Bid Notice-Health _ Human Services Woodburn Health Remodel.pdf

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MARION COUNTY

INVITATION TO BID BS1788-26

Health & Human Services Woodburn Health Remodel

Release Date: September 29, 2026

ITB Due Date: November 5, 2026 PST

Submit questions and responses via the Marion County Procurement Collaboration Portal https://contracts-marioncountygcc.msappproxy.net/gateway/

Instructions are listed in Section C.1.5

Electronic copies of this ITB and attachments, if any, can be obtained from the Marion County Procurement Collaboration Portal at the URL listed above.

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SECTION A TABLE OF CONTENTS

INVITATION TO BID BS1788-26

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION/INSTRUCTIONS TO BIDDERS

SECTION D BID SECURITY REQUIREMENTS

SECTION E PREVAILING WAGE RATES (BOLI REQUIREMENTS)

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM14

SECTION G CONSTRUCTION CONTRACTORS BOARD (CCB) REGISTRATION

REQUIREMENTS / ASBESTOS ABATEMENT LICENSING REQUIREMENTS /

JOINT VENTURE - PARTNERSHIP DISCLOSURE

SECTION H ADDENDA ACKNOWLEDGEMENT

SECTION I RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES

SECTION J RESERVED

SECTION K RESIDENCY INFORMATION

SECTION L RETAINAGE

SECTION M CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION N CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS

SECTION O CERTIFICATION OF COMPLIANCE WITH NON-DISRIMINATION LAWS ... 22

SECTION P SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE

EXHIBIT 1 PRICING SUBMITTAL FORM

EXHIBIT 2 MARION COUNTY BID SECURITY FORM

EXHIBIT 3 MARION COUNTY PERFORMANCE BOND FORM

EXHIBIT 4 MARION COUNTY PAYMENT BOND FORM

EXHIBIT 5 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 6 MARION COUNTY GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

ATTACHMENT A Project Manual dated August 10, 2026

ATTACHMENT B Drawings dated August 10, 2026

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SECTION B DEFINITIONS

B.1 DEFINITIONS:

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

B.1.1 "Addendum” means an addition or deletion to, a material change in, or a clarification of, the ITB.

Each Addendum shall be labeled as such and shall be made available to all interested Bidders in accordance with MCPCR 40-0250(2). The plural form of “Addendum” is “Addenda.”

B.1.2 "Bid" means the written offer submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award.

B.1.3 "Bidder" means an individual, organization or representative of an organization that submits a Bid in response to an ITB.

B.1.4 "Closing" means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

B.1.5 "County" means Marion County, acting through its Business Services Department.

B.1.6 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.1.7 "Opening" means the date/time set to read the Bid submittals.

SECTION C GENERAL BIDDING INFORMATION/INSTRUCTIONS TO BIDDERS

C.1 GENERAL INFORMATION

C.1.1 MANDATORY PRE-BID CONFERENCE:

C.1.1.1 A mandatory pre-bid conference will be held on October 15, 2026, at 10:15 AM (PDT), located at 976 N Pacific Hwy, Woodburn, 97071. All potential bidders must be present and signed in by 10:00 AM. Any bidders arriving after 10:00 AM shall not be allowed to sign in and therefore shall not be considered for the project. County staff facilitating this mandatory pre-bid conference must deny any bidders not visibly in attendance by 10:00 AM the opportunity to sign in.

C.1.1.2 Any statements made at this conference will not change the Plans, Specifications or other Contract Documents unless an Addendum has been issued from COUNTY and advertised on the Marion County Procurement Collaboration Portal.

BIDDERS OR THEIR REPRESENTATIVE ARE REQUIRED TO ATTEND THIS

MANDATORY PRE-BID CONFERENCE. BIDS WILL ONLY BE EVALUATED FROM

BIDDERS OR THEIR REPRESENTATIVE WHO REGISTERED AND ATTENDED THE

MANDATORY PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE

CONSIDERED NON-RESPONSIVE.

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C.1.2 SINGLE POINT OF CONTACT:

C.1.2.1 The single contact point (“SPC”) for questions regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests, First Tier Subcontractor Disclosure, and any other issues that may arise, is Vanessa Keck at (503) 566- 3910 and e-mail MCBS-Contracts@co.marion.or.us.

C.1.2.2 The contact point for requests for brand approval, or substitution requests is Vanessa Keck at

(503) 566-3910 and e-mail MCBS-Contracts@co.marion.or.us.

C.1.3 ENGINEER AND CONSULTANT INFORMATION:

A list of any engineers and consultants used on this project is included on the Plans (Attachment A).

This list is for informational purposes only. Bidders are prohibited from contacting these engineers and consultants during the solicitation process unless otherwise authorized in this ITB.

C.1.4 INVITATION TO BID DOCUMENT AVAILABILITY:

C.1.4.1 ITBs, ADDENDA AND ATTACHMENTS: ITBs, including all Addenda and most attachments, are posted on the Marion County Procurement Collaboration Portal as part of the solicitation document and will not be emailed to prospective Bidders.

C.1.4.2 ADDENDA: Addenda are incorporated with the original solicitation as an attachment and can be viewed and downloaded by registered suppliers. Bidders should consult the Marion County Procurement Collaboration Portal regularly until Closing to avoid missing any Addenda.

C.1.5 RESPONSE INSTRUCTIONS

C.1.5.1 Log Into the Procurement Collaboration Portal

C.1.5.1.1 Go to the Marion County Procurement Collaboration Portal which can be found at:

https://contracts-marioncountygcc.msappproxy.net/gateway/

C.1.5.1.2 Sign In or Create an Account

C.1.5.1.3 Creating an account MUST be completed 15-30 minutes before files will be able to be submitted through the portal.

C.1.5.2 Solicitations Tab

C.1.5.2.1 At the top of the page, hover over Solicitations

C.1.5.2.2 Select Search All Solicitations

C.1.5.2.3 Click View next to the applicable solicitation

C.1.5.3 Opportunity Details

C.1.5.3.1 Viewing Documents – Scroll down the page to the Files, Documents, Images section, Public Files: subsection. Here you will find all of the relevant files.

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C.1.5.3.2 Submitting a Question – If you would like to submit a question, scroll down the page to the Questions & Answers section. Type your question in the My Questions/Answers text box and click the Ask Question box.

C.1.5.3.3 Register as Respondent - If you are interested in responding to the posting, click the button Register as Respondent on the left side of the screen.

C.1.5.3.4 Submitting Documents – If you would like to submit a response to this posting, scroll down the page to the Files, Documents, Images section, My Files: subsection. Here you will Select a file, select a File Category, and type a description before clicking the Save File button.

C.1.5.3.5 Response Status – Once you have registered as a respondent and submitted documents, scroll to the bottom of the page to the Response Status section and select the appropriate status for your submission, then click Submit.

C.1.6 SUPPLIERS LIST:

To be listed on the suppliers list, interested parties must be registered on the Marion County Procurement Collaboration Portal. Suppliers can register in the Marion County Procurement Collaboration Portal at the link on the cover page of this ITB.

Interested parties who download ITB documents from the Marion County Procurement Collaboration Portal will automatically be added to the suppliers list. Interested parties who obtain the ITB documents from other means may add themselves to the suppliers list on the Marion County Procurement Collaboration Portal. Interested parties who have entered their company on the Marion County Procurement Collaboration Portal are responsible for making sure information is correct and accurate. Marion County assumes no responsibility for the content of the interested parties’ information shown on the Marion County Procurement Collaboration Portal.

NOTE: BIDDERS WHO OBTAIN ITB DOCUMENTS, PLANS AND SPECIFICATIONS FROM

PLAN CENTERS WILL NOT APPEAR ON THE SUPPLIERS LIST.

C.1.7 TRADE SECRETS:

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.345(2) or confidential proprietary information, 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." Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidders that is already in the public domain is not protected. The County shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The County shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

C.1.8 SOLICITATION LAW, RULES AND GENERAL CONDITIONS:

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This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes, and Section 10 and 40 of the Marion County Public Contracting Rules. The ITB and resulting Contract may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.8.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C) - May be obtained from Legislative Counsel Committee, S101 State Capitol, Salem, OR 97310-0630. Phone (503) 378-8146, or on line at: http://www.leg.state.or.us/ors/home.html.

C.1.8.2 Marion County Public Contracting Rules (MCPCR Section 10 and 40) can be obtained from Marion County Finance Page or email PO_Contracts@co.marion.or.us.

C.1.8.3 In addition to the foregoing, this solicitation and the Contract are governed by the MARION

COUNTY GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS,

"General Conditions" dated September 1, 2014, Edition, Revised February 14, 2022, which are incorporated herein by reference. See Exhibit 6.

C.1.9 BRAND NAME USAGE:

C.1.9.1 BRAND NAME: Any brand name listed in the specifications without an "or equal" "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose.

C.1.9.2 BRAND NAME "OR EQUAL": Any brand name listed in the specifications with an "or equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the proposed product has been approved in writing by the Owner’s Authorized Representative prior to installation, and the brand named is not mandated pursuant to a brand name exemption.

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

C.1.9.3 BRAND NAME "OR APPROVED EQUAL": Any brand name listed in the specifications with an "or approved equal" or an “or approved equivalent” shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the product has been pre-approved in writing during the bidding process detailed in Section C.2, and the brand named is not mandated pursuant to a brand name exemption.

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

C.2 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FOR

CLARIFICATION; REQUEST FOR BRAND NAME / PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (a) requests for approval of an "or approved equal" or an "or approved

BS1788-26 - Woodburn Health Building Remodel Page 7 of 36 equivalent"; (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms or Specifications or Plans; and (d) formal submittal of 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 the ITB may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS: E-

mails containing requests for brand approval, requests for substitution, requests for clarification, requests for change, and Bid protests must reference the following as the subject:

Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest

BS1788-26 - Woodburn Health Building Remodel and must be received by the appropriate SPC as identified in Section C.1.2 by 4:00 PM (PDT) on October 26, 2026. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.2.3 REQUEST FOR APPROVAL OF AN "OR APPROVED EQUAL" OR AN "OR APPROVED

EQUIVALENT": Pursuant to Section C.1.9.3, Bidders shall provide that product unless another is approved through a request for approval of an "or approved equal" or an "or approved equivalent, or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

Requests shall be made via e-mail and be submitted to Facet Architects (Facet) at info@facetarchitects.com, and as explained under Section 01.25.00-1 of Exhibit B – Project Manual dated August 10, 2026. To be considered, the request for changes must be received by the deadline specified in Section C.2.2.

• Requests shall provide all the information necessary for Facet to determine product acceptability.

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

• Any product subsequently approved for substitution shall be listed on an Addendum issued by Facet and posted on the Marion County Procurement Collaboration Portal.

C.2.4 REQUEST FOR CLARIFICATION: Any Bidder that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents or has doubt as to the meaning, shall make a request for clarification via e-mail, to the SPC listed in Section C.1.2. To be considered, the request for clarification must be received by COUNTY by the deadline specified in Section C.2.2.

C.2.5 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR

PLANS: Any Bidder may submit a request for changes to contractual terms, Plans, or Specifications, via e-mail, to the SPC listed in Section C.1.2. To be considered, the request for

BS1788-26 - Woodburn Health Building Remodel Page 8 of 36 changes must be received by COUNTY by the deadline specified in Section C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS: Any Bidder who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, via e-mail, to the SPC listed in Section C.1.2. To be considered, the protest must be received by COUNTY by the deadline specified in Section C.2.2.

The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and any proposed changes.

C.2.7 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 an ITB. If a request for clarification raises an issue that COUNTY determines should be handled by formally amending the ITB, COUNTY will do so only by announcing such a change in an Addendum, not through information identified as a "clarification."

C.2.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION,

REQUESTS FOR CHANGE AND PROTESTS: COUNTY shall promptly respond to each properly submitted request for brand approval, request for substitution, request for change, and protest. Where appropriate, COUNTY will issue ITB revisions via Addenda posted on the Marion County Procurement Collaboration Portal. COUNTY may also informally respond to Bidder questions.

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

PLANS, SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS

OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY COUNTY AND POSTED

ON THE MARION COUNTY PROCUREMENT COLLABORATION PORTAL.

C.3 PROTEST OF ADDENDA

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

C.4 BID FORMAT

C.4.1 SIGNATURE REQUIRED: All Bid documents requiring signature must be signed by an authorized representative of the Bidder.

C.4.2 IN WRITING: Bids and pricing information shall be prepared by typewriter, ink or by computer, but must be signed by an authorized representative of the Bidder. No oral, telegraphic, telephone, or facsimile Bids will be accepted. Bids must be submitted via the Marion County Procurement Collaboration Portal and received prior to Bid closing.

C.4.3 FORMS TO BE USED: Required information shall be submitted on the forms specified in the ITB. Any information Bidder submits that is not required to be included on forms prescribed by

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County shall be formatted in the manner called for in the ITB and submitted on Bidder’s letterhead.

C.4.4 INFORMATION TO BE SUBMITTED WITH THE BID: The items listed below in this section shall be submitted or the Bid shall be found to be non-responsive.

The following shall be submitted prior to Closing:

• Pricing Submittal Form, Exhibit 1;

• Bid Security Requirements as per Section D;

• Construction Contractors Board (CCB) Registration Requirements; Asbestos Abatement Licensing Requirements, & Joint Venture - Partnership Declaration, Section G;

• Addenda Acknowledgement; Section H;

• Responsibility Inquiry & Contractor References; ESB Utilization, Section I;

• Residency Information, Section K;

• Signature of Bidder's Duly Authorized Representative, Section P;

• Addenda (If required)

The following shall be submitted either with the Bid submission or within two (2) working hours after the Closing:

• First Tier Subcontractor Disclosure Form, Section F

C.4.5 BID MODIFICATION PRIOR TO CLOSING: 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 Closing. Modifications made after Bid submission shall be prepared on Bidder’s letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Bid. Failure to comply with the provisions of this paragraph of Section C.4.5 will result in Bid rejection.

C.4.5.1 Nothing in Section C.4.5 shall be construed as allowing the Bidder to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

C.4.5.2 Modifications must be uploaded via Marion County Collaboration Portal and received in the Portal prior to Bid closing and marked as follows:

ITB Number BS1788-26, Bid Modification Closing Date: November 5, 2026 Closing Time: 2:00 pm (PST)

C.4.5.3 Bidders may not modify Bids after Closing.

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C.5 BID SUBMISSION

C.5.1 BID SUBMITTED BY BIDDER MUST BEAR A SIGNATURE. FAILURE TO SUBMIT A

BID WITH A SIGNATURE WILL RESULT IN REJECTION OF THE BID.

Bids must be submitted via the Procurement Collaboration Portal prior to the time and date set forth on the cover page of this ITB. Instructions for the Procurement Collaboration Portal can be found in Section C.1.5.

C.6 BID WITHDRAWALS PRIOR TO CLOSING

IN WRITING: Bids may be withdrawn in writing when submitted on Bidder’s letterhead, signed by an authorized representative, and received by County prior to Closing. Bid withdrawals submitted in writing must be labeled as such and contain the ITB number.

C.7 CLOSING & OPENING / FIRST TIER SUBMITTAL

C.7.1 CLOSING: Bids must be submitted via the Procurement Collaboration Portal prior to the Closing date/time. Bids will not be accepted after the Closing date/time as stated on page one (1) of this ITB or as may be extended by any subsequently issued Addenda. Facsimile Bids will not be allowed or accepted. Failure to comply with this requirement will result in rejection of the Bid as non-responsive.

Electronic bids will be publicly opened and read by the SPC or designee immediately following the Closing date/time specified on page one (1) of the ITB, at County, at 3180 Center St NE, Ste 1341, Silver Falls Conference Room, Salem, Oregon. Only the name of the Bidder(s) and the total cost will be read at the opening. It is optional for Bidders to attend Opening. Award decisions will not be made at Opening. Bids received after the date/time for Closing will not be considered for award.

C.7.2 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: First tier subcontractor disclosure forms must be returned and received within two working hours after the Closing to the SPC as described in Section C.1.2. Failure to comply with this requirement shall result in rejection of the Bid as non-responsive.

C.8 PRELIMINARY BID RESULTS

Prior to the Intent to Award Announcement, County will post preliminary Bid results no later than 2:00 p.m. the following business day on the OregonBuys website. Such postings may not be correct, are not final, and shall not be construed as Notice of Intent to Award.

C.9 TIME FOR BID ACCEPTANCE

A Bidder’s Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than sixty (60) calendar days from the Closing date.

C.10 EXTENSION OF TIME FOR BID ACCEPTANCE

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

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C.11 METHOD OF AWARD

The responsiveness of Bids and responsibility of Bidders and of their proposed subcontractors will be considered in making the award.

C.11.1 METHOD OF BID AWARD: Award will be made to the responsible Bidder submitting the lowest total for a responsive BASE BID. The County reserves the right to reject all Bids.

C.12 SUBSTANTIAL COMPLIANCE REQUIRED

Bids not in substantial compliance with ITB requirements cannot be considered and cannot be supplemented by submissions delivered after Closing. However, County may waive minor informalities and irregularities, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

C.13 BID EVALUATION CRITERIA

Bids will be evaluated to identify the lowest responsive Bid submitted by a responsible Bidder and not otherwise disqualified. (Refer to MCPCR 40-0380) Adjustments made to account for reciprocal preferences will be for Bid evaluation purposes only. No such adjustments shall operate to amend Bidder’s Bid, or any Contract awarded pursuant thereto.

C.13.1 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, County may waive minor informalities and irregularities.

C.13.2 RESPONSIBILITY: Prior to award of a Contract, County will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in MCPCR 40-0390.

In doing so, County may investigate Bidder and request information in addition to that already required in the ITB, when County, in its sole discretion, considers it necessary or advisable.

C.13.3 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, County 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, County will add ten (10) percent to that Bidder’s Bid price (MCPCR 10-0300).

C.14 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 County that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.15 WITHDRAWAL BY COUNTY OF BID ITEMS PRIOR TO AWARD

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

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C.16 REJECTION OF BIDS

C.16.1 REJECTION OF ALL BIDS: County may reject all Bids for good cause upon its finding that it is in the public interest to do so.

C.16.2 REJECTION OF PARTICULAR BIDS: County may reject a particular Bid for any of the reasons listed under MCPCR 40-0440.

C.17 INTENT-TO-AWARD ANNOUNCEMENT

County reserves the right to announce its intent to award prior to formal Contract award by letter ("Notice of Intent-to-Award"). The Notice Intent-to-Award shall serve as notice to all Bidders that County intends to make an award.

C.18 PROTEST OF INTENT TO AWARD

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

C.18.1 In order to be an adversely affected or aggrieved Bidder, the Bidder must claim to be eligible for award of the Contract as the responsible Bidder submitting the lowest responsive Bidder and that any and all lower Bidders are ineligible to receive Contract award.

C.18.2 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.19 RESPONSE TO INTENT-TO-AWARD PROTESTS

County will respond in writing to intent-to-award protests submitted by adversely affected or aggrieved Bidders. County may also respond to intent-to-award protests submitted by other Bidders for purposes of clarification. However, any response provided by County 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.20 AWARD

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

C.21 COMMENCEMENT OF WORK

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

C.22 REVIEW OF AWARDED BID FILES

Awarded Bid files are public records and available for review at County by appointment during regular business hours (Monday through Friday).

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C.23 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER

C.23.1 INSURANCE: The apparent successful Bidder shall provide all required proofs of insurance to County within fourteen (14) calendar days of notification of intent to award. Failure to present the required documents within the fourteen (14) calendar-day period may result in Bid rejection.

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 7 prior to Bid submission.

Bidders must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to the County 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 County. County's approval will be based on its assessment of the non-admitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

C.23.2 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 Marion County, to ensure faithful performance of the Contract and payment for services and goods.

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

APPROVED AND REQUIRED TO BE USED FOR THIS ITB.

Marion County Performance Bond and Payment Bond form are Exhibits 3 & 4, respectively.

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

C.23.3 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 Bid and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venture will be required to sign the Contract awarded.

SECTION D BID SECURITY REQUIREMENTS

Each Bid shall be accompanied by a certified or cashier's check, irrevocable letter of credit (Bank), or Bid Bond, payable to Marion County in an amount equal to ten percent (10%) of the total amount of the Bid.

Bid Security shall be furnished to Marion County as security against the failure of the undersigned to comply with all requirements within the time frames established subsequent to notification of award.

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If the undersigned fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, or (3) furnish certificates of insurance within 14 calendar days of the written notification of intent to award a Contract, then COUNTY may cash the check, draw under the letter of credit or otherwise collect under the Bid Security.

The Marion County Bid Bond form is Exhibit 2.

SECTION E PREVAILING WAGE RATES (BOLI REQUIREMENTS)

E.1 COMPLIANCE

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

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.2 BOLI

This ITB and the resulting Contract are subject to the following Bureau of Labor and Industries (BOLI) wage requirements and the prevailing wages rates set forth in the following booklet, as amended, which is incorporated herein by reference with the same force and effect as though fully set forth herein, and is available at the following web link:

These BOLI wage rates are available online at:

http://egov.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml

E.3 The Work will take place in Marion County.

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

F.1 Pursuant to ORS 279C.370 and MCPCR 40-0360 Bidders are required to disclose information about certain first-tier subcontractors when COUNTY 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:

• The subcontractor's name,

• Dollar value and,

• The category of work that the subcontractor would be performing.

If the Bidder 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.

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COUNTY MUST REJECT ANY BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE

FORM WITH THIS INFORMATION BY THE STATED DEADLINE.

F.2 Any Bidder shall submit the disclosure form required by MCPCR 40-0360 either in its Bid submission or within two (2) working hours after Closing.

Compliance with the disclosure and submittal requirements is a matter of responsiveness. Bids which are submitted by Closing, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and shall not be considered for Contract award.

F.3 County shall obtain and make available for public inspection, the disclosure forms required by MCPCR 40-0360. County shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. County is not required to determine the accuracy or completeness of the information submitted. Substitution of affected first-tier subcontractors shall be made only in accordance with

ORS 279C.585.

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FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME: ________________________________________________________

BID #: ______________________ CLOSING: Date: __________ Time: __________

This form must be submitted at the location specified in the Invitation to Bid on the advertised Closing date or within two working hours after the advertised Closing time.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

SUBCONTRACTOR NAME CATEGORY OF WORK DOLLAR VALUE

Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award.

Form submitted by (bidder name): __________________________________________________

Contact name: ______________________________ Phone no.:_________________________

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SECTION G CONSTRUCTION CONTRACTORS BOARD (CCB) REGISTRATION

REQUIREMENTS / ASBESTOS ABATEMENT LICENSING REQUIREMENTS /

JOINT VENTURE - PARTNERSHIP DISCLOSURE

G.1 CCB REQUIREMENTS

G.1.1 Bidders shall be licensed with the State of Oregon Construction Contractors Board (CCB) prior to bidding on Public Improvement Contracts. Failure to comply with this requirement shall result in bid rejection.

G.1.2 All subcontractors participating in the project shall be similarly registered with the Construction Contractors Board at the time they propose to engage in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

Bidders shall provide their Construction Contractors Board (ORS 701.055) registration number below:

CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: __________________

EXPIRATION DATE OF CCB NO.: __________________

G.2 ASBESTOS ABATEMENT LICENSING REQUIREMENTS

An asbestos abatement license under ORS 468A.720 will not be required of the Contractor or its subcontractors.

G.3 JOINT VENTURE/PARTNERSHIP DISCLOSURE

The Bidder shall disclose whether the Bid is submitted by either a partnership or joint venture.

NO: ________ YES: _______

If yes, the Bidder shall provide the name of the contact person for the partnership or joint venture.

Name: __________________________________________________________

SECTION H ADDENDA ACKNOWLEDGEMENT

County reserves the right to make changes to the Invitation to Bid and the resulting Contract, by written Addenda, prior to the Closing time and date. Addenda will be advertised on the Marion County Procurement Collaboration Portal. County is not responsible for a Bidders failure to receive notice of Addenda if such are advertised in the foregoing manner. Addenda shall only be issued by County and upon issuance are incorporated into the Invitation to Bid or the resulting Contract.

By Bidder’s signature in Section P it ACKNOWLEDGES, AGREES and CERTIFIES TO THE

FOLLOWING:

If any Addenda are issued in connection with this ITB, Bidder has received and duly considered such Addenda, and has completed the blanks below identifying all Addenda issued, and acknowledging and agreeing to the terms of all such Addenda as those terms revise the terms, conditions, Plans and Specifications of this ITB.

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ADDENDA: No. to No. inclusive.

SECTION I RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES

The County reserves the right, pursuant to MCPCR 40-0390 to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Bidder’s responsibility to perform the Contract. Submission of a signed Bid shall constitute approval for the County to obtain any information the County deems necessary to conduct the evaluation. The County shall notify the apparent successful Bidder, in writing, of any other documentation required. Failure to promptly provide this information shall result in Bid rejection. The County may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility, as required under MCPCR 40-0390, shall render the Bidder non-responsible and shall constitute grounds for Bid rejection, as required under

MCPCR 40-0440.

I.1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS

The Bidder certifies to the best of its knowledge and belief that neither it nor any of its principals:

I.1.1 Are presently debarred, suspended, proposed for debarment, or declared ineligible from submitting bids or proposals by any federal, state or local entity, department or agency*;

I.1.2 Have within a three-year period preceding this Bid, been convicted or had a civil judgement rendered against them for: commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performance of a public (Federal, state or local) contract or subcontract;

violation of Federal or state antitrust statues relating to the submission of Bids; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, tax evasion, or receiving stolen property;

I.1.3 Are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of these offenses enumerated in paragraph 2 of this certification;

I.1.4 Have within a three-year period preceding this Bid, had one or more contracts terminated for default or failure to complete by any Federal, state or local public agency.

I.1.5 Have within a 10-year period preceding this Bid been the debtor in a bankruptcy case.

I.1.6 Have any present pending or unsatisfied judgements against it.

I.1.7 Have within a 10-year period preceding this Bid, been party to litigation, arbitration or mediation on a matter related to payment to subcontractors or work performance on a contract.

I.1.8 The Bidder shall provide immediate written notice to the County if at any time prior to contract award, the Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

Where Bidder is unable to certify to any of the statements in this certification, Bidder shall attach an explanation to this Bid. A certification that any of the items in the above paragraph exists will not

BS1788-26 - Woodburn Health Building Remodel Page 19 of 36 necessarily be considered in connection with a determination of the Bidder’s responsibility. *County reserves the right to reject offers of Bidders with CCB licenses showing a status of suspended within 24 hours of ITB due date.

I.2 BIDDER REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE

Bidder must provide references that can be contacted regarding the quality of workmanship and service provided to current and past customers.

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

The County may postpone the award or execution of the Contract after the announcement of the apparent successful Bidder in order to complete its investigation. The County may reject a bid if, the opinion of the County, overall reference responses indicate inadequate performance.

The County will make three attempts to contact the references from the list provided by the Contractor.

Each reference contacted will be asked the same questions, including but not limited to the above factors, including: (1) quality of service; (2) delivery; (3) responsiveness to reported problems, including orders and billing; (4) how well Contractor met the terms of the contract; and (5) whether the reference would choose to hire the Contractor again.

Contractor’s supervisor who is overseeing the work shall have experience on projects similar in both size and complexity and submit with the bid, references for three projects that were performed within the last three (3) years.

References provided for the Contractor’s supervisor may be the same three (3) references that are provided for the Contractor.

The list of references will include the following information:

• Name of Project

• Project Location

• Project Date

• Firm Name for Contact Person #1

• Name of Contact Person #1

• Telephone Number for Contact Person #1

• Firm Name for Contact Person #2

• Name of Contact Person #2

• Telephone Number for Contact Person #2

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Bidder must provide references with the bid that can be contacted regarding the quality of workmanship and service that the Contractor’s supervisor provided on current and past projects of similar size and complexity.

SECTION J RESERVED

SECTION K RESIDENCY INFORMATION

MCPCR 40-0390 states "In determining the lowest responsive Bid, the County shall, in accordance with Section 40-0200, add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides."

"Resident Bidder" means a Bidder who has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a "resident Bidder".(MCPCR 10-0110)

"Non-resident Bidder" means a Bidder who is not a resident Bidder, as defined above. (MCPCR 10-0110)

a. Check one: Bidder is a ( ) Resident Bidder ( ) Non-resident Bidder

b. If a Resident Bidder, enter your Oregon business address: ___________________________________

c. If a Non-resident Bidder, enter state of residency: ___________________________________________

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 County shall be entitled to withhold final payment under the Contract until Contractor has met this requirement.

SECTION L RETAINAGE

Retainage in the amount of five percent (5%) of the contract price of the work completed will be held by the County until such time as the project is completed and accepted by the County. Oregon law allows specific alternatives for the holding and accounting of this retainage at the option of the contractor.

FAILURE TO EXECUTE AND SUBMIT THIS FORM PRIOR TO EXECUTION OF THIS

AGREEMENT WILL RESULT IN THE AUTOMATIC SELECTION OF THE FIRST OPTION.

The Contractor may elect one of the following options in providing for retainage for the project.

(1) The County will withhold payment and invest the retainage in an interest-bearing account, established through the County, in a bank, savings bank, trust company or savings association for the benefit of the County. Interest on the account will accrue to the contractor. Funds in the account will be released to the Contractor within thirty (30) days of acceptance of the project.

(2) For contracts exceeding $500,000, the County will withhold payment and place amount deducted as retainage into an interest-bearing escrow account in a commercial bank or trust

BS1788-26 - Woodburn Health Building Remodel Page 21 of 36 company in the name of Marion County. The county will recover from Contractor any additional costs incurred through such election by reducing Contractor's final payment. Funds in the escrow account will be released to the Contractor within thirty (30) days of final acceptance of the project.

Interest on the account will accrue to the Contractor.

(3) No later than the contractor’s execution of the contract, the contractor will deposit acceptable bonds or securities, equal to at least five percent (5%) of the contract amount, with the County or with a bank or trust company in Oregon. The bank or trust company will provide a safekeeping receipt to the County. The securities must cover all of the retainage.

Name of Lending Institution: ____________________________

Acceptable Bonds and Securities to be Held in Lieu of Retainage:

(a) Bills, certificates, notes, bonds or other obligations of the United States, its agencies or its wholly owned corporations.

(b) Indebtedness of the Federal National Mortgage Association.

(c) General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon.

(d) Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008.

(4) The Contractor may, with approval of the County, deposit a surety bond for the benefit of the County, in a form acceptable to the County, in lieu of all or a portion of funds retained, or to be retained.

Name of Lending Institution: ____________________________

SECTION M CERTIFICATION OF COMPLIANCE WITH TAX LAWS

By my signature in Section P of this 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" are those tax laws imposed by ORS 320.005 to 320.150 and ORS 403.200 to 403.250 and ORS Chapters 118, 314, 316, 317, 318, 321 and 323; the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax laws administered by the Oregon Department of Revenue under ORS 305.620.

SECTION N CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS

N.1 QUALIFYING DRUG TESTING PROGRAM

Pursuant to MCPCR 40-0200 the…