35486 ITB Draft.docx

ITB/Bid Solicitation No. S-73000-4847

OREGON DEPARTMENT OF TRANSPORTATION

INVITATION TO BID (ITB)

FOR STATE-FUNDED PUBLIC IMPROVEMENT AND PUBLIC WORKS CONTRACT

Project Title: CARPENTERVILLE HWY255 MP355.49 CULVERT REPLACEMENT

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 to access files, forms, provisions or other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are unable to open any of the attached documents, forms or Addenda may contact the Purchaser listed in OregonBuys for alternative electronic formats or hard copies.

PRE-BID CONFERENCE: None.

BID/QUOTE DUE DATE AND TIME: Bids must be submitted through the OregonBuys eProcurement system prior to the “Bid Opening Date” and time listed in OregonBuys for this ITB. All Bid submittal requirements are set forth in ITB section B.

PURCHASER/SINGLE POINT OF CONTACT: See “Purchaser” and “Info Contact”, including email address, for this ITB in OregonBuys. This is the only point of contact for this ITB. Any questions or issues that may arise regarding the Specifications, the bidding process, and/or the award process shall be directed to the Purchaser/Single Point of Contact.

PUBLIC WORKS REQUIREMENTS AND PUBLIC IMPROVEMENT REQUIREMENTS. If this is a Public Works project, all requirements applicable to Public Works projects apply to this project. In addition, ODOT has chosen to apply the requirements applicable to Public Improvement projects to this project whether or not it is a Public Improvement project. Therefore, throughout this ITB, wherever there is a reference to or requirement concerning Public Improvements, ODOT is applying the same requirement to the project, whether or not otherwise required by rule or statute.

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

TABLE OF CONTENTS

SEE SECTION B FOR ITEMS THAT MUST BE COMPLETED AND SUBMITTED WITH BID RESPONSE.

*Must be submitted within 2 working hours after Closing

ITB ATTACHMENTS: Attachments to this ITB are posted in OregonBuys (see ITB Section C.1.3).

Bidder is responsible for completing and returning any page(s) in any attachment(s) requiring a response.

The following provisions are not physically attached but are incorporated into this ITB from web sites with the same force and effect as though fully set forth herein:

State of Oregon General Conditions for Public Improvement Contracts January 1, 2012 Edition http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf

BOLI Prevailing Wage Rates: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

See Section E for the specific rates that apply to this project.

Conflict of Interest (COI) Guidelines for Procurements and Contracts (See Guidance, Policy & Resources): http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx See Section C.2.3.

See Section C.3.19 for a list of documents (and the deadline for submission) that will be required from the selected Bidder upon Notice of Intent to Award.

SECTION A – INTRODUCTION and DEFINITIONS

A.1 INTRODUCTION

A.1.1 ITB PURPOSE: The purpose of this ITB is to establish a Contract for Removal of an existing 18” Culvert and Replacement with new 24 inch double walled corrugated HDPE pipe (furnished by ODOT) and other associated work including Work Zone Traffic Control, located on the Carpenterville Highway (HWY255), at MP355.49, in Curry County, OR for the benefit of ODOT. The work contemplated under this Contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all construction Work in connection with the project described in the Contract Documents.

A.1.2 REQUIRED PROJECT DATES and SOLICITATION SCHEDULE

A.1.2.1 REQUIRED PROJECT DATES:

SUBSTANTIAL COMPLETION: December 16, 2022

FINAL COMPLETION: December 16, 2022

A.1.2.2 SOLICITATION SCHEDULE

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

ACTIVITY

SCHEDULE/DEADLINE

A.1.3 PREVAILING WAGE RATES: Pursuant to ORS 279C.800 through 279C.870, the Contractor and all subcontractors are required to pay Prevailing Wage Rates for any contract valued at more than $50,000. See Section E.

A.1.4 LIQUIDATED DAMAGES: Liquidated damages will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (See Exhibit 5 for detailed information.)

A.2 ITB DEFINITIONS

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

“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or clarification of, this ITB. Addenda shall be labeled as such and shall be made available to all interested Bidders in accordance with OAR 137-049-0250(2).

“Agency” means the Oregon Department of Transportation (“ODOT”).

“Bid” (referred to as “Quote” in OregonBuys) means the Bidder’s written offer submitted in response to this ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means “Offer” (as defined in Section A.1 of the General Conditions).

“Bid Item” means a specific unit of Work for which a price is provided in the Bid and resulting Contract.

“Bidder” means a “Person” (as defined in Section A.1 of the General Conditions) that submits a Bid in response to an ITB. Bidder also means “Offeror” (as defined in Section A.1 of the General Conditions).

“Bid Price” means the Total Bid amount, including any alternates selected by ODOT provided by the Bidder in the Pricing Submittal.

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

“Engineer” for this project means Owner’s Authorized Representative.

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

“ODOT Procurement Office” or “OPO” means the Procurement Office Section of the Oregon Department of Transportation.

“Opening” means the date/time set to read the Bid submittals.

“OregonBuys” means the on-line electronic Oregon automated procurement system administered by the State’s Department of Administrative Services. The OregonBuys website is: https://oregonbuys.gov/bso

“Pay Item” means a specific unit of Work for which a price is provided in the Contract. Also referred to as “Bid Item”.

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

“State” means the State of Oregon.

“Utility” means a line, facility, or system for producing, transmitting, or distributing communications, power, electricity, heat, gas, oil, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity which directly or indirectly serves the public. The term may also mean the utility company, district, or cooperative owning and operating such facilities, including any wholly-owned or controlled subsidiary.

SECTION B - BID SUBMITTAL REQUIREMENTS

B.1 GENERAL BID REQUIREMENTS. Bidder shall provide required information on the forms specified in this ITB. Any information Bidder submits that is not required to be included on forms prescribed by the ODOT Procurement Office must be formatted in the manner called for in this ITB and submitted on Bidder’s letterhead.

Bidder shall not make the Bid contingent upon the Owner’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB. Bidder must select “Yes” on the Terms & Conditions tab in OregonBuys or the Bid will be rejected.

B.2 SUBMITTALS VIA OREGONBUYS.

Bidder must be a registered Vendor in OregonBuys (see Section C.1.1).

Bidder should select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB.

Bidder must complete and submit via OregonBuys the following items, in accordance with all instructions in this ITB, no later than the Bid Opening Date and time specified in OregonBuys for this ITB (submittals by any other means will be rejected):

B.2.1 ON-LINE PRICING ENTRY. Bidders must complete on-line entry of all required pricing information specified in the “Item Information” section for this ITB in OregonBuys. Failure to supply the required pricing information may result in rejection of the Bid as non-responsive. In the event of a discrepancy between extended prices and unit prices, unit prices will prevail.

If the Bid item information for this ITB is modified by an Addendum, then Bidders shall update pricing data entry, as necessary, to address revisions to the Item Information specified in OregonBuys for this ITB.

The quantities listed in the Item Information section for this ITB in OregonBuys are intended to serve only as a guide to Bidders and are not to be construed as a guarantee. All quantities are estimated and are for Bid purposes only. ODOT reserves the right to adjust quantities or delete items as needed. Payment will be made based on actual, measured quantities.

B.2.2 ADDITIONAL INFORMATION TO BE SUBMITTED WITH THE OFFER: Bidder must submit the following items via upload in OregonBuys (unless another submission method is approved for “OTHER BID SECURITY”), no later than the Bid Opening Date and time specified in OregonBuys for this ITB, or the Offer will be determined not Responsive.

The following must be submitted via OregonBuys prior to the Bid Opening Date and time, OR via email to the Purchaser at the email address specified for this ITB in OregonBuys within two working hours after the Bid Opening Date and time specified in OregonBuys for this ITB;

· First Tier Subcontractor Disclosure Form, Section F.

B.2.3 ELECTRONIC BID PROVISIONS

B.2.3.1. Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes* (for tips on reducing file size, see information at the following link:* How to reduce PDF file size; How to reduce the size of Word documents that contain images).

SECTION C – OREGONBUYS; GENERAL BIDDING INFORMATION; INSTRUCTIONS TO BIDDERS/PROCUREMENT PROCESS

C.1. OREGONBUYS

C.1.1 REGISTRATION REQUIREMENT: All vendors must be registered in OregonBuys 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 OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. ODOT shall not be responsible for defective registration or incorrect vendor information.

C.1.2 CROSSWALK of TERMS

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

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

C.2 GENERAL BIDDING INFORMATION

C.2.1 OBTAINING ITB DOCUMENTS: This ITB, ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

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

C.2.2 TRADE SECRETS: Any information Bidder submits in response to this ITB that Bidder considers a trade secret under ORS 192.345(2) or ORS 646.461(4), and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret under ORS 192.345(2) or confidential proprietary information and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.” Each item so labeled must include a justification and citation of the authority relied upon. Identifying the entire Bid submittal as trade secret, confidential, or otherwise exempt from disclosure is not acceptable. Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under Oregon public records law. Further, information submitted by Bidder that is already in the public domain is not protected. ODOT is not liable for disclosure or release of information when authorized or required by law or court order. ODOT is also immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

C.2.3 CONFLICT OF INTEREST (COI) DISCLOSURE: Bidder must be in compliance with ODOT’s COI Guidelines. If there are any disclosures required for Bidder or its subcontractors, as detailed in the ODOT Conflict of Interest Guidelines, Bidder must submit the required signed COI Disclosure Form(s) with its Bid.

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

The ODOT Conflict of Interest Guidelines for Procurements and Contracts and ODOT’s COI Disclosure Form are available at the following Internet site: http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx

C.2.4 SOLICITATION LAW AND RULES: This ITB and the resulting Contract are governed by and construed and enforced in accordance with Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes and the Attorney General’s Model Public Contract Rules (“Model Rules”) OAR 137 Divisions 046 and 049, as adopted and modified by the Department of Transportation Rules OAR 731, Divisions 146 and 149. The ITB and resulting Contract may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules.

C.2.5 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS In addition to the solicitation laws and rules, this ITB and the resulting Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS, January 1, 2012 Edition (“General Conditions”) which, although not physically attached, are incorporated herein by reference with the same force and effect as though fully set forth herein. The General Conditions can be obtained on line at: http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf

C.2.6 2021 OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION: The 2021 Oregon Standard Specifications for Construction (“Standard Specifications”) include detailed technical specifications in Sections 00200 and beyond that apply to this ITB and any resulting Contract. Some sections of the technical specifications may be identified and modified in the Plans and Specifications. Sections of the technical specifications not identified in the Plans and Specifications remain applicable to the Contract according to their original terms.

Sections in Part 00100 of the Standard Specifications (General Conditions) are not applicable to the Contract unless they are specifically identified in the Plans and Specifications as being applicable. However, if a Part 00100 section that has been identified as being applicable references another section in Part 00100, or a technical specification (Parts 00200 and beyond) references a section from Part 00100, that section from Part 00100 applies to the Contract for purposes of supporting and giving full effect to the specification that referenced it. Bidders can access the Standard Specifications online at:

http://www.oregon.gov/ODOT/Business/Pages/Standard_Specifications.aspx

C.2.7 BRAND NAME USAGE:

C.2.7.1 BRAND NAME: Any brand name listed in the specifications with or without a designation of "or equal" or "or equivalent" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Unless the product named is the subject of an exemption per ORS 279C.345, 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 are approved by ODOT prior to installation.

C.2.7.2 BRAND NAME "OR APPROVED EQUAL” OR “OR APPROVED EQUIVALENT”: Any brand name listed in the specifications followed by "or approved equal" or “or approved equivalent” shall establish the minimum requirements for quality, utility, durability, function, and purpose. Unless the product named is the subject of an exemption per ORS 279C.345, 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 are approved by ODOT during the bidding process in accordance with the Request for Brand Approval procedures specified in Section C.2.

ODOT shall determine, in its sole discretion, whether a product offered is "or equal".

C.3 INSTRUCTIONS TO BIDDERS/PROCUREMENT PROCESS

Note: If a Pre-Bid conference is scheduled, the details are set forth on page 1 of the ITB.

C.3.1 REQUEST FOR CLARIFICATION; REQUEST FOR CHANGE; REQUEST FOR BRAND APPROVAL; SOLICITATION PROTEST. The appropriate means of seeking clarifications of or modifications to provisions of an ITB are through (a) requests for clarification; (b) requests for changes to contractual terms or Specifications or Plans; (c) requests for brand approval; and (d) protests of contractual terms or Specifications or Plans. . Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of this ITB may be deemed non-responsive and may be rejected.

C.3.1.1 METHOD OF SUBMITTING REQUESTS AND PROTESTS: Requests and protests must be marked as follows: Request for Clarification/ Request for Change/ Request for Brand Approval/ Solicitation Protest ITB Number Closing Date Closing Time

Requests and protests must be in writing and must be submitted via email to and received by the Purchaser specified in OregonBuys for this ITB no later than the applicable deadline specified in ITB Section A.1.1.2 – Solicitation Schedule. Unless the specific deadline is extended by subsequent Addenda, requests for clarification, requests for change, protests pertaining to provisions contained in the originally-issued ITB,or requests for brand approval will not be considered after the specified deadline.

C.3.1.2 REQUEST FOR CLARIFICATION: Any Bidder that finds discrepancies in, or omissions from, any provision of this ITB, Plans, Specifications, or Contract Documents, or has doubt as to the meaning, may submit a request for clarification in conformance with submittal requirements in Section C.3.1.1)

C.3.1.3 REQUEST FOR CHANGE: Any Bidder may submit a request for changes to contractual terms, Plans, or Specifications in conformance with submittal requirements in Section C.3.1.1. The request must include the specific changes requested, and the reason for the requested changes supported by factual documentation.

C.3.1.4 REQUEST FOR BRAND APPROVAL: Pursuant to Section C.2.7.2, Bidder shall provide the named product unless another is approved through a request for brand approval in conformance with submittal requirements in Section C.3.1.1. Other brands of equal quality, merit and utility will be considered upon proper submittal of a request for brand approval with appropriate documentation, unless the named product has been exempted per ORS 279C.345.

· Requester must provide sufficient information for ODOT to determine product acceptability including, but not limited to, detailed product specifications.

· Requester’s failure to provide sufficient information with the request shall be cause for the proposed product not to be considered equal.

· Any product subsequently approved for substitution will be listed on an Addendum issued by the ODOT Procurement Office and posted on the OregonBuys system.

C.3.1.5 SOLICITATION PROTEST: Any Bidder may, in conformance with submittal requirements in Section C.3.1.1, submit a protest of solicitation terms and conditions, contract terms and conditions or Specifications in accordance with OAR 137-049-0260. The protest must include the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not upheld, and a statement of the desired changes.

C.3.1.6 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in writing, or included in an Addendum as a "clarification," do not change Plans, Specifications, contractual terms, or procurement requirements of this ITB. If a request for clarification raises an issue that ODOT determines should be handled by formally amending this ITB, ODOT will do so only by specifying such a change in an Addendum, not through information identified as a "clarification."

C.3.1.7 RESPONSE TO REQUESTS FOR CHANGE,REQUESTS FOR BRAND APPROVAL, AND SOLICITATION PROTESTS: The ODOT Procurement Office will promptly respond to each properly-submitted written request for change, request for brand approval, and protest. When appropriate, the ODOT Procurement Office will issue ITB revisions via Addenda posted on the OregonBuys system. ODOT may also informally respond to Bidder questions.

C.3.1.8 QUESTION AND ANSWER DOCUMENTS: ODOT may post question and answer documents on OregonBuys to respond to inquiries when ODOT determines, in its sole discretion, the answers do not effect changes to this ITB.

INFORMAL RESPONSES, OR QUESTIONS AND ANSWERS POSTED ON OREGONBUYS, DO NOT AFFECT THE PROVISIONS OF THIS ITB. PLANS, SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY THE ODOT PROCUREMENT OFFICE AND POSTED ON OREGONBUYS.

C.3.1.9 REQUESTS OR PROTESTS RELATED TO ADDENDA

Requests for clarification, requests for change, and protests of an Addendum may be submitted in conformance with submittal requirements in Section C.3.1.1. Requests or protests related to an Addendum must be received by 5:00 pm on the next business day following issuance of the Addendum, unless a different deadline is set forth in the Addendum, or they will not be considered. ODOT will not consider requests or protests pertaining to matters not added or modified by the Addendum.

C.3.2 BID MODIFICATION PRIOR TO CLOSING/BID OPENING: Alterations and erasures made before Bid submission must EACH be INDIVIDUALLY initialed by the person signing the Bid. Bids, once submitted, may be modified in writing, before the Bid Opening Date and time specified in OregonBuys for this ITB. Modifications made after Bid submission must be uploaded in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button.

C.3.2.1 Nothing in this Section C.3.2 shall be construed as allowing 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.

C.3.2.3 Bidders may not modify Bids after the ”Bid Opening Date” and time specified in OregonBuys for this ITB.

C.3.3 BID WITHDRAWALS PRIOR TO CLOSING/BID OPENING: 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.3.4 BIDS RECEIVED AND BID OPENING

C.3.4.1 BIDS RECEIVED: Offers must be received in accordance with all instructions in this ITB prior to the ”Bid Opening Date” and time specified in OregonBuys for this ITB. Offers received after the Bid Opening Date and time, or as may be extended by any subsequently issued Addendum, will not be considered for award.

C.3.4.2 BID OPENING: Bid Opening will occur immediately following ”Bid Opening Date” and time unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the Opening. Award decisions will not be made at the Bid Opening.

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

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 241 247 698 381 Passcode: NYVR48 Download Teams | Join on the web Or call in (audio only) +1 971-277-1965,,453340200# United States, Portland Phone Conference ID: 453 340 200# Find a local number | Reset PIN Learn More | Meeting options

C.3.5 PRELIMINARY BID RESULTS: Prior to the Intent to Award Announcement, the ODOT Procurement Office may post preliminary Bid results on the OregonBuys System. Such postings may not be correct and are not final.

C.3.6 TIME FOR OFFER ACCEPTANCE: An Offer is a firm offer, irrevocable, valid and binding on the Bidder for not less than thirty (30) calendar days from the Closing.

C.3.7 EXTENSION OF TIME FOR OFFER ACCEPTANCE: The ODOT Procurement Office may request, orally or in writing, that Bidders extend, in writing, the time during which ODOT may consider their Offer(s). If a Bidder agrees to such extension, the Offer shall continue as a firm Offer, irrevocable, valid and binding on the Bidder for the agreed-upon extension period.

C.3.8 SUBSTANTIAL COMPLIANCE REQUIRED: Offers not in substantial compliance with ITB requirements cannot be considered, and cannot be supplemented by submissions delivered after Closing. However, ODOT may waive minor informalities and irregularities, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

C.3.9 OFFER EVALUATION CRITERIA and METHOD OF AWARD:

C.3.9.1 RESPONSIVENESS: 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, ODOT may waive minor informalities and irregularities.

C.3.9.2 RESPONSIBILITY: Prior to award of a Contract, ODOT will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in OAR 137-049-0390. See also, OAR 137-049-0440(1)(c)(H). In doing so, ODOT may investigate Bidder and request information in addition to that already required in this ITB, when ODOT, in its sole discretion, considers it necessary or advisable.

C.3.9.3 OREGON PREFERENCE: Awards shall be subject to preference for goods or services that have been produced or manufactured in Oregon, if price, fitness, availability and quality are otherwise equal (ORS 279A.120); See also; OAR 137-046-0300.

C.3.9.4 RECIPROCAL PREFERENCE: Solely for the purpose of evaluating offers, ODOT will add a percent increase to the Offer 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, ODOT will add ten (10) percent to that Bidder’s Offer price. (OAR 137-046-0310). No such adjustments shall operate to amend an Offer or any Contract awarded pursuant thereto.

C.3.9.5 REJECTION OF OFFER DUE TO CERTAIN DEBT: Included among the reasons ODOT may reject an Offer is if the Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

C.3.9.6 METHOD OF AWARD: Provided Agency does not cancel the solicitation or reject all Offers pursuant to OAR 137-049-0270, award will be made to the responsible Bidder that submits a responsive Bid with the lowest total Bid Price (including adjustments, if any, per C.3.9.4) for the items selected for award. Award will be made to one Bidder only. ODOT reserves the right to withdraw any item from award consideration if it is in the best interest of the State to do so.

C.3.10 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 ODOT that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the requirements of this ITB.

C.3.11 WITHDRAWAL BY ODOT OF BID ITEMS PRIOR TO AWARD: ODOT reserves the right to delete Bid items. The deletion of one or more Bid items will not affect the method of award.

C.3.12 REJECTION OF OFFERS

C.3.12.1 REJECTION OF ALL OFFERS: ODOT may reject all Offers for good cause upon its finding that it is in the public interest to do so.

C.3.12.2 REJECTION OF PARTICULAR OFFERS: ODOT may reject a particular Offer for any of the reasons listed under OAR 137-049-0440.

C.3.13 INTENT-TO-AWARD ANNOUNCEMENT: Prior to formal Contract award, ODOT will post a notice of its intent to award on the OregonBuys system (“Intent-to-Award Announcement”). The Intent-to-Award Announcement shall serve as notice to all Bidders that ODOT intends to make an award.

C.3.14 PROTEST OF INTENT TO AWARD: Adversely affected or aggrieved Bidders shall have 5 calendar days from the date of the Intent-to-Award Announcement within which to file a written protest via email to the Purchaser at the email specified for this ITB in OregonBuys. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

C.3.14.1 In order to be an adversely affected or aggrieved Bidder, the Bidder must claim to be eligible for award of the Contract as the lowest responsible and responsive Bidder and that any and all lower Bids are ineligible to receive Contract award.

C.3.14.2 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.3.14.3 Pursuant to OAR 137-049-0260, no protest against award shall be considered because of the content of Bid Specifications, Plans, or contract Terms after the deadline established for submitting protests of Bid Specifications, Plans or Contract Terms.

C.3.15 RESPONSE TO INTENT-TO-AWARD PROTESTS: The ODOT Procurement Office will respond in writing to intent-to-award protests submitted by adversely-affected or aggrieved Bidders. ODOT may also respond to intent-to-award protests submitted by other Bidders for purposes of clarification. However, any response provided by ODOT 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.3.16 AWARD: After expiration of the protest period, and resolution of all protests, ODOT will proceed with final award. (If ODOT receives only one Bid, ODOT may dispense with the intent-to-award protest period and proceed with award of a Contract.)

C.3.17 COMMENCEMENT OF WORK: Contractor shall not commence Work under a Contract resulting from this ITB until a Notice to Proceed has been issued.

C.3.18 REVIEW OF AWARDED BID FILES: Awarded Bid files are public records and available for review. Contact the Single Point of Contact to arrange for review of the documents.

C.3.19 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER: ODOT will notify the apparent successful Bidder by email of its intent to award a Contract. The apparent successful Bidder shall submit the following items via email no later than seven calendar days after the date of ODOT’s notification of intent to award unless another date is specified in the intent to award notification. Failure to provide any required items may result in Bid rejection.

C.3.19.1 INSURANCE: The selected Bidder shall submit certificates of insurance for all coverages required by this ITB. If the Bidder specifies, in Exhibit 7, prior to the execution of the Contract that a Subcontractor will satisfy an insurance requirement that is permitted to be satisfied by a Subcontractor, the Contractor shall obtain ODOT approval of Subcontractor and Subcontractor’s insurance coverage(s), at least 35 Calendar Days prior to commencement of subcontracted work. Bidders are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Section G.3 of the General Conditions and the Supplemental General Conditions in Exhibit 6 (if any) prior to Offer submission.

C.3.19.2 PERFORMANCE BOND and PAYMENT BOND: The selected Bidder shall furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State of Oregon, to ensure faithful performance of the Contract and payment for services and goods.

NOTE: THE ODOT-PROVIDED PERFORMANCE AND PAYMENT BONDS, EXHIBITS 3 AND 4, RESPECTIVELY, ARE THE FORMS APPROVED AND REQUIRED TO BE USED FOR THIS ITB.

Bidder may submit a cashier’s check or certified check in lieu of all or a portion of the required performance bond. If Bidder plans to submit a cashier’s check or certified check in lieu of the required bonds, please contact the Single Point of Contact for instructions.

C.3.19.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The selected 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.

C.3.19.4 RESPONSIBILITY INQUIRY FORM: The selected Bidder shall provide a completed, accurate and signed Responsibility Inquiry form. The Responsibility Inquiry form is available at: http://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/ResponsibilityInquiry.docx

PAY EQUITY COMPLIANCE TRAINING AND CERTIFICATION: This requirement applies to Bidders with 50 or more full-time employees that Bid on State agency contracts valued at $500,000 or more. If applicable, the selected Bidder will be required to submit a copy of an unexpired certificate (held by an authorized representative of the Bidder) issued by the Oregon Department of Administrative Services (DAS) documenting completion of the pay equity overview training. Following notice of intent to award, the selected Bidder shall submit the certificate with the Responsibility Inquiry Form prior to being awarded a Contract. For information about free on-line training and certification please click on the following hyperlink: http://www.oregon.gov/ODOT/Business/Procurement/DocsGTS/SB491Flyer.pdf

Pursuant to ORS 279C.375, OAR 137-049-0390, and OAR 137-049-0440, ODOT will evaluate the apparent successful Bidder’s responsibility to perform the Contract prior to award and execution of a Contract. Submission of a signed Offer shall constitute approval for ODOT to obtain any information ODOT deems necessary to conduct its evaluation. ODOT will notify the apparent successful Bidder, in writing, of any other documentation required, 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; etc. Failure to promptly provide this information will result in Offer rejection.

ODOT may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its evaluation. Failure of the apparent successful Bidder to demonstrate responsibility shall render the Bidder non-responsible and shall constitute grounds for Offer rejection, as required under OAR 137-049-0390 and OAR 137-049-0440.

C.3.19.5 TAX ID NUMBER: The selected 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 Agency (normally in an intent to award notice), 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.3.19.6 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 ODOT are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration. The selected Bidder shall (unless you are an individual operating as your real and true name or otherwise exempt under applicable laws) have a current Oregon Secretary of State business registry number and provide it upon ODOT’s request. All corporations and other business entities (domestic and foreign) must have a registered agent in Oregon. See requirements and exceptions regarding registered agents. For more information, see Starting a Business and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

C.3.19.7 Direct Deposit via Automated Clearing House (“ACH”) [This item is OPTIONAL] For contractors that receive ongoing monthly payments from Agency on one or more contracts or price agreements, ODOT prefers making payments via ACH direct deposit. While not required, if the selected Bidder has not previously authorized ACH direct deposit and would prefer ACH to expedite transfer of payments after invoices are approved, a Vendor ACH Authorization form must be completed and submitted to ODOT (per the instructions on the form) after the Contract is executed. To expedite Contractor’s payments to its subcontractors, Contractor should make reasonable efforts to offer ACH direct deposit payments.

C.20 EXECUTION OF AGREEMENT FORM

Once all items required under Section C.3.19 have been received from the apparent successful Bidder and accepted by ODOT, ODOT will finalize and email the Public Improvement Agreement Form (see Exhibit 5) to the Bidder, which the Bidder shall sign and return by email as soon as possible, and within 2 business days of receipt. ODOT will then sign the Public Improvement Agreement Form and email a fully-executed copy of it to the Bidder.

SECTION D - BID SECURITY REQUIREMENTS

D.1 Each Offer shall be accompanied by (submitted via upload in OregonBuys, except as provided in Section D.4) a 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 State of Oregon in an amount equal to ten percent (10%) of the total amount of the Offer.

D.2 Bid security shall be furnished to ODOT as security against the failure of the Bidder to comply with all requirements within the time frames established subsequent to notification of intent to award.

D.3 If Bid security is furnished by means of a Bid Bond, the State of Oregon Bid Bond form, provided as Exhibit 2, is the form approved and required to be used for this ITB.

D.4 If Bid security is furnished by means of a certified or cashier’s check, Bidder must notify the Single Point of Contact for submittal instructions. Bid security must be received by the Single Point of Contact before the Closing.

D.5 ODOT may cash the check, draw under the letter of credit, or otherwise collect under the Bid security, if any of the following occur:

D.5.1 Bidder fails to furnish a Performance Bond and a Payment Bond within the time specified in the written notification of intent to award a Contract, or D.5.2 Bidder fails to furnish certificates of insurance within the time specified in the written notification of intent to award a Contract, or D.5.3 Bidder fails to execute the Public Improvement Agreement form within the time specified in Section C.3.20.

SECTION E – PREVAILING WAGE RATES (BOLI REQUIREMENTS)

E.1 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates (“PWR”) and the required public works bond as outlined in Sections C.1, C.2 & G.2.3 of the General Conditions.

E.2 Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

E.3 This ITB and the resulting Contract are subject to the following Bureau of Labor and Industries (“BOLI”) prevailing wage rate requirements and the prevailing wage rates set forth in the following rate book which, while not physically attached, is incorporated herein by reference with the same force and effect as though fully set forth herein, and is available at the following website:

The “PREVAILING WAGE RATES for Public Works Contracts in Oregon” dated July 1, 2022, and as amended October 1, 2022.

These BOLI wage rates are available on line at:

http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

E.4 The Work will take place in Curry County, BOLI Region 7

E.5 The fee required by ORS 279C.825(1) will be paid by the Agency to the Commissioner of the Bureau of Labor and Industries under the administrative rules of the Commissioner.

SECTION F – FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

F.1 Pursuant to ORS 279C.370 and OAR 137-049-0360, Bidders are required to disclose information about certain first-tier subcontractors when ODOT estimates the Contract value for a Public Improvement to be greater than $100,000. Specifically, when the Contract amount of a first-tier subcontractor furnishing labor, or labor and materials, would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract in its Bid submission or within two (2) working hours after Closing:

F.1.1 The subcontractor's name, F.1.2 Dollar value and, F.1.3 The category of work that the subcontractor would be performing.

If the Bidders will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate "NONE" on the Disclosure Form.

ODOT MUST REJECT AN OFFER IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE.

F.2 Bidder shall submit the disclosure form required by OAR 137-049-0360 either in its Offer submission or within two (2) working hours after Closing.

F.2.1 Compliance with the disclosure and submittal requirements is a matter of responsiveness.