ITB 2022-1 TIP Interior and Parking Reconstruction.pdf

ITB No. 2022-1

54048-76387 4863-5236-3805.5

DALLAS COMMUNITY SCHOOL

Invitation to Bid # 2022-1

TENANT IMPROVEMENT PROJECT -

INTERIOR AND PARKING RECONSTRUCTION

BID CLOSING:

Tuesday, May 24, 2022 2:00 PM PST

BID OPENING:

Tuesday, May 24, 2022 2:30 PM PST

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 PWL/DAVIS BACON)

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

SECTION G CONSTRUCTION CONTRACTORS BOARD (CCB) REGISTRATION

REQUIREMENTS; ASBESTOS ABATEMENT LICENSING REQUIREMENTS;

AND JOINT VENTURE - PARTNERSHIP REQUIREMENTS

SECTION H ADDENDA ACKNOWLEDGMENT

SECTION I RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES

SECTION J RECYCLED PRODUCTS

SECTION K RESIDENCY INFORMATION

SECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION M CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS

SECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION

SECTION O SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

EXHIBIT 1 BID SCHEDULE

EXHIBIT 2 BID SECURITY FORM

EXHIBIT 3 PERFORMANCE BOND FORM

EXHIBIT 4 PAYMENT BOND FORM

EXHIBIT 5 CONTRACT

ATTACHMENT A SPECIFICATIONS

ATTACHMENT B DRAWINGS

SECTION B - DEFINITIONS

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

Contract.

B.1.1 "Addendum” 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" means the Dallas Community School.

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means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.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 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

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

B.1.8 "OregonBuys" means the on-line electronic Oregon Automated Procurement System administered by DAS. The OregonBuys website is located at: https://OregonBuys.gov/bso/

B.1.9 “School” means the Dallas Community School.

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

B.1.11 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a

Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

SECTION C - GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS

C.1 GENERAL INFORMATION

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 Jamie Richardson, who can be contacted at jrichardson@dallascommunityschool.org. All communication shall be via email.

C.1.1.2 The contact point for requests for brand approval, or substitution requests is Jamie Richardson, who can be contacted at jrichardson@dallascommunityschool.org.All communication shall be via email.

C.1.2 ENGINEER AND CONSULTANT INFORMATION:

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

Architect: Ronald James Ped Architect, PC, 6850 Burnett Street SE, Salem, OR 97317.

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 OregonBuys as part of the solicitation document and will not be mailed to prospective Offerors.

C.1.3.2 ATTACHMENTS: All exhibits and attachments can be viewed or downloaded through OregonBuys.

C.1.3.3 ADDENDA: Addenda are incorporated with the original solicitation as an attachment and can be viewed and downloaded by registered suppliers. Offerors should consult OregonBuys 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 OregonBuys. Suppliers can register in OregonBuys at:

https://oregonbuys.gov/bso/.

Interested parties who download ITB documents from OregonBuys 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 OregonBuys. Interested parties who have entered their company on OregonBuys are responsible for making sure information is correct and accurate. The School assumes no responsibility for the content of the interested parties’ information shown on OregonBuys.

C.1.5 TRADE SECRETS:

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

C.1.6 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 mailto:jrichardson@dallascommunityschool.org mailto:jrichardson@dallascommunityschool.org

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

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

C.1.6.2 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES - (OAR Chapter 137, Divisions 46 and 49) - Can be obtained on line at: https://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx

C.1.6.3 RESERVED

C.1.7 BRAND NAME USAGE:

C.1.7.1 BRAND NAME: Any brand name listed in the specifications without an "or equal" "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the brand named is not mandated pursuant to a brand name exemption.

C.1.7.2 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.1.7.3 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.

The School 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:

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

ITB Number

Closing Date & Time and must be received by the appropriate point of contact as identified in Section C.1.1 by 2:00 P.M. (PST) on May 13, 2022. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally-issued ITB will be considered after the date and time specified herein.

C.2.3 REQUEST FOR APPROVAL OF AN "OR APPROVED EQUAL" OR AN "OR APPROVED EQUIVALENT": Pursuant to

Section C.1.7.3, Offerors shall provide that product unless another is approved through a request for approval of an "or approved https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx https://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx 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.1.1.2 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 School 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 the School and posted on

OregonBuys.

C.2.4 REQUEST FOR CLARIFICATION: Any Offeror that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents or has doubt as to the meaning, 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 the School 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 the School 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 the School 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 the School determines should be handled by formally amending the ITB, the School 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: The School shall promptly respond to each properly submitted written request for brand approval, request for substitution, request for change, and protest. Where appropriate, the School will issue ITB revisions via Addenda posted on

OregonBuys. The School 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 THE SCHOOL AND POSTED ON OREGONBUYS.

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. The School 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, e-mail 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 the School 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:

➢ Bid Schedule Form, Exhibit 1;

➢ Bid Security Requirements as per Section D;

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

Joint Venture - Partnership Declaration, Section G;

➢ Addenda Acknowledgement; Section H;

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

➢ Residency Information, Section K;

➢ Signature of Bidder's Duly Authorized Representative, Section O;

➢ Addenda (If required)

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

➢ First Tier Subcontractor Disclosure Form, Section F

C.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 SIGNATURE REQUIRED: OFFER SUBMITTED BY OFFEROR 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 2022-1

Closing Date & Time

Dallas Community School

Attn: Jamie Richardson

124 SW Walnut Avenue

Dallas, OR 97338

The School 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 the School 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 Dallas Community School, Attn: Jamie Richardson, 124

SW Walnut Avenue, Dallas, OR 97338 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.

Offers will be publicly opened and read at the Opening at the date/time specified on page one (1) of the ITB, at Dallas Community

School, 124 SW Walnut Avenue, Dallas, OR 97338. 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 Dallas Community School, Attn: Jamie Richardson, 124 SW

Walnut Avenue, Dallas, OR 97338. 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, the School may post preliminary bid results on OregonBuys. Such postings may not be correct and are not final.

C.9 TIME FOR OFFER ACCEPTANCE

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

Closing date.

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

The School may request, orally or in writing, that Offerors extend, in writing, the time during which the School 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. The School reserves the right to reject all Bids.

C.12 SUBSTANTIAL COMPLIANCE REQUIRED

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

C.13 OFFER EVALUATION CRITERIA

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

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

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

C.13.2 RESPONSIBILITY: Prior to award of a Contract, the School will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, the School may investigate Offeror and request information in addition to that already required in the ITB, when the School, 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, the School will add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Offeror is from a state that grants a ten (10) percent preference to local Offerors, the School 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 the School that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.15 WITHDRAWAL BY THE SCHOOL OF BID ITEMS PRIOR TO AWARD

The School 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: The School may reject all Offers upon its finding that it is in the public interest to do so.

C.16.2 REJECTION OF PARTICULAR OFFERS: The School may reject a particular Offer for any of the reasons listed under OAR

137-049-0440.

C.17 INTENT-TO-AWARD ANNOUNCEMENT

The School reserves the right to announce its intent to award prior to formal Contract award by posting the tabulation sheet of Bid results and notice of intent to award on OregonBuys, or by letter, fax or email ("Intent-to-Award Announcement"). The Intent-to-

Award Announcement shall serve as notice to all Offerors that the School 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

The School will respond in writing to intent-to-award protests submitted by adversely-affected or aggrieved Offerors. The School may also respond to intent-to-award protests submitted by other Offerors for purposes of clarification. However, any response provided by the School 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, the School will proceed with final award. (If the School receives only one Bid, the School 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 the School 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 the School within 10 calendar days of notification of intent to award. Failure to present the required documents within the 10 calendar-day period may result in

Offer rejection. Offerors are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Exhibit

5.

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

C.23.2 PERFORMANCE BOND and PAYMENT BOND: The successful Offeror shall be required to furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the School, to ensure faithful performance of the Contract and payment for services and goods.

NOTE: THE SCHOOL PROVIDED PERFORMANCE AND PAYMENT BONDS ARE THE FORMS APPROVED AND

REQUIRED TO BE USED FOR THIS ITB.

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

The apparent successful Offeror shall provide all required bonding to the School within 10 calendar days of notification of award.

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

C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Offeror, if a Joint Venture/Partnership, shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer and to enter into the resulting

Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the

Contract. All partners and joint venturers will be required to sign the Contract awarded.

C.23.4 RESERVED

SECTION D - BID SECURITY REQUIREMENTS

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

D.2 Bid security shall be furnished to the School 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 the School 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 School 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 PWL/DAVIS BACON)

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

Wage Rates.

The Contractor will also comply with the Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).

Contractor shall comply with the highest rate of wage required.

Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions.

The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

E.2 This ITB and the resulting Contract are subject to the following Bureau of Labor and Industries (BOLI) wage requirements and the prevailing wages rates set forth in the following booklet, as amended, which is incorporated herein by reference with the same force and effect as though fully set forth herein, and is available at the following web link:

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

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

These BOLI wage rates are available on line at: http://egov.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml

The Davis Bacon wage rates are available on line at: https://sam.gov/content/home

E.3 The Work will take place in Polk County, Region 3.

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 the School 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.

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

INFORMATION BY THE STATED DEADLINE.

(2) An Offeror shall submit the disclosure form required by OAR 137-049-0360 either in its Offer submission or within two (2) 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) The School shall obtain, and make available for public inspection, the disclosure forms required by OAR 137-049-0360. The

School shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. The School http://egov.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml https://sam.gov/content/home 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 not be required of the Contractor or its subcontractors.

G.3 JOINT VENTURE/PARTNERSHIP DISCLOSURE

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

NO: ________ YES: _______

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

Name: __________________________________________________________

SECTION H - ADDENDA ACKNOWLEDGEMENT

(1) The School 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 OregonBuys. The School 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 the School 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 School 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 School to obtain any information the School deems necessary to conduct the evaluation. The

School 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 School may postpone the award of the Contract after announcement of the apparent successful Offeror in order to complete its investigation and evaluation. Failure of the apparent successful Offeror to demonstrate responsibility, as required under ORS 279C.375(3) and OAR 137-049-0390, shall render the Offeror non-responsible and shall constitute grounds for Offer rejection, as required under ORS 279C.375(3) and OAR 137-049-0440.

1. OFFEROR INFORMATION

Business Name: __________________________________________________________________

Owner(s) Name: __________________________________________________________________

Business Address:

Telephone Number: ____________________________Fax No.: ____________________________

Email Address: ___________________________________________________________________

Name of Public Works Bonding Company: __________________________________________

Address of Public Works Bonding Company:_________________________________________

(street)

(city, state, zip)

Agent Name/Phone: ____________________________________________________________

Public Works Bond Number: _____________________________________________________

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 performed in the last ten (10) years.

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

Project Reference #1

Name of Project: ______________________________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Firm Name for Contact Person #1: ________________________________________________

Name of Contact Person #1: _____________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Fax number for Contact Person #1: ________________________________________________

Firm Name for Contact Person #2: ________________________________________________

Name of Contact Person #2: _____________________________________________________

Telephone Number for Contact Person #2: __________________________________________

Fax number for Contact Person #2: ________________________________________________

Project Reference #2

Project Date: _________________________________________________________________

Firm Name for Contact Person #1: ________________________________________________

Name of Contact Person #1: _____________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Fax number for Contact Person #1: ________________________________________________

Firm Name for Contact Person #2: ________________________________________________

Name of Contact Person #2: _____________________________________________________

Project Reference #3

Project Date: _________________________________________________________________

Firm Name for Contact Person #1: ________________________________________________

Name of Contact Person #1: _____________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Fax number for Contact Person #1: ________________________________________________

Firm Name for Contact Person #2: ________________________________________________

Name of Contact Person #2: _____________________________________________________

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

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

The School 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.

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

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

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

Contractor’s supervisor who is overseeing the work shall have experience on projects similar in both size and complexity and submit with the bid, references for three projects that were performed within the last ten (10) years.

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

The list of references will include the following information:

Name of Project

Project Location

Project Date

Firm Name for Contact Person #1

Name of Contact Person #1

Telephone Number for Contact Person #1

Fax number for Contact Person #1

Firm Name for Contact Person #2

Name of Contact Person #2

Telephone Number for Contact Person #2

Fax number for Contact Person #2

Offeror must provide references with the bid that can be contacted regarding the quality of workmanship and service that the

Contractor’s supervisor provided on current and past projects of similar size and complexity.

3. SUBCONTRACTORS CERTIFIED UNDER ORS 200.055

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

Name:_______________________________________________________

SECTION J - RECYCLED PRODUCTS; DEMOLITION WORK

Vendors shall use recyclable materials to the maximum extent economically feasible in the performance of the Contract Work set forth in this document. ORS 279A.010(ii) provides as follows: "'Recycled product' means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of total weight consisting of post-consumer waste. 'Recycled product' also includes any product that could have been disposed of as a solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form."

ORS 279A.010(u) provides as follows: "'Post-consumer waste' means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. 'Post-consumer waste' does not include manufacturing waste."

ORS 279A.010(jj) provides as follows: "'Secondary waste materials' means fragments of products of finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process. For paper, 'secondary waste materials' does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust, or other wood residue from a manufacturing process."

ORS 279A.010(hh) provides as follows: "'Recycled PETE” means post-consumer polyethylene terephthalate material."

If the Contract includes demolition work, as required by ORS 279C.510(1), the Contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective.

By my signature in Section O, I, the undersigned duly authorized representative of the Offeror, hereby affirm that Offeror will comply with the above recycled products provisions and demolition work provisions.

SECTION K - RESIDENCY INFORMATION

OAR 137-049-0390 states "In determining the lowest responsive Bid, the State must add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides."

"Resident Bidder" means a Bidder 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".(OAR 137-046-0110)

"Non-resident Bidder" means a Bidder who is not a "resident Bidder" as defined above. (OAR 137-046-0110)

a. Check one: Bidder is a ( ) Resident Bidder

( ) Non-resident Bidder

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

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

FOREIGN CONTRACTOR: If the amount of the Contract exceeds ten thousand dollars ($10,000), and if Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. The School shall be entitled to withhold final payment under the Contract until

Contractor has met this requirement.

SECTION L - CERTIFICATION OF COMPLIANCE WITH TAX LAWS

By my signature in Section O of this Contract, I, hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon tax laws" are those tax laws imposed by ORS 320.005 to 320.150 and ORS 403.200 to 403.250 and ORS Chapters 118, 314, 316, 317, 318, 321 and 323; the elderly rental assistance program under ORS 310.630 to 310.706; and any local tax laws administered by the Oregon Department of

Revenue under ORS 305.620.

SECTION M - CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS

(1) Pursuant to OAR 137-049-0200, the Offeror certifies by its signature on these solicitation document forms that it has a Qualifying

Drug Testing Program in place for its employees that includes, at a minimum, the following:

(a) A written employee drug testing policy, (b) Required drug testing for all new Subject Employees or, alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and (c) Required testing of a Subject Employee when the

Offeror has reasonable cause to believe the Subject Employee is under the influence of drugs.

(2) A drug testing program that meets the above requirements will be deemed a "Qualifying Employee Drug Testing Program." An employee is a "Subject Employee" only if that employee will be working on the Project job site.

(3) If awarded a Public Improvement Contract as a result of this solicitation, Offeror agrees that at the time of Contract execution it shall represent and warrant to the Agency that its Qualifying Employee Drug Testing Program is in place and will continue in full force and effect for the duration of the Public Improvement Contract.