ITB 11658 Thompsons Mills Tailrace Support Column Replacement.docx

State of Oregon Invitation to Bid

Thompson’s Mills State Heritage Site Tailrace Support Column Replacement Project

Engineering Project No. 35991

ITB # 11658

OREGONBUYS # S-63400-00013206

Oregon Parks and Recreation Department

This Invitation to Bid (“ITB”) is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bids must be submitted through the OregonBuys system. See ITB Section C.1 – OREGONBUYS / ITB DOCUMENT AVAILABILITY for information regarding supplier registration and terminology used in the OregonBuys platform.

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

TABLE OF CONTENTS

ATTACHMENT A BID PACKAGE FORMS

· FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

· FORM A-2: PRICING FORM

· FORM A-3: RESERVED

· FORM A-4: RESERVED

ATTACHMENT B TECHNICAL SPECIFICATIONS: Thompson’s Mills – Tailrace Support Column Replacement Project dated March 2025.

Attachment B is found as 1 separate upload on OregonBuys.

ATTACHMENT C PLANS AND DRAWINGS: Thompson’s Mills – Tailrace Support Column Replacement Project, drawings dated June 30, 2024 prepared by Hennebery Eddy Architects and Owner.

Attachment C is found as 1 separate upload on OregonBuys.

ATTACHMENT D SAMPLE PUBLIC IMPROVEMENT CONTRACT, FORMS AND EXHIBITS

· ATTACHMENT D-1: SAMPLE IMPROVEMENT CONTRACT FORM

· ATTACHMENT D-2: PERFORMANCE BOND FORM

· ATTACHMENT D-3: PAYMENT BOND FORM

· ATTACHMENT D-4: GENERAL CONDITIONS AND CONTRACT

CLOSEOUT COMPLIANCE CHECKLIST

· ATTACHMENT D-5: INSURANCE REQUIREMENTS

ATTACHMENT E ADDITIONAL PROJECT REQUIREMENTS [RESERVED]

SECTION A – PROJECT AND SOLICITATION SUMMARY

A.1 PROJECT DESCRIPTION

The purpose of this ITB is to establish a contract for the Thompson’s Mills State Heritage Stie Tailrace Support Column Replacement (the “Project”) for the benefit of the Oregon Parks and Recreation Department (the “Contract”). The work to be performed under the Contract shall consist of furnishing tools, equipment, materials, supplies, permits and manufactured articles; furnishing transportation and services, including fuel, power, water, and essential communications; and the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents (the “Work”).

The Work, includes, but is not limited to:

Repair and replacement of structural elements supporting the Thompson’s Mill building including reinforced concrete, carpentry, and minor steel fabrication. This includes an area of reinforced concrete wall, (3) new concrete footings dug by hand, and the carpentry work to replacement and add wood columns with brackets.

Excavation work may only be performed by hand due to Archaeological restrictions.

A.2 SINGLE POINT OF CONTACT (“SPC” or “Purchaser/SPC”)

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

Melody Waight, Sr. Procurement Specialist melodywaight@oprd.oregon.gov 725 Summer Street, Suite C Salem, Oregon 97302

(503) 713-1506

Note: OregonBuys refers to SPC as “Purchaser”.

A.3 SOLICITATION SCHEDULE

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

A.4 PROJECT SITE

Thompson’s Mills State Heritage Site 32655 Boston Mill Road Shedd, Or 97377

This project site is a State-owned public building. Aerosolizing, smoking or vaporizing when on the site is prohibited (see ORS 433.845).

A.5 SITE ACCESS [RESERVED]

A.6 RESERVED

A.7 KEY PROJECT DATES

A.8 LIQUIDATED DAMAGES

There will be no liquidated damages for this Project.

A.9 PREVAILING WAGE RATES

This ITB and resulting Contract are subject to the Bureau of Labor and Industries (“BOLI”) prevailing wage rate requirements and the prevailing wage rates and apprenticeship rates applicable as of the date this ITB was first advertised, which, while not physically attached, are incorporated herein by reference with the same force and effect as though fully set forth herein and available at:

BOLI Prevailing Wage Rates for Public Contracts:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

The Work will take place in Linn County, BOLI Region 4.

A.10 MANDATORY PRE-BID CONFERENCE

Bidders or their representative are required to attend the Mandatory Pre-Bid conference.

Mandatory Pre-Bid conference Date:

April 3, 2025 at 2:00 PM (Pacific Time) on site.

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

BIDDERS ARE REQUIRED TO BE ON TIME AND ATTEND THE ENTIRETY OF THE MANDATORY PRE-BID CONFERENCE IN PERSON, DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS FROM BIDDERS WHO DO NOT COMPLY WITH THESE ATTENDANCE REQUIREMENTS WILL BE REJECTED AS NONRESPONSIVE.

A.11 RESERVED

SECTION B – DEFINITIONS

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

"Addendum" (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 Bidders in accordance with Oregon Administrative Rule (“OAR”) 137-049-0250(2). The plural form of "Addendum" is "Addenda".

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

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

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

"Closing" (referred to as "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.

"DAS" means the Oregon Department of Administrative Services.

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

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

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

"Plans and Drawings" referenced in this ITB means Attachment C – Thompson’s Mills – Tailrace Support Column Replacement Project dated June 30, 2024 of this ITB.

"Public Improvement" means a project for construction, reconstruction or major renovation on real property by or for a contracting agency.

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

"Specifications" and "Technical Specifications" referenced in this ITB means Attachment B – Thompson’s Mills – Tailrace Support Column Replacement Project dated May 2024.

"State" means the State of Oregon.

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

SECTION C – INSTRUCTIONS TO BIDDERS

C.1 OREGONBUYS / ITB DOCUMENT AVAILABILITY

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

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

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

C.1.2 OBTAINING ITB DOCUMENTS. This ITB, any ITB attachments, and any Addenda and related notices (collectively the “Amendments”) may be downloaded from OregonBuys at: https://oregonbuys.gov/bso. This ITB and any attachments will not be mailed to prospective Bidders.

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

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

C.1.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

· Details entered in the “Header Information” section;

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

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

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

C.1.4 EXPLANATION OF CERTAIN TERMS USED IN OREGONBUYS

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

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

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

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

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

C.2 SOLICITATION LAWS, RULES AND GENERAL CONDITIONS

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the ORS and the implementing regulations in the OAR. See OAR Chapter 137, Divisions 046 and 049.

Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.2.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C). Can be obtained online at: https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx.

C.2.2 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES (OAR Chapter 137, Divisions 046 and 049). Can be obtained online at: https://secure.sos.state.or.us/oard/ruleSearch.action.

C.2.3 GENERAL CONDITIONS. In addition to the foregoing, this ITB and the resulting Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS (“General Conditions”) dated January 1, 2012, as modified by the Oregon Department of Justice on April 26, 2024, which is incorporated herein and provided as Attachment D-4.

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

C.3 BRAND NAME AND EQUIVALENTS

C.3.1 BRAND NAMES. This ITB (including Plans and Specifications) does not expressly or implicitly require any product by brand name or mark, nor does it require the product of any particular manufacturer or seller, unless an exemption has been granted under ORS 279C.345(2).

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

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

C.4 REQUESTS FOR APPROVAL OF EQUIVALENTS, CLARIFICATION

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

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

C.4.3 RESERVED

C.4.4 RESERVED

C.4.5 RESERVED

C.4.6 RESERVED

C.5 RESERVED

C.6 TRADE SECRETS

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.345 or confidential proprietary information under ORS 192.355, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.513, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.” Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidders that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.7 BID PACKAGE SUBMISSION

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

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

C.7.2 SUBMISSION REQUIREMENTS. The Bid Package must be submitted via OregonBuys. Agency will reject submittals by any other means. Each electronic file or attachment must be clearly identified with the OregonBuys Bid Number. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidders shall make reasonable efforts to minimize the file size of attachments to 5 megabytes.

For information on how to submit an electronic response to an opportunity, please visit: https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

C.7.3 BID PACKAGE REQUIREMENTS

(1) Bidder Information and Certifications Form. Bidder must complete and submit Attachment A, Form A-1 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

(2) Pricing Form. Bidder must complete and submit Attachment A, Form A-2 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

(3) RESERVED

(4) RESERVED

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

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

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

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

C.8 BID MODIFICATION PRIOR TO THE BID OPENING DATE

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

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

Bidders shall not modify Bids after the Bid Opening Date.

C.9 BID WITHDRAWAL PRIOR TO THE BID OPENING DATE

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

SECTION D – AWARD

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

D.1 PRELIMINARY BID RESULTS

Agency may post preliminary bid results on the OregonBuys system. Such postings may not be correct and are not final. The posting of the preliminary bid results shall not operate as a representation by Agency that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

D.2 METHOD OF AWARD

Provided Agency does not cancel the solicitation or reject all Bids pursuant to OAR 137-049-0270, Award will be made to the responsible Bidder submitting the lowest responsive Bid, calculated as follows.

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

(2) UNIT PRICE. If the Bid includes unit pricing for estimated quantities, the total Bid price will be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder and adjusting for any additive or deductive alternates selected by Agency, for the purpose of comparing Bids. Agency will specify within the ITB the estimated quantity of the procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. See OAR 137-049-0350(2)(b).

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

D.2.1 APPLICATION OF RECIPROCAL PREFERENCE. In determining the lowest responsive Bid, Agency will, in accordance with OAR 137-046-0310, add a percentage increase to the Bid of a Non-resident Bidder (see Attachment A, Form A-1) equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides. Adjustments made to account for reciprocal preferences will be for Bid evaluation purposes only. No such adjustments shall operate to amend Bidder’s Bid or any Contract awarded pursuant thereto.

D.2.2 RESPONSIVENESS. For its Bid to be considered responsive, the Bidder must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. Bids may be considered nonresponsive and rejected if the Bid:

· includes non-approved equivalents where approval is required;

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

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

· is unreadable.

In making a responsiveness determination, Agency may waive minor informalities as described in OAR 137-049-0350, and Agency may seek clarification of any response that, in its sole discretion, it deems necessary or advisable. However, Bidders may not supplement their Bids to provide for missing information.

D.2.3 RESPONSIBILITY. Prior to award of the Contract, Agency will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, Agency may investigate Bidder and request information in addition to that already required in this ITB in Attachment A, Form A-1, Responsibility Inquiry, when Agency, in its sole discretion, considers it necessary or advisable.

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

Failure to promptly provide this information shall result in Bid rejection. Agency may postpone the award of the Contract after posting a notice of its intent to award (“Notice of Intent to Award”) to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility as required under OAR 137-049-0390 shall render the Bidder non-responsible and shall constitute grounds for Bid rejection, as required under OAR 137-049-0440.

D.3 REJECTION OF BIDS

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

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

D.3.3 REJECTION OF PARTICULAR BIDS. Agency may reject a particular Bid for any of the reasons listed under OAR 137-049-0440.

D.4 RESERVED

D.5 RESERVED

D.6 FINAL AWARD

Following Bid Closing, Agency will proceed with final Award of the contract.

D.7 INFORMATION TO BE SUBMITTED BY THE AWARDED BIDDER

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

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

· Performance and Payment Bonds. Using the forms provided in Attachment D-2 and Attachment D-3, the Awarded Bidder shall furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State.

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

Failure to present the required documents within 7 days of final award (see Section D.6) may result in revocation of award

D.8 EXECUTION OF PUBLIC IMPROVEMENT CONTRACT

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

D.8.1 RESERVED

D.9 RESERVED

D.10 REVIEW OF SOLICITATION FILES

Completed solicitation files are available for public review at Agency by appointment during regular business hours (Monday through Friday) or as otherwise arranged. See also OAR 137-049-0400.

ATTACHMENT A

BID PACKAGE FORMS

· FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

· FORM A-2: PRICING FORM

· FORM A-3: RESERVED

· FORM A-4: RESERVED

FORM A-1 — BIDDER INFORMATION AND CERTIFICATIONS FORM

ITB S-63400-00013206

Thompson’s Mills – Tailrace Support Column Replacement Project

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

Business Name: [ ]

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

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

Business Owner(s) Name: [ ]

Business Address: [ ]

Bidder is a: (select one) ☐ Resident Bidder. "Resident Bidder" as defined under ORS 279A.120 means a Bidder that has paid unemployment taxes or income taxes in this State during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a Resident Bidder.

☐ Non-resident Bidder. "Non-resident Bidder" as defined under ORS 279A.120 means a Bidder who is not a Resident Bidder as defined above. When a public contract is awarded to a Non-resident Bidder and the contract price exceeds $10,000, the Bidder shall promptly report to the Department of Revenue on forms to be provided by the Department the total contract price, terms of payment, length of contract, and such other information as the Department may require before the Bidder may receive final payment on the public contract.

Telephone Number: [ ]

Email Address: [ ]

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

Bidders must be licensed with the State of Oregon Construction Contractors Board (“CCB”) prior to bidding on Public Improvement Contracts (OAR 137-049-0200). FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN BID REJECTION. Contractor certifies that each of its subcontractors participating in the Project will be similarly registered with the CCB before each subcontractor commences Work under the Contract.

CCB REGISTRATION NO.: [ ]

EXPIRATION DATE OF CCB NO.: [ ]

Contract Authorized Representative Name: [ ]

If Bidder is a joint venture or partnership, the individual named above must be authorized to sign on its behalf and execute agreements. Additionally, upon request, Bidder shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venture or partnership.

PUBLIC WORKS BOND

Pursuant to ORS 279C.830(2) and OAR 839-025-0015, Contractor and every subcontractor shall have a Public Works bond filed with the CCB before starting Work on the Project. This bond is in addition to Performance Bond and Payment Bond requirements.

Name of Public Works Bonding Company: [ ]

Agent Name/Phone: [ ] / [ ]

Public Works Bond Number: [ ]

If exempt from this requirement under ORS 279C.836(4), (7), (8), or (9), list applicable exemption and describe:

[choose exemption]: [provide description]

SUBCONTRACTORS CERTIFIED UNDER ORS 200.055

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

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

Name: [ ]

Name: [ ]

Name: [ ]

Name: [ ]

Name: [ ]

RESPONSIBILITY INQUIRY

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

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

Yes ☐ / No ☐

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

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

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

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

If yes, please provide an explanation:

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

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

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

Yes ☐ / No ☐

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

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

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

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

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

Yes ☐ / No ☐

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

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

If yes, please provide an explanation:

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

Yes ☐ / No ☐

If yes, please provide an explanation:

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

Yes ☐ / No ☐

If no, please provide an explanation:

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

Yes ☐ / No ☐

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

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

If no, please provide an explanation:

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

Yes ☐ / No ☐ / Not Applicable ☐

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

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

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

Yes ☐ / No ☐

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

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

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

(c) The reasons for the violation

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

Response:

SPECIAL QUALIFICATIONS: COVER SHEET AND HISTORIC PRESERVATION CONTRACTOR QUALIFYING WORK EXPERIENCE REFERENCE FORM

Select One:

A qualified individual shall meet the professional qualifications for any position described in The Secretary of the Interior’s Professional Qualifications for Archaeology and Historic Preservation as posted in the Federal Register, Volume 48, No. 190, Thursday, September 29, 1983. Also acceptable are the proposed revisions to The Secretary of the Interior’s Historic Preservation Professional Qualification Standards as written in the Federal Register, Volume 62, No. 119, Friday, June 20, 1997. In addition to Archaeologist and Historic Architect, these apply to anyone considered a professional Architectural Historian, Historic Engineer, Historic Landscape Architect, Historic Preservationist, Historic Preservation Planner, or Historian.

In some circumstances other certifications or experience may qualify an individual under the Special Historic Qualifications requirement. There exists numerous Historic Trades certification programs, National Park Service Historic Preservation Trades Centers, Traditional Trades Advancement Programs, and Academic programs focused on Historic Preservation Technical Trades, where the equivalent duration of involvement or experience may meet the standard. This determination is made by the Owner. Submit qualifications criteria with Reference Forms.

Name/Title of Qualified Individual

Name of Offeror’s Company

Mailing Address

Offeror’s Point Of Contact

Telephone Fax

(Name of Firm) accepts all the terms and conditions contained in the Historic Preservation Contractor Qualification Submittal.

CERTIFICATION:

I, ___________________________, certify that I am (title)__________________________ of the company herein listed and that the statements made in this document are true and accurate. I understand that if I fail to provide all the required information in the submittal, or if after attempting to contact the persons whose names I provide, OPRD is still unable, having made reasonable effort, to verify the information furnished in my submittal, my bid may be rejected as nonresponsive at the sole discretion of OPRD.

Signature of authorized representative Date

Typed name of authorized representative

REFERENCE 1

Name of Historic Preservation Contractor (Offeror):

Offeror must provide verifiable references for projects on which Offeror/Qualified Individual has successfully completed. within the last ten (10) years, historic preservation work on a minimum of three (3) historic buildings listed on the National Register of Historic Places.

Historic Building Name:

Street Address:

City/State:

Total Contract Price at Completion:

($ 50,000. Minimum Value) Project satisfies contractor’s required Special Historic Qualifications? (Yes/No)

(Must be “Yes” to qualify) Project is listed on the National Register of Historic Places.

(Yes/No) (Must be “Yes” to qualify)

National Register No.:

A copy of the Scope of Work for the above referenced project , or contract special provisions detailing this portion of the work is attached (Yes/No)

(Detailed Scope of work is required.)

Owner for Above Project:

Owner Contact Name:

Owner Telephone Number:

(Must provide Owner Contact Name and Telephone Number.)

Award Date:

(Month/Year)

Date Above Project Was Accepted by Owner:

(Must be no earlier than March 2015)

REFERENCE 2

Name of Historic Preservation Contractor (Offeror):

Offeror must provide verifiable references for projects on which Offeror/Qualified Individual has successfully completed. within the last ten (10) years, historic preservation work on a minimum of three (3) historic buildings listed on the National Register of Historic Places.

Historic Building Name:

Total Contract Price at Completion:

Project satisfies contractor’s required Special Historic Qualifications? (Yes/No)

(Must be “Yes” to qualify) Project is listed on the National Register of Historic Places.

(Yes/No) (Must be “Yes” to qualify)

National Register No.:

A copy of the Scope of Work for the above referenced project , or contract special provisions detailing this portion of the work is attached

Owner for Above Project:

Award Date:

Date Above Project Was Accepted by Owner:

(Must be no earlier than March 2015.)

REFERENCE 3

Name of Historic Preservation Contractor (Offeror):

Offeror must provide verifiable references for projects on which Offeror/Qualified Individual has successfully completed. within the last ten (10) years, historic preservation work on a minimum of three (3) historic buildings listed on the National Register of Historic Places.

Historic Building Name:

Total Contract Price at Completion:

Project satisfies contractor’s required Special Historic Qualifications? (Yes/No)

(Must be “Yes” to qualify) Project is listed on the National Register of Historic Places.

(Yes/No) (Must be “Yes” to qualify)

National Register No.:

A copy of the Scope of Work for the above referenced project , or contract special provisions detailing this portion of the work is attached

Owner for Above Project:

Award Date:

Date Above Project Was Accepted by Owner:

(Must be no earlier than March 2015)

CERTIFICATIONS OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE

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

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

(1) The undersigned is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this Bid and all Addenda, if any, issued;

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

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

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

(5) The State shall not be liable for any expenses incurred by Bidder in preparing and submitting its Bid or in participating in the Bid evaluation/selection process;

(6) The Bidder agrees to be bound by and comply with all applicable requirements of ORS 279C.800 through ORS 279C.870 and the administrative rules of the Bureau of Labor and Industries (“BOLI”) regarding prevailing wage rates;

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

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

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

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

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

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

(15) Bidder has a written policy and practice that meets the requirements described in ORS 279A.112 for preventing sexual harassment, sexual assault and discrimination against employees who are members of a “protected class”;

(16) If awarded a Contract, Bidder agrees and acknowledges each Contractor and subcontractor will comply with the prohibition on aerosolizing, smoking or vaporizing when in a public place per ORS 433.845; and

(17) All affirmations and certifications contained within the Bid, including those in this Bidder Information and Certification Form and the Pricing Form, are true and correct.

ACKNOWLEDGMENT OF ADDENDA

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

Bidder acknowledges and agrees: (select one option) ☐ Addenda No. [insert #] to No. [insert #] have been issued for this ITB.

☐ Addenda have not been issued for this ITB.

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

SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE

(Legal Business Name)

FORM A-2 — PRICING FORM

ITB S-63400-00013206

Thompson’s Mills – Tailrace Support Column Replacement Project

PRICING SUBMITTAL INSTRUCTIONS:

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

All Work described in the Contract Documents but not specifically itemized in the Pricing below is considered incidental to the Work, and Bidder agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all incidental Work at no additional cost to the Agency. Contractor shall furnish all temporary facilities such as power, lights, heat, telephone, potable water, portable toilets, and job office as needed to perform the Work at no additional charge to the Agency.

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

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

Bid submitted by:

(Legal Business Name)

FORM A-3 — RESERVED

FORM A-4 — RESERVED

ATTACHMENT B

TECHNICAL SPECIFICATIONS

Specifications listed below are hereby incorporated into this ITB:

TECHNICAL SPECIFICATIONS for Thompson’s Mills – Tailrace Support Column Replacement Project dated March 2025.

The Specifications apply to this ITB and any resulting Contract. Should any of the Specifications conflict with the General Conditions, the General Conditions shall prevail. Items not indicated in the Specifications that can be legitimately and reasonable inferred to complete the work must be furnished by the Contractor as though it were detailed herein.

For purposes of the ITB, Attachment B is found as 1 separate upload on OregonBuys.

ATTACHMENT C

PLANS AND DRAWINGS

Plans and drawings listed below are hereby incorporated into this ITB:

PLANS AND DRAWINGS for Thompson’s Mills – Tailrace Support column Replacement Project dated June 30, 2024 prepared by Hennebery Eddy Architects and Owner.

Items not indicated in the plans and drawings that can be legitimately and reasonable inferred to complete the Work must be furnished by the Contractor as though it were detailed herein.

For purposes of the ITB, Attachment C is found as 1 separate upload on OregonBuys.

All references to “General Contractor” in Plans and Drawings have the same meaning as “Contractor”

ATTACHMENT D

SAMPLE PUBLIC IMPROVEMENT CONTRACT, FORMS AND EXHIBITS

· ATTACHMENT D-1: SAMPLE PUBLIC IMPROVEMENT CONTRACT FORM

· ATTACHMENT D-2: PERFORMANCE BOND FORM

· ATTACHMENT D-3: PAYMENT BOND FORM

· ATTACHMENT D-4: GENERAL CONDITIONS AND CONTRACT CLOSEOUT COMPLIANCE

CHECKLIST

· ATTACHMENT D-5: INSURANCE REQUIREMENTS

ATTACHMENT D-1

SAMPLE PUBLIC IMPROVEMENT CONTRACT FORM

FOR BIDDERS: COPIES OF THIS PUBLIC IMPROVEMENT CONTRACT FORM---MODIFIED FROM BEING THIS EXHIBIT 5 SAMPLE TO THE ITB TO A STAND-ALONE RESULTING CONTRACT BETWEEN THE PARTIES---WILL BE SENT TO THE INTENDED AWARDEE (CONTRACTOR) BY AGENCY AT THE TIME OF THE STATE'S NOTICE OF INTENT-TO-AWARD.