CMC ITB 2023-2 - HVAC Replacement Project.pdf

CLACKAMAS CHARTER ALLIANCE d/b/a

CLACKAMAS MIDDLE COLLEGE

Invitation to Bid # 2023-2

HVAC REPLACEMENT PROJECT

BID CLOSING DATE AND TIME:

Tuesday, March 28, 2023 3:00 PM PT

PROJECT SUMMARY

ITB PURPOSE:

The purpose of the ITB is to establish a Contract for HVAC Replacement for the benefit of Clackamas Charter Alliance d/b/a

Clackamas Middle College (“CMC”). The Work contemplated under this Contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all construction Work in connection with the project described in the ITB and the Contract Documents.

PROJECT DESCRIPTION:

This Project will consist of replacing three (3) existing roof -top HVAC units of 6-ton, 7.5 ton and 12.5 ton with new HVAC units. This Project also consists of replacing the one (1) split system serving two classrooms with two (2) new units to serve each classroom as well as installation of new ventilation system for the two (2) classrooms.

CMC has also issued an Invitation to Bid for a Roof Replacement Project (ITB 2023-1). The successful Offeror may need to confer and coordinate services with the successful Offeror on ITB 2023-1.

PROJECT FUNDING:

This Project is anticipated to be funded with a combination of CMC’s general funds and bond financing. Award is dependent upon

CMC’s receipt of sufficient Project funding.

NOTE THE FOLLOWING:

1. OFFEROR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE CONTENTS OF THIS SOLICITATION. PLEASE READ

AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE SUBMITTING YOUR OFFER.

2. THE RESULTING CONTRACT HAS THE POTENTIAL TO EXCEED $25,000.00 AND IS FEDERALLY FUNDED:

YES ☐ NO X

IF YES, OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:

1. PROVIDE A DATA UNIVERSAL NUMBERING SYSTEM (“DUNS”) NUMBER ON YOUR OFFER:

IF YOU NEED TO OBTAIN A DUNS NUMBER PLEASE GO TO THE FOLLOWING WEBSITE VIA THE LINK

PROVIDED BELOW:

http://fedgov.dnb.com/webform

2. EXCLUDED PARTIES LIST (“EPLS”) SEARCH COMPLETED BY OMD:

THE APPARENT SUCCESSFUL OFFEROR MUST BE CLEARED (“NO RESULTS” ON THE SEARCH) THROUGH THE

EPLS SYSTEM TO BE ALLOWED TO RECEIVE A FEDERALLY FUNDED CONTRACT. FOR INFORMATION

CONCERNING EPLS YOU MAY ACCESS THE WEBSITE VIA THE LINK PROVIDED BELOW:

https://www.sam.gov/portal/SAM#1

PROJECT ESTIMATE:

The following range is a project estimate for bonding purposes only: $200,000 to $300,000

SOLICITATION SCHEDULE

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

ACTIVITY SCHEDULE/DEADLINE

Optional Pre-Bid Conference Monday, March 20, 2023 2:00 PM PT Deadline for solicitation protests, requests for change, requests for clarification, requests for Brand name/product substitutions, and questions

Wednesday, March 22, 2023 2:00 PM PT

Bid Closing Date and Time Tuesday, March 28, 2023 3:00 PM PT

Bid Opening Tuesday, March 28, 2023 3:30 PM PT

First Tier Subcontractor Disclosure Within 2 hours of Bid Closing Date and Time

Deadline for Award protest See ITB section C.20 http://fedgov.dnb.com/webform https://www.sam.gov/portal/SAM#1

PROJECT COMPLETION DATES:

PROJECT START DATE: 10 calendar days from issuance of NTP

SUBSTANTIAL COMPLETION: 80 calendar days from issuance of NTP

FINAL COMPLETION: 100 calendar days from issuance of NTP

SECTION A - TABLE OF CONTENTS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS

SECTION D BID SECURITY REQUIREMENTS

SECTION E PREVAILING WAGE RATES (BOLI REQUIREMENTS)

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

SECTION G CONSTRUCTION CONTRACTORS BOARD (CCB) REGISTRATION

REQUIREMENTS; ASBESTOS ABATEMENT LICENSING REQUIREMENTS;

AND JOINT VENTURE - PARTNERSHIP REQUIREMENTS

SECTION H ADDENDA ACKNOWLEDGMENT

SECTION I RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES

SECTION J RECYCLED PRODUCTS

SECTION K RESIDENCY INFORMATION

SECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION M CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS:

SECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION

SECTION O SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

EXHIBIT 1 BID SCHEDULE 309

EXHIBIT 2 BID SECURITY FORM

EXHIBIT 3 PERFORMANCE BOND FORM

EXHIBIT 4 PAYMENT BOND FORM

EXHIBIT 5 PUBLIC IMPROVEMENT CONTRACT

ATTACHMENT A STATEMENT OF WORK

ATTACHMENT B INSURANCE REQUIREMENTS

ATTACHMENT C CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

ATTACHMENT D FLOOR PLAN

SECTION B - DEFINITIONS

B.1 DEFINITIONS: Together with the Definitions found in the Contract, the following definitions apply to this ITB and the resulting Contract.

B.1.1 "Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Offerors in accordance with OAR 137-049-0250. The plural form of “Addendum” is “Addenda.”

B.1.2 "Agency" or “Owner” means the Clackamas Charter Alliance d/b/a Clackamas Middle College (“CMC”).

B.1.3 "Bid" means the Offeror's written offer submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

B.1.4 "Bidder" means an individual, organization or representative of an organization that submits a Bid in response to an ITB.

Bidder also means "Offeror”.

B.1.5 "Closing" (referred to Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

B.1.6 “DAS” means the Oregon Department of Administrative Services, acting through Enterprise Goods and Services Division, Procurement Services.

B.1.7 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.1.8 "Opening" means the date/time set to read the Bid submittals.

B.1.9 "OregonBuys” means on-line electronic Automated Oregon Procurement System administered by the State’s Department of Administrative Services. OregonBuys website is located at: https://oregonbuys.gov/bso/

B.1.10 "State" means the State of Oregon.

B.1.11 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings. For Sections A through C of this ITB, unless a hard copy is specified as required, email will satisfy a Written/In Writing requirement.

SECTION C - GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS

C.1 GENERAL INFORMATION

C.1.1 OPTIONAL PRE-BID CONFERENCE

C.1.1.1 A non-mandatory pre-bid conference will be held at 2:00PM (PT) Monday, March 20, 2023, at the Project site located at 12021 SE 82nd Avenue, Happy Valley, OR 97086.

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 CMC and posted on OregonBuys.

C.1.2 ADDITIONAL SITE ACCESS

There will be no additional site access for Bidders to view site conditions.

C.1.1 SINGLE POINT OF CONTACT

The single contact point for questions regarding the ITB, forms, Specifications, Plans, requests for brand approval, requests for substitution, bidding process, change, clarification, the award process, protests and any other issues that may arise, is Brian Sien, who can be contacted at sienb@nclack.k12.or.us. All communication shall be via email.

C.1.2 ENGINEER AND CONSULTANT INFORMATION

The following is a list of any engineers and consultants used on this project. This list is for informational purposes only. Offerors are prohibited from contacting these engineers and consultants during the solicitation process, unless otherwise authorized in this ITB.

N/A

C.1.3 INVITATION TO BID DOCUMENT AVAILABILITY:

C.1.3.1 REGISTRATION REQUIREMENT: This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance. Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. CMC shall not be responsible for defective registration or incorrect vendor information.

C.1.3.2 Explanation of Terms used in OregonBuys.

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

“Available Date” ITB issue date for this ITB in OregonBuys.

“Bid Opening Date” means “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation.

“Bid Solicitation” means any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys

“Quote” means any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation.

“Vendor” means any form of business entity registered in OregonBuys.

mailto:sienb@nclack.k12.or.us https://oregonbuys.gov/bso

C.1.3.3 OBTAINING ITB DOCUMENTS: ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

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

C.1.3.4 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

Details entered in the Header Information section;

All ITB Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

C.1.4 TRADE SECRETS:

Any information Offeror submits in response to the ITB that Offeror considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Offeror wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192." Offerors 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 Offerors that is already in the public domain is not protected. CMC shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. CMC shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

C.1.7 SOLICITATION LAW, RULES AND GENERAL CONDITIONS:

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 Statues, and Divisions 46 and 49 of the Administrative Rules of the Oregon Department of Justice. The ITB and resulting Contract may be subject to other laws and rules. Offerors should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.7.1 OREGON REVISED STATUES (ORS Chapters 279A and 279C) - Can be obtained from Legislative Counsel Committee, S101 State Capitol, Salem, OR 97310-0630. Phone (503) 378-8146, or on line at:

https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx

C.1.7.2 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES - (OAR Chapter 137, Divisions 46 and 49) - Can be obtained on line at: https://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx

C.1.8 BRAND NAME USAGE:

C.1.8.1 BRAND NAME: Any brand name listed in the specifications without an "or equal" "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the brand named is not mandated pursuant to a brand name exemption.

C.1.8.2 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.1.8.3 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.

https://oregonbuys.gov/bso https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx https://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx

CMC shall determine, in its sole discretion, whether a product offered is "or approved equal.”. This determination shall not absolve the requesting Offeror of sole liability related to the proposed product’s failure to meet the specified requirements.

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 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: Requests for brand approval, requests for substitution, requests for clarification, requests for change, and Bid protests must be made in Writing via email to the Single Point of Contact as identified in Section C.1.1 with the Subject Line as follows:

ITB No. 2023-2 Bid Request for Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest and must be received by 2:00 P.M. (PT) on March 22, 2023. 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 and time specified herein.

C.2.3 REQUEST FOR APPROVAL OF AN "OR APPROVED EQUAL" OR AN "OR APPROVED EQUIVALENT": Pursuant to Section C.1.8.3, Offerors 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 must be made in accordance with C.2.2.

Requests shall provide all the information necessary for CMC 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 CMC and posted on OregonBuys.

C.2.4 REQUEST FOR CLARIFICATION: Any Offeror that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents or has doubt as to the meaning, may make a request for clarification or information in accordance with C.2.2.

C.2.5 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS: Any Offeror may submit a request for changes to contractual terms, Plans, or Specifications in accordance with 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 Offeror who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, in accordance with C.2.2. The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Offeror 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 CMC determines should be handled by formally amending the ITB, CMC will do so only by announcing such a change in an Addendum posted on OregonBuys, not through information identified as “clarification.”

C.2.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE AND PROTESTS: CMC will promptly respond to each properly submitted written request for brand approval, request for substitution, request for change, and protest. Where appropriate, CMC will issue ITB revisions via Addenda posted on the OregonBuys. CMC may also informally respond to Offeror 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 CMC AND POSTED ON OREGONBUYS.

C.3 PROTEST OF ADDENDA; REQUESTS FOR CLARIFICATION 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. CMC will not consider requests or protests of matters not added or modified by the Addendum.

C.4 OFFER FORMAT

C.4.1 IN WRITING: Offers and pricing information must be in Writing, prepared by typewriter, ink or by computer, and must be signed in blue or black ink, or electronically, by an authorized representative of the Offeror.

C.4.2 FORMS TO BE USED: Required information shall be submitted on the forms specified in the ITB. Any information Offeror submits that is not required to be included on forms prescribed by CMC shall be formatted in the manner called for in the ITB and submitted on Offeror's letterhead.

C.4.3 INFORMATION TO BE SUBMITTED WITH THE OFFER: The items listed below in this section shall be submitted or the Offer shall be found to be non-responsive.

The following shall be submitted prior to Closing:

Bid Schedule 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 O;

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.5 OFFER SUBMISSION

C.5.1 SIGNATURE REQUIRED: OFFER SUBMITTED BY OFFEROR MUST CONTAIN A BLUE OR BLACK WET-INK, OR ELECTRONIC, SIGNATURE. FAILURE TO SUBMIT AN OFFER CONTAINING A BLUE OR BLACK WET-INK, OR

ELECTRONIC, SIGNATURE WILL RESULT IN REJECTION OF THE BID.

C.5.2 METHOD OF SUBMISSION

Offers may be submitted either (i) in sealed packages or envelopes in accordance with Section C.5.2.1, or (ii) via email in accordance with Section C.5.2.2. CMC shall not be responsible for the proper handling of any Offer not properly identified, marked and submitted in a timely manner.

C.5.2.1 SUBMISSION BY SEALED ENVELOPE. Offers submitted in sealed packages or envelopes shall be clearly marked as follows:

ITB No: 2023-2 HVAC Replacement Project Closing Date & Time:

Clackamas Middle College Attn: Brian Sien

12021 SE 82ND Avenue Happy Valley, OR 97086

[Bidder’s Name and Address]

C.5.2.2 SUBMISSION BY EMAIL. Offers submitted via email shall be delivered to the Single Point of Contact with a Subject line as follows.

ITB No. 2023-2 HVAC Replacement Project– Submission of Offer [Bidder’s Name]

C.6 BID MODIFICATION PRIOR TO CLOSING/BID OPENING DATE:

Offers, once submitted, may be modified in writing before Closing. Modifications made after Offer submission shall be prepared on Offeror's letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Offer.

Failure to comply with the provisions of this paragraph of this Section will result in Bid rejection.

C.6.1 Nothing in this Section shall be construed as allowing the Offeror 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.6.2 Modifications may be submitted either (i) in a sealed envelope addressed to the Single Point of Contact and marked as follows:

Bid Modification ITB No. 2023-2 HVAC Replacement Project Closing Date Closing Time or (ii) via email to the Single Point of Contact with the Subject Line as follows: “Bid Modification – ITB No. 2023-2 HVAC Replacement Project”

C.6.3 Offerors may not modify Offers after Closing.

C.7 OFFER WITHDRAWALS PRIOR TO CLOSING

C.7.1 IN WRITING: Offers may be withdrawn in writing when submitted on Offeror's letterhead, signed by an authorized representative, and received by CMC prior to Closing date and time. Offer withdrawals submitted in Writing must be labeled as such and contain the ITB number.

C.7.2 IN PERSON: Offers may also be withdrawn in person before Closing upon presentation of appropriate identification and evidence of authorization to act for Offeror. Signature confirmation of withdrawal may also be required.

C.7 CLOSING & OPENING / FIRST TIER SUBMITTAL

C.7.1 CLOSING: Offers must be received by the Single Point of Contact prior to the Closing Date/Time. Offers 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. Verbal, telegraphic, or telephonic offers will not be allowed or accepted. Facsimile offers will not be allowed or accepted. Failure to comply with this requirement will result in rejection of the Offer as non-responsive.

Offers will be publicly opened and read at the Opening date/time specified on page one (1) of the ITB, at Clackamas Middle College, 12021 SE 82nd Avenue, Happy Valley, OR 97086. Only the name of the Offeror(s) and the bid amounts will be read at the Opening. It is optional for Offerors to attend the Opening. Award decisions will not be made at Opening. Bids received after the Closing Date/Time will not be considered for award.

C.7.2 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: First tier subcontractor disclosure forms must be returned and date/time stamped within two working hours after the Closing Date/Time to the Single Point of Contact. Failure to comply with this requirement shall result in rejection of the Offer as non-responsive.

C.8 PRELIMINARY BID RESULTS

Prior to the Intent to Award Announcement, CMC may post preliminary bid results on OregonBuys. Such postings may not be correct and are not final.

C.9 TIME FOR OFFER ACCEPTANCE

An Offeror's Offer is a firm Offer, irrevocable, valid and binding on the Offeror for not less than sixty (60) calendar days from the Closing date.

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

CMC may request, orally or in writing, that Offerors extend, in writing, the time during which CMC may consider their Offers. If an Offeror agrees to such extension, the Offer shall continue as a firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period.

C.11 METHOD OF AWARD

The responsiveness of Bids and responsibility of Offerors 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. CMC reserves the right to reject all Bids.

C.12 SUBSTANTIAL COMPLIANCE REQUIRED

Offers not in substantial compliance with ITB requirements cannot be considered, and cannot be supplemented by submissions delivered after Closing. However, CMC 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 OFFER EVALUATION CRITERIA

Offers will be evaluated to identify the lowest responsive Offer submitted by a responsible Offeror and not otherwise disqualified.

(Refer to OAR 137-049-0390) Adjustments made to account for reciprocal preferences will be for Offer evaluation purposes only. No such adjustments shall operate to amend Offeror's Offer or any Contract awarded pursuant thereto.

C.13.1 RESPONSIVENESS: For its Bid to be considered responsive, the Offeror must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. In making such evaluation, CMC may waive minor informalities and irregularities.

C.13.2 RESPONSIBILITY: Prior to award of a Contract, CMC will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, CMC may investigate Offeror and request information in addition to that already required in the ITB, when CMC, 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 otherwise equal; and, solely for the purpose of evaluating Bids, CMC will add a percent increase to the Bid of a non-resident Bidder equal to the percentage, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Offeror is from a state that grants a ten (10) percent preference to local Offerors, CMC will add ten (10) percent to that Offeror's Offer price (OAR 137-046-0300, 137-046-0310, and 137-049-0390).

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 CMC that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.15 [RESERVED]

C.16 REJECTION OF OFFERS

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

C.16.2 REJECTION OF PARTICULAR OFFERS: CMC may reject a particular Offer for any of the reasons listed under OAR 137- 049-0440.

C.17 INTENT-TO-AWARD

CMC reserves the right to announce its intent to award prior to formal Contract award by posting the tabulation sheet of Bid results and notice of intent to award on OregonBuys. The Intent-to-Award shall serve as notice to all Offerors that CMC intends to make an award.

C.18 PROTEST OF INTENT TO AWARD

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

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

C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS

CMC will respond to intent-to-award protests received in Writing from adversely-affected or aggrieved Offerors. CMC may also respond to intent-to-award protests submitted by other Offerors for purposes of clarification. However, any response provided by CMC is not intended to, and shall not in and of itself constitute, confirmation that the Offeror 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, CMC will proceed with final Contract award. (If CMC receives only one Bid, CMC 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 CMC has issued a Notice to Proceed.

C.22 REVIEW OF AWARDED BID FILES

Upon issuance of the Intent-to-Award, Bid files will be available for review in accordance with Oregon Public Records Law at CMC by appointment with the Single Point of Contact during regular business hours.

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

C.23.1 INSURANCE: The apparent successful Offeror shall provide all required proofs of insurance to CMC within ten (10) calendar days of notification of Intent to Award. Failure to present the required documents within the ten (10) calendar-day period may result in Offer rejection. Offerors are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Exhibit 5.

Offerors must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to CMC 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 nonadmitted surplus lines insurers that satisfy the requirements of applicable Oregon law and are approved by CMC. CMC's approval will be based on its assessment of the nonadmitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

C.23.2 PERFORMANCE BOND and PAYMENT BOND: The successful Offeror 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 CMC, to ensure faithful performance of the Contract and payment for services and goods.

NOTE: THE CMC PROVIDED PERFORMANCE AND PAYMENT BONDS ARE THE FORMS APPROVED AND REQUIRED

TO BE USED FOR THIS ITB.

The CMC Performance Bond and Payment Bond form are Exhibits 3 & 4, respectively.

The apparent successful Offeror shall provide all required bonding to CMC within ten (10) calendar days of notification of award.

Failure to present the required documents within ten (10) calendar days may be grounds for award disqualification.

C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Offeror, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

C.23.4 [RESERVED]

SECTION D - BID SECURITY REQUIREMENTS

D.1 Each Offer shall be accompanied by a certified or cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond, payable to CMC in an amount equal to ten percent (10%) of the total amount of the Offer.

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

D.3 If the Bidder fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, or (3) furnish certificates of insurance within the time specified in the written notification of intent to award a Contract, then CMC may cash the check, draw under the letter of credit, or otherwise collect under the Bid security.

D.4 If Bid security is furnished by means of a Bid Bond. The CMC Bid Bond form, provided as Exhibit 2, is the form approved and required to be used for this ITB.

SECTION E - PREVAILING WAGE RATES (BOLI REQUIREMENTS)

E.1 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates.

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 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:

Prevailing Wage Rates for Public Works Contracts in Oregon in effect the day this IFB was first advertised.

Prevailing Wage Rates Apprenticeship Rates issued in effect the day this IFB was first advertised.

These BOLI wage rates are available on line at: https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

E.3 The Work will take place in Clackamas County, District 2.

SECTION F - FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

F.1 Pursuant to ORS 279C.370 and OAR 137-049-0360, Offerors are required to disclose information about certain first-tier subcontractors when CMC 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:

(a) The subcontractor's name,

(b) Dollar value and, https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

(c) The category of work that the subcontractor would be performing.

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

F.2 Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers 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.

CMC MUST REJECT AN OFFER IF THE OFFEROR FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS

INFORMATION BY THE STATED DEADLINE.

F.3 CMC shall obtain, and make available for public inspection, the disclosure forms required by OAR 137-049-0360. CMC shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. CMC 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.

CLACKAMAS CHARTER ALLIANCE d/b/a CLACKAMAS MIDDLE COLLEGE

INVITATION TO BID

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

BIDDER NAME: ________________________________________________________

PROJECT NAME: ________________________________________________________

ITB No.: ______________________ CLOSING: Date: __________ Time: __________

This form must be submitted as specified in the Invitation to Bid on the advertised Closing date or within two working hours after the advertised Closing date and 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 Printed Name: _____________________________________________

Signature: ________________________________________________

Contact Name: (if different) __________________________________

Phone #:____________________________

SECTION G - CONSTRUCTION CONTRACTORS BOARD (CCB) REGISTRATION REQUIREMENTS / ASBESTOS

ABATEMENT LICENSING REQUIREMENTS / JOINT VENTURE - PARTNERSHIP DISCLOSURE

G.1 CCB REQUIREMENTS

(1) Offerors 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.

(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.

Offerors 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 Offeror shall disclose whether the Offer is submitted by either a partnership or joint venture.

NO: ________ YES: _______

If yes, the Offeror shall provide the name of the contact person for the partnership or joint venturer.

Name: __________________________________________________________

SECTION H - ADDENDA ACKNOWLEDGEMENT

(1) CMC reserves the right to make changes to the Invitation to Bid and the resulting Contract, by written Addenda, prior to the Closing date and time. Addenda will be advertised on OregonBuys. CMCis not responsible for an Offerors failure to receive notice of Addenda if such are advertised in the foregoing manner. Addenda shall only be issued by CMC and upon issuance are incorporated into the Invitation to Bid or the resulting Contract.

(2) By Offeror's signature in Section O it ACKNOWLEDGES, AGREES and CERTIFIES TO THE FOLLOWING:

If any Addenda are issued in connection with this ITB, Offeror 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.

ADDENDA: No. to No. inclusive.

SECTION I - RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES & ESB UTILIZATION

CMC reserves the right, pursuant to ORS 279C.375(3) and OAR 137-049-0390 to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Offeror's responsibility to perform the Contract. Submission of a signed Offer shall constitute approval for CMC to obtain any information CMC deems necessary to conduct the evaluation. CMC shall notify the apparent successful Offeror, in writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; material; equipment; facility and personnel information; performance record of Contract performance; etc. Failure to promptly provide this information shall result in Offer rejection. CMC may postpone the award of the Contract after announcement of the apparent successful Offeror in order to complete its investigation and evaluation. Failure of the apparent successful Offeror to demonstrate responsibility, as required under ORS 279C.375(3) and OAR 137-049-0390, shall render the Offeror non-responsible and shall constitute grounds for Offer rejection, as required under ORS 279C.375(3) and OAR 137-049-0440.

1. OFFEROR INFORMATION

Business Name: ______________________________________________________________________________________________

Owner(s) Name: ______________________________________________________________________________________________

Business Address: ____________________________________________________________________________________________

Telephone Number: _____________________________________Fax No.: ______________________________________________

Email Address: ______________________________________________________________________________________________

Name of Public Works Bonding Company: ________________________________________________________________________

Address of Public Works Bonding Company: _______________________________________________________________________

Agent Name/Phone: ___________________________________________________________________________________________

Public Works Bond Number: ____________________________________________________________________________________

2. OFFEROR REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE

Offeror shall provide a list of three (3) different project references with the Offer that can be contacted regarding the quality of workmanship and service that the Offeror provided on projects of comparable size and scope performed in the last ten (10) years.

Offeror shall submit this information using the form provided in this section or may use the Offeror’s form. The list of three different project references shall include the following information.

Project Reference #1

Name of Project: ______________________________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Firm Name for Contact Person #1: ________________________________________________

Name of Contact Person #1: _____________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Fax number for Contact Person #1: ________________________________________________

Firm Name for Contact Person #2: ________________________________________________

Name of Contact Person #2: _____________________________________________________

Telephone Number for Contact Person #2: __________________________________________

Fax number for Contact Person #2: ________________________________________________

Project Reference #2

Name of Project: ______________________________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Firm Name for Contact Person #1: ________________________________________________

Name of Contact Person #1: _____________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Fax number for Contact Person #1: ________________________________________________

Firm Name for Contact Person #2: ________________________________________________

Name of Contact Person #2: _____________________________________________________

Project Reference #3

Name of Project: ______________________________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Firm Name for Contact Person #1: ________________________________________________

Name of Contact Person #1: _____________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Fax number for Contact Person #1: ________________________________________________

Firm Name for Contact Person #2: ________________________________________________

Name of Contact Person #2: _____________________________________________________

The references will be checked to determine if they are supportive of the Offeror’s ability to meet the requirements of this ITB.

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

CMC reserves the right to choose and investigate any reference whether or not furnished by the Offeror, and to investigate past performance of any Offeror 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.

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

CMC 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 ten (10) 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 Fax number for Contact Person #1 Firm Name for Contact Person #2 Name of Contact Person #2 Telephone Number for Contact Person #2 Fax number for Contact Person #2

Offeror 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.

3. SUBCONTRACTORS CERTIFIED UNDER ORS 200.055

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

Name:_______________________________________________________

Name:_______________________________________________________

Name:_______________________________________________________

Name:_______________________________________________________

Name:_______________________________________________________

SECTION J - RECYCLED PRODUCTS; DEMOLITION WORK

Vendors shall use recyclable materials to the maximum extent economically feasible in the performance of the Contract Work set forth in this document. ORS 279A.010(ii) provides as follows: "'Recycled product' means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of total weight consisting of post-consumer waste.