093-24 ITB with Attachments Klamath Pilling Retaining Wall REV2.pdf

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

State of Oregon

Invitation to Bid

KLAMATH HATCHERY

PILE FOUNDATION AND RETAINING

WALL Engineering Project No. 20-026

BID # S-63500-00010523

DEPARTMENT OF FISH AND WILDLIFE

Bid Due Date: June 27, 2024 (or as updated in OregonBuys)

Closing Time: 2:00 PM

Single Point of Contact: Jake Howard

Address: 4034 Fairview Industrial Drive SE

City, State, Zip: Salem, Oregon 97302

Phone (voice): 971-600-4697

E-mail: jake.e.howard@odfw.oregon.gov mailto:jake.e.howard@odfw.oregon.gov

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

Notes:

• This 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 for information regarding vendor registration and terminology used in OregonBuys platform.

• This document must be viewed electronically in order 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 may contact the Purchaser/SPC listed in the OregonBuys system for alternative formats and any reasonable accommodations that might be needed.

https://oregonbuys.gov/bso/

ITB S-63500-00010523 Klamath Hatchery Pile Footing And Retaining Wall Contracting Tracking #093-24

PROJECT SUMMARY

PROJECT DESCRIPTION

The purpose of this ITB is to establish a contract for the Klamath Hatchery Pile Foundation and Retaining Wall (“Project”) for the benefit of the Oregon Department of Fish and Wildlife (the “Contract”). The work contemplated under this Contract (the “Work”) includes all labor, materials, transportation, equipment, permits, and services for, and incidental to, the completion of all Work in connection with the project described in the Contract Documents.

Contractor shall provide all necessary expertise, labor, equipment, materials, incidentals, and permits required to complete the Project as more fully described in the Contract Documents, including:

• Construct concrete and soldier pile retaining walls,

• provide and install building foundation and interior piles and pile cap/grade beams indicated on plans,

• including clearing and grubbing, excavation, backfill, compaction, piles and installation, retaining wall drainage mat, and site restoration.

The Work to be performed under this Contract shall consist of furnishing tools, equipment, materials, supplies, and manufactured articles and for furnishing transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents.

PROJECT LOCATION:

The Work will take place in Klamath County, BOLI Region 11.

Project Site: Klamath Hatchery 46161 Hwy. 62 Chiloquin, Oregon 97624 Astoria, Oregon 97103

PROJECT COST ESTIMATE AND FUNDING: The following is a project estimate for bonding purposes: $700,000.00

FUNDING SOURCE: State funding

PROJECT COMPLETION DATES:

PROJECT START DATE: Within 7 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: No later than September 1, 2024

FINAL COMPLETION: No later than October 1, 2024

LIQUIDATED DAMAGES:

Liquidated damages of $500 per day will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (See also ITB Exhibit 5, Section 4).

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

SOLICITATION SCHEDULE

All dates listed are subject to change. All times listed in this ITB and OregonBuys are Pacific Time.

ACTIVITY SCHEDULE/DEADLINE

Mandatory Pre-Bid Conference See C.0.1 of ITB

Deadline for solicitation protests, requests for change, requests for clarification, requests for brand name/product substitutions, and questions

June 13, 2024, at 2:00 PM

Deadline for Bid Submittal June 27, 2024, at 2:00 PM

Public Opening Immediately after Bid Opening Date and time. (See Section C.12.2 for details on attending Public Opening)

Deadline for Award Protest 7 calendar days after issuance of the Notice of Intent to Award. See ITB section C.22

SECTION A - TABLE OF CONTENTS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS;

INSTRUCTIONS TO BIDDERS

SECTION D BID SECURITY REQUIREMENTS

SECTION E BUREAU OF LABOR AND INDUSTRIES (“BOLI”) PREVAILING WAGE RATE

REQUIREMENTS

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS

EXHIBIT 1 BIDDER INFORMATION AND CERTIFICATIONS FORM

EXHBIT 2 PRICING FORM

EXHIBIT 3 BID SECURITY FORM

EXHIBIT 4 FIRST-TIER SUBCONTRACTOR FORM

EXHIBIT 5 PERFORMANCE BOND FORM

EXHIBIT 6 PAYMENT BOND FORM

EXHIBIT 7 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 8 GENERAL CONDITIONS

EXHIBIT 9 RESERVED

EXHIBIT 10 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

EXHIBIT 11 INADVERTANT DISCOVERY PLAN FOR CULTURAL RESOURCES

EXBHIT 12 INSURANCE REQUIREMENTS

ATTACHMENT A TECHNICAL SPECIFICATIONS FOR THE KLAMATH HATCHERY PILE

FOUNDATION AND RETAINING WALL prepared by Daniel Cook, Project Engineer, March 20, 2024. Attachment A is found incorporated into the ITB document on OregonBuys.

ATTACHMENT B KLAMATH HATCHERY PILE FOUNDATION AND RETAINING WALL PLANS AND

DRAWINGS (Sheets 1-11, dated March 19, 2024). Attachment B is found incorporated into the ITB document on OregonBuys.

ATTACHMENT C ADDITIONAL INFORMATION. Klamath Hatchery Building February 6, 2023, Geotechnical Investigation 2. Project No.: 2231113 Chiloquin, Oregon.

Attachment C is found incorporated into the ITB document on OregonBuys.

SECTION B – DEFINITIONS

B.0 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.

B.0.1 "Addendum” (referred to as “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 OAR 137-049-0250. The plural form of “Addendum” is “Addenda.”

B.0.2 "Agency" means the Oregon Department of Fish and Wildlife (“ODFW”).

B.0.3 "Bid" (referred to as “Quote” in OregonBuys) means the Bidder’s written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

B.0.4 "Bidder" means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means "Offeror”.

B.0.5 "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.

B.0.6 "DAS" means the Oregon Department of Administrative Services, acting through its Enterprise Goods and Services Division, Procurement Services.

B.0.7 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.0.9 "Public Opening" means the date/time set to read the Bidder’s name and total cost of the Bid submittals.

B.0.10 “OregonBuys” means the on-line electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at: https://oregonbuys.gov/bso/

B.1.9 “Owner” means the State of Oregon acting by and through the Oregon Department of Fish and Wildlife.

B.0.13 “Signature” means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature’ under ORS Chapter 84.

B.0.14 "State" means the State of Oregon.

B.0.15 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type, or other method of impression, intend 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.

SECTION C – GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS;

INSTRUCTIONS TO BIDDERS

C.0 GENERAL BIDDING INFORMATION

C.0.1 MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held on June 6, 2024 at 1:00 PM (Pacific), located at Klamath Hatchery, 46161 Hwy. 62, Chiloquin, Oregon 97624. We will meet in the parking area next to the rearing ponds.

Any statements made at this conference will not change the Plans, Specifications, other Contract Documents, or other provisions/requirements of this ITB unless an Addendum has been issued from ODFW and advertised on the OregonBuys System.

BIDDERS ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID CONFERENCE, DIRECTLY OR

THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS WILL ONLY BE EVALUATED FROM BIDDERS

WHO REGISTERED AND ATTENDED THE MANDATORY PRE-BID CONFERENCE, AND ALL OTHER

BIDS WILL BE CONSIDERED NONRESPONSIVE.

C.0.2 SITE ACCESS: Additional site access will not be allowed.

C.0.3 POINT(S) OF CONTACT:

C.0.3.1 The Purchaser/SPC for questions regarding the ITB, forms, Specifications, Plans, bidding process, requests for changes and clarification, requests for brand approval, substitution requests, the award process, protests, and any other issues that may arise, is Jake E. Howard, OPBC, Grants/Contracts Specialist at (971) 600-6130 or email jake.e.howard@odfw.oregon.gov.

mailto:jake.e.howard@odfw.oregon.gov

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

C.1 OREGONBUYS/ITB DOCUMENT AVAILABILITY

C.1.1 REGISTRATION REQUIREMENT: Bidders must be registered in OregonBuys to do business with the State. Registration is free. To create a supplier account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see Supplier Resources: https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx.

Suppliers are responsible for ensuring that their supplier registration and information is current and correct in OregonBuys, including choosing any commodity or service codes associated with its business. ODFW shall not be responsible for defective registration or incorrect supplier information.

Suppliers shall contact support.oregonbuys@das.oregon.gov with any questions or supplier registration support.

CROSSWALK of TERMS

Terms used in OregonBuys

Definition

Amendment “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Bid Opening Date

“Closing” as defined in OAR 137-046-0110(6). In OregonBuys it is the date and time deadline for submitting Bids and other documents required by a Bid Solicitation, after which the “Opening” as defined in OAR 137-046-0110(22) will immediately occur.

Bid Solicitation Any form of solicitation. In this solicitation, an Invitation to Bid.

Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal amendment to an existing resulting contract that is made according to the change order process set forth in the contract.

Supplier or Vendor

Any form of business entity registered in OregonBuys. Only registered Suppliers are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

C.1.2 OBTAINING ITB DOCUMENTS: This ITB, any ITB attachments, and any Addenda and related notices (collectively the “Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. This ITB and 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 SPC identified in OregonBuys 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, 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 subsections; and https://oregonbuys.gov/bso mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso https://oregonbuys.gov/

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

• 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 assure that they have not missed any Addenda or other notices issued as “Amendments” in OregonBuys for this ITB.

C.2 SOLICITATION LAW, RULES, AND GENERAL CONDITIONS

This ITB and the resulting Contract shall be governed by and construed and enforced in accordance with the laws of State of Oregon without regard to principles of conflicts of law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes, and Divisions 46 and 49 of the Administrative Rules of the Oregon Department of Justice.

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 JUSTICE ADMINISTRATIVE RULES – (OAR Chapter 137, Divisions 46 and 49) Can be obtained online at:

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_tofc.html

C.2.3. In addition to the foregoing, this solicitation and the Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS ("General Conditions") dated January 1, 2012, incorporating revisions by the Oregon Department of Justice as of April 26, 2024, and incorporated herein by this reference in Exhibit 8.

C.2.4. 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 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.3 BRAND NAME USAGE

C.3.1 BRAND NAME: Any brand name listed in the specifications without an "or equal" "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the brand named is not mandated pursuant to a brand name exemption.

C.3.2 BRAND NAME "OR EQUAL": Any brand name listed in the specifications with an "or equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used during construction of the project as long as they are equal to or better than the product brand named, and the proposed product has been approved in writing by the Owner’s Authorized Representative prior to installation, and the brand named is not mandated pursuant to a brand name exemption.

The Owner’s Authorized Representative shall determine, in its sole discretion, whether a product offered is "or equal".

C.3.3 BRAND NAME "OR APPROVED EQUAL": Any brand name listed in the specifications with an "or approved equal" or an “or approved equivalent” designation shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the product has been pre-approved in writing during the bidding process detailed in Section C.5, and the brand named is not mandated pursuant to a brand name exemption.

https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_tofc.html

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

ODFW shall determine, in its sole discretion, whether a product offered is an "approved equal" or “approved equivalent.”

C.4 RESERVED

C.5 REQUEST FOR BRAND NAME; REQUEST FOR CLARIFICATION; REQUEST FOR CHANGE;

SOLICITATION PROTEST

C.5.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (a) requests for approval of an "or approved equal" or an "or approved equivalent"; (b) requests for clarification; (c) requests for changes to contractual terms or Specifications or Plans; and (d) formal submittal of protests of contractual terms, Specifications, or Plans. Any Bid response that includes nonapproved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed nonresponsive and may be rejected.

C.5.2 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS AND

SOLICITATION PROTESTS: Requests for brand approval, requests for clarification, requests for change, and protests of the ITB provisions shall be made in Writing and marked as follows:

Bid Request for:

Brand Approval/ /Request for Clarification/Request Change/Protest of ITB Provisions

ITB Number

Bid Opening Date and must be received via email by the appropriate point of contact as identified in Section C.0.3 and in OregonBuys by the date and time listed in the Solicitation Schedule Table in the Project Summary of this ITB. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change, or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.5.3 REQUEST FOR APPROVAL OF AN "APPROVED EQUAL" OR AN "APPROVED EQUIVALENT": Any brand name listed in the specifications with an "or approved equal" or an “or approved equivalent” designation shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

Requests shall be made in Writing and be submitted via email to the name of the Point of Contact under C.0.3 of the ITB document. To be considered, the request must be received by the deadline specified in C.5.2.

• Requests shall provide all the information necessary for the State to determine product acceptability, including and if applicable referencing the applicable Specification section;

• Failure to provide sufficient information with the request shall be cause for the request not to be considered as equivalent; and

• Any product subsequently approved for substitution shall be listed on an Addendum issued by ODFW and posted on OregonBuys.

C.5.4 REQUEST FOR CLARIFICATION: Any Bidder may request a clarification of any provision of the ITB. Bidders shall submit such request in Writing, via email to the SPC listed in Section C.0.3. To be considered, the request for clarification must be received by the Purchaser/SPC by the deadline specified in Section C.5.2.

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

C.5.5 REQUEST FOR CHANGES TO CONTRACTUAL TERMS, SPECIFICATIONS OR PLANS: Any Bidder may submit a request for changes to contractual terms, Plans, or Specifications, in Writing via email to the Purchaser/SPC listed in Section C.0.3. To be considered, the request for changes must be received by the Purchaser/SPC by the deadline specified in Section C.5.2. The request shall include a statement of the requested changes and the reason for the requested changes.

C.5.6 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS: Any Bidder may submit a protest of the contractual terms and conditions, Plans, or Specifications, in Writing via email to the Purchaser/SPC listed in Section C.0.3. To be considered, the protest must be received by the Purchaser/SPC by the deadline specified in Section C.5.2. The protest shall 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.5.7 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in Writing, as a "clarification," do not change Plans, Specifications, contractual terms, or procurement requirements of an ITB and is not binding on ODFW unless ODFW formally amends this ITB by Addendum.

C.5.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR CHANGE, AND PROTESTS:

Agency shall promptly respond to each properly submitted written request for brand approval, request for change, and protests. Where appropriate, Agency will issue ITB revisions via Addenda posted on the OregonBuys System. ODFW may also informally respond to Bidder questions.

HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS,

SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN

ONLY BE CHANGED VIA ADDENDA ISSUED BY ODFW AND POSTED ON THE OregonBuys SYSTEM.

ODFW may post question and answer documents on OregonBuys to respond to inquiries when Agency determines, in its sole discretion, the answers do not effect changes to this ITB.

C.6 REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE, AND PROTEST OF ADDENDA

Requests for clarification, requests for change, and protests of Addenda must be received by the time and date specified in the Addendum or they will not be considered. Agency will not consider requests or protests of matters not added or modified each specific Addendum.

C.7 BID FORMAT

Bidder must be a registered Supplier in OregonBuys (see Section C.0.4).

C.7.1 SIGNATURE REQUIRED: All Bid documents requiring Signature must be signed by an authorized representative of the Bidder. The Bid documents received by ODFW may contain “Electronic Signatures” within the meaning of ORS Chapter 84, and these “Electronic Signatures” shall bind the signing Party and are intended to be and can be relied upon by ODFW. ODFW reserves the right at any time to require the submission of the hard copy originals of any documents included in a Bid.

C.7.2 BID SUBMITTAL: Bids must be submitted through the OregonBuys system (submittals by any other means shall be rejected).

C.7.3 FORMS TO BE USED: Required information shall be submitted on the forms specified in the ITB.

Any information a Bidder submits that is not required to be included on forms prescribed by ODFW shall be formatted in the manner called for in this ITB and submitted on Bidder’s letterhead.

C.7.4 INFORMATION TO BE SUBMITTED WITH THE BID: Bidder shall complete and submit via OregonBuys the items identified in this section, in accordance with all instructions in this ITB, or the Bid shall be found to be nonresponsive and rejected.

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24

The following must be submitted via OregonBuys by the Bid Opening Date:

➢ Bidder Information and Certifications Form, Exhibit 1,

➢ Pricing Form, Exhibit 2,

➢ Bid Security Requirements as per Section D and Exhibit 3.

The following shall be submitted via OregonBuys with the Bid submission or via email to the SPC within two (2) working hours after the Bid Opening Date, as more particularly described in Section C.12.3:

➢ First-Tier Subcontractor Disclosure Form, Exhibit 4

C.7.5 TRADE SECRETS:

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under Oregon Revised Statutes (“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 192.513, 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 Bidders 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.8 BID SUBMISSION

C.8.1 ELECTRONIC FILE VIA OREGONBUYS: Bids must be submitted in an electronic file via OregonBuys (unless a bid-specific alternative has been approved by the SPC) no later than the Bid Opening Date specified in OregonBuys for this ITB. Submittals by any other means shall be rejected unless a bid specific alternative has been approved by the SPC. To ensure proper identification and handling, electronic files/attachments shall be clearly identified with the OregonBuys Bid Number.

Agency will use the time stamp on the submittal through OregonBuys to determine timeliness. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB.

ODFW shall not be responsible for and will not accept late or misdelivered Bids, protests, or other submittals. ODFW is not and shall not be held responsible for failure of OregonBuys or any electronic mail system that interferes with the ability of Bidders to submit Electronic Submittals, to protest, or to otherwise participate in the ITB process. ODFW shall not be responsible for the proper handling of any Bid not properly identified, marked, and submitted in a timely manner.

C.8.2 NUMBER OF COPIES; SIGNATURE REQUIRED: Bidders shall submit only one (1) complete Bidder Information and Certification Form and one (1) complete Pricing Form. Both Forms must bear an original Signature. Failure to submit both forms bearing original Signatures may result in rejection of the Bid.

C.8.3. For information on how to submit an electronic response to an opportunity, please visit:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicit ation%20Response.pdf

C.9 ELECTRONIC BID PROVISIONS

Bidders shall make reasonable efforts to minimize the file size of attachments, so the total submittal does not exceed 5 megabytes. ODFW reserves the right to reject any Bid that is unreadable.

ODFW reserves the right to request that the apparent successful Bidder promptly submit its complete original signed Bid to ODFW, to confirm the apparent successful Bidder’s Bid submitted through OregonBuys.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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In the event of a failure of the State’s Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to submit a protest, or to otherwise participate in the procurement, ODFW may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing the extension immediately after the Electronic Procurement System or email system becomes available.

By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with ODFW that any Signature, and other forms of authorized representative certification, showing on documents and submitted via OregonBuys or email is an “Electronic Signature” under ORS Chapter 84, bind the signing party, and are intended to be and can be relied upon by the parties.

C.10 BID MODIFICATION PRIOR TO THE BID OPENING DATE

Modifications made after Bid submission must be uploaded in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Modifications made after Bid submission shall be prepared on Bidder’s letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Bid. Failure to comply with the provisions of this paragraph of Section C.10 will result in Bid rejection.

Nothing in Section C.10 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, the Specifications, or the Plans attached to the Bid documents.

Bidders may not modify Bids after the Bid Opening Date.

C.11 BIDDER WITHDRAWALS 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 Closing/”Bid Opening Date” and time specified in OregonBuys for this

ITB.

C.12 BIDS RECEIVED; BID OPENING; FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

SUBMITTAL

C.12.1 BIDS RECEIVED: Bids must be received in accordance with all instructions in this ITB prior to the Bid Opening Date specified in OregonBuys for this ITB. Bids received after the Bid Opening Date, or as may be extended by any subsequently issued Addendum, will not be considered for award.

C.12.2 PUBLIC OPENING: The public Opening will occur immediately following the 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.

ODFW will hold the public Opening through electronic means. Interested parties may attend the public Opening for this solicitation electronically as follows (It is attendee’s choice to use video or audio only.):

A Microsoft Teams meeting will be held at 2:00 PM for the Bid Opening following the specific time included in the Bid Opening Date. Be sure to have MS Teams access available on your computer or mobile phone and follow the following link:

Join on your computer, mobile app, or room device.

Join on line here: Click here to join the meeting

Or call in (audio only): +1 503-446-4951,485327960# United States, Portland Phone Conference ID: 485 327 960# https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWI2MDgxYjYtODU2OS00ZDMzLWI0ZWMtNDg0MGU5Yjg2MmIx%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22bf053dd9-6b73-4ef7-a5b7-dcbc926fc86d%22%7d tel:+15034464951,,485327960#

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C.12.3 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM: First-Tier Subcontractor Disclosure forms not included in the Bid Submission must be returned via email to the SPC within two working hours after the Bid Opening Date. Failure to comply with this First-Tier Subcontractor Disclosure requirement will result in rejection of the Bid as nonresponsive.

C.13 PRELIMINARY BID RESULTS

Prior to the Notice of Intent to Award, ODFW may post preliminary bid results on the OregonBuys System. Such postings may not be correct and are not final.

C.14 TIME FOR BID ACCEPTANCE

A Bidder’s Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than one-hundred twenty (120) calendar days from the Bid Opening Date.

C.15 EXTENSION OF TIME FOR BID ACCEPTANCE

ODFW may request, orally or in Writing, that Bidder extend, in Writing, the time during which ODFW may consider their Bids. If a Bidder agrees to such extension, the Bidder shall continue as a firm Bid, irrevocable, valid, and binding on the Bidder for the agreed upon extension period.

C.16 METHOD OF AWARD

Provided ODFW 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 total of the lowest responsive base bid and any alternates selected for award. ODFW reserves the right to withdraw any item from award consideration if it is in the best interest of the State to do so.

C.17 BID EVALUATION

Bids will be evaluated to identify the lowest responsive Bid submitted by a responsible Bidder and not otherwise disqualified. (Refer to OAR 137-049-0390) 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.

C.17.1. BID EVALUATION CRITERIA: Invitations to Bid may solicit lump sum Bids, unit price Bids, or a combination of the two. Bids are calculated as follows:

C.17.1.1. LUMP SUM: If the ITB requires a lump sum Bid, without additive or deductive alternates, or if ODFW elects not to award additive or deductive alternates, Bids will be compared on the basis of 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 must be calculated by adding to or deducting from the base Bid those alternates selected by ODFW, for the purpose of comparing Bids.

C.17.1.2 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 ODFW, for the purpose of comparing Bids. ODFW 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).)

C.17.2 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. In making such evaluation, ODFW may waive minor informalities as described in OAR 137-049-0350, and OFDW may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

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As a particular matter of responsiveness Bidder shall not make the Bid contingent upon ODFW’s acceptance of Specifications, Plans, or Contract terms that conflict with or are in addition to those advertised in this ITB.

C.17.3 RESPONSIBILITY: Prior to award of a Contract, ODFW 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, ODFW may investigate Bidder and request information in addition to that already required in the ITB, when ODFW, in its sole discretion, considers it necessary or advisable.

ODFW 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 ODFW to obtain any information ODFW deems necessary to conduct the evaluation.

Failure to promptly provide this information shall result in Bid rejection. ODFW may postpone the award of the Contract after announcement of the apparent successful Bidder in order 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.

C.17.4 RECIPROCAL PREFERENCE: In determining the lowest Responsive Bid, ODFW will, in accordance with OAR 137-046-0310, add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides.

C.18 PROCESSING OF BIDS

Neither the release of a Bid Security, nor acknowledgment that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of notice intent to award, or otherwise), shall operate as a representation by ODFW that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.19 WITHDRAWAL BY ODFW OF BID ITEMS PRIOR TO AWARD

ODFW reserves the right to delete Bid items. The deletion of one or more Bid items will not affect the method of award.

C.20 REJECTION OF BIDS

C.20.1 REJECTION OF ALL BIDS: ODFW may reject all Bids for good cause upon its finding that it is in the public interest to do so.

C.20.2 LIQUIDATED AND DELINQUENT DEBT: ODFW 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.

C.20.3 REJECTION OF PARTICULAR BIDS: ODFW may reject a particular Bid for any of the reasons listed under OAR 137-049-0440.

C.21 NOTICE OF INTENT TO AWARD

ODFW reserves the right to announce its intent to award prior to formal Contract award by letter posted on the OregonBuys System ("Notice of Intent to Award"), pursuant to ORS 279C.375. The Notice of Intent to Award shall serve as notice to all Bidders that ODFW intends to make an award.

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C.22 PROTEST OF INTENT TO AWARD

Adversely affected or aggrieved Bidders shall have seven (7) calendar days from the date of the Notice of Intent to Award within which to submit in Writing a protest to the Purchaser/SPC. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

C.22.1 In order to be an adversely affected or aggrieved Bidder, the Bidder must claim to be eligible for award of the Contract as the responsible Bidder submitting the lowest responsive Bid and that any and all lower Bidders are ineligible to receive Contract award.

C.22.2 An actual Bidder who is adversely affected or aggrieved by the award of the Contract to another Bidder may protest award, in Writing, within the timeline established. The written protest shall state the grounds upon which the protest is based. No protest of award shall be considered after the deadline.

C.23 RESPONSE TO INTENT TO AWARD PROTESTS

ODFW will respond in writing to intent to award protests submitted by adversely affected or aggrieved Bidders. ODFW may also respond to intent to award protests submitted by other Bidders for purposes of clarification. However, any response provided by ODFW is not intended to, and shall not in and of itself constitute, confirmation that the Bidder is, in fact, adversely affected or aggrieved, and therefore entitled to protest an intent to award, or that the protest was timely filed.

C.24 AWARD

After expiration of the intent to award protest period specified in C.22, and resolution of all protests, ODFW will proceed with final award. If ODFW receives only one Bid, ODFW may dispense with the intent to award protest period and proceed with award of a Contract.

C.25 COMMENCEMENT OF WORK

Contractor shall not commence Work under the Contract until the Notice to Proceed has been issued.

C.26 REVIEW OF AWARDED BID FILES

Awarded Bid files are public records and available for review at ODFW by appointment during regular business hours (Monday through Friday) or through other parallel arrangements, and as otherwise prescribed by applicable legal requirements.

C.27 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER

C.27.1 INSURANCE: The apparent successful Bidder shall provide all required proofs of insurance to ODFW within 10 calendar days of notification of intent to award. Failure to present the required documents within the required time period may result in Bid rejection and forfeiture of Bid Security under Section D, below. Bidders are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Exhibit 12 prior to Bid submission.

Bidders must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to State that are allowed to provide such insurance under Oregon law. Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to do an insurance business in the state of Oregon, and certain non-admitted surplus lines insurers that satisfy the requirements of applicable Oregon law and are approved by ODFW. ODFW’s approval will be based on its assessment of the non-admitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

C.27.2 PERFORMANCE BOND and PAYMENT BOND: The successful Bidder shall be required to furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded

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Contract, executed in favor of the State of Oregon, to ensure faithful performance of the Contract and payment for services, materials, and goods.

NOTE: THE AGENCY PROVIDED PERFORMANCE AND PAYMENT BONDS ARE THE FORMS

APPROVED AND REQUIRED TO BE USED FOR THIS ITB.

The State of Oregon Performance Bond and Payment Bond form are Exhibit 7 and Exhibit 8, respectively.

The apparent successful Bidder shall provide all required bonding to the SPC within 10 calendar days of notification of award. Failure to present the required documents within the time period required may be grounds for award disqualification and forfeiture of the Bid Bond.

C.27.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Bidder, if a Joint Venture/Partnership shall submit to Agency within ten (10) calendar days of Notice of Intent to Award 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 venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

C.27.4 CERTIFICATE OF PAY EQUITY TRAINING: Prior to execution of the Contract, the apparent successful Bidder must submit to Agency within 10 calendar days of notification of intent to award, a true and correct copy of an unexpired certificate, issued to the Bidder by the Oregon Department of Administrative Services under ORS 279A.167. This requirement applies only to Bidders that employ 50 or more fulltime workers and only if the Contract has an estimated contract price that exceeds $500,000.

C.27.5 TAX ID NUMBER: The apparent successful Bidder shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by Contracting Agency, or

• When the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any.

• The W-9 form is available from the Internet at: http://www.irs.gov/pub/irs-pdf/fw9.pdf. No payment can be made until a properly completed W-9 is on file with Agency.

C.27.6 BUSINESS REGISTRY NUMBER/REGISTERED AGENT: If selected for Contract award, Bidder must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Firms that contract with ODFW are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization, and registration. The apparent successful Bidder shall (unless Bidder is an individual operating as the individual’s real and true name or otherwise exempt under applicable laws) submit a current Oregon Secretary of State business registry number. See process for obtaining a business registry number (https://sos.oregon.gov/business/Pages/register.aspx). All Corporations and other business entities (domestic and foreign) must have a registered agent in Oregon. 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.

C.27.7 EXECUTION OF AGREEMENT FORM: Once all items required under this Section C.27 have been received from the apparent successful Bidder and accepted by Agency, Agency will finalize and email the Public Improvement Agreement Form (see Exhibit 6) to the Bidder, which the Bidder shall sign http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.irs.gov/pub/irs-pdf/fw9.pdf https://sos.oregon.gov/business/Pages/register.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

ITB S-63500-00010523 Klamath Hatchery Pile Foundation And Retaining Wall Contracting Tracking #093-24 and return in Writing (hard copy or by email, as directed by SPC) and within the timeline designated by SPC. Agency will then sign the Public Improvement Agreement Form and email a fully executed copy of it to the Bidder.

Should apparent successful Bidder, working in good faith, be unable to comply with the timeframes set forth in this Section, apparent successful 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 Agency, in its sole discretion, may allow.

In the event that apparent successful Bidder fails to timely provide the information required or execute the Public Improvement Agreement Form in accordance with this Section C.27, Bidder’s Bid Security will be forfeited as set forth in Section D.5.

SECTION D - BID SECURITY REQUIREMENTS

D.1 Each Bid must be accompanied by a fully executed certified or cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond, payable to the

Oregon Department of Fish and Wildlife in an amount equal to ten percent (10%) of the total amount of the Bid (“Bid Security”).

D.2 If Bid Security is furnished by means of a Bid Bond, The State of Oregon Bid Security Form, provided as Exhibit 3, is the required form to be used for this ITB and submitted via upload in

OregonBuys.

D.3 Upon request or demand by Agency, Bidder must immediately furnish the original of any Bid

Security submitted via electronic means to the SPC.

D.4 Forfeiture of Bid Bond: A Bidder who is awarded a contract and who fails to promptly and properly to 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 times specified in C.27, 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.5 Return of Bid Security.

D.5.1. Agency shall return the Bid Security of the successful Bidder to the Bidder after the Bidder:

(a) executes the public improvement 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 C.27.

D.5.2. Agency may return the Bid Security of unsuccessful Bidders after the Bids have been opened and the contract has been awarded.

SECTION E - BOLI PREVAILING WAGE RATE REQUIREMENTS

The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates, as outlined in Sections C.1, C.2 and G.2.3 of the General Conditions.

E.1. PUBLIC WORKS BOND. 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.