Elk River Hatchery Domestic Water Improvements ITB.pdf

ITB# S-63500-00000277 Elk River Domestic Water Improvements Engineering Project 18-029

INVITATION TO BID

Elk River Hatchery Domestic Water Improvements

Engineering Project No.18-029

Oregon Buys Opportunity – # S-63500-00000277

DEPARTMENT OF FISH AND WILDLIFE

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

THIS IS AN Intermediate PROCUREMENT (OAR 125-047-0270). Agency will not be accepting protests.

ITB Closing/Opening Date: Thursday August 12, 2021 Closing/Opening Time: 2:00 PM PT

Grants/Contracts Specialist: Alan Hansen Phone: (503) 947-6134

Email: alan.s.hansen@state.or.us Fax: (503) 947-6156

BID SUMMARY

ITB PURPOSE:

The purpose of this ITB is to establish a Contract for the complete Construction of new 40’ x 36’ pole building. The work will take place in Lane County, Oregon. The work contemplated under this Contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all construction work in connection with the project described in the Contract Documents.

MANDATORY PRE-BID CONFERENCE AND SITE VISIT:

There will be a Mandatory pre-bid meeting on Thursday, July 29, 2021 @ 11:00am. At the Elk River Hatchery, 95163 Elk River Road. Port Orford OR 97465

ODFW contact is Chaz Matteson, 503-947-6239 (Construction Project Manager).

Site contact is Ryan Gertken, 541-332-7025 (Acting Hatchery Manager)

PROJECT ESTIMATE:

The following is a project estimate for bonding purposes: $45 K

Prevailing wage rates may apply. (BOLI), Region 7, Curry County

PROJECT COMPLETION DATES:

BIDS DUE August 12 @ 2:00 PM

PROJECT START DATE: 7 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: September 30, 2021

FINAL COMPLETION: October 30, 2021

LIQUIDATED DAMAGES:

Liquidated damages of $500 per day will apply to the contract resulting from this ITB. (See Exhibit 5, Section 4 for detailed information)

PROJECT DESCRIPTION:

Contractor shall provide all necessary expertise, labor, equipment, materials, incidentals, and permits required to construct and install a new 2" PVC piping network from the domestic water booster system to the hatchery residences at the Elk River Fish Hatchery located at 95163 Elk River Road. Port Orford OR 97465. If bid alternates are selected, Contractor may also be required to expose buried domestic well line and replace as necessary, as well as replace galvanized residence plumbing with PVC.

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 PRICING SUBMITTAL FORM

EXHIBIT 2 RESERVED

EXHIBIT 3 RESERVED

EXHIBIT 4 RESERVED

EXHIBIT 5 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 6 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

EXHIBIT 8 INDAVERTANT DISCOVERY PLAN FOR CULTURAL RESOURCES

EXHIBIT 9 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS

ATTACHMENT A SPECIFICATIONS

ATTACHMENT B PLANS & DRAWINGS

SECTION B - DEFINITIONS

B.1 DEFINITIONS: Together with the Definitions found in Section A.1 of the State of Oregon General Conditions for Public Improvement Contracts, the following definitions apply to this ITB and the resulting Contract.

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

B.1.2 "Agency" or "ÓDFW" means the Oregon Department of Fish and Wildlife.

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" 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 its 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 "Oregon Procurement Information Network" or "ORPIN" or “ORPIN System” means the online electronic Oregon Automated Procurement System administered by DAS. The ORPIN System website is located at:

http://orpin.oregon.gov/open.dll/welcome .

B.1.10 "Plan Center" means organizations and business locations where Bidders may view, download, or purchase copies of all documents relating to the ITB.

B.1.11 "State" means the State of Oregon.

B.1.12 “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.

SECTION C - GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS

C.0 IMPORTANT DATES

PACIFIC

ITEM DATE TIME

MANDATORY PREBID CONFERENCE, SEE C.1.0 July 29, 2021 11:00 AM

REQUEST FOR CHANGE / CLARIFICATION, SEE C.2 August 9, 2021 2:00 PM

BID CLOSING (OPENING FOLLOWING IMMEDIATELY) August 12, 2021 2:00 PM

C.1 GENERAL INFORMATION

C.1.0 MANDATORY PRE-BID CONFERENCE:

C.1.0.1

A mandatory pre-bid conference will be held on Thursday July 29, 2021 AT 11:00 AM (PT), located on site at the at the

At the Elk River Fish Hatchery, 95163 Elk River Road. Port Orford OR 97465

BIDDERS ARRIVING AFTER THE CONFERENCE HAS STARTED WILL NOT BE ADMITTED.

C.1.0.2 Any statements made at this conference will not change the Plans, Specifications, or other Contract Documents unless an Addendum has been issued from ODFW and advertised on the ORPIN System.

BIDDERS OR THEIR REPRESENTATIVE ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID CONFERENCE.

BIDS WILL ONLY BE EVALUATED FROM BIDDERS OR THEIR REPRESENTATIVE WHO REGISTERED AND ATTENDED THE MANDATORY PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE CONSIDERED NON-

RESPONSIVE.

C.1.1 POINT(S) OF CONTACT:

C.1.1.1 The single contact point for questions regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues that may arise, is Alan Hansen, OPBC, Contracts Specialist at e-mail alan.s.hansen@state.or.us.

C.1.2 RESERVED

C.1.3 INVITATION TO BID DOCUMENT AVAILABILITY:

C.1.3.1 ITBs, ADDENDA AND ATTACHMENTS: ITBs, including all Addenda and most attachments, are posted on ORPIN as part of the solicitation document and will not be mailed to prospective Offerors.

C.1.3.2 RESERVED

http://orpin.oregon.gov/open.dll/welcome mailto:alan.s.hansen@state.or.us

C.1.3.3 HARD COPY DOCUMENT FEES & DELIVERY: Offerors who obtain hardcopies of the ITB, Addenda and most attachments from the Plan Centers or other third party vendors are responsible for ensuring they have all ITB documents, addenda, and attachments. Costs for these documents and any associated delivery costs are as quoted by the Plan Center or vendor selected by the Offeror. All costs of these documents are at Offeror’s expense. Terms of performance and payment are as stipulated by the Plan Center or vendor and are not regulated by the State. ODFW is not responsible for Plan Center or vendor policies, procedures, terms and conditions, or other requirements.

C.1.3.4 ADDENDA: Addenda are incorporated with the original solicitation as an attachment and can be viewed and downloaded by registered suppliers. Offerors should consult the ORPIN System regularly until closing to avoid missing any Addenda.

C.1.4 SUPPLIERS LIST:

To be listed on the suppliers list, interested parties must be registered on ORPIN. Suppliers can register in ORPIN at:

orpin.oregon.gov

Interested parties who download ITB documents from ORPIN will automatically be added to the suppliers list. Interested parties who obtain the ITB documents from other means may add themselves to the suppliers list on ORPIN. Interested parties who have entered their company on ORPIN are responsible for making sure information is correct and accurate.

The State of Oregon assumes no responsibility for the content of the interested parties’ information shown on ORPIN.

C.1.5 RESERVED

C.1.6 TRADE SECRETS:

Any information Offeror submits in response to the ITB that Offeror considers a trade secret under ORS 192.345(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 192.345(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. 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 646.473(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:

http://www.leg.state.or.us/ors/home.html .

C.1.7.2 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES - (OAR Chapter 137, Divisions 46 and 49) - Can be obtained from the Department of Justice, 1162 Court Street NE, Salem, Oregon 97301. Phone (503) 378-4400), or on line at: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_tofc.html.

C.1.7.3 In addition to the foregoing, this solicitation and the Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS, "General Conditions" dated January 1, 2012, which are incorporated herein by reference. See Exhibit 6.

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 http://www.leg.state.or.us/ors/home.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_tofc.html 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.

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

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

NAME / PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through

(a) requests for approval of an "or approved equal" or an "or approved 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 shall be made in Writing and marked as follows:

Bid Request for: Sauvie Island Wildlife Area New Pole Barn Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest

ITB Number: S-63500-00000277 Closing Date & Time: August 12, 2021; 2:00 pm Pacific Time.

and must be received by the appropriate point of contact as identified in Section C.1.1 by 2:00 pm Pacific Time, on August 12, 2021. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.2.3 REQUEST FOR APPROVAL OF AN "OR APPROVED EQUAL" OR AN "OR APPROVED EQUIVALENT": Pursuant to Section C.1.8.3, 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 shall be made in writing and be submitted to the name of the Point of Contact under C.1.1.1 of the ITB document.

To be considered, the request for changes must be received by the deadline specified in C.2.2.

• Requests shall provide all the information necessary for the State 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 ODFW and posted on

ORPIN.

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, shall make a request for clarification in writing, to the contact point listed in Section C.1.1.1. To be considered, the request for clarification must be received by ODFW by the deadline specified in Section 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 writing, to the contact point listed in Section C.1.1.1. To be considered, the request for changes must be received by ODFW by the deadline specified in Section C.2.2.

The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS: Any Offeror who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, in writing, to the contact point listed in Section C.1.1.1. To be considered, the protest must be received by ODFW by the deadline specified in Section C.2.2. The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the 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 ODFW determines should be handled by formally amending the ITB, ODFW will do so only by announcing such a change in an Addendum, not through information identified as a "clarification."

C.2.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE AND PROTESTS: ODFW shall promptly respond to each properly submitted written request for brand approval, request for substitution, request for change, and protest. Where appropriate, ODFW will issue ITB revisions via Addenda posted on the ORPIN System. ODFW 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 ODFW AND POSTED ON THE ORPIN SYSTEM.

C.3 PROTEST OF ADDENDA

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

C.4 OFFER FORMAT

C.4.1 SIGNATURE IN INK REQUIRED: All Offer documents requiring signature must be signed in ink by an authorized representative of the Offeror.

C.4.2 IN WRITING: Offers and pricing information shall be prepared by typewriter, ink or by computer, but must be signed in ink by an authorized representative of the Offeror. No oral, telegraphic, telephone, email or facsimile Bids will be accepted.

C.4.3 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 ODFW shall be formatted in the manner called for in the ITB and submitted on Offeror's letterhead.

C.4.4 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:

➢ Pricing Submittal Form, Exhibit 1;

➢ Bid Security Requirements as per Section D;

➢ Construction Contractors Board (CCB) Registration Requirements; Asbestos Abatement Licensing Requirements, &

Joint Venture - Partnership Declaration, Section G;

➢ Addenda Acknowledgement; Section H;

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

➢ Residency Information, Section K;

➢ Signature of Bidder's Duly Authorized Representative, Section 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.4.5 BID MODIFICATION PRIOR TO CLOSING: Alterations and erasures made before Offer submission must EACH be INDIVIDUALLY initialed in ink by the person signing the Offer. 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 Section C.4.5 will result in Bid rejection.

C.4.5.1 Nothing in Section C.4.5 shall be construed as allowing the 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.4.5.2 Modifications must be submitted in a sealed envelope marked as follows:

Bid Modification ITB Number Closing Date Closing Time

C.4.5.3 Offerors may not modify Offers after Closing.

C.5 OFFER SUBMISSION

C.5.1 NUMBER OF COPIES; SIGNATURE REQUIRED: Offerors shall submit a total of one (1) copy of the Offer. The Offer must bear an original signature. Failure to submit an Offer bearing an original signature will result in rejection of the Bid.

C.5.2 SEALED ENVELOPE; ADDRESS AND COVER INFORMATION: Offers shall be submitted in sealed packages or envelopes. To ensure proper identification and handling, all packages and envelopes shall be clearly marked as follows:

ITB Number: S-63500-00000277 Closing Date & Time: August 12, 2021; 2:00 pm Pacific Time, ATTN: Alan Hansen, OPBC

OREGON DEPARTMENT OF FISH & WILDLIFE

CONTRACT SERVICES

4034 FAIRVIEW INDUSTRIAL DRIVE SE

SALEM, OR 97302-1142

ODFW shall not be responsible for the proper handling of any Offer not properly identified, marked and submitted in a timely manner.

C.6 OFFER WITHDRAWALS PRIOR TO CLOSING

C.6.1 IN WRITING: Offers may be withdrawn in writing when submitted on Offeror's letterhead, signed by an authorized representative, and received by ODFW prior to Closing. Offer withdrawals submitted in writing must be labeled as such and contain the ITB number.

C.6.2 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 and date/time stamped at Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Drive SE, Salem, Oregon 97302 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. Facsimile Offers will not be allowed or accepted. Failure to comply with this requirement will result in rejection of the Offer as non-responsive.

OPENING: Offers will be publicly opened and read at the Bid Closing date/time specified on page one (1) of the ITB, at Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Drive SE, Salem, Oregon 97302. Only the name of the Offeror(s) and the total cost will be read at the opening. It is optional for Offerors to attend Opening. Award decisions will not be made at Opening. Bids received after the date/time for Closing will not be considered for award.

C.7.2 FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: First tier subcontractor disclosure forms must be returned and date/time stamped within two working hours after the Closing to Oregon Department of Fish and Wildlife, 4034 Fairview Industrial Drive SE, Salem, Oregon 97302. 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, ODFW may post preliminary bid results on the ORPIN System. 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

ODFW may request, orally or in writing, that Offerors extend, in writing, the time during which ODFW 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 and ALTERNATES selected for award. The State reserves the right to award any or all ALTERNATES listed, and 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, ODFW 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 137-049-0370 and 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, ODFW may waive minor informalities and irregularities.

C.13.2 RESPONSIBILITY: Prior to award of a Contract, ODFW will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. See also OAR 137-049- 0440(1)(c)(H), and see Section I of this ITB. In doing so, ODFW may investigate Offeror and request information in addition to that already required in the ITB, when ODFW, in its sole discretion, considers it necessary or advisable.

C.13.3 OREGON PREFERENCE: Awards shall be subject to preference for products produced or manufactured in Oregon, if price, fitness and quality are equal; and, solely for the purpose of evaluating Bids, ODFW will add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Offeror is from a state that grants a ten (10) percent preference to local Offerors, ODFW 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 ODFW that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

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

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

C.16 REJECTION OF OFFERS

C.16.1 REJECTION OF ALL OFFERS: ODFW 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: ODFW may reject a particular Offer for any of the reasons listed under

OAR 137-049-0440.

C.17 INTENT TO AWARD ANNOUNCEMENT

ODFW reserves the right to announce its intent to award prior to formal Contract award by posting the tabulation sheet of Bid results on the ORPIN System, or by letter or fax ("Intent to Award Announcement"). The Intent to Award Announcement shall serve as notice to all Offerors that ODFW intends to make an award.

C.18 PROTEST OF INTENT TO AWARD

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

C.18.1 In order to be an adversely affected or aggrieved 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.18.2 An actual Offeror who is adversely affected or aggrieved by the award of the Contract to another Offeror may protest award, in writing, within the timeline established. The written protest shall state the grounds upon which the protest is based. No protest of award shall be considered after the deadline.

C.19 RESPONSE TO INTENT TO AWARD PROTESTS

ODFW will respond in writing to intent to award protests submitted by adversely affected or aggrieved Offerors. ODFW may also respond to intent to award protests submitted by other Offerors for purposes of clarification. However, any response provided by ODFW 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 7-calendar day intent to award protest period, and resolution of all protests, ODFW will proceed with final award. (If ODFW receives only one Bid, ODFW may dispense with the intent to award protest period and proceed with award of a Contract.)

C.21 COMMENCEMENT OF WORK

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

C.22 REVIEW OF AWARDED BID FILES

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

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 ODFW within 7 calendar days of notification of intent to award. Failure to present the required documents within the 7 calendar day period may result in Offer rejection. Offerors are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Section G.3 of the General Conditions and the Supplemental General Conditions in Exhibit 7 prior to Offer submission.

Offerors must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to State that are allowed to provide such insurance under Oregon law. Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to do an insurance business in the state of Oregon, and certain non-admitted surplus lines insurers that satisfy the requirements of applicable Oregon law and are approved by ODFW. ODFW's approval will be based on its assessment of the non-admitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

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

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

APPROVED AND REQUIRED TO BE USED FOR THIS ITB.

The State of Oregon Performance Bond and Payment Bond form are Exhibits 3 & 4, respectively.

The apparent successful Offeror shall provide all required bonding to ODFW within 7 calendar days of notification of award.

Failure to present the required documents within 7 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 CERTIFICATE OF PAY EQUITY TRAINING: This is a legislatively mandated requirement effective January 1, 2016.

Prior to execution of the Contract, the apparent successful Offeror must submit to ODFW within7 calendar days of notification of intent to award, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under 2015 Oregon Laws, chapter 454, section 2. This requirement applies only to Offerors that employ 50 or more fulltime workers and only if the Contract has an estimated contract price that exceeds $500,000.

SECTION D - BID SECURITY REQUIREMENTS (Not Required)

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 the Oregon Department of Fish and Wildlife in an amount equal to ten percent (10%) of the total amount of the Offer.

D.2 Bid security shall be furnished to ODFW 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 ODFW 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 State of Oregon 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, as outlined in Sections C.1, C.2 and G.2.3 of the General Conditions.

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

E.2 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 (Rates Effective January 1, 2020 and amended February 1, 2020) https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/january-1-2021-pwr-rate-book.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/october-1-2020-rate-amendments.pdf

Prevailing Wage Rates State Apprenticeship Rates – 2021 https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/january-1-2021-apprenticeship-rates.pdf

These BOLI wage rates are available on line at:

https://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate-Publications---2021.aspx

E.3 The Work will take place in Curry County BOLI Region 7

SECTION F - FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

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

(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.

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

INFORMATION BY THE STATED DEADLINE.

https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/january-1-2021-pwr-rate-book.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/october-1-2020-rate-amendments.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/january-1-2021-apprenticeship-rates.pdf https://www.oregon.gov/boli/workers/Prevailing%20Wage%20Rate%20Books/january-1-2021-apprenticeship-rates.pdf https://www.oregon.gov/boli/WHD/PWR/Pages/PWR-Rate-Publications---2021.aspx

(2) An Offeror shall submit the disclosure form required by OAR 137-049-0360 either in its Offer submission or within two

(2) working hours after Closing.

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.

(3) ODFW shall obtain, and make available for public inspection, the disclosure forms required by OAR 137-049-0360.

ODFW shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835.

ODFW 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.

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME: ________________________________________________________

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

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

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that subcontractor will be performing and the dollar value of the subcontract.

Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

SUBCONTRACTOR NAME CATEGORY DOLLAR

OF WORK VALUE

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

Form submitted by (bidder name):__________________________________________________

Contact name: ______________________________ Phone no.: _________________________

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 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) ODFW reserves the right to make changes to the Invitation to Bid and the resulting Contract, by written Addenda, prior to the Closing time and date. Addenda will be advertised on the ORPIN System. ODFW is 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 ODFW 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

The State 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 the State to obtain any information the State deems necessary to conduct the evaluation. The State 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. The State 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.

I.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:_________________________________________ (street)

(city, state, zip)

Agent Name/Phone: ____________________________________________________________

Public Works Bond Number: _____________________________________________________

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

Offeror shall provide a list of three 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. 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: ________________________________________________

Email Address 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: ________________________________________________

Email Address 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: ________________________________________________

Email Address 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: ________________________________________________

Email Address for 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: ________________________________________________

Email Address 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: ________________________________________________

Email Address for 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.

ODFW 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.

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

ODFW will make three attempts to contact the references from the list provided by the Offeror.

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…