25_032BusStopIMP_Final_Posted.pdf

SALEM AREA MASS TRANSIT DISTRICT

INFORMATION TO BID

ITB 25-032

BUS STOP IMPROVEMENTS PROJECT

1. The Salem Area Mass Transit District (SAMTD) seeks Bids from qualified firms to provide the Bus Stop Improvement Project to upgrade twelve locations and bring them up to ADA compliance as described in Section 2 of this Information to Bid (ITB).

2. SAMTD utilizes the State of Oregon’s e-procurement system OregonBuys.

Bidders are asked to register online at https://oregonbuys.gov. In the event solicitation addenda are issued only registered Bidders will be notified via email of the availability of addenda for download. Acknowledgement of addenda will be required for bids to be considered responsive.

3. All communications, including any requests for clarification, additional information, questions about the scope of work, final contract or anything else concerning this ITB must be addressed in writing to procurement@cherriots.org at the date and time provided in the procurement schedule. Failure to follow this requirement may result in

SAMTD determining the bid to be non-responsive.

https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml

SALEM AREA MASS TRANSIT DISTRICT (SAMTD)

ITB 25-032

Bus Stop Improvement Project

Instructions to Bidders

Contents

Part 1 – Introduction 2

Part 2 – Scope of Work 3

Part 3 – Submission Guidelines 15

Part 4 – Bid Evaluation 18

Part 5 – Special Terms and Conditions 21

Part 6 – Confidentiality 25

Part 7 – Bidder Checklist 26

Included as separate attachments

Appendix A1 – General Terms and Conditions

Appendix B1 – Sample Contract

Appendix C1 – Federal Terms and Conditions

Appendix D1- Bus Stop Drawings

Exhibit #1 –Bid Form

Exhibit #2 –Non-Collusion Affidavit

Exhibit #3 –Organizational Conflict of Interest

Exhibit #4 - DBE Determination of Good Faith Effort

Exhibit #5 - Contractor’s Representations & Warranties Certification

Exhibit #6 - Federal Debarment & Suspension Certificate

Exhibit #7 - Certification Regarding Lobbying

Exhibit #8 – Buy America Certification

Exhibit #9 – Bid Tabulation Form (Attached Separately as an EXCEL File)

Exhibit #10- First-Tier Subcontractor Disclosure Form

Exhibit #11- CCB Registration Requirements & Joint Venture-Partnerships

Exhibit #12- Responsibility Inquiry/Contractor References

Exhibit #13- State of Oregon Performance Bond Form

Exhibit #14- State of Oregon Payment Bond Form

Exhibit #15- Certification of Compliance with Non-Discrimination Laws

Part 1 – Introduction

1.A Salem Area Mass Transit District

SALEM AREA MASS TRANSIT DISTRICT (“SAMTD” or “Cherriots”) is a public transportation SAMTD operating fixed-route transit and paratransit service within the urban growth boundary of Salem and Keizer, and regional express service between communities in Marion, Polk, and Linn counties. Other SAMTD services include Cherriots Shop and Ride, travel training and rideshare (Cherriots Commuter

Options) including carpool and vanpool matching.

SAMTD operates 72 Cherriots local buses, 43 Cherriots LIFT (paratransit service), 14

Cherriots Regional express buses and 4 Cherriots Shop and Ride buses (shopper shuttle and dial-a-ride). In addition, Cherriots Route 1X is a commuter service that connects Salem with Wilsonville and the Portland Metro area to the North. SAMTD also manages ride share services called Cherriots Commuter Options.

SAMTD Locations:

Administrative Office

The Cherriots General Manager, Communication, Finance, and Human Resources

Departments are located at:

555 Court St NE, Suite 5230, Salem, OR 97301.

Operations, Contracted Services, and Maintenance

The Transportation, Maintenance, and Planning and Development Departments are located at the Del Webb Operations Headquarters. The Del Webb facility also includes the parking area for buses not in service:

3140 Del Webb Ave NE, Salem, OR 97301.

Project Location

Keizer Transit Center

5860 Keizer Station Blvd., NE

Keizer, OR 97303

Additional information about SAMTD can be found at www.cherriots.org

Bidders are required to adhere to the terms and conditions of the solicitation packet. SAMTD may not negotiate any aspect of the required service or Contract once the Notice of Intent to Award is issued. SAMTD will not make any concessions for Bidders who are not completely familiar with the scope or Contract requirements.

All submittals become the property of SAMTD and are subject to public disclosure after award.

Equal Opportunity: Small, minority, veteran, women-owned, and Disadvantaged

Business Enterprises (DBE), as defined by 49 CFR Part 26, are encouraged to submit

Bids in response to this solicitation. SAMTD ensures non-discrimination in the award and administration of all Contracts, creates a level playing field where businesses can compete fairly, and removes barriers to participation in our contracts.

End of Part 1 - Introduction

Part 2 – Scope of Work

2.A Background

SAMTD seeks to award one Bidder to complete ADA upgrades to 12 locations. This project is funded in part by FTA funds and Federal Terms and Conditions will apply to the resultant contract for construction services.

The Bidder will be required to partner with Mott MacDonald under a current

SAMTD contract for Project Management Services. Mott MacDonald will be the

Project Manager and oversight for the Construction implementation for 12 ADA Bus

Stops. Bidder to review Appendices D1 for Bus Stop Drawing.

There are multiple stops throughout the Cherriots service area that have existed for many years that are not ADA accessible. Over the past few years, Cherriots has worked to apply for funding to improve these stops and to provide a safer and more accessible transit system. This project adds to the number of improvements already completed, which means that Cherriots will become increasingly accessible to the community of people using mobility devices and with other disabilities that may otherwise prevent them from using Cherriots bus services.

2.A.1 ADA Bus Stops (12) Activities/Deliverables and Locations

Bidder Activities

1. Temporary Traffic Control and Erosion

Control Measures

2. Demo, Removals, Excavation & Prep

3. Form & Place Concrete Sidewalk

4. Permanent Signs and Restoration

Bus Stop Locations:

Manzanita St NE/14th Ave NE (Bus Stop ID

1117) Manzanita St NE/Trail Ave NE (Bus Stop ID

1560) Portland Rd NE/Hayesville Dr NE (Bus Stop ID

375) Summer St NE/Madison St NE (Bus Stop ID

443)

Market St NE/Capitol St NE (Bus Stop ID 981)

State St /12th St SE (Bus Stop ID 708)

Liberty St SE/Kearney ST SE (Bus Stop ID 11)

Commercial St SE/Owens St SE (Bus Stop ID

1765) 13th St SE/McGilchrist St SE (Bus Stop ID 659) Commercial St SE/Barnes St SE (Bus Stop ID

540) Fairway Ave/Lexington Cir SE (Bus Stop ID

545) Pennsylvania Ave SE/47th Pl SE (Bus Stop ID

869)

Bidder Required:

To build ADA improvements for 12 bus stops within the Cherriots service area for

Local fixed routes.

2.B – Compliance and Standards

All work must be completed in accordance with applicable federal, state, and local standards to ensure safe, reliable, and code-compliant installation.

2.B.1 Requirements:

2.B.1.2 Construction Codes: (All work must comply with):

All applicable municipal ordinances and federal construction standards shall apply.

Construction of ADA improvements as indicated on the approved engineering drawings. Bidder must comply with any such code, for example Oregon Structural

Specialty Code

Salem Area Mass Transit District (SAMTD) - Bus Stop Improvements Project (Project) in Salem, Oregon. FTA and SAMTD have a written understanding that the Project will construct various bus stop improvements at existing bus stop locations throughout the SAMTD service area in Salem. The Project would bring the existing bus stops up to Americans with Disabilities Act (ADA) standards through minor concrete flat work. All Project construction locations are either in the public right-of-way, or on previously developed adjacent private property. At Project locations where encroachment onto adjacent private property would occur, easements from the property owners would be obtained prior to construction. None of the Project improvements would affect historic properties or exceed approximately 6 inches of ground excavation into previously disturbed soils.

2.B.1.3 OSHA and Safety Compliance:

Bidders must comply with Oregon OSHA safety regulations, including:

Use of proper Personal Protective Equipment (PPE)

High-visibility clothing at all times while on-site.

2. B.1.4 Workforce Qualifications:

All personnel conducting electrical or structural work must be properly licensed and qualified under Oregon regulations. Bidders must include credentials and licensing information for key personnel and any subcontractors.

2.B.1.5 Inspections and Quality Assurance Plan:

Bidders must include an internal quality assurance and inspection plan in their response. This plan must be outlined:

a. Key Internal Inspections milestones and scheduled dates.

b. How Bidder will document and maintain the quality assurance plan is met and project to remain on schedule. Weekly documentation will be maintained and shared with Mott MacDonald and SAMTD Project

Adviser.

c. Bidders shall develop any needed protocols for issue identification and resolution throughout the project.

2.B.1.6 Coordination with SAMTD Staff and Mott MacDonald:

Bidder shall report to the SAMTD Project Adviser and Mott MacDonald the week prior to any work commencing.

a. Bidders must provide at least 48 hours’ notice before initiating any work that may impact SAMTD operations. Any work affecting bus movement or access must be pre-approved and coordinated with

SAMTD staff.

The Bidder shall coordinate daily with SAMTD staff to avoid project delays during construction. The Bidder is responsible for conducting internal inspections at key project phases milestones to ensure work complies with ADA Bus Stop Drawings and specifications. The Bidder shall provide transparent communication and progress updates, responding promptly to issues or changes as identified by

Bidder, SAMTD or other stakeholders.

All work must be done in a professional, timely, and safety-conscious manner in accordance with the Scope of Work and all applicable regulations.

Weekly coordination meetings shall occur before work begins each Monday

(between 6:15–6:30 AM), where SAMTD will review and approve the day's plan. Any deviations from the weekly schedule must be discussed and approved during this meeting. Meeting attendees will be SAMTD Project Adviser, Mott MacDonald and

Bidder.

2.D.1 Project Kick-off with Mott MacDonald

The project kick-off, team meeting, reviewing the project schedule for the construction portion of the project, discussing Operational and Safety Plans, reviewing all project phases and adjusting the project schedule as needed. This is an opportunity for Bidder’s project team to align with Mott MacDonald and the

SAMTD Project Adviser regarding project requirements, budget, approach, and schedule.

Key tasks associated with this first phase include:

1. Conducting an on-site project kick-off meeting.

2. Confirming Bidder’s understanding of project deliverables and schedule

3. Identifying any potential project risks or schedule issues due to permits or weather.

4. Discussing and agreeing on a preliminary project schedule, and project resources required to execute each phase as teams and resources may shift during the project.

5. Reviewing roles and responsibilities for Bidder and SAMTD resources.

6. Bidder will develop a mutually acceptable plan and schedule for the work to be completed and identify the resources and timeframe required for the efforts. SAMTD will require weekly updated schedules throughout the implementation until project completion documents have been received.

2.D.2 Project Phases

Phase 1: Kick-Off Meeting

Bidder’s

Responsibilities

1. Conduct kick-off meeting

2. Conduct orientation session

3. Develop and maintain the project schedule

SAMTD Responsibilities

1. Ensure all appropriate stakeholders attend the kick-off and orientation

2. Schedule the kick-off and orientation and provide meeting facility

3. Provide input for the project schedule

4. Identify key stakeholders

Deliverables

1. Delivery of kick-off meeting and orientation

2. Project Schedule

Phase 2: Architectural and Engineering

1. Site Survey

2. Permitting and Code

Compliance Review

3. Review Drawings

1. Ensure all appropriate stakeholders attend the review meeting.

2. Provide input for the final compliance and permitting meeting.

1. Final documents for ADA Bus Stop and Drawings.

Phase 3: Construction

1. Site Survey

2. Final project schedule required for construction

1. Identify key stakeholders to review and maintain the integrity of the construction phase.

1. Construction schedule

Phase 4: Completion Phase

1. Report to SAMTD

Project Adviser Mott

MacDonald project completion and close out meeting.

1. Review and agree project complete

1. Final sign off for project completion.

2.D.3 Bidder Deliverables

The Bidder shall develop the list of deliverables below and by the due date listed in the schedule. Any changes to a deliverable or the delivery schedule must be changed through a written request to SAMTD Project Adviser and Mott MacDonald must be amended in the contract by Procurement.

2.D.3.2 Deliverable Table and Due Date

2.D.4 Deliverable Payments

The work performed under the resulting Contract to this solicitation must include all labor, materials, transportation, equipment, permits, and services for and incidental to the completion of all construction work in connection with the ADA Bus Stop Construction project including.

2.D.4.1 Key Construction Project Dates and Compensation:

Deliverable Due Date

● Construction Phase: Locations

TBD

● DBE and Subcontract Payments Condition of Final Payment

● Certified Payrolls Condition of each Invoice Payments

1. Estimated Contract Start Date is 14 calendar days from issuance of Notice to

Proceed.

2. Project Construction Completion: TBD in contract.

3. Contract Maintenance Term: Maintenance to begin after acceptance of the

Construction Phase.

4. Contract Term: SAMTD will award one (1) contract for a term of two (2) years with one (1) additional term for a maximum term of three years. Additional terms will be dependent on Bidder performance rating and completion of project (see Section

2.C).

2.E Bidder Performance Reviews To ensure accountability and adherence to project standards, SAMTD will evaluate Bidder performance based on the following criteria.

Evaluations will be based on a 0-4 scale with 0 being poor and 4 being consistently exceeded.

2.E.1 Performance Rating Criteria: Bidder performance will be evaluated through the term of the contract. The below describes the expectations of SMATD.

A. Communication

Communicate regularly and openly with staff assigned to projects. This can be done face to face, via phone conferences, one-to-one, or group meetings. Project

Managers or Inspectors are visible and available when needed. Answers emails and phone calls in a timely manner. Provides timely follow-up. Verbal and written communication is concise and easy to understand for individuals not on project teams.

B. Quality and Timeliness of Deliverables

Completed reports accurately represent Work Order, follow milestones, and meet or exceed proposed deadlines. Deliverables are timely and are customized based on SAMTD’s specifications. The Bidder has a quality assurance process in place to reduce errors and ensure accuracy of information.

C. Interpersonal Skills with SAMTD Staff

Effectively coordinates and cooperates in development, implementation, process, and programs. Actively engages stakeholders in project completion and administration.

Collaborates with all stakeholders and is conscious of how workflows intersect. Respectful of SAMTD’s culture, mission, vision, and values. Seeking feedback to improve relationships and improve stakeholder commitment towards quality deliverables.

D. Mott MacDonald Project Manager Interaction and Relationships

Cooperates with Project Manager while being mindful of SAMTD’s requirements. Assertive with SAMTD’s needs and requirements while being respectful. Represents SAMTDS appropriately at meetings and discussions.

End of Part 2 - Scope of Work

Part 3 – Bid Submission Guidelines

3. A SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. SAMTD may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

3.A.1 Pre-Bid Conference Requirement

The pre-bid conference will be held virtually via Google Meet at the date and time provided in the Event Schedule (see section 3.B.1).

Bus Stop Improvement Project

Wednesday, October 15 · 10:00 – 11:00am

Time zone: America/Los_Angeles

Google Meet joining info

Video call link: https://meet.google.com/kdn-ebph-zaa

Or dial: #444 560 204PIN: 9472-775-(US) +1 609

More phone numbers: https://tel.meet/kdn-ebph-zaa?pin=3851426397403

3.B.1 Table of Events

Dates preceded by an asterisk (*) are estimated dates and provided for information only. Estimated dates may change after Bid submission and not be part of any addenda.

EVENT DATE TIME (Pacific Time)

Pre-Bid Conference Virtual Call 10/15 10:00 am-11:00 am

Questions and Clarifications Due 10/20 3:00 pm

Answers to Questions and Clarifications

Due (approximate)

10/22 3:00 pm

Closing (Due Date and time to submit

Bids )

10/24/2025 3:00 pm

*Notice of Intent to Award

(approximate)

10/27/2025

Notice of Intent to Award Protest Ends 7 days from Notice of

Intent to Award

*Contract Execution (approximate) 11/10/2025

3.B.2 SAMTD Business Operating Hours are:

Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and

State approved closures, including those for inclement weather.

3.B.3 DEFINITIONS OF TERMS

DEFINITIONS: the following definitions apply to this ITB and the resulting Contract.

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 Offerors in accordance with OAR 125-249-0250(2). The plural form of “Addendum” is

“Addenda.”

2. "Agency" means the Salem Area Mass Transit Division.

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

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

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.

6. "DAS" means the Oregon Department of Administrative Services.

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

8. "Opening" means the date/time set to read the Bid submittals.

9. OregonBuys means the on-line electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at:

https://oregonbuys.gov/bso/

10. “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.

11. "State" means the State of Oregon.

12. “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.

3. C Bid Process

To be considered responsive and responsible, the Bidder and any subcontractor(s) identified in the Bid must meet the following minimum qualifications at the time of Bid submission. These requirements ensure the Bidder has the appropriate legal authority, technical competence, and financial and regulatory standing to successfully perform the scope of work.

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, (SAMTD) may waive minor informalities and irregularities.

As a particular matter of responsiveness Bidder shall not make the Bid contingent upon

(SAMTD)’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB.

Responsibility: Prior to award of a Contract, (SAMTD) will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS

279C.375(3) and OAR 125-249-0390. In doing so, (SAMTD) may investigate Bidder and request information in addition to that already required in the ITB, when (SAMTD), in its sole discretion, considers it necessary or advisable.

Documentation verifying these qualifications must be provided upon request or as required by SAMTD during the procurement process.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

3.C.1 Minimum Requirements: (Pass/Fail)

1. Hold a current and active Electrical Contractor license under Oregon Administrative

Rule (OAR) 918-828-000, allowing for the performance and supervision of electrical work specified in the Scope of Work.

2. Hold a current and active Oregon Construction Contractors Board (CCB) license as required by Oregon Revised Statutes (ORS) 701.

3. Be registered with the Oregon Secretary of State and maintain all other required local, municipal, or government-issued business licenses, registrations, and endorsements necessary to lawfully conduct business and perform work in the

State of Oregon.

4. Not be suspended or debarred from participating in federal contracts, as verified via the System for Award Management (SAM.gov).

5. Not be disqualified from bidding on public contracts under ORS 279B.130.

6. In compliance with all Oregon tax laws, including but not limited to:

a. ORS Chapters 118, 314, 316, 317, 318, 321, and 323;

b. ORS 320.005–320.150 (corporate activity tax);

c. ORS 403.200–403.250 (emergency communications tax);

d. and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620.

SAMTD reserves the right to verify all qualifications and will reject any Bid or Bidder that fails to meet these minimum requirements. Subcontractors performing portions of the work must meet the same qualifications where applicable. Bidders may not substitute the experience of their Subcontractors for their own.

All subcontractors must be pre-approved by SAMTD before they begin work and meet the same minimum qualifications as outlined here in Part 3.C. Bidder must 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 business that a service-disabled veteran owns, that Bidder intends to utilize in the performance of the Contract.

3.C.2 BID TABULATION

SAMTD shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in Section 2.B Technical

Requirements.

3.C.3 REFERENCES

SAMTD may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection. (See Exhibit 12)

SAMTD may conduct other reference checks with persons whose names have not been provided by Bidder, but whom SAMTD has knowledge of. SAMTD may use references to obtain additional information, break ties, or verify any information needed.

3. D Bid Submission Package

3.D.1 SUBMISSION:

Bids will be in PDF format submitted to procurement@cherriots.org. It is the Bidders responsibility to ensure the submission packet is received on time by SAMTD. Bids sent via

DropBox, Google Drive, SharePoint or other file sharing method will not be reviewed.

SAMTD will not review submissions if the packet or forms are altered in any way. SAMTD will not review submissions if the Exhibits are altered in any way. Submissions must be typed to be legible. Digital signatures are encouraged and preferred. Bidder may submit a wet signature, provided the remainder of the submission is typed. Failure to include any of the requested information using the provided Exhibits will render the Bid non-responsive.

Marking a Bid, or portions of the Bid, as “confidential” or “proprietary” does not automatically exempt it from disclosure under the Oregon State Public Records Act, ORS

Chapter 192.

3.D.2 BIDDER FORMS

Bidder shall provide the required information on the forms specified in this ITB that are posted to OregonBuys. Any information Bidder submits that is not required to be included on forms prescribed by this ITB must be formatted in the manner called for in this ITB and submitted on Bidder’s letterhead.

3.D.3 BIDDER REGISTRATION OREGON BUYS.

Bidder must be a registered Vendor in Oregon Buys. All vendors must be registered in

Oregon Buys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the Oregon Buys website:

https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Bidders are responsible for ensuring that their vendor registration and information is current and correct in Oregon Buys and SAMTD shall not be responsible for defective registration or incorrect vendor information.

https://oregonbuys.gov/bso https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx

Bidder shall complete and submit ITB through procurement@cherriots.org (see Section

3.D)

3.D.4 ELECTRONIC BID PROVISIONS

Bidders shall make reasonable efforts to minimize the file size of attachments, so the total submittal does not exceed 5 megabytes (5MB).

SAMTD reserves the right to reject any Bid that is unreadable.

SAMTD reserves the right to request that the apparent successful Bidder promptly submit its complete original signed Bid to (SAMTD), to confirm the apparent successful Bidder’s Bid submitted through procurement@cherriots.org per Section 3.F. SAMTD may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing notice of the extension through an Addenda that will be posted on Oregon Buys.

By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with (SAMTD) that any Signature, and other forms of authorized representative certification, showing on documents and submitted via procurement@cherriots.org 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.

3.D.5 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth within this ITB, this ITB incorporates by this reference the information published or linked on the Oregon Buys “Bid Solicitation” page for this ITB, including but not limited to:

1. Details are entered into the Header Information section.

2. All ITB Attachments, Addenda and notices (“Amendments” in Oregon Buys), question and answer documents, and any other files linked in the File Attachments and Form

Attachments subsections; and

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

3.D.5.1 OBTAINING ITB DOCUMENTS: This ITB, any ITB attachments and any

Addenda and related notices (collectively the “Amendments”) may be downloaded from the Oregon Buys eProcurement system at: https://oregonbuys.gov/bso.

Bidders should contact the Purchaser identified in Oregon Buys for this ITB if they are unable to access solicitation documents via Oregon Buys.

Bidders are solely responsible for checking Oregon Buys regularly until the Bid

Opening Date specified in Oregon Buys to assure that they have not missed any

Addenda or other notices issued as “Amendments” in Oregon Buys for this ITB.

3. D.5.2 ADDENDA

mailto:procurement@cherriots.org mailto:procurement@cherriots.org mailto:procurement@cherriots.org

Modifications to this RFP shall be made only by addenda posted to the OregonBuys site. Verbal, faxed, or e-mailed instructions, interpretations, and changes shall not serve as official expressions of SAMTD and shall not be binding. All cost adjustments or other changes resulting from said addenda shall be taken into consideration by

Bidders and included in their Bids. All addenda issued by SAMTD (posted to

OregonBuys site) shall be acknowledged by Bidder on the Acknowledgement of

Addenda form.

3. D.6 CONFLICT OF INTEREST

SAMTD officers, employees, agents, or Board members will not solicit or accept gifts, favors, or anything of monetary value from Bidders. Any SAMTD officer, agent, employee, or Board member with a perceived or actual financial or other interest in the award of the proposed Contract will recuse himself/herself from any evaluation or decision on any Bid.

Bidders and their staff must declare any perceived or actual conflict of interest using the form/exhibit provided. For example, a conflict of interest would arise if a Bidder or staff did the following:

1. Assists in the creation of the scope of work. This includes, but is not limited to, reviewing and commenting on the preliminary scope in whole or part, assisting staff in specification writing, or recommending the use of a particular brand or supplier/distributor in the specification or evaluation of Bids.

2. Has access to nonpublic information during the performance of an earlier Contract or has been provided with information other Contractors have not during procurement.

3. Assists in the creation of a project budget.

4. Has a personal or professional relationship or affiliation (past or present) with a member of the evaluation committee or project team.

5. Has a financial gain from the recommendation and/or purchase of a particular good or service relating to a Contract or potential Contract. (e.g. distributor/manufacturer relationship) SAMTD will review all conflict of interest statements and notify the

Bidder of its decision to allow or reject a Bid as it pertains to the conflict.

In the event that a conflict of interest is discovered post-award, this will be considered a breach of Contract and the Contract will be terminated under the terms and conditions provided. The Bidder must pay any additional costs incurred by SAMTD to engage another

Bidder to finish the work.

The certification will outline each manufactured good, its origin and final assembly point.

End of Part 3 – Submission Guidelines

Part 4 – Bid Evaluation Process

Evaluation Criteria

If awarded, SAMTD must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

4. A BID EVALUATION

Bid will be evaluated to identify the lowest responsive Bid submitted by a responsible

Bidder based on Bid Tabulation score and the Minimum Bidder Qualifications (ITB Part

3.C.1) and not otherwise disqualified. (Refer to OAR 137-049-0390) Adjustments made to account for reciprocal preferences will be for Offer evaluation purposes only.

4.A.1 OREGON PREFERENCE: Awards shall be subject to preference for products produced or manufactured in Oregon, if price, fitness and quality are equal; and, solely for the purpose of evaluating Bids, (SAMTD) will add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, (SAMTD) will add ten (10) percent to that

Bidder's Offer price (OAR 125-246-0300, 125-246-0310, and 125-249-0390).

4.A.2 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 (SAMTD) that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the

ITB requirements.

4. B INTENT-TO-AWARD ANNOUNCEMENT

(SAMTD) reserves the right to announce its intent to award prior to formal Contract award by letter posted on the Oregon Buys System ("Intent-to-Award Announcement"), pursuant to ORS 279C.375. The Intent-to-Award Announcement shall serve as notice to all Bidders that (SAMTD) intend to make an award.

4.B.2 PROTEST OF INTENT TO AWARD

Protests shall only be accepted from participating Bidders and must be submitted in writing and in a timely fashion, in accordance with SAMTD’s formal protest procedures.

SAMTD’s formal protest procedures may be requested by contacting SAMTD Procurement in writing at procurement@cherriots.org. Once a Bidder exhausts SAMTD’s protest procedures, as described in applicable SAMTD Procurement Policy, the Bidder may request review from the FTA’s Region 10 office within five (5) working days of SAMTD’s final decision of the protest. However, Bidders are cautioned that FTA’s jurisdiction over protests are limited in scope.

Adversely affected or aggrieved Bidders shall have 7 calendar days from the date of the

Intent-to-Award Announcement within which to submit in Writing a protest to SAMTD

Procurement. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

4.B.3 In order to be 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 Bidder and that any and all lower Bidders are ineligible to receive Contract award.

4.B.4 An actual Bidder who is adversely affected or aggrieved by the award of the Contract to another Bidder may protest the award, in Writing, within the timeline established. The written protest shall state the grounds upon which the protest is based. No protest of the award shall be considered after the deadline.

4.C RESPONSE TO INTENT-TO-AWARD PROTESTS

(SAMTD) will respond in writing to intent-to-award protests submitted by adversely affected or aggrieved Bidders. (SAMTD) may also respond to intent-to-award protests submitted by other Bidders for purposes of clarification. However, any response provided by (SAMTD) is not intended to, and shall not in and of itself constitute, confirm 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.

4.C.1 AWARD

After expiration of the 7 calendar-day intent-to-award protest period, and resolution of all protests, (SAMTD) will proceed with final award. If (SAMTD) receives only one Bid, (SAMTD) may dispense with the intent-to-award protest period and proceed with award of a

Contract.

4.C.2 COMMENCEMENT OF WORK

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

4.C.3 REVIEW OF AWARDED BID FILES

Awarded Bid files are public records and available for review at (SAMTD) by appointment during regular business hours (Monday through Friday) or by submitting a Public

Disclosure Request to procurement@cherriots.org.

4.C.4 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER

4.C.4.1 INSURANCE: The apparent successful Bidder shall provide all required proof of insurance as outlined in the General Terms and Conditions (Appendix A1) to (SAMTD) within 14 calendar days of notification of intent to award or at a timeline approved in writing by SAMTD. Failure to present the required documents within the stated period may result in Offer rejection. Bidders are encouraged to consult their insurance agent(s) about the insurance requirements.

Bidders must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to the 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 (SAMTD). (SAMTD)'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.

4.C.4.2 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 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 (SAMTD) 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 3 and Exhibit

4, respectively.

The apparent successful Bidder shall provide all required bonding to SAMTD 14 calendar days of notification of award. Failure to present the required documents within 14 calendar days may be grounds for award disqualification.

4.C.4.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Bidder, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer 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.

4.C.4.4 CERTIFICATE OF PAY EQUITY TRAINING: Prior to execution of the Contract, the apparent successful Bidder must submit to (SAMTD) within 14 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 full-time workers and only if the Contract has an estimated contract price that exceeds $500,000.

4.C.4.5 GOVERNMENT BODIES

Under ORS Chapter 190, SAMTD may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If SAMTD receives an Offer from a government body, SAMTD will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter

190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

4.C.4.6 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of SAMTD. The submission of a

Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon

Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.

4.C.4.7 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

End of Part 4 - Bid Process Evaluation

Part 5 – Special Terms and Conditions Contract Invoicing

5. A Special Contract Terms and Requirements

5.A.1 DISADVANTAGED BUSINESS ENTERPRISE.

SAMTD has an overall agency goal of 2.49 percent (2.49%) for the utilization of DBEs using race neutral means. The Contract will utilize Federal Funds and therefore is subject to the terms and conditions outlined in Appendix C1 “Federal Terms and Conditions”. Prime

Contractors are required to review Appendix C1 - Federal Terms and Conditions

“Disadvantaged Business Enterprises” for their responsibilities under the agreement.

SAMTD strongly encourages and expects Bidders to pursue subcontracting, mentoring, joint venturing, teaming, and partnering opportunities with DBE firms in the ordinary course of its business/teaming strategies. Bidders are encouraged and expected to create a level playing field to the maximum practical extent, consistent with the objectives and requirements of the SAMTD DBE Program, which is based on federal regulations codified at

49 CFR Part 26. The DBE participation goal applies to the total value of all anticipated

SAMTD Federal contracts. SAMTD’s DBE Program and Policy may be accessed at www.Cherriots.org/en/about-us/procurement.

5.A.2 BUY AMERICA

This contract is funded in part from the Federal Transportation Administration. Any manufactured good must adhere to Buy America requirements. Bidders are advised that

49 CFR 661 Appendix A provides a public interest waiver only for microprocessors, computers, microcomputers, or software, or other such devices, which are used solely for the purpose of processing or storing data. Any other manufactured goods will be required to meet Buy America requirements. It is the Bidders’ responsibility to certify and ensure it complies with this requirement. If applicable, the awarded Contractor will be required to submit a Buy America content certification as a condition of final payment.

5.A.3 RECYCLED PRODUCTS; DEMOLITION WORK

Vendors shall use recyclable materials to the maximum extent economically feasible in the performance of the Contract Work set forth in this document. ORS 279A.010(ii) provides as follows: "'Recycled product' means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of total weight consisting of post-consumer waste. 'Recycled product' also includes any product that could have been disposed of as a solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form. "ORS 279A.010(u) provides as follows:

"'post-consumer waste' means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. 'Post-consumer waste' does not include manufacturing waste." ORS 279A.010(jj) provides as follows: "'Secondary waste materials' means fragments of products of finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process. For paper, 'secondary waste materials' does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust, or other wood residue from a manufacturing process." ORS 279A.010(hh) provides as follows:

"'Recycled PETE' means post-consumer polyethylene terephthalate material." Because this

Contract includes demolition work, as required by ORS 279C.510(1), the Contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective.

By my Signature in Section O, I, the undersigned duly authorized representative of the

Offeror, hereby affirm that Offeror will comply with the above recycled products provisions and demolition work provisions.

http://www.cherriots.org/en/about-us/procurement

5.A.5 FOREIGN CONTRACTOR: If the amount of the Contract exceeds ten thousand dollars

($10,000), and if Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. The State shall be entitled to withhold final payment under the Contract until the Contractor has met this requirement.

5.A.6 CERTIFICATION OF COMPLIANCE WITH TAX LAWS

By my Signature on the Contract, I, hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon tax laws" means a state tax imposed by ORS 320.005 to 320.150 and 403.200 to

403.250, ORS Chapters 118, 314, 316, 317, 318, 321 and 323; and local taxes administered by the Oregon Department of Revenue under ORS 305.620.

Any violation of the successful Contractor's Tax Compliance Certification immediately above (that the Contractor has complied with the Oregon Tax Laws) will also constitute a material breach of the resulting Contract. Any material breach of the resulting Contract entitles the Owner to pursue and recover any and all of its available remedies at law or in equity that arise from the breach, including, but not limited to, recovery of damages, the termination of the Contract, and the exercise of the right of setoff, garnishment if applicable and the withholding of amounts otherwise due and owing to the Contractor without penalty.

5.A.7 CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS

(1) Pursuant to OAR 125-249-0200, the Offeror certifies by its Signature on these solicitation document forms that it has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following:

(a) A written employee drug testing policy, (b) Required drug testing for all new Subject

Employees or, alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and (c) Required testing of a Subject Employee when the Offeror has reasonable cause to believe the Subject Employee is under the influence of drugs.

(2) A drug testing program that meets the above requirements will be deemed a "Qualifying

Employee Drug Testing Program." An employee is a "Subject Employee" only if that employee will be working on the Project job site.

(3) If awarded a Public Improvement Contract as a result of this solicitation, Offeror agrees that at the time of Contract execution it shall represent and warrant to the Agency that its

Qualifying Employee Drug Testing Program is in place and will continue in full force and effect for the duration of the Public Improvement Contract. The Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment) shall be contingent on Contractor's compliance with this representation and warranty.

(4) If awarded a Public Improvement Contract as a result of this solicitation, Offeror also agrees that at the time of Contract execution, and as a condition to Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment), it shall require each subcontractor providing labor for the Project to:

(a) Demonstrate to the Contractor that it has a Qualifying Employee Drug Testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug Testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or (b)

Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying

Employee Drug Testing Program for the duration of the subcontract.

5.A.8 Invoice Process:

Invoice must be sent to: accounts.payable@cherriots.org

1. Invoice Payments: Bidder will invoice SAMTD no later than the 15th of each month for services and goods supplied the previous month. Payment will be based on Net thirty (30) day terms or 15 days from payment approval by SAMTD.

If submitted via hard copy, invoices must be submitted to SAMTD’s Finance Department:

Salem Area Mass Transit District

Attn: Accounts Payable

555 Court St NE, Suite 5230

Salem, OR 97301

All invoices shall be submitted electronically to SAMTD’s Finance Department and SAMTD’s

Project Adviser via email to

1) accounts.payable@cherriots.org (Finance)

SAMTD shall pay the contract monthly as work progresses and shall be based upon estimates of work completed that are approved by SAMTD..

2. Remitting Invoices:

Each must contain the following information and include the agreed upon deliverables for each milestone outlined.

• The contract number;

• The milestone payment # being invoiced;

• The Phase/Deliverable completed with a detailed description of the goods or services furnished;

• Total invoiced amount.

mailto:accounts.payable@cherriots.org

• Payments made to subcontractors, if any, including date of payment and amount.

• SAMTD will not be responsible for late payments due to missing or incorrect documentation or deliverables or incorrect invoice routing on the part of the vendor.

End of Part 5 - Special Terms and Conditions and Invoicing

Part 6 – Public Disclosure Law

Prior to Contract award, SAMTD believes that the public interest will be harmed by disclosure of Bids, responsibility reviews, staff discussions, and all communications made during any procurement negotiations, and will hold all such documentation in confidence, until after Contract award, pursuant to ORS 192.502(4).

Bidders are cautioned that until submission of their Bid, they may have contact…