ITB 9964 Boating Facility Improvements at Mayer State Park~1.pdf

INVITATION TO BID

OPRD Project: 31767 OregonBuys Solicitation# S-63400-00007968

Boating Facility Improvements at Mayer State Park

Oregon Parks & Recreation Department

Closing Date: September 20, 2023 Closing Time: 2:00 p.m.

Single Point of Contact: Melody Waight Phone: 503-713-1506 Email: melody.waight@oprd.oregon.gov mailto:melody.waight@oprd.oregon.gov

ITB 9964 – Boating Facility Improvements at Mayer State Park

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 AND BOLI REQUIREMENTS

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND

SECTION G RECYCLED PRODUCTS / DEMOLITION WORK

SECTION H OFFEROR INFORMATION, DISCLOSURES, CERTIFICATIONS, AND SIGNATURE

EXHIBIT 1 PRICING SUBMITTAL FORM

EXHIBIT 2 BID SECURITY FORM

EXHIBIT 3 PERFORMANCE BOND FORM

EXHIBIT 4 PAYMENT BOND FORM

EXHIBIT 5 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 6 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

EXHIBIT 8 FIRST-TIER SUBCONTRACTOR FORM

EXHIBIT 9 FEDERAL TERMS AND CONDITIONS

ATTACHMENT A TECHNICAL SPECIFICATIONS for Boating Facility Improvements at Mayer State Park ATTACHMENT B PLANS AND DRAWINGS Sheets 01 - 32

ATTACHMENT C INADVERTANT DISCOVERY PLAN

ATTACHMENT D PERMITS

– US Army Corps of Engineers (COE) Permit Number - #NWP-2020-436

– Oregon Department of State Lands (DSL) Permit Number - #APP0062966

– Wasco County Permit Number - #921‐21‐000001‐PLNG

– Oregon Department of Environmental Quality (DEQ) Permit Number - #2020-436

SECTION B – DEFINITIONS

B.1 DEFINITIONS

Together with the Definitions found in Section A.1 of Exhibit 6 - State of Oregon General Conditions for Public Improvement Contracts, (“General Conditions”) the following definitions apply to this ITB and the resulting Contract.

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

B.1.2 "Agency" means the Oregon Parks & Recreation Department (“OPRD”).

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" and “Offeror” are used interchangeably and each means an individual, organization, or representative of an organization that submits a Bid in response to this ITB.

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

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

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

B.1.8 "Public Opening" means the date/time set to read the Bidder’s name and total cost of the Bid submittals.

B.1.9 “Owner” means the State of Oregon, by and through its Parks & Recreation Department.

B.1.10 "OregonBuys” means the online electronic Oregon Automated Procurement System administered by DAS.

The OregonBuys website is located at: https://oregonbuys.gov.

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

B.1.12 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type, or other method of impression, 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, including email submission, and intended to represent or convey particular ideas or meanings.

B.1.13 “Construction Materials” for purposes of Build America, Buy America, includes an article, material, or supply that is or consists primarily of: non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, or drywall. “Construction materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives as inputs to the construction material.

B.1.14 “Produced in the United States” for purposes of Build America, Buy America, means (a) in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) in the case of manufactured products that the manufactured product was manufactured in the United States and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product.

SECTION C – GENERAL INFORMATION/BIDDING INFORMATION AND INSTRUCTIONS TO OFFERORS

C.1. GENERAL INFORMATION

C.1.1. PROJECT INFORMATION

ITB PURPOSE:

The purpose of this Invitation to Bid (“ITB”) is to establish a contract for Boating Facility Improvements at Mayer State Park (“Project”) for the benefit of the Oregon State Parks (the “Contract”). The work contemplated under this Contract (the “Work”) includes all labor, materials, transportation, equipment, permits, and services for, and incidental to, the completion of all Work in connection with the project described in the Contract Documents.

PROJECT DESCRIPTION:

Contractor shall provide all necessary expertise, labor, equipment, materials, incidentals, and permits required to complete the Project as more fully described in the Contract Documents, including:

1. Demolish existing boat ramp, docks, steel piles, vault toilet and parking lot.

2. As mitigation, remove and dispose of 30-wood derelict piles located in Salisbury Slough.

3. Construct new boat ramp, piling, parking lot and storm water treatment swales.

4. Install Owner-supplied docks, vault toilet and signage.

The Work to be performed under this Contract shall consist of furnishing tools, equipment, materials, supplies, and manufactured articles and for furnishing transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents.

PROJECT LOCATION:

Mayer State Park located on Rowena River Road, Exit 76 off I-84 North near Rowena, Oregon (Wasco County) Oregon.

PROJECT ESTIMATE:

The following is a project estimate for bonding purposes: $1,600,000.00

FUNDING SOURCE:

State funding

Federal Funding: USFWS Federal Grant F23AF00790

• (sub-recipient grant agreement between ODFW and OPRD)

FEDERAL FUNDING REQUIREMENTS:

This Project includes federal funding; however, payment of Davis-Bacon wages does not apply.

This ITB and resulting contract are subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. All iron, steel, manufactured products, and construction materials used in this Project must be produced in the United States, absent an approved waiver.

PRE-BID CONFERENCE

There is NO pre-bid conference for this solicitation.

PROJECT COMPLETION DATES:

PROJECT START DATE: Upon issuance of Notice to Proceed.

IN-WATER WORK PERIOD: November 15 through March 15 of each year.

SUBSTANTIAL COMPLETION: No later than April 1, 2024

FINAL COMPLETION: No later than April 15, 2024

LIQUIDATED DAMAGES:

Liquidated damages of $500 per day will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (See also ITB Exhibit 5, Section 4)

C.1.2 SOLICITATION SCHEDULE

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

ACTIVITY

SCHEDULE/DEADLINE

Deadline for solicitation protests, requests for change, requests for clarification, requests for brand name/ product substitutions, and questions

7 calendar days prior to the Bid Opening Date identified in OregonBuys for this ITB

Deadline for Bid Submittal See “Bid Opening Date” and time identified in OregonBuys for this ITB

Public Bid Opening Immediately after Bid Opening Date and time.

(See Section C.6 for details)

Deadline for Award Protest 7 calendar days after issuance of the Notice of Intent to Award. See ITB section C.16

C.1.3 RESERVED

C.1.4 POINT OF CONTACT

The single point of contact (“SPC”) for questions regarding the ITB, forms, bidding processes, changes, clarifications, requests for brand approval, substitution requests, the award processes, protests, and any other issues that may arise, is:

Melody Waight, Sr. Procurement Specialist Phone: (503) 713-1506 E-mail: melody.waight@oprd.oregon.gov mailto:melody.waight@oprd.oregon.gov

C.1.5 GENERAL BIDDING INFORMATION AND BID REQUIREMENTS

C.1.5.1 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, women, emerging small, and service-disabled 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.1.5.2 OREGONBUYS

REGISTRATION REQUIREMENT: All vendors must be registered in OregonBuys to do business with the State.

Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. Agency shall not be responsible for defective registration or incorrect vendor information.

CROSSWALK of TERMS

Terms used in OregonBuys Definition

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

Bid Opening Date “Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137-046-0110(21) will immediately occur.

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

Change Order A formal change to an existing MBPO (i.e., any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Master Blanket Purchase Order

(“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Quote Any form of Bid submission by vendors (i.e., Bids, Quotes), or any other type of Bid required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

C.1.5.2.1 OBTAINING ITB DOCUMENTS: This ITB, ITB attachments and any Addenda and notices (“Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso.

Contact the Purchaser identified in OregonBuys for this ITB if unable to access solicitation documents via OregonBuys.

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

Bidders shall provide required information on the forms specified in this ITB. Any information Bidder submits that is not required to be included on forms prescribed by this ITB must be formatted in the manner called for in this ITB and submitted on Bidder’s letterhead.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx

Bidder shall not make the Bid contingent upon Agency acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this ITB. Bidder must select “Yes” on the Terms & Conditions tab in OregonBuys or the Bid will be rejected.

C.1.5.2.2 ITB ATTACHMENTS AND ADDENDA: In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

• Details entered in the Header Information section;

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

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

C.1.5.3 SUBMITTALS VIA OREGONBUYS

C.1.5.3.1 INSTRUCTIONS: Bidder must be a registered Vendor in OregonBuys (see section C.1.5.2). Bidder should select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidder must complete and submit all items identified in Section C.1.5.3.3 via OregonBuys, in accordance with all instructions in this ITB, no later than the Bid Opening Date and time specified in OregonBuys for this ITB. Submittals by any other means will be rejected, unless the SPC is notified per the process described below.

In the event the Bidder is unable to successfully submit its Proposal through OregonBuys, the Bidder must notify the SPC and provide an explanation of the Bidder’s inability to submit its Bid through OregonBuys, and then successfully submit its Bid to the SPC via email (at the email address provided in Section C.1.4) by the Closing date/time stated on the cover page of this RFP, as it may be extended by Addenda.

Agency will use the time stamp on the submittal through OregonBuys to determine timeliness, or the date and time of the email submittal to the SPC, in the event a Bidder is unable to submit its Bid through OregonBuys, the Bidder has notified the SPC of that event and the Bidder has submitted its Bid to the SPC via email.

C.1.5.3.2 PRICING SUBMITTAL FORM: Bidders must complete the Pricing Submittal Form (Exhibit 1) using the forms available for download from the File Attachments section for this ITB in OregonBuys. Failure to supply all required information in the Pricing Submittal Form may result in rejection of the Bid as non-responsive. In the event of a discrepancy between extended prices and unit prices, unit prices will prevail. If the Pricing Submittal Form is replaced by an Addendum, then Bidders shall use that replacement form to provide pricing and other required information.

The quantities listed in the Pricing Submittal Form for this ITB are intended to serve only as a guide to Bidders and are not to be construed as a guarantee. All quantities are estimated and are for Bid purposes only. Agency reserves the right to adjust quantities or delete items as needed. Payment will be made based on actual, measured quantities.

C.1.5.3.3 INFORMATION TO BE SUBMITTED: The Bid is comprised of the following items, which Bidder must submit via upload in OregonBuys, no later than the Bid Opening Date and time specified in OregonBuys for this ITB, or the Bid may be found nonresponsive and rejected. See Section C.1.5.3.1 for submittal instructions.

The following must be submitted prior to Closing:

Completed Section H (Offeror’s Information, Disclosures, Certifications and Signature (Sections H.1— H.11)).

Pricing Submittal Form (Exhibit 1); and Bid Security (Exhibit 2) unless another method of submission is approved per Section D

The following must be submitted via OregonBuys prior to the Bid Opening Date and time OR via email to the SPC (at the email address provided in Section C.1.4) within two working hours after the Bid Opening Date and time specified in OregonBuys for this ITB:

First-Tier Subcontractor Disclosure Form (Exhibit 8), See Section F for instructions.

C.1.5.4 ELECTRONIC BID PROVISIONS

https://oregonbuys.gov/bso/ https://oregonbuys.gov/

C.1.5.4.1 Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes.

C.1.5.4.2 Agency reserves the right to reject any Bid that is unreadable.

C.1.5.4.3 Agency reserves the right to award the Contract solely on the Bid submitted electronically through OregonBuys; however, upon Agency’s request, the apparent successful Bidder shall promptly submit its complete original signed bid. In the event of a failure of an Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to 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 notice of the extension immediately after the Electronic Procurement System or email system becomes available.

C.1.5.4.4 By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with Agency that signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

C.1.6 TRADE SECRETS

Any information that Offeror submits in response to the ITB that Offeror considers a trade secret under ORS 192.345(2), and that Offeror wishes to protect from public disclosure, must be clearly labeled with the following:

"This information constitutes a trade secret under ORS 192.345(2), and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192." Offerors are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Offerors that is already in the public domain is not protected. The State is not liable for disclosure or release of information when authorized or required by law or court order to do so. The State is immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

C.1.7 SOLICITATION LAW, RULES, AND GENERAL CONDITIONS

This ITB and the resulting Contract shall be governed by and construed and enforced in accordance with the laws of State of Oregon without regard to principles of conflicts of law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes, and Divisions 46 and 49 of the Administrative Rules of the Oregon Department of Justice. The ITB and resulting Contract may be subject to other laws and rules. Offerors should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

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

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

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

C.1.7.3 In addition to the foregoing, this solicitation and the Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS, ("General Conditions") dated January 1, 2012, as modified by the Supplemental General Conditions found at Exhibit 6 and Exhibit 7 respectively.

C.1.8 BRAND NAME USAGE

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

C.1.8.2 BRAND NAME "OR EQUAL:" Any brand name listed in the specifications with an "or equal" establishes 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.

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

The Owner’s Authorized Representative shall determine, in its sole discretion, whether a product offered is "or equal." This determination shall not absolve the submitting Bidder of sole liability related to the proposed product’s failure to meet the specified requirements.

C.1.8.3 BRAND NAME "OR APPROVED EQUAL:" Any brand name listed in the specifications with an "or approved equal" or an “or approved equivalent” establishes the minimum requirements for appearance, 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.

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

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

BRAND NAME / PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (a) requests for approval of an "equal" or an "equivalent;" (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms, Technical Specifications or Plans and Drawings, and (d) formal submittal of protests of contractual terms, Technical Specifications or Plans and Drawings. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to contractual terms, Technical Specifications or Plans and Drawings, may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS: Requests for approved equal, requests for clarification, requests for change, and solicitation protests shall be made in Writing via email to the SPC (at the email address provided in Section C.1.4) and marked as follows:

Request for:

• Brand Approval/Request for Substitution/Request for Clarification/Request Change/Solicitation

Protest (as applicable)

• ITB Number

• Closing Date & Time

And must be received by the SPC by the date and time listed in Section C.1.2. Unless this specific deadline is extended by subsequent Addenda, no requests for approved equal, requests for clarification, requests for change, or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.2.2.1 REQUEST FOR APPROVAL OF AN "EQUAL" OR AN "EQUIVALENT:" Pursuant to Section C.1.8.3, Offerors must provide the specified product unless another is approved through a request for approval of an "equal" or an "equivalent" or a product exemption has been issued (ORS 279C.345). Other brands meeting the specified requirements will be considered upon proper submittal of the request with appropriate documentation.

Requests shall be submitted in conformance with the requirements of C.2.2.

• Requests shall provide all the information necessary for the State to determine product acceptability.

• Failure to provide sufficient information with the request will be cause for the request not to be considered as equivalent.

• Any product subsequently approved for substitution will be listed on an Addendum issued by Agency and posted on OregonBuys.

C.2.2.2 REQUEST FOR CLARIFICATION: Any Offeror that finds discrepancies in, or omissions from any provision of the ITB, Technical Specifications, Plans and Drawings, or Contract Documents or has doubt as to the meaning, shall make a request for clarification in conformance with the submittal requirements of C.2.2.

Failure to advise Agency will constitute notice that Offeror is fully satisfied with the provisions of the ITB, Technical Specifications, Plans and Drawings, and Contract Documents and that the Offeror intends to perform its obligations with no impediments to the Work.

C.2.2.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS, TECHNICAL SPECIFICATIONS, OR PLANS AND DRAWINGS: Any Offeror may submit a request for changes to contractual terms, Technical Specifications or Plans and Drawings. To be considered, the request must be submitted in accordance with the requirements of C.2.2. The request must include the reason for the requested changes, supported by factual documentation, and any proposed changes.

C.2.2.4 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICIATIONS: Any Offeror who believes contractual terms, Technical Specifications, Plans or Drawings are unnecessarily restrictive or limit competition may submit a protest in in conformance with the requirements of Section C.2.2. The protest must 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.2.3 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in Writing, or included in an Addendum as a "clarification," do not change the Technical Specifications, Plans and Drawings, contractual terms, or procurement requirements of the ITB. If a request for clarification raises an issue that Agency determines should be handled by formally amending the ITB, Agency will do so by announcing such a change in an Addendum posted on the OregonBuys System.

C.2.4 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE, AND PROTESTS: Agency shall promptly respond to each properly submitted written request for brand approval, request for substitution, request for change, and protest. Where appropriate, Agency will issue ITB revisions via Addenda posted on the OregonBuys System.

C.2.5 QUESTION AND ANSWER DOCUMENTS: Agency may post question and answer documents on OregonBuys to respond to inquiries when Agency determines, in its sole discretion, the answers do not effect changes to this ITB.

HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB, TECHNICAL

SPECIFICATIONS, PLANS AND DRAWINGS, OR CONTRACTUAL TERMS. PROCUREMENT REQUIREMENTS

OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY AGENCY AND POSTED ON THE

OREGONBUYS SYSTEM.

C.3 REQUESTS OR PROTESTS RELATING TO 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. Agency will not consider requests or protests of matters not added or modified by the Addendum.

C.4 BID MODIFICATION PRIOR TO CLOSING

Once submitted, Offers may be modified before the Bid Opening Date by (i) uploading a new Bid in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button or (ii) in Writing via an email to the SPC (at the email address provided in Section C.1.4) from the authorized representative stating that the modifications amend and supersede the prior Offer.

Offerors may not modify Offers after Closing/Bid Opening Date.

Nothing in Section C.4 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 Technical Specifications, Plans or Drawings attached to the Bid documents.

C.5 OFFER WITHDRAWALS PRIOR TO CLOSING

If a Bidder wishes to withdraw a submitted Bid through OregonBuys, the Bidder must do so by (i) using the “Withdraw Quote” button in OregonBuys and also uploading a document prepared on Bidder’s letterhead and signed by the authorized representative; or (ii) submitting via email to the SPC (at the email address provided in Section C.1.4) a Bid withdrawal document prepared on Bidder’s letterhead and signed by the authorized representative.

The Bid withdrawal must be received by the SPC prior to Closing.

C.6 BIDS RECEIVED AND BID OPENING

C.6.1. BIDS RECEIVED: Bids must be received in accordance with all instructions in this ITB prior to the “Bid Opening Date” and time specified in OregonBuys for this ITB. Bids received after the Bid Opening Date and time, or as may be extended by any subsequently issued Addendum, will not be considered for award.

C.6.2 PUBLIC BID OPENING: Public Bid Opening will occur immediately following “Bid Opening Date” and time unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public Bid Opening. Award decisions will not be made at the public Bid Opening. Agency will hold the public Bid Opening through electronic means. Interested parties may attend the public Bid Opening for this solicitation electronically at:

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C.7 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (Exhibit 8)

First-tier subcontractor disclosure forms not included in the Bid Submission must be sent by email within two working hours after the Closing to the SPC email address provided in Section C.1.4. Failure to comply with this requirement shall result in rejection of the Offer as non-responsive.

C.8 PRELIMINARY BID RESULTS

Prior to the Notice of Intent to Award, Agency may post preliminary bid results on the OregonBuys System. Such postings may not be correct and are not final.

C.9 TIME FOR OFFER ACCEPTANCE

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

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

Agency may request, orally or in Writing, that Offerors extend, in Writing, the time during which Agency 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 OFFER EVALUATION CRITERIA AND METHOD OF AWARD

C.11.1 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, Agency may waive minor informalities and irregularities, and may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

As a particular matter of responsiveness Bidder shall not make the Bid contingent upon Agency’s acceptance of Specifications, Plans, or Contract terms that conflict with, or are in addition to those advertised in, this ITB.

C.11.2 RESPONSIBILITY: Prior to award of a Contract, Agency will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390.

See also OAR 137-049-0440(1)(c)(H) and Section H of this ITB. In doing so, Agency may investigate Offeror and request information in addition to that already required in the ITB, when Agency, in its sole discretion, considers it necessary or advisable. Bidder shall complete the information in Section H - Supplemental Questions.

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Agency 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 Agency to obtain any information Agency deems necessary to conduct the evaluation. Agency 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. Failure to promptly provide this information will result in Offer rejection. Agency 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.

C.11.3 RESERVED

C.11.4 RESERVED

C.11.5 REJECTION OF BID DUE TO CERTAIN DEBT. Agency may reject the Offeror’s bid if the Offeror has liquidated and delinquent debt owed to the State or any department or agency of the State.

C.11.6 METHOD OF BID 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 total of the lowest responsive base bid and any alternates selected for award. Agency reserves the right to withdraw any item from award consideration if it is in the best interest of the State to do so.

C.12 PROCESSING OF BIDS

Neither the release of a Bid Security (if required), nor acknowledgment that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of Notice of Intent to Award, or otherwise), shall operate as a representation by Agency that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.13 WITHDRAWAL BY AGENCY OF BID ITEMS PRIOR TO AWARD

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

C.14 REJECTION OF OFFERS

C.14.1 REJECTION OF ALL OFFERS: Agency may reject all Offers for good cause upon its finding that it is in the public interest to do so.

C.14.2 REJECTION OF PARTICULAR OFFERS: Agency may reject a particular Offer for any of the reasons listed under OAR 137-049-0440.

C.15 INTENT TO AWARD

Agency will announce its notice of intent to award on the OregonBuys System ("Notice of Intent to Award").

C.16 PROTEST OF NOTICE OF INTENT TO AWARD

C.16.1 Adversely-affected or aggrieved Offerors shall have seven (7) calendar days from the date of the Notice of Intent-to-Award within which to file a written protest via email to the SPC at the email address provided in Section C.1.4. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

C.16.2 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.16.3 The written protest shall state the grounds upon which the protest is based. Pursuant to OAR 137-049-0260, no protest against award shall be considered because of the content of Bid Specifications, Plans, or contract Terms after the deadline established for submitting protests of Bid Specifications, Plans or Contract Terms.

C.17 RESPONSE TO NOTICE OF INTENT TO AWARD PROTESTS

Agency will respond in Writing via email to Notice of Intent to Award protests from adversely affected or aggrieved Offerors. Agency may also respond to Notice of Intent to Award protests submitted by other Offerors for purposes of clarification. However, any response provided by Agency 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.18 AWARD

After expiration of the 7-calendar day Notice of Intent to Award protest period in Section C.16, Agency will proceed with final Award. If Agency receives only one Bid, Agency may dispense with the Notice of Intent to Award protest period and proceed with award of a Contract.

C.19 COMMENCEMENT OF WORK

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

C.20 REVIEW OF AWARDED BID FILES

Awarded Bid files are public records and available for review by appointment during regular business hours (Monday through Friday) or as otherwise allowed by applicable legal requirements. Upon request, the SPC will arrange for review of the documents.

C.21 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL OFFEROR

C.21.1 INSURANCE: The apparent successful Offeror shall provide all required proofs of insurance to Agency within 14 calendar days of the Notice of Intent to Award Failure to present the required documents within the 14-calendar day period may result in Offer rejection. Offerors are encouraged to consult their insurance agent(s) about the insurance requirements identified in SGC-13 of Exhibit 7 - Supplemental General Conditions prior to Offer submission.

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

C.21.2 PERFORMANCE BOND and PAYMENT BOND: The successful Offeror must furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State of Oregon, to ensure faithful performance of the Contract and payment for services and goods.

NOTE: THE STATE OF OREGON PERFORMANCE AND PAYMENT BONDS, EXHIBITS 3 AND 4

RESPECTIVELY, ARE THE FORMS APPROVED AND REQUIRED TO BE USED FOR THIS ITB AND THE

RESULTING CONTRACT.

The apparent successful Offeror shall provide all required bonding to the SPC within 7 calendar days of notification of Intent to Award Failure to present the required documents within 7 calendar days may be grounds for award disqualification.

C.21.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Offeror, if a joint venture or partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to submit the 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.21.4 CERTIFICATE OF PAY EQUITY TRAINING: Prior to execution of the Contract, the apparent successful Offeror must submit to the single point of contact listed in Section C.1.1.1 within 7 calendar days of Notice of Intent to Award, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under ORS 279A.167. This requirement applies only to Offerors that employ 50 or more fulltime workers and only if the Contract has an estimated contract price that exceeds $500,000.

Information about obtaining the Certificate can be obtained at:

http://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

C.21.5 TAX ID NUMBER: The apparent successful Offeror shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by Contracting Agency, or

• When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

The W-9 form is available from the Internet at: http://www.irs.gov/pub/irs-pdf/fw9.pdf. No payment can be made until a properly completed W-9 is on file with Agency.

C.21.6 BUSINESS REGISTRY NUMBER/REGISTERED AGENT: If selected for Contract award, Offeror must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract.

Firms that contract with ODOT are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration. The apparent successful Offeror shall (unless Offeror is an individual operating as the individual’s real and true name or otherwise exempt under applicable laws) submit a current Oregon Secretary of State business registry number. See process for obtaining a business registry number (https://sos.oregon.gov/business/Pages/register.aspx). All Corporations and other business entities (domestic and foreign) must have a registered agent in Oregon. See requirements and exceptions regarding registered agents: https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx.

For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules (https://sos.oregon.gov/business/pages/laws-rules.aspx). The titles in this subsection are available on the Secretary of State’s Business site: https://sos.oregon.gov/business/Pages/default.aspx.

C.21.7 EXECUTION OF AGREEMENT FORM: Once all items required under Section C.21 have been received from the apparent successful Offeror and accepted by Agency, Agency will finalize and email the Public Improvement Agreement Form (see Exhibit 5) to the Bidder, which the Bidder shall sign and return in Writing (hard copy or by email, as directed by SPC) and within the timeline designated by SPC. Agency will then sign the Public Improvement Agreement Form and email a fully executed copy of it to the Bidder.

Should apparent successful Bidder, working in good faith, be unable to comply with the timeframes set forth in this Section, apparent successful Bidder shall in Writing via email to SPC explain the circumstances and request an extension for the number of days needed to achieve compliance, which Agency, in its sole discretion, may allow.

In the event that apparent successful Bidder fails to timely provide the information required or execute the Public Improvement Agreement Form in accordance with this Section C.21, Offeror’s Bid Security will be forfeited as set forth in Section D.5.

SECTION D – BID SECURITY REQUIREMENTS

D.1 Each Offer must be accompanied by (submitted via email except as provided in D.4) a certified or cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond, payable to the Oregon Parks & Recreation Department in an amount equal to ten percent (10%) of the total amount of the Offer (“Bid Security”). Upon request or demand by Agency, Bidder must immediately furnish the original of any Bid Security submitted via email.

D.2 Bidders must furnish Bid Security to Agency as security against the failure of the Bidder to comply with all requirements within the time frames established subsequent to Notice of Intent to Award.

http://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf http://www.irs.gov/pub/irs-pdf/fw9.pdf https://sos.oregon.gov/business/Pages/register.aspx https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx https://sos.oregon.gov/business/pages/laws-rules.aspx https://sos.oregon.gov/business/Pages/default.aspx

D.3 If Bid Security is furnished by means of a Bid Bond, The State of Oregon Bid Security Form, provided as Exhibit 2, is the form approved and required to be used for this ITB.

D.4 If Bid security is furnished by means of a certified or cashier’s check, Bidder must notify the SPC for submittal instructions. Bid security must be received by the SPC before the Closing.

D.5 Agency may cash the check, draw under the letter of credit, or otherwise collect under the Bid Security, if any of the following occur:

D.5.1 Bidder fails to promptly and properly deliver the performance bond and the payment bond within the time specified in Section C.21.2, or

D.5.2 Bidder fails to furnish certificates of insurance within the time specified in Section C.21.1, or

D.5.3 Bidder fails to execute the Public Improvement Agreement within the time specified by SPC per Section C.21.7.

SECTION E – PREVAILING WAGE RATES AND BOLI REQUIREMENTS (NOTE: Davis-Bacon Wages Do NOT apply to this Project)

E.1 The Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to prevailing wage rates, as outlined in Sections C.1, C.2 and G.2.3 of the General Conditions for Public Improvement Contracts.

Before starting Work the Contractor must 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 BOLI prevailing wage rate requirements and the prevailing wages rates set forth as of the date this ITB was first advertised, which while not physically attached, are available at the following weblink and incorporated herein by reference with the same force and effect as though fully set forth herein: https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx.

Bidder is responsible for accessing the above weblink to review the applicable prevailing wage rates, including any amendments issued as of the date this ITB was first advertised.

E.3 The Work will take place in Wasco County, BOLI Region 9.

SECTION F – FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

F.1 Pursuant to ORS 279C.370 and OAR 137-049-0360, Offerors are required to disclose information about certain first-tier subcontractors when Agency estimates the Contract value for a Public Improvement to be greater than $100,000. Specifically, when the subcontract amount of a first-tier subcontractor furnishing labor, or labor and materials, will 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 on the Disclosure Form (Exhibit 8) the following information about that subcontract in its Bid submission or within two (2) working hours after Closing:

• The subcontractor's name,

• Dollar value of subcontract, and

• The category of work that the subcontractor would be performing.

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

F.2 Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers which are submitted by Closing, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and will not be considered for Contract award.

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

AGENCY MUST REJECT AN OFFER IF THE OFFEROR FAILS TO SUBMIT THE DISCLOSURE FORM (EXHIBIT

8) WITH THIS INFORMATION BY THE STATED DEADLINE.

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