00017818 Emergency Request for Bids R1~1.pdf

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Issue Date: Oregon Department of Transportation

Request for Bids (“RFB”) No. S-73000-00017818

Emergency US 26 Fire Damaged Guardrail Replacement

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

Required Submittals and Bid Pricing via OregonBuys

Bidder must select “Yes” on the Terms & Conditions tab in OregonBuys or the Bid will be rejected).

Bidder must complete and submit via OregonBuys all submittal requirements of this RFB no later than the Bid Opening Date and time specified in OregonBuys for this RFB (submittals by any other means will be rejected):

Bid Pricing. Bidders must complete online entry of all required pricing information in the “Item Information” section for this ITB in OregonBuys. In addition to the Bid Pricing, entered in OregonBuys, the bidder must complete the Bid Pricing Form that is included with the Bid Form (Attachment C).

Bid Pricing Form. Bidders must complete the Bid Pricing Form. Failure to supply all required information in the Pricing Submittal Form may result in rejection of the Bid as non-responsive. In the event of a discrepancy between extended prices and unit prices, unit prices will prevail.

If the Pricing Submittal form is replaced by an Addendum, then Bidders shall use that replacement form to provide pricing and other required information.

The quantities listed on the Bid Pricing Form are estimates of intended purchases by ODOT and are for Bid purposes only. These figures are intended to serve only as a guide to Bidders, and are not to be construed as a guarantee. ODOT reserves the right to adjust quantities or delete items as needed.

Payment will be made based on actual quantities procured.

Bid Opening No public bid opening with occur for this project.

AWARD

Method of Award Bids will be evaluated to determine the lowest Responsible Bidder whose Bid is Responsive and not otherwise rejected per the provisions of OAR 137-047-0640(1)(b) and (c ).

Prior to award, ODOT may investigate Bidder (including the results of any reference checks completed by ODOT) and request information in addition to that already required in this RFB, when ODOT, in its

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ODOT reserves the right to withdraw any or all items from award if it is in the best interest of ODOT.

Withdrawal of one or more Bid items will not affect the method of award.

Procurement Summary:

This procurement is being conducted under emergency procurement procedures in accordance with ORS 279C.320 and ORS 279B.080. Time periods are substantially shorter than typical Request for Bids in order to respond appropriately in the current emergency situation. This project is potentially eligible for federal reimbursement and as such is subject to all applicable federal-aid requirements, including federal-aid contracting requirements FHWA Form 1273.

Project Summary:

Project Scope: Emergency Guardrail removal and replacement of guardrail that was damaged by the Bench Fire along the Warm Springs Highway No. 53 (US26) in Jefferson County, OR. This work consists of replacing damaged guardrail and components located on Hwy 26 at MP 107.9-110.1 on the West side of the highway (Southbound shoulder). Damaged components may include up to 642 rails, 1313 steel post and 1313 Poly blocks and 4 end treatments. Damaged rail to be replaced will each be marked with a white painted “X”. Traffic control will not be provided. Vendor must provide their own traffic control Also see Attachment A, Exhibits A and I (Specifications and Material Cut Sheets and ODOT Standard Drawings) for additional Project information.

The work contemplated under an awarded contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all work in connection with the Project.

COMPLETION DATE: Completion: October 30, 2026.

Contractor Requirements

CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION REQUIREMENTS

Prospective Contractors must be licensed with the State of Oregon CCB prior to providing a bid for this project. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION.

All subcontractors participating in the Project must be similarly registered with the Construction Contractors Board before they commence in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

BOLI and PREVAILING WAGE REQUIREMENTS

The Contractor and all subcontractors, when the contract amount is more than $50,000, shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates (“PWR”) and the required public works bond.

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Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

This Request for Bids and the resulting Contract are subject to BOLI wage requirements and the prevailing wages rates set forth as of the date this RFB was first advertised, which while not physically attached, are available in the following in the weblinks and incorporated herein by reference with the same force and effect as though fully set forth herein:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

Because the project involves federal funds, this Contract is subject to federal Davis-Bacon Act requirements in addition to BOLI requirements. See Sample Contract Exhibit B.

The Work will take place in Jefferson County, BOLI Region 10.

Attachments & Exhibits as posted on OregonBuys:

Attachment A - Sample Contract Exhibit A – Specifications and Basis of Design Cutsheets.

Attachment C – Bid Pricing Form Exhibit G – Project Wage Rates

Exhibit H – FHWA Form 1273

Exhibit I – ODOT Standard Plans

Method of Award:

ODOT intends to issue a Contract as a result of this solicitation based on the following:

Offeror that submits the lowest price, so long as the bid complies with all requirements Offeror that submits the bid that best serves ODOT, considering price and other factors as described in ORS 279B.070(4) ODOT may negotiate with an offeror to clarify the bid or to effect modifications that will make the bid more advantageous to ODOT. (OAR 137-047-0270) https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

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BIDDER RESPONSIBILITY

Agency may reject an offer and rescind the Intent to Award notice if Bidder is not responsible pursuant to ORS 279B.110 or if Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

Responsibility Inquiry Form. The apparent successful Bidder shall provide a completed, accurate and signed Responsibility Inquiry form. The Responsibility Inquiry form is available at:

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Forms) and must be submitted via email.

Certification Regarding Debarment and other Responsibility Matters. The apparent successful Bidder shall provide to ODOT a signed Certification Regarding Debarment, Proposed Debarment, and Other Responsibility Matters form available on line at:

https://oregon.gov/ODOT/Business/Procurement/DocsPSK/CertFederal.pdf (ref. 48CFR 52.209-5).

GENERAL TERMS AND CONDITIONS FOR THIS RFB

Buy America and Cargo Preference. This is a Federally funded procurement subject to the following:

• Buy America Requirements (see provisions set forth in Sample Contract section 7.1.1)

• Cargo Preference Act Requirements (see provisions set forth in Sample Contract section 7.1.2)

• FHWA Form 1273 Required Contract Provisions for Federal Aid Construction Contracts (and other contracts that include Federal Aid funding). See provisions set forth in Sample Contract section 7.1.3.

By submission of a Bid, the Bidder certifies that Bidder (and its subcontractors, if any) will comply with the Federal provisions, as applicable, and that the goods offered under the Bid will comply with the above referenced Buy America and Cargo Preference requirements.

Rejection and RFB Cancellation or Delay In accordance with ORS 279B.100, ODOT may reject any or all Bids and may cancel or delay this RFB at any time if doing so would be in the public interest as determined by ODOT. ODOT may reject all Bids pursuant to the criteria set forth in OAR 137-047-0650. ODOT shall reject any or all Bids as required by OAR 137-047-0640. Notification of Bid rejection will be made in writing and sent to Bidder by email or hard copy.

Non-Discrimination by ODOT 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 Bidders that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit Bids in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

Non-Discrimination by Bidders Bidders may not discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or an emerging small business certified under https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://oregon.gov/ODOT/Business/Procurement/DocsPSK/CertFederal.pdf

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ORS 200.055. Violations may result in debarment, disqualification or breach of contract pursuant to

ORS 279A.110.

Bidders responding to this RFB do so solely at their expense ODOT is not responsible for any Bidder expenses associated with this RFB.

Recyclable Products If awarded an Agreement, Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the Agreement.

Awardee Requirements The following requirements apply only to the apparent successful Bidder. All items that must be provided to ODOT must be received by the Purchaser within 5 Business Days after ODOT’s issuance of intent to award notice (except as stated otherwise, or unless a different timeframe is agreed to by ODOT and Bidder):

Insurance Certificates. Selected Bidder(s) shall provide to ODOT certificates of insurance via e-mail for levels of insurance coverage shown in Exhibit C of the Sample Contract incorporated into this RFB.

Tax ID Number. The apparent successful Bidder(s) shall provide to ODOT their Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 Form if either of the following apply:

• ODOT requests a W-9 Form, or

• The backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any. No payment can be made until a properly completed W-9 is on file with ODOT. The W-9 Form is available at: https://www.irs.gov/pub/irs-pdf/fw9.pdf (submit page 1 only).

Business Registry Number/Registered Agent. The apparent successful Bidder must be duly authorized by the State of Oregon to transact business before executing the Agreement. Firms that contract with ODOT are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration.

• Oregon Business Registry – If requested by ODOT the apparent successful Bidder shall (unless the name of Bidder’s business includes the "real and true" name of each owner or the business is otherwise exempt under applicable laws) provide to ODOT a current Oregon Secretary of State business registry number if: a) Bidder is an Oregon business or has offices or employees located or conducting business in Oregon, or b) as a result of the prospective Agreement, Bidder will have offices or employees located, or conducting business, in Oregon. See process for obtaining a business registry number and guidance regarding exceptions (https://sos.oregon.gov/business/Pages/doing-business-means.aspx).

• Foreign Businesses – The apparent successful Bidder shall provide to ODOT a current business registry number for the state in which the business is located unless: a) the name of Bidder’s business includes the "real and true" name of each owner or the business is otherwise exempt under applicable laws or, b) Bidder is registered in Oregon and Bidder is submitting an Oregon business registry number.

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://sos.oregon.gov/business/Pages/doing-business-means.aspx

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• Registered Agent - All Corporations and other business entities (domestic and foreign) must have a registered agent in Oregon unless an exception applies. See requirements and exceptions regarding registered agents (https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx).

• For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules (https://sos.oregon.gov/business/pages/laws-rules.aspx). The titles in this subsection are available on the Secretary of State’s Business site:

https://sos.oregon.gov/business/Pages/default.aspx.

https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/laws-rules.aspx https://sos.oregon.gov/business/Pages/default.aspx

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BID SUBMITTAL FORM

Must be submitted with the bid.

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

Offeror Information

Offeror (COMPANY) Legal Name:

Offeror Address:

Contact Person name and title:

Email: Phone:

CCB# Expiration

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 RFB (including all Attachments and Addenda, if any) if awarded a Contract 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 business that a service-disabled veteran owns or an emerging small business certified under ORS 200.055.

Authorized Signature:

Title:

https://www.oregonlegislature.gov/bills_laws/ors/ors279a.html

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BID PRICING FORM (See Attachment C posted on OregonBuys)

Must be submitted with Bid

The Bidder proposes to furnish all material, equipment, and labor, and perform all work for ODOT, in strict accordance with the Scope of Work and Specifications. The quantities listed are estimated. Contractor will be paid based on actual, measured quantities based on the following prices:

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REFERENCES FORM

Must be submitted with the bid.

REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE: 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. References are not required to be submitted if the Bidder has performed work for ODOT in the past 3 years. ODOT reserves the right to request additional references from the Bidder.

Has Bidder performed work for ODOT in the past 3 years? Yes ___No___

Name of Firm:

Reference Contact Person:

Telephone: Fax: Email:

Alternate Reference Contact Person:

Telephone: Fax: Email:

Project Title:

Project Date: Project Location:

Project Description:

Telephone: Fax: Email:

Alternate Reference Contact Person:

Telephone: Fax: Email:

Project Title:

Project Date: Project Location:

Telephone: Fax: Email:

Alternate Reference Contact Person:

Telephone: Fax: Email:

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Project Title:

Project Date: Project Location:

INSTRUCTIONS TO OFFERORS

BID REQUIREMENTS

Bids must be received by the ODOT Purchaser listed on page 1, at the specified email, prior to the due date and time.

To submit a bid under this solicitation, the offeror must submit the following documents:

Bid Form

Bid Pricing Form

References Form with all required information AWARD REQUIREMENTS (for winning offeror only)

1. Prior to issuance of a Contract, the winning offeror must submit the following to the ODOT Purchaser:

• Certificates of Insurance for required insurance coverages as stated in Attachment C. Each offeror is encouraged to discuss insurance requirements with their agent prior to submitting a bid so any costs can be included in the price bid.

• Responsibility Inquiry Form:

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Forms section, Misc. Procurement Related Forms).

• Conflict of Interest (COI) Disclosure forms – IF REQUIRED. All ODOT contractors must comply with ODOT’s Conflict of Interest Guidelines which requires a form for any actual or potential conflict. See https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Forms section - Misc. Procurement Related Forms).

2. Additional requirements:

• Business Registry: The winning offeror must be duly authorized to transact business in the state of Oregon through registration of its assumed business name (if any) or corporation with the Secretary of State Corporations Division. ODOT may require the winning offeror to provide its registry information prior to issuing a Contract.

• W-9 Form: If the winning offeror has not received payments from ODOT before, the offeror will need to submit an IRS form W-9: https://www.irs.gov/pub/irs-pdf/fw9.pdf.

• Nonresident bidder Form. If the winning offeror is a nonresident bidder {as defined in ORS 279A.120(1)} and the contract amount exceeds $10,000, the offeror must report to the Department of Revenue a Non-Resident bidder Form prior to receiving final payment under the Contract.

https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.oregonlegislature.gov/bills_laws/ors/ors279a.html https://www.oregonlegislature.gov/bills_laws/ors/ors279a.html https://www.oregon.gov/DOR/forms/FormsPubs/nonresident-bidder_800-020.pdf