Bid Notice-Silver Falls State Park North Gateway Visitor Center Project Interior Plumbing.pdf

State of Oregon

Invitation to Bid

Silver Falls State Park

North Gateway Visitor Center Project Interior Plumbing

Engineering Project No. 33084

ITB #14497

OregonBuys #S-63400-00017560

Oregon Parks and Recreation Department

Closing Date: August 13, 2026 Closing Time: 2:00 pm

Single Point of Contact (“SPC”): Bryant Hayes, Sr. Contract Specialist Email: bryant.hayes@oprd.oregon.gov Phone: 503-779-5566

This Invitation to Bid (“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 / ITB DOCUMENT AVAILABILITY for information regarding supplier registration and terminology used in the OregonBuys platform.

This document must be viewed electronically to access files, forms, provisions and any other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are otherwise unable to open any of the attached forms, Addenda, or other documents listed in the OregonBuys system may contact the Purchaser/Single Point of Contact (“SPC”) (see Section A.2) for alternative formats and any reasonable accommodations that might be needed.

ITB #14497 – North Gateway Visitor Center Interior Plumbing

TABLE OF CONTENTS

SECTION A PROJECT AND SOLICITATION SUMMARY

SECTION B DEFINITIONS

SECTION C INSTRUCTIONS TO BIDDERS

SECTION D AWARD

ATTACHMENT A BID PACKAGE FORMS

• FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

• FORM A-2: PRICING FORM

ATTACHMENT B TECHNICAL SPECIFICATIONS: Silver Falls State Park North Gateway Visitor

Center Project Interior Plumbing:

• ATTACHMENT B-1: Technical Specifications Division 01 dated July 6th, 2026, prepared by Oregon Parks and Recreation

• ATTACHMENT B-2: Technical Specifications Division 02 through 28 dated

June 1, 2026, prepared by Anderson Shirley Architects, Inc., Lewis Van

Fleet Structural Engineers, MSC Engineers, and MFIA Consulting

Engineers.

Attachment B is found as 2 separate documents on OregonBuys.

ATTACHMENT C PLANS AND DRAWINGS: Silver Falls State Park North Gateway Visitor Center Project Interior Plumbing:

• ATTACHMENT C-1: Architectural Plans and Drawings dated June 6, 2026, prepared by Anderson Shirley Architects Inc.

• ATTACHMENT C-2: Structural Plans and Drawings dated June 30, 2020, prepared by Anderson Shirley Architects Inc.

• ATTACHMENT C-3: Mechanical, Electrical, Plumbing Plans and Drawings dated June 1, 2026, prepared by Anderson Shirley Architects Inc.

Attachment C is found as 3 separate documents on OregonBuys.

ATTACHMENT D SAMPLE CONSTRUCTION CONTRACT

• ATTACHMENT D-1: SAMPLE CONSTRUCTION CONTRACT FORM

• ATTACHMENT D-2: PERFORMANCE BOND FORM

• ATTACHMENT D-3: PAYMENT BOND FORM

• ATTACHMENT D-4: GENERAL CONDITIONS, SUPPLEMENTAL

CONDITIONS AND CONTRACT

CLOSEOUT COMPLIANCE CHECKLIST

• ATTACHMENT D-5: INSURANCE REQUIREMENTS

ATTACHMENT E ADDITIONAL PROJECT REQUIREMENTS

• ATTACHMENT E-1: INADVERTANT DISCOVERY PLAN

Attachment E-1 is found as 1 separate document on OregonBuys.

SECTION A – PROJECT AND SOLICITATION SUMMARY

A.1 PROJECT DESCRIPTION

The purpose of this ITB is to establish a contract for the Silver Falls State Park North Gateway Visitor Center Project Interior Plumbing (the “Project”) for the benefit of the Oregon Parks and Recreation Department (the “Contract”). The work to be performed under the Contract shall consist of furnishing tools, equipment, materials, supplies, permits and manufactured articles; furnishing transportation and services, including fuel, power, water, and essential communications; and the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents (the “Work”).

The Work, includes, but is not limited to:

1. Domestic Water Systems – Supply Lines

2. Domestic Water System – Water Heater

3. Sanitary Waste & Vent Systems

4. Plumbing Fixtures & Equipment

A.2 SINGLE POINT OF CONTACT (“SPC”)

Any questions or issues that may arise regarding the ITB and its attachments, bidding process, change, clarification, award process, protests, and any other issues must be directed to the SPC identified below:

Bryant Hayes Bryant.hayes@oprd.oregon.gov 725 Summer St. NE Suite C Salem, OR 97301 503-779-5566

A.3 SOLICITATION SCHEDULE

All dates listed are subject to change. All times listed in this ITB and the OregonBuys are Pacific Standard Time (“PST”).

ACTIVITY SCHEDULE/DEADLINE

Voluntary Pre-Bid Conference See ITB Section A.10 below

Deadline for, requests for change, requests for clarification, requests for approval of equivalents, and questions

August 7, 2026 at 2:00 PM

Deadline for Bid Submittal (“Closing”)

August 13, 2026 at 2:00 PM

A.4 PROJECT SITE

North Gateway Visitor Center at 21125 Hullt Rd SE, Silverton OR 97381. The North Gateway Visitor is located at the north entry to Silver Falls State Park, across Highway 214 from the North Canyon Trailhead parking lot.

This project site is a State-owned public building. Criminal record checks (“CRC”) will be required (see also Attachment D-1). Aerosolizing, smoking or vaporizing when on the site is prohibited (see

ORS 433.845).

A.5 SITE ACCESS

Additional site access will not be provided.

A.6 RESERVED

A.7 KEY PROJECT DATES

PROJECT START DATE: Upon issuance of Notice to Proceed SUBSTANTIAL COMPLETION: October 1, 2027 FINAL COMPLETION: November 1, 2027 CONTRACT END DATE: One year from Substantial Completion

A.8 LIQUIDATED DAMAGES

Liquidated damages of $500.00 per calendar day will apply to the Contract resulting from this ITB for each day elapsed in excess of the Substantial Completion date and $500.00 per calendar day for each day elapsed in excess of the Final Completion date (see also Attachment D-1). If liquidated damages should become payable concurrently under any combination of liquidated damage rates, the rate that will be assessed will be the highest applicable rate.

A.9 PREVAILING WAGE RATES. Oregon Parks and Recreation is exempt from the Public Contracting Code (ORS 279A, 279B, and 279C) for purposes of this solicitation, including the prevailing wage requirements of ORS 279C.800 through ORS 279C.870.

A.10 VOLUNTARY PRE-BID CONFERENCE

A voluntary pre-bid conference will be held on August 5, 2026, at 11:00am (PST), located at North Gateway Visitor Center at 21125 Hullt Rd SE, Silverton OR 97381. The North Gateway Visitor is located at the north entry to Silver Falls State Park, across Highway 214 from the North Canyon Trailhead parking lot

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

BIDDERS ARE NOT REQUIRED TO ATTEND THIS VOLUNTARY PRE-BID CONFERENCE, BUT

WITH THE COMPLEXITY OF THIS PROJECT IT IS STRONGLY RECOMMENDED THAT BIDDERS

OR THEIR REPRESENTATIVE ATTEND.

A.11 PUBLIC OPENING

The public Opening will occur immediately following the Closing, unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public Opening. Award decisions will not be made at the public Opening.

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

A Microsoft Teams meeting will be held at 2:00 PM for the public Opening following the Closing. Be sure to have Microsoft Teams access available on your computer or mobile phone and follow the following link:

Join the meeting now:

https://teams.microsoft.com/meet/220002397891291?p=SmoiU4ReI3duZ1b5BQ Meeting ID: 220 002 397 891 291 Passcode: ca7Dc3mF

Dial-in by phone: +1 503-446-4951 Phone conference ID: 496 998 598#

SECTION B – 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" 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. The plural form of "Addendum" is "Addenda".

"Agency" means the Oregon Parks and Recreation Department (“OPRD”).

"Bid" means the Bidder’s written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award (see Section C.7.3 – Bid Package Requirements). Bid also means "Offer".

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

"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.

"Construction Contract” means a Contract governing an OPRD project for construction, reconstruction or major renovation on real property.

"DAS" means the Oregon Department of Administrative Services.

"Invitation to Bid" or "ITB" means this solicitation document, including all documents, whether attached or incorporated by reference, and any Addenda thereto, issued to invite Bids from prospective Contractors.

“OregonBuys” means the online electronic Oregon Automated Procurement System administered by DAS. The OregonBuys system website is located at: https://oregonbuys.gov/bso/

"Owner" means the State of Oregon acting by and through the Oregon Parks and Recreation Department.

"Plans and Drawings" referenced in this ITB means Attachment C – Plans and Drawings: Silver Falls State Park North Gateway Visitor Center Project Interior Plumbing:

• Architectural Plans and Drawings dated June 6, 2026, prepared by Anderson Shirley

Architects Inc.

• Structural Plans and Drawings dated June 30, 2020, prepared by Anderson Shirley Architects

Inc.

• Mechanical, Electrical, Plumbing Plans and Drawings dated June 1, 2026, prepared by

Anderson Shirley Architects Inc.

"Signature" means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature” under Oregon Revised Statute (“ORS”) Chapter 84.

"Specifications" and "Technical Specifications" referenced in this ITB means Attachment B – Technical Specifications: Silver Falls State Park North Gateway Visitor Center Project Interior Plumbing Division 01 dated 7/6/26 and Division 02-28 dated 6/1/26.

"State" means the State of Oregon.

"Writing" means letters, characters, and symbols inscribed on paper by hand, print, type, or other method of impression, intended to represent or convey particular ideas or meanings. "Writing" when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters, and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

SECTION C – INSTRUCTIONS TO BIDDERS

C.1 OREGONBUYS / ITB DOCUMENT AVAILABILITY

C.1.1 REGISTRATION REQUIREMENT. Bidders must be registered in OregonBuys to do business with the State. Registration is free. OregonBuys uses the terms Vendor and Supplier interchangeably to refer to any form of business entity registered in OregonBuys.

To create a supplier account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see Supplier Resources: https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx.

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

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

C.1.2 OBTAINING ITB DOCUMENTS. This ITB, any ITB attachments, and any Addenda and related notices (collectively the “Amendments”) may be downloaded from OregonBuys at:

https://oregonbuys.gov/bso. This ITB and any attachments will not be mailed to prospective Bidders.

In some cases, exhibits and attachments cannot be viewed or downloaded through OregonBuys. In these cases, the solicitation will include instructions on how to obtain these documents.

Bidders should contact the SPC for this ITB if they are unable to access solicitation documents via OregonBuys.

C.1.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within, this ITB 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” sections; and

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

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

C.1.4 EXPLANATION OF CERTAIN TERMS USED IN OREGONBUYS

• Amendment: Any form of notice posted on OregonBuys associated with the solicitation, such as intent to award or solicitation cancellation, including an “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1) (an addition to, deletion from, a material change in, or general interest explanation of a Solicitation Document). Amendments that serve as Addenda will be labeled as such.

• Bid Opening Date: The OregonBuys term for “Closing” as defined in OAR 137-046-0110(6) (the date and time specified in a Solicitation Document as the deadline for submitting Offers).

• Bid Solicitation: Refers to this Invitation to Bid (“ITB”).

• Purchaser: Refers to the SPC identified on the Cover Page of this ITB.

• Quote: Bid Package (see Section C.7).

C.2 SOLICITATION LAWS, RULES AND GENERAL CONDITIONS

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern this solicitation and contracting process are found in ORS 390.121 and OAR Chapter 736, Divisions 146 and 147. The Public Contracting Code (ORS 279A, B, and C) does not apply to this ITB and the resulting Contract pursuant to ORS 279A.025(3)(k) and ORS 279A.050(2) and (6)(d). However, this ITB and resulting Contract may necessarily incorporate certain requirements contained in the Public Contracting Code. Those references will, where applicable, apply only as clauses to this ITB and resulting Contract and are not to be construed as incorporating those or any other laws contained in those statutes.

C.2.1 OREGON DEPARTMENT OF PARKS AND RECREATION RULES (OAR Chapter 736, Divisions 146 and 147). Can be obtained online at:

https://secure.sos.state.or.us/oard/displayChapterRules.action

C.2.3 GENERAL CONDITIONS. In addition to the foregoing, this ITB and the resulting Contract are governed by the GENERAL CONDITIONS FOR OPRD CONSTRUCTION CONTRACTS (“General Conditions”) dated March 15, 2026which is incorporated herein and provided as Attachment D-4.

C.2.4 COMMITMENT TO DIVERSITY, EQUITY AND INCLUSION. The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority-owned, women-owned, emerging small, and veteran-owned businesses by reducing barriers to compete for and be awarded State contracts. All interested businesses are encouraged to submit Bids for this contracting opportunity. See also Executive Order No. 22-15.

C.3 BRAND NAME AND EQUIVALENTS

C.3.1 BRAND NAMES. This ITB (including Plans and Specifications) does not expressly or implicitly require any product by brand name or mark, nor does it require the product of any particular manufacturer or seller, unless otherwise specified within this ITB, it’s Exhibits, Attachments or other related documents.

C.3.2 EQUIVALENTS. This ITB (including Plans and Specifications) may identify products by brand name or equivalent (such as “approved equal”, “or equal”, “approved equivalent”, or “equivalent”, or similar language). In such case, Bidder may use either the (i) brand name product or (ii) an equivalent product.

An equivalent product is one approved in writing by Agency in its sole discretion upon finding that the proposed product satisfies Project needs for quality, utility, durability, function, and purpose.

C.4 REQUESTS FOR APPROVAL OF EQUIVALENTS, CLARIFICATION, OR CHANGE

C.4.1 REQUEST FOR APPROVAL OF EQUIVALENTS. Bidders may request approval of equivalents. Requests shall provide all the information necessary for Agency to determine product acceptability (see Section C.3.2). Requests shall reference any applicable Specification sections.

Agency will issue an Addendum identifying any approved equivalent products.

C.4.2 REQUEST FOR CLARIFICATION. Bidders may request clarification of any ITB requirements per the method provided in Section C.4.5 below.

C.4.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR

PLANS. Bidders may request changes to contractual terms, Plans, or Specifications. The request shall include a statement of the requested changes and the reason for the requested changes.

C.4.4 RESERVED.

C.4.5 METHOD OF SUBMITTING REQUESTS. Requests for approval of equivalents and clarification or changes of the ITB provisions shall be made in Writing via email to the SPC and marked as follows:

Email Subject Line: Bid Request for: Approval of Equivalents / Clarification / Change of ITB Provisions

Body of Email: ITB Number and Bid Opening Date

Requests must be received by the SPC by the deadline provided in the Solicitation Schedule (see Section A.3). Unless this specific deadline is extended by subsequent Addenda, no requests or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.4.6 RESPONSES. Agency will respond to properly submitted requests. Agency may post question and answer documents on OregonBuys for this solicitation to respond to inquiries when Agency determines, in its sole discretion, the answers do not effect changes to this ITB. Agency may also informally respond to Bidder questions, provided the answers do not effect changes to the ITB. When appropriate, including approval of equivalents, Agency will amend the ITB via Addendum.

Unless Agency amends the ITB by Addendum, a response from Agency does not change Plans, Specifications, contractual terms, or procurement requirements.

C.5 REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE OF ADDENDA

Requests for clarification and requests for change of Addenda shall be submitted per the method provided in Section C.4.5 and must be received by the time and date specified in the Addendum or they will not be considered. Agency will not consider requests of matters not addressed by the Addendum.

C.6 TRADE SECRETS

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.345 or confidential proprietary information under ORS 192.355, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS

192.311 through 192.513, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.” Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidders that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.7 BID PACKAGE SUBMISSION

C.7.1 BINDING OFFER. Bidder’s Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than 120 calendar days from the Bid Opening Date.

Agency may request that Bidder extend the time period during which Agency may consider and accept the Bid. If Bidder agrees to such an extension, the Bid shall continue as an irrevocable, and valid, Bid binding on the Bidder for the agreed-upon extension.

C.7.2 SUBMISSION REQUIREMENTS. The Bid Package must be submitted via OregonBuys.

Agency will reject submittals by any other means. Each electronic file or attachment must be clearly identified with the OregonBuys Bid Number. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidders shall make reasonable efforts to minimize the file size of attachments to 5 megabytes.

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

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

C.7.3 BID PACKAGE REQUIREMENTS

(1) Bidder Information and Certifications Form. Bidder must complete and submit Attachment A, Form A-1 in accordance with the form instructions.

(2) Pricing Form. Bidder must complete and submit Attachment A, Form A-2 in accordance with the form instructions.

C.7.4 SIGNATURES. All Bid forms requiring Signature must be signed by an authorized representative of the Bidder. Bidder agrees that any Signatures on documents submitted in response to this ITB via OregonBuys or email are Electronic Signatures under ORS Chapter 84, bind the Bidder, and are intended to be and can be relied upon by Agency.

C.7.5 TIMELINESS. Agency will use the time stamp on the submittal through OregonBuys to determine timeliness. Agency shall not be responsible for and will not accept late or misdelivered Bids, protests, or other submittals.

C.7.6 FAILURE OF ELECTRONIC SYSTEMS. Agency is not and shall not be held responsible for failure of any system that interferes with the ability of Bidders to submit Electronic Submittals, to protest or to otherwise participate in the ITB process. In the event of a failure of any electronic system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing an extension of time to the bid opening date.

C.7.7 HARD COPIES AND ORIGNALS. Agency reserves the right at any time to require the Bidder to submit hard copy originals of any documents included in an electronic Bid Package. Further, Agency reserves the right to require that the apparent successful Bidder promptly submit its complete original signed Bid to Agency.

C.8 BID MODIFICATION PRIOR TO THE BID OPENING DATE

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

Nothing in this Section 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.

Bidders shall not modify Bids after the Bid Opening Date.

C.9 BID WITHDRAWAL PRIOR TO THE BID OPENING DATE

If a Bidder wishes to withdraw a submitted Bid, the Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to Closing/Bid Opening Date and time specified in OregonBuys for this

ITB.

SECTION D – AWARD

Bids must be submitted in accordance with all instructions in this ITB prior to the Bid Opening Date specified in this ITB (see Section A.3, Solicitation Schedule). Bids received after the Bid Opening Date will not be considered for award.

D.1 PRELIMINARY BID RESULTS

Following public Opening (see Section A.11), Agency may post preliminary Bid results on the OregonBuys System. Such postings may not be correct and are not final. The posting of the preliminary Bid results is not a representation by Agency that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

D.2 METHOD OF AWARD

Provided Agency does not cancel the solicitation or reject all Bids, Award will be made to the responsible Bidder submitting the lowest responsive Bid based on compliance with conditions of this Invitation to Bid.

Bids will be calculated as follows.

(1) LUMP SUM. If the ITB requires a lump sum Bid, without additive or deductive alternates, or if Agency elects not to award additive or deductive alternates, Bids will be compared based on lump sum prices or lump sum base Bid prices, as applicable. If the ITB calls for a lump sum base Bid, plus additive or deductive alternates, the total Bid price will be calculated by adding to or deducting from the base Bid those alternates selected by Agency, for the purpose of comparing Bids.

(2) UNIT PRICE. If the Bid includes unit pricing for estimated quantities, the total Bid price will be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder and adjusting for any additive or deductive alternates selected by Agency, for the purpose of comparing Bids. Agency will specify within the ITB the estimated quantity of the procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price shall prevail over extended prices.

Agency may award by Bid item, groups of bid items or the entire Bid provided such award is in the public interest.

D.2.1 RESPONSIVENESS. For its Bid to be considered responsive, the Bidder must substantially comply in all material respects with the solicitation documents and requirements articulated therein.

Bids may be considered nonresponsive and rejected if the Bid:

• includes non-approved equivalents where approval is required;

• takes exception to the Specifications or Plans or contractual terms of the ITB;

• is contingent upon Agency’s acceptance of Specifications, Plans, or Contract terms that conflict with or are in addition to those advertised in this ITB; or

• is unreadable.

In making a responsiveness determination, Agency may waive minor informalities and Agency may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

However, Bidders may not supplement their Bids to provide for missing information.

D.2.2 RESPONSIBILITY. Prior to award of the Contract, Agency will evaluate whether the apparent successful Bidder is responsible. A responsible bidder must demonstrate to Agency that it: Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or has the ability to obtain the resources and expertise, necessary to meet all contractual responsibilities; Holds current licenses that businesses or service professionals operating in this state must hold in order to undertake or perform the work specified in the contract; Is covered by liability insurance and other insurance in amounts required in the solicitation documents; Qualifies as a carrier-insured employer or a self-insured employer under ORS 656.407 or has elected coverage under ORS 656.128; Completed previous contracts of a similar nature with a satisfactory record of performance;

Has a satisfactory record of integrity; Is legally qualified to contract with the Agency; and, Supplied all necessary information in connection with the inquiry concerning responsibility. If a bidder fails to promptly supply information concerning responsibility that the Agency requests, the contracting agency shall determine the bidder’s responsibility based on available information or may find that the bidder is not responsible.

Agency shall notify the apparent successful Bidder, in Writing, of any other documentation required for it to complete its responsibility inquiry, which may include, but is not limited to: recent profit-and-loss history, current balance statements, assets-to-liabilities ratio (including number and amount of secured versus unsecured creditor claims), availability of short and long-term financing, bonding capacity, credit information, material, equipment, facility and personnel information, performance record of Contract performance, and similar information. Submission of a signed Bid shall constitute approval for Agency to obtain any information Agency deems necessary to conduct the evaluation.

Failure to promptly provide this information shall result in Bid rejection. Agency may postpone the

Award of the Contract to complete its investigation and evaluation.

D.3 REJECTION OF BIDS

D.3.1 REJECTION OF ALL BIDS. Agency may reject all Bids for good cause upon its finding that it is in the public interest to do so. Agency will issue written findings if all offers are rejected.

D.3.2 LIQUIDATED AND DELINQUENT DEBT. Agency may reject a particular Bid if a Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

D.3.3 REJECTION OF PARTICULAR BIDS. Agency may reject a particular Bid that:

• is contingent on the Contracting Agency’s acceptance of terms and conditions (including Specifications) that differ from the Solicitation Document;

• Takes exception to terms and conditions (including Specifications);

• Attempts to prevent public disclosure of matters in contravention of the terms and conditions of

Solicitation Document or in contravention of applicable law;

• Offers Work that fails to meet the Specifications of the Solicitation Document;

• Is late;

• Is not in substantial compliance with the Solicitation Documents.

D.4 FINAL AWARD AND PROTEST.

Following Bid Closing, Agency may proceed with Award of the contract. In such circumstance, Agency will provide a written notice to all Bidders who submitted a Bid, identifying the Contractor to whom Agency intends to Award a Contract (Award Notice).

Any Bidder who submitted a Bid in response to this ITB may protest the Award by submitting a protest to the Agency within five Days following the date of the Award Notice. Agency will not consider a Bidder’s protest submitted after the timelines specified for submission in this ITB.

The Award protest must be in writing, received by the Agency by the time set forth in the ITB, and provide relevant information that:

(A) demonstrates all lower Bids are ineligible to receive the Award because they are not responsive; or

(B) demonstrates Agency committed a material violation of a provision in the Solicitation Document or of an applicable statute or administrative rule that resulted in prejudice to the Bidder that caused Agency to not issue an Award to that Bidder.

Agency’s Procurement Manager or designee will review each timely-submitted Award protest and will issue a written response to the Bidder within five business days following the Agency’s receipt of the protest.

The Agency’s written response may include the Procurement Manager’s or designee’s decision affirming or denying the Award protest, a notice to the Bidder that Agency needs additional time to evaluate the protest, or a request for additional information from the Agency that the Agency may need to evaluate the protest. The Agency will issue a follow-up response to the Bidder within a reasonable time following the Agency’s notice to the Bidder that the Agency needs additional time to evaluate the Award protest or following Agency’s receipt of the additional information Agency has requested from the Bidder.

Judicial review of the Agency’s protest decision will be available if provided by statute.

D.5 INFORMATION TO BE SUBMITTED BY THE AWARDED BIDDER

The Awarded Bidder shall provide the following required documents to Agency:

• Proof of Insurance. Awarded Bidder shall furnish proof of insurance meeting the requirements provided in Attachment D-5.

• Performance and Payment Bonds. Using the forms provided in Attachment D-2 and

Attachment D-3 and pursuant to the General Conditions, the Awarded 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.

• W-9 Form. When requested by Agency or when the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any, Awarded Bidder shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form. The W-9 form is available at: http://www.irs.gov/pub/irs-pdf/fw9.pdf.

Failure to present the required documents within 7 days of the Award Notice (see Section D.4) may result in revocation of award Should Awarded Bidder, working in good faith, be unable to meet the required timeframes set forth in this Section, Bidder shall, in Writing via email to SPC, explain the circumstances and request an extension for the number of days needed to achieve compliance, which Agency, in its sole discretion, may allow.

D.6 EXECUTION OF CONSTRUCTION CONTRACT

Agency will provide Awarded Bidder with the finalized Contract documents, which Awarded Bidder shall execute within the timeframe specified by the SPC.

D.7 REVIEW OF SOLICITATION FILES

Completed solicitation files are available for public review at Agency by appointment during regular business hours (Monday through Friday) or as otherwise arranged.

ATTACHMENT A

BID PACKAGE FORMS

• FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

• FORM A-2: PRICING FORM

FORM A-1 — BIDDER INFORMATION AND CERTIFICATIONS FORM

ITB S-63400-00017560

Silver Falls State Park

Note to Bidders: If additional space or lines are needed attach an additional page to the end of the form.

Business Name: [ ]

Is Bidder authorized to transact business by the Oregon Secretary of State? Yes ☐ / No ☐

• If yes, provide business registry number or otherwise describe authorization:

Business Owner(s) Name: [ ]

Business Address: [ ]

Telephone Number: [ ]

Email Address: [ ]

Federal Employer Identification Number (“FEIN”) Number: [ ]

Bidders must be licensed with the State of Oregon Construction Contractors Board (“CCB”) prior to bidding on Construction Contracts. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN BID REJECTION. Contractor certifies that each of its subcontractors participating in the Project will be similarly registered with the CCB before each subcontractor commences Work under the Contract.

CCB REGISTRATION NO.: [ ]

EXPIRATION DATE OF CCB NO.: [ ]

Contract Authorized Representative Name: [ ]

If Bidder is a joint venture or partnership, the individual named above must be authorized to sign on its behalf and execute agreements. Additionally, upon request, Bidder 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 venture or partnership.

SUBCONTRACTORS CERTIFIED UNDER ORS 200.055

Agency promotes and applies a policy of diversity, equity, and inclusion in public contracting by engaging in efforts to increase public contracting opportunities for businesses and enterprises that the Certification Office for Business Inclusion and Diversity has certified under ORS 200.055.

Provide the company name(s) of any subcontractor certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, an emerging small business, or a veteran-owned business, that Bidder intends to utilize in the performance of this Contract.

Name: [ ]

Name: [ ]

Name: [ ]

Name: [ ]

Name: [ ]

RESPONSIBILITY INQUIRY

Bidder may add additional lines to this section and form as needed to provide the required information.

1. Does Bidder have available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities?

Yes ☐ / No ☐

2. Within the last 5 years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party? Number of contracts: [insert #]

How many contracts did not meet those standards? Number of contracts: [insert #]

If any contracts did not meet those standards, please provide an explanation:

Has Bidder been debarred or otherwise disqualified from bidding on contracts by any state, local, or federal agency under any state or federal law? Yes ☐ / No ☐

If yes, please provide an explanation:

3. Within the last 3 years, has Bidder had:

a. any contracts terminated for default by any government agency, or

b. any lawsuits filed against it by creditors or involving contract disputes?

If yes, please provide an explanation: (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

4. Within the last 3 years has Bidder been criminally or civilly charged, indicted, or convicted in connection with:

a. obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract,

b. violation of federal or state antitrust statutes relating to the submission of Bids or Proposals, or

c. embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property?

If yes, indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges below:

Does Bidder have any outstanding or pending judgments against it? Yes ☐ / No ☐

5. Is Bidder experiencing financial distress or having difficulty securing financing?

6. Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period?

If no, please provide an explanation:

Within the last 3 years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it?

If yes, provide the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable:

Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? Yes ☐ / No ☐

If no, please provide an explanation:

7. Pay Equity Certificate. This certificate is required if Bidder employs 50 or more full-time workers and the resulting Contract price is estimated to exceed $500,000. Does a current authorized representative of Bidder possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services?

Yes ☐ / No ☐ / Not Applicable ☐

[If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see Proposal” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

Does Bidder have documented diversity, equity and inclusion values and practices as required pursuant to Executive Order 22-15? Yes ☐ / No ☐

8. Within the last 3 years has the Offeror, or any officer, partner, agent or employee of Offeror been found to have violated any state or federal prevailing wage statute or regulation (including the federal Davis-Bacon and related Acts and ORS 279C.800 – ORS 279C.870) in any Final Order of the Oregon Bureau of Labor and Industries or the United States Department of Labor, or by any court of competent jurisdiction?

If yes, provide copies of the final order(s) or judgment in which this occurred and explain in detail:

(a) The circumstances behind any violation, including the amount(s) not paid

(b) Whether the amount(s) have now been paid

(c) The reasons for the violation

(d) All efforts undertaken to ensure that future violations will not occur

Response:

RECORD OF SATISFACTORY PERFORMANCE

Bidder must demonstrate that it has completed previous contracts of a similar nature with a satisfactory record of performance. Bidder shall provide the information below for 3 different projects completed within the last 3 years that demonstrate Bidder’s experience with projects of similar size, scope, and complexity to the Project that is the subject of this ITB. Bidder must provide contact information for the individual who can describe the quality of workmanship and service that the Bidder provided on current and past projects of similar size and complexity.

Agency reserves the right to choose and investigate any contact or reference (whether or not furnished by the Bidder), and to investigate past performance 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.

Bidder may add additional lines to this form as needed to provide the required information.

Project #1

Description of Project: [ ]

Project Location: [ ]

Project Date: [ ]

Contract Amount: [ ]

Project Owner: [ ]

Project Contact: [name], [phone], [email]

Did the project owner ever find that you were materially deficient in contract performance?

If yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did you take appropriate corrective action? Please provide an explanation:

Did you stay within the contract time and budget to the extent the costs associated with and time available to perform a previous contract were within your control? Yes ☐ / No ☐

Project #2

Description of Project: [ ]

Project Location: [ ]

Project Date: [ ]

Contract Amount: [ ]

Project Owner: [ ]

If yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did

Project #3

Description of Project: [ ]

Project Location: [ ]

Project Date: [ ]

Contract Amount: [ ]

Project Owner: [ ]

If yes, (i) was the deficient performance expressly excused under the terms of the contract, or (ii) did

CERTIFICATIONS OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE

THIS BID MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER

The undersigned acknowledges, attests, and certifies individually and on behalf of the Bidder that:

(1) The undersigned is a duly authorized representative of the Bidder, has been authorized by

Bidder to make all representations, attestations, and certifications contained in this Bid and all Addenda, if any, issued;

(2) Bidder, acting through its authorized representatives, has read and understands all Bid instructions, Specifications, Plans, terms and conditions contained in this Bid document (including all listed attachments and Addenda, if any, issued);

(3) The Bid submitted is in response to the specific language contained in the ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously issued ITB, if any;

(4) The State shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder’s failure to comprehend all requirements of the

ITB;

(5) The State shall not be liable for any expenses incurred by Bidder in preparing and submitting its

Bid or in participating in the Bid evaluation/selection process;

(6) RESERVED

(7) The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty;

(8) Bidder is bound by and will comply with all requirements, Specifications, Plans, terms and conditions contained in this Bid (including all listed attachments and Addenda, if any, issued);

(9) Bidder will furnish the designated item(s) or service(s) in accordance with the Specifications, Plans and requirements, and will comply in all respects with the terms of the resulting Contract upon award;

(10) Bidder represents and warrants that Bidder has the power and authority to enter into and perform the Contract and that the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms;

(11) Bidder has no undisclosed liquidated or delinquent debt owed to the State or any department or agency of the State;

(12) If awarded a Contract, Bidder agrees that at the time of Contract execution it shall demonstrate that an employee drug testing program is in place pursuant to the General Conditions (Attachment D-4);

(13) Bidder is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon tax laws” means (i) all tax laws of this state, including but not limited to ORS 305.380(4), ORS 305.620 and ORS chapters 316, 317, and 318; and (ii) any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor; and (iii) any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions;

(14) Bidder has not discriminated and will not discriminate against any disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or veteran-owned business (as those terms are defined in ORS 200.005), in obtaining any required subcontracts;

(15) Bidder has a written policy and practice that meets the requirements described in ORS

279A.112 for preventing sexual harassment, sexual assault and discrimination against employees who are members of a “protected class”; and

(16) All affirmations and certifications contained within the Bid, including those in this Bidder

Information and Certification Form and the Pricing Form, are true and correct.

ACKNOWLEDGMENT OF ADDENDA

(must be completed by Bidder as a matter of responsiveness)

Bidder acknowledges and agrees: (select one option)

☐ Addenda No. [insert #] to No. [insert #] have been issued for this ITB.

☐ Addenda have not been issued for this ITB.

If addenda have been issued, Bidder has received and duly considered all addenda. Bidder acknowledges and agrees to the terms of all such Addenda as those terms revise the terms, conditions, Plans and Specifications of this ITB.

SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE

(Legal Business Name)

(Authorized Representative Name) (Title)

(Authorized Representative Signature) (Date)

FORM A-2 — PRICING FORM

ITB S-63400-00017560

Silver Falls State Park

Interior Plumbing

PRICING SUBMITTAL INSTRUCTIONS:

Bidder shall enter pricing and other required information for all Bid Items listed in this Pricing Form. If this Pricing Form is replaced by Addendum, Bidders shall use the Addendum form to provide pricing and other required information. If the Pricing Form is only modified by Addendum, Bidders shall follow the instructions in the Addendum for making modifications to the Pricing Form. Failure to supply the required information in the Pricing Form, as modified by subsequent Addenda, may result in Bid rejection as nonresponsive.

All Work described in the Contract Documents but not specifically itemized in the Pricing below is considered incidental to the Work, and Bidder agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all incidental Work at no additional cost to the Agency.

Contractor shall furnish all temporary facilities such as power, lights, heat, telephone, potable water, portable toilets, and job office as needed to perform the Work at no additional charge to the Agency.

No. Bid Item Quantity Unit Unit Price Total Price

A1 Domestic Water Systems – Supply Lines 1 LS

A2 Domestic Water Systems – Water Heater 1 LS

A3 Sanitary Waste & Vent Systems 1 LS

A4 Plumbing Fixtures & Equipment 1 LS

TOTAL BID (Lines from A1 through A4) $

NOTE: Bid price is total contract price including contractor’s profit and overhead. Items not explicitly listed in the bid schedule above are considered incidental.

The undersigned understands that the State reserves the right to increase or decrease the above quantities at the same unit prices as shown or to remove items as necessary to meet budgetary constraints. The undersigned has carefully examined the Contract Documents and the site of the work, and agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all operations shown and specified in accordance with the Contract Documents for the price(s) set herein.

Bid submitted by:

(Legal Business Name)

FORM A-3 — BID SECURITY FORM

OREGON PARKS AND RECREATION DEPARTMENT

BID BOND

We,_____________________ , as “Principal,” (Name of Principal) and [_______________], a Corporation, (Name of Surety) authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto the State of Oregon (“Obligee”) the sum of ($_________________) dollars.

WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or bid to an agency of the Obligee in response to Obligee’s procurement document (No.______ ) for the project identified as:

[_______________] which proposal or bid is made a part of this bond by reference, and Principal is required to furnish…