, per the ODOT COI Guidelines, submittal of COI Disclosure form(s) is not required.

The ODOT Conflict of Interest Guidelines for Procurements and Contracts and ODOT’s COI Disclosure Form are available at the following website (under Guidance, Policy & Resources): http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

C.2 SOLICITATION LAWS, RULES AND GENERAL CONDITIONS

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the ORS, and the Attorney General’s Model Public Contract Rules (“Model Rules”) OAR Chapter 137, Divisions 046 and 049, as adopted and modified by the Oregon Department of Transportation Rules OAR Chapter 731, Divisions 146 and 149. The ITB and resulting Contract may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.2.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C). Can be obtained online at: https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx.

C.2.2 OREGON DEPARTMENT OF TRANSPORTATION ADMINISTRATIVE RULES AND ATTORNEY GENERAL MODEL PUBLIC CONTRACT RULES – (OAR Chapter 731, Divisions 146 and 149 and OAR Chapter 137, Divisions 046 and 049) - Can be obtained online at: https://secure.sos.state.or.us/oard/processLogin.action

C.2.3 GENERAL CONDITIONS. In addition to the foregoing, this ITB and the resulting Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS (“General Conditions”) dated January 1, 2012, as modified by the Supplemental General Conditions, which are incorporated herein and provided as Attachment B, Exhibit 4. The General Conditions, although not physically attached, are incorporated herein by reference with the same force and effect as though fully set forth herein. The General Conditions can be obtained online at: http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf

C.2.4 COMMITMENT TO DIVERSITY, EQUITY AND INCLUSION. The State is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority-owned, women-owned, emerging small, and veteran-owned businesses by reducing barriers to compete for and be awarded State contracts. All interested businesses are encouraged to submit Bids for this contracting opportunity. See also Executive Order No. 22-15.

C.2.5 STATE BUY AMERICA REQUIREMENTS

ODOT has determined that no steel, iron, coatings for steel and iron, or Manufactured Products, as defined in ORS 279C.303, will be used in the performance of Work for the resulting Contract and the domestic preference requirements of ORS 279C.303 will not apply. In the event steel, iron, coatings for steel and iron, or Manufactured Products, as defined in ORS 279C.303, are needed to perform any of the requested Work, the domestic preference requirements of ORS 279C.303 shall apply.

C.2.6 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION. The 2024 Oregon Standard Specifications for Construction (“Standard Specifications”) include detailed specifications in Part 00200 and beyond (“technical specifications”) that apply to this ITB and any resulting Contract. See the Specifications for additional information regarding application of the Oregon Standard Specifications for Construction.

C.3 BRAND NAME AND EQUIVALENTS

C.3.1 BRAND NAME. This ITB (including Plans and Specifications) does not expressly or implicitly require any product by brand name or mark, nor does it require the product of any particular manufacturer or seller, unless an exemption has been granted under ORS 279C.345(2). For purposes of this Project, the following exemptions have been granted:

None

C.3.2 EQUIVALENTS. This ITB (including Plans and Specifications) may include one or more brand-name-or-equivalent Specifications. A brand-name-or-equivalent Specification is the listing of one or more brand names, manufacturer names, or seller names along with a designation such as “or equivalent”, “or approved equivalent”, “or equal” or “or approved equal’, or similar language. When a brand-name-or-equivalent Specification is used, Bidder may use either (i) the brand name product or (ii) an equivalent product. ODOT shall determine, in its sole discretion, whether an Offeror’s alternate product is equivalent.

When the brand-name-or-equivalent Specification includes the word “approved,” (such as “or approved equivalent” or “or approved equal”) the alternate product must be proposed during the bid process using the request procedures described in Sections C.4.1 and C.4.5. When the brand-name-or-equivalent Specification does NOT include the word “approved” (such as “or equivalent” or “or equal”), approval by ODOT of alternate products will occur after award through the contract administration submittals process.

C.4 REQUESTS FOR APPROVAL OF EQUIVALENTS, CLARIFICATION, OR CHANGE; SOLICITATION PROTESTS

C.4.1 REQUEST FOR APPROVAL OF EQUIVALENTS. Bidder may request approval of equivalents. The request must reference any applicable Specification sections and include all information necessary for ODOT to determine, in its sole discretion, whether the proposed product is equivalent. ODOT will issue an Addendum identifying any approved equivalent products.

C.4.2 REQUEST FOR CLARIFICATION. Bidder may request clarification of any ITB requirements per the method provided in Section C.4.5, below.

C.4.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS. Bidder may request changes to contractual terms, Plans, or Specifications. Each request must include a statement of the requested changes and the reason for the requested changes.

C.4.4 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS. Bidder may protest contractual terms and conditions, Plans, or Specifications. The protest must include a detailed statement of the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and a statement of the desired changes to the contractual terms and conditions, Plans, or Specifications.

C.4.5 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS. Requests for approval of equivalents, clarification or changes, and protests of the ITB provisions must be made in Writing via email to the Purchaser/SPC and marked as follows:

Bid Request for: Approval of Equivalents / Clarification / Change; or Protest of ITB Provisions

Bid Number and Bid Opening Date

Requests and solicitation protests must be received by the Purchaser/SPC by the deadline provided in the Solicitation Schedule (see Section A.3). Unless this specific deadline is extended by subsequent Addenda, no requests or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.4.6 RESPONSES. ODOT will respond to properly submitted requests and protests. ODOT may post question and answer documents on OregonBuys to respond to inquiries when ODOT determines, in its sole discretion, the answers do not effect changes to this ITB. When appropriate, including approval of equivalents, ODOT will amend the ITB via Addendum.

Unless ODOT amends this ITB by Addendum, a response from ODOT does not change Plans, Specifications, contractual terms, or procurement requirements.

C.5 REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE AND PROTEST OF ADDENDA

Requests for clarification, requests for change, and protests of Addenda shall be submitted to the SPC per the method provided in Section C.4.5 and must be received by the time and date specified in the Addendum or 5:00 pm (Pacific) on the next business day after issuance of the Addendum if no specific date and time is given, or they will not be considered. ODOT will not consider requests or protests of matters not addressed by the Addendum.

C.6 TRADE SECRETS

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.345 or confidential proprietary information under ORS 192.355, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.” Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidder that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.7 BID PACKAGE

C.7.1 BINDING OFFER. Bidder’s Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than 120 calendar days from the Bid Opening Date.

ODOT may request that Bidder extend the time period during which ODOT may consider and accept the Bid. If Bidder agrees to such an extension, the Bid shall continue as an irrevocable, valid, and binding Bid binding on the Bidder for the agreed-upon extension.

C.7.2 SUBMISSION REQUIREMENTS. The Bid Package must be submitted via OregonBuys. ODOT will reject submittals by any other means. Each electronic file or attachment must be clearly identified with the OregonBuys Bid Number. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidder shall make reasonable efforts to minimize the file size of attachments to 5 megabytes.

Bidder shall not make the Bid contingent upon the Owner’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB. Bidder must select the “Yes” option on the Terms & Conditions tab in OregonBuys. If Bidder selects “Yes with exceptions” or “No,”, the Bid will be rejected as non-responsive.

For information on how to submit an electronic response to an opportunity, please visit: https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

C.7.3 BID PACKAGE REQUIREMENTS

(1) Bidder Information and Certifications Form. Bidder must complete and submit Attachment A, Form A-1 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

(2) Pricing Form. Bidder must complete and submit Attachment A, Form A-2 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date. In addition, Bidder must enter its total Bid Price on the Items tab in OregonBuys.

(4) First-Tier Subcontractor Disclosure Form. Bidder must complete and submit Attachment A, Form A-4 either (i) with the Bid Package submission via Oregon Buys or (ii) via email to the Purchaser/SPC within 2 working hours after the Bid Opening Date.

C.7.4 SIGNATURES. All Bid forms requiring Signature must be signed by an authorized representative of the Bidder. Bidder agrees that any Signatures on documents submitted in response to this ITB via OregonBuys or email are Electronic Signatures under ORS Chapter 84, bind the Bidder, and are intended to be and can be relied upon by ODOT.

C.7.5 TIMELINESS. ODOT will use the time stamp on the submittal through OregonBuys to determine timeliness. ODOT shall not be responsible for and will not accept late or misdelivered Bids, protests, or other submittals.

C.7.6 FAILURE OF ELECTRONIC SYSTEMS. ODOT is not and shall not be held responsible for failure of OregonBuys or any email system that interferes with the ability of Bidders to submit Electronic Submittals, to protest or to otherwise participate in the ITB process. In the event of a failure of OregonBuys or any email system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, ODOT may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing the extension immediately after OregonBuys or any email system becomes available.

C.7.7 HARD COPIES AND ORIGNALS. ODOT reserves the right at any time to require the Bidder to submit hard copy originals of any documents included in an electronic Bid Package. Further, ODOT reserves the right to require that the apparent successful Bidder (“Awarded Bidder”) promptly submit its complete original signed Bid to ODOT.

C.8 BID MODIFICATION PRIOR TO THE BID OPENING DATE

If modifications are required after Bid submission, Bidder must withdraw its initial Bid submission using the “Withdraw Quote” button and submit a new Bid submission. Failure to comply with the provisions of this Section will result in Bid rejection.

Nothing in this Section shall be construed as allowing the Bidder to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

Bidders may not modify Bids after the Bid Opening Date.

C.9 BID WITHDRAWAL PRIOR TO THE BID OPENING DATE

If a Bidder wishes to withdraw a submitted Bid, the Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to the Closing/Bid Opening Date specified in OregonBuys for this ITB.

SECTION D – AWARD

Bids must be submitted in accordance with all instructions in this ITB prior to the Bid Opening Date specified in OregonBuys for this ITB (see also Section A.3, Solicitation Schedule). Bids received after the Bid Opening Date will not be considered for award.

D.1 PRELIMINARY BID RESULTS

Following public Opening (see Section A.11), ODOT may post preliminary Bid results on the OregonBuys System. Such postings may not be correct and are not final. The posting of the preliminary Bid results is not a representation by ODOT that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

D.2 METHOD OF AWARD

Provided ODOT does not cancel the solicitation or reject all Bids pursuant to OAR 137-049-0270, Award will be made to the responsible Bidder submitting the lowest responsive Bid, calculated as follows.

(1) LUMP SUM. If the ITB requires a lump sum Bid, without additive or deductive alternates, or if ODOT elects not to award additive or deductive alternates, Bids will be compared based on lump sum prices or lump sum base Bid prices, as applicable. If the ITB calls for a lump sum base Bid, plus additive or deductive alternates, the total Bid price will be calculated by adding to or deducting from the base Bid those alternates selected by ODOT, for the purpose of comparing Bids.

(2) UNIT PRICE. If the Bid includes unit pricing for estimated quantities, the total Bid price will be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder and adjusting for any additive or deductive alternates selected by ODOT, for the purpose of comparing Bids. ODOT will specify within the ITB the estimated quantity of the procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. See OAR 137-049-0350(2)(b).

(3) LUMP SUM AND UNIT PRICED BID ITEMS. If the ITB requires the Bid include both (i) unit pricing for estimated quantities, and (ii) lump sum pricing for Bid Items, the total Bid price will be calculated as the total of all Unit-priced and Lump Sum Bid Items, adjusting for additive or deductive alternates selected by ODOT. Unit priced Bid Items will be calculated by multiplying the estimated quantity by the unit price. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. See OAR 137-049-0350(2)(b).

ODOT may award by Bid item, groups of bid items or the entire Bid provided such award is in the public interest.

D.2.1 APPLICATION OF RECIPROCAL PREFERENCE. In determining the lowest responsive Bid, ODOT will, in accordance with OAR 137-046-0310, add a percentage increase to the Bid of a Non-resident Bidder (see Attachment A, Form A-1) equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides. Adjustments made to account for reciprocal preferences will be for Bid evaluation purposes only. No such adjustments shall operate to amend Bidder’s Bid or any Contract awarded pursuant thereto.

D.2.2 RESPONSIVENESS. For its Bid to be considered responsive, the Bidder must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. Bids may be considered nonresponsive and rejected if the Bid:

· includes non-approved equivalents where approval is required;

· takes exception to the Specifications or Plans or contractual terms of the ITB;

· is contingent upon ODOT’s acceptance of Specifications, Plans, or Contract terms that conflict with or are in addition to those advertised in this ITB; or

· is unreadable.

In making a responsiveness determination, ODOT may waive minor informalities as described in OAR 137-049-0350, and ODOT may seek clarification of any response when, in its sole discretion, it deems such clarification necessary or advisable. However, a Bidder may not supplement its Bid to provide for missing information.

D.2.3 RESPONSIBILITY. Prior to award of the Contract, ODOT will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, ODOT may investigate Bidder and request information in addition to that already required in this ITB in Attachment A, Form A-1, Responsibility Inquiry, when ODOT, in its sole discretion, considers it necessary or advisable.

ODOT shall notify the apparent successful Bidder, in Writing, of any other documentation required for it to complete its responsibility inquiry, which may include, but is not limited to: recent profit-and-loss history, current balance statements, assets-to-liabilities ratio (including number and amount of secured versus unsecured creditor claims), availability of short and long-term financing, bonding capacity, credit information, material, equipment, facility and personnel information, performance record of Contract performance, and similar information. Submission of a signed Bid shall constitute approval for ODOT to obtain any information ODOT deems necessary to conduct the evaluation.

Failure to promptly provide this information shall result in Bid rejection. ODOT may postpone the award of the Contract after issuing a notice of its intent to award (“Notice of Intent to Award”) to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility as required under OAR 137-049-0390 shall render the Bidder non-responsible and shall constitute grounds for Bid rejection, as required under OAR 137-049-0440.

D.3 REJECTION OF BIDS

D.3.1 REJECTION OF ALL BIDS. ODOT may reject all Bids for good cause upon its finding that it is in the public interest to do so. Agency will issue written findings if all Offers are rejected.

D.3.2 LIQUIDATED AND DELINQUENT DEBT. ODOT may reject a particular Bid if a Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

D.3.3 REJECTION OF PARTICULAR BIDS. ODOT may reject a particular Bid for any of the reasons listed under OAR 137-049-0440.

D.4 NOTICE OF INTENT TO AWARD

ODOT will issue to each Bidder or post, electronically or otherwise, a Notice of Intent to Award identifying the Awarded Bidder, pursuant to ORS 279C.375.

D.5 PROTEST OF INTENT TO AWARD

A Bidder who is adversely affected or aggrieved because all other Bids were nonresponsive or ODOT committed a violation of a provision of the ITB or procurement statute or administrative rule in evaluation of the Bids may submit a protest of the Notice of Intent to Award. The protest must be in Writing, specify the grounds upon which the protest is based and be submitted via email to the Purchaser/SPC within 5 days after issuance of the Notice of Intent to Award. Protests received after that date will not be considered. See also OAR 137-049-0450.

D.6 FINAL AWARD

Upon expiration of the Notice of Intent to Award protest period (or after affirmation of the Award following a protest, if any) the award will be final. If only one Bid is submitted, there will be no Notice of Intent to Award protest period.

D.7 INFORMATION TO BE SUBMITTED BY THE AWARDED BIDDER

The Awarded Bidder shall provide the following required documents to ODOT:

· Proof of Insurance. Awarded Bidder shall furnish proof of insurance meeting the requirements provided in Attachment B, Exhibit 4.

· Performance and Payment Bonds. Using the forms provided in Attachment B, Exhibits 2 and 3, the Awarded Bidder shall furnish a performance bond and a payment bond each in the total amount (100%) of the awarded Contract, executed in favor of the State.

· W-9 Form. When requested by Agency or when the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any, Awarded Bidder shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form. The W-9 form is available at: http://www.irs.gov/pub/irs-pdf/fw9.pdf.

Failure to present the required documents within 7 days of request by ODOT may result in revocation of award and forfeiture of the Bid Security as described in Section D.8.1 below. Should Awarded Bidder, working in good faith, be unable to meet the required timeframe set forth in this Section, Bidder shall in Writing via email to SPC explain the circumstances and request an extension for the number of days needed to achieve compliance, which ODOT, in its sole discretion, may allow.

D.8 EXECUTION OF PUBLIC IMPROVEMENT CONTRACT

ODOT will provide Awarded Bidder with the finalized Contract documents, which Awarded Bidder shall execute within the timeframe specified by the Purchaser/SPC.

D.8.1 FOREFEITURE OF BID SECURITY. An Awarded Bidder who fails to promptly and properly execute the contract and to deliver the performance bond, the payment bond, and the proof of insurance (when bonds or insurance are required) within the timeframes specified in D.7, shall forfeit the Bid Security that accompanied the successful Bid. The Bid Security shall be taken and considered as liquidated damages and not as a penalty for failure of the Bidder to execute the Contract and deliver the bonds and proof of insurance.

D.9 RETURN OF BID SECURITY

D.9.1 ODOT will return the Bid Security of the Awarded Bidder to the Bidder after the Bidder:

(a) executes the Contract, and

(b) delivers a good and sufficient performance bond, a good and sufficient payment bond, and any required proofs of insurance in accordance with Section D.7.

D.9.2 ODOT may return the Bid Security of unsuccessful Bidders after the Bids have been opened and the Contract has been awarded.

D.10 REVIEW OF SOLICITATION FILES

Completed solicitation files are public records and available for review. Contact the Single Point of Contact to arrange for review of the documents.

ATTACHMENT A

BID PACKAGE FORMS

· FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

· FORM A-2: PRICING FORM

· FORM A-3: BID BOND FORM

· FORM A-4: FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

ATTACHMENT A

FORM A-1 — BIDDER INFORMATION AND CERTIFICATIONS FORM

ITB S-73000-00016889

I-84: Bridge Deck & Approach Paving MP 88.04 & 89.89

[Note to Bidders: If additional space or lines are needed attach an additional page to the end of the form.]

Business Name:

Is Bidder authorized by the Oregon Secretary of State to transact business in Oregon? Yes ☐ / No ☐

· If yes, provide business registry number or otherwise describe authorization: _____________

Business Owner(s) Name:

Business Address:

Mailing Address (if different):

Bidder is a: (select one)

Telephone Number:

Email Address:

Federal Employer Identification Number (FEIN) Number:

Contract Authorized Representative Name:

Individual named above must be authorized to execute agreements and contracts on behalf of the Bidder. If Bidder is a joint venture or partnership, the individual named above must be authorized to sign on its behalf and execute agreements and contracts. Additionally, upon request, Bidder shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venture or partnership.

Bidder must be licensed with the State Construction Contractors Board (“CCB”) prior to bidding on Public Improvement Contracts (OAR 137-049-0200). FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN BID REJECTION. Contractor certifies that each of its Subcontractors participating in the Project will be similarly licensed with the CCB before each Subcontractor commences Work under the Contract.

CCB LICENSE NO.:

EXPIRATION DATE OF CCB LICENSE:

PUBLIC WORKS BOND

Pursuant to ORS 279C.830(2) and OAR 839-025-0015, Contractor and every Subcontractor shall have a Public Works bond filed with the CCB before starting Work on the Project. This bond is in addition to performance bond and payment bond requirements.

Name of Public Works Bonding Company:

Address of Public Works Bonding Company:

Agent Name/Phone: /

Public Works Bond Number:

If exempt from this requirement under ORS 279C.836(4), (7), (8), or (9), list applicable exemption and describe:

SUBCONTRACTORS CERTIFIED UNDER ORS 200.055

Contracting Agency promotes and applies a policy of diversity, equity, and inclusion in public contracting by engaging in efforts to increase public contracting opportunities for businesses and enterprises that the Certification Office for Business Inclusion and Diversity has certified under ORS 200.055.

Provide the company name(s) of any Subcontractor certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, an emerging small business, or a veteran-owned business, that Bidder intends to utilize in the performance of this Contract.

Name:

RESPONSIBILITY INQUIRY

Bidder may add additional lines to this section and form as needed to provide the required information.

1. Does Bidder have available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities?

Yes ☐ / No ☐

2. Within the last 5 years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party? Number of contracts: [_____]

How many contracts did not meet those standards? Number of contracts: [_____]

If any contracts did not meet those standards, please provide an explanation:

Has Bidder been debarred or otherwise disqualified from bidding on contracts by any state, local, or federal agency under any state or federal law? Yes ☐ / No ☐

If yes, please provide an explanation:

3. Within the last 3 years, has Bidder had:

a. any contracts terminated for default by any government agency, or

b. any lawsuits filed against it by creditors or involving contract disputes?

Yes ☐ / No ☐

If yes, please provide an explanation: (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

4. Within the last 3 years has Bidder been criminally or civilly charged, indicted, or convicted in connection with:

a. obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract,

b. violation of federal or state antitrust statutes relating to the submission of Bids or Proposals, or

c. embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property?

If yes, indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges below:

Does Bidder have any outstanding or pending judgments against it? Yes ☐ / No ☐

5. Is Bidder experiencing financial distress or having difficulty securing financing?

6. Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period?

If no, please provide an explanation:

Within the last 3 years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it?

If yes, provide the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable:

Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State? Yes ☐ / No ☐

If no, please provide an explanation:

7. Pay Equity Certificate. This certificate is required if Bidder employs 50 or more full-time workers and the resulting Contract price is estimated to exceed $500,000. Does a current authorized representative of Bidder possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services?

Yes ☐ / No ☐ / Not Applicable ☐

[If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see Proposal” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

Does Bidder have documented diversity, equity and inclusion values and practices as required pursuant to Executive Order 22-15? Yes ☐ / No ☐

8. Within the last 3 years has the Offeror, or any officer, partner, agent or employee of Offeror been found to have violated any state or federal prevailing wage statute or regulation (including the federal Davis-Bacon and related Acts and ORS 279C.800 – ORS 279C.870) in any Final Order of the Oregon Bureau of Labor and Industries or the United States Department of Labor, or by any court of competent jurisdiction?

Yes ☐ / No ☐

If yes, provide copies of the final order(s) or judgment in which this occurred and explain in detail:

(a) The circumstances behind any violation, including the amount(s) not paid

(b) Whether the amount(s) have now been paid

(c) The reasons for the violation

(d) All efforts undertaken to ensure that future violations will not occur

Response:

RECORD OF SATISFACTORY PERFORMANCE

Bidder must demonstrate that it has completed previous contracts of a similar nature with a satisfactory record of performance. Bidder shall provide the information below for 3 different projects completed within the last 3 years that demonstrate Bidder’s experience with projects of similar size, scope, and complexity to the Project that is the subject of this ITB. Bidder must provide contact information for the individual who can describe the quality of workmanship and service that the Bidder provided on current and past projects of similar size and complexity. If Bidder has performed work for ODOT within the last 3 years as described below, Bidder may check the box below in lieu of providing references. However, ODOT reserves the right to require references, or additional references, from any Bidder during its determination of Bidder responsibility

ODOT reserves the right to choose and investigate any contact or reference (whether or not furnished by the Bidder), and to investigate Bidder’s past performance with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of service on schedule, and lawful payment of suppliers, subcontractors, and employees.

Yes ☐ Bidder has performed construction work for ODOT within the past 3 years as the prime contractor under a construction contract between Bidder and ODOT. Bidder understands that if Bidder is the Awarded Bidder, ODOT may still require that Bidder provide references, in which case Bidder must promptly provide them to assist ODOT in determining Bidder’s responsibility.

Bidder may add additional lines to this form as needed to provide the required information.

Project #1

Description of Project:

Project Location:

Project Date:

Contract Amount:

Project Owner:

Project Contact Information (Name/Phone/Email):

Did the project owner ever find that you were materially deficient in contract performance?

If yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did you take appropriate corrective action? Please provide an explanation:

Did you stay within the contract time and budget to the extent the costs associated with and time available to perform a previous contract were within your control? Yes ☐ / No ☐

Project #2

Description of Project:

Project Location:

Project Date:

Contract Amount:

Project Owner:

Project Contact (Name/Phone/Email):

Did the project owner ever find that you were materially deficient in contract performance?

If yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did you take appropriate corrective action?