ITB S-63400-00005508 Sam Daws Landing Park Residence Foundation Stabilization Rebid.pdf

9294 Sam Daws Landing Park Residence Foundation Stabilization OregonBuys ITB S-63400-00005508

OREGON PARKS AND RECREATION DEPARTMENT

ISSUES THIS INVITATION TO BID

FOR THE PURCHASE OF

Sam Daws Landing Park Residence Foundation Stabilization

(REBID)

OPRD Procurement No.9294

OregonBuys ITB S-63400-00005508

TABLE OF CONTENTS

1.0 PROCUREMENT DESCRIPTION

1.1 Purpose

1.2 Scope of Services

1.3 Additional Information

2.0 SOLICITATION PROCESS

2.1 Procurement Authority and Method

2.2 General Definitions

2.3 Procurement Schedule

2.4 OregonBuys System

2.5 Pre-Bid Meeting

2.6 Inquiries and Changes

2.7 Bid Requirements

2.8 Bid Opening

3.0 EVALUATION PROCESS

3.1 Clarification of Bids

3.2 Disqualification of Bids

3.3 Cancellation of Solicitation

3.4 Administrative Review

3.5 Minimum Requirements

3.6 RESERVED

3.7 Method of Award

3.8 Applicable Preferences

3.9 Bidder References

3.10 Bidder Responsibility

4.0 AWARD PROCESS

4.1 Intent to Award

4.2 RESERVED

4.3 Contract Requirements

ATTACHMENTS:

Attachment 1 Contractual Acceptance Form Attachment 2 Pricing Submittal Form Attachment 3 Method of Repair, Qualifications, References, and Warranty Attachment 4 Bidder Responsibility Form Attachment 5 Sample Contract Form (including Exhibits)

1.0 PROCUREMENT DESCRIPTION

1.1 PURPOSE

The Oregon Parks and Recreation Department (OPRD) is seeking bids for foundation stabilization and slab repair for the Park Residence at Sam Daws Landing. Work consists of stabilization of foundation, and sealing of slab cracks.

As a result of this solicitation process, OPRD intends to award one contract for the Services described in this ITB. The form of the resulting contract and applicable general provisions are included in Attachment 5 (Sample Contract Form).

The term of the awarded Contract is anticipated to be through May 31, 2023. The term of the Contract may be extended by written Amendment.

1.2 SCOPE OF SERVICES

The general scope of services is described in Attachment 5 (Sample Contract Form) Exhibit A (Statement of Work).

The final statement of work will be negotiated with the selected Contractor and set forth in Exhibit A of the executed Contract.

1.3 ADDITIONAL INFORMATION

1.3.1 Tobacco Free Properties. Bidders need to be aware that Executive Order 12-13 established statewide policy that properties wholly owned or leased by the State of Oregon shall be tobacco free. If Bidder is selected for contract award, Bidder, and its employees, agents, and subcontractors will be expected to comply with established smoking restrictions while performing services on State property.

1.3.2 RESERVED

1.3.3 OregonBuys

1.3.3.1 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. OPRD shall not be responsible for defective registration or incorrect vendor information.

1.3.3.2 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.

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

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.

1.3.3.3 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; and

• 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.

1.3.3.4 Obtaining ITB Documents. This ITB, ITB attachments, and any Addenda and notices

(“Amendments”) may be downloaded from the OregonBuys procurement 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.

2.0 SOLICITATION PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

OPRD is conducting this Procurement under the authority granted in ORS 279A.050(6)(d), which gives the State Parks and Recreation Department authority to procure or supervise the procurement of all goods, services, public improvements and personal services relating to state parks in accordance with the Public Contracting Code.

OPRD is conducting this Procurement in accordance with ORS 279B.070 and OAR 137-047-0270, Intermediate Procurements.

2.2 GENERAL DEFINITIONS

Capitalized terms in the ITB have the meaning set forth below, and if not defined below, the meaning set forth in the Attorney General’s Model Public Contract Rules (OAR Chapter 137), and if not https://oregonbuys.gov/bso/ https://oregonbuys.gov/ defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A and 279B).

Other capitalized terms may be defined in the section in which they appear.

2.2.1 “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of this ITB.

2.2.2 “Bid” or “Offer” means the Bidder's written offer submitted in response to this Invitation to Bid, including all necessary attachments.

2.2.3 “Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.

2.2.4 “Closing” means the date and time specified in this ITB as the deadline for submitting Bids.

2.2.5 “Contractor” means the Person with whom OPRD enters into a contract pursuant to this Invitation to Bid.

2.2.6 “Goods” means all supplies, equipment, materials, and personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, required to be delivered under the Contract resulting from this ITB.

2.2.7 “OPRD” means the Oregon Parks and Recreation Department.

2.2.8 "OregonBuys System" or “OregonBuys” means the online electronic Oregon automated procurement system administered by the State’s Department of Administrative Services. The OregonBuys System website is: https://oregonbuys.gov/bso/

2.2.9 “Person” means any of the following with legal capacity to enter into a Contract: individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.

2.2.10 “Responsive” means having the characteristic of substantial compliance in all material respects with the applicable requirements of this ITB.

2.2.11 “Services” means all work required to be performed under the Contract resulting from this ITB.

2.2.12 “Solicitation Document” or “Invitation to Bid (ITB)” means this document, and all its attachments, which is issued to invite offers from prospective contractors pursuant to ORS Chapter 279B.

2.3 PROCUREMENT SCHEDULE

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. OPRD may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys………………. January 20, 2023 Deadline for Inquiries and Requests for Clarification……. January 24, 2023; 2:00 PM PT Closing/Bids Due/Opening…………………………………..January 31, 2023; 2:00 PM PT Contract Awarded……………………………………………. February 3, 2023 Project completion dates……………………………………..May 31, 2023

2.4 OREGONBUYS SYSTEM

This ITB is advertised as a “Bid Solicitation” in the OregonBuys procurement system.

https://oregonbuys.gov/bso/

This document must be viewed electronically to access files, forms, provisions, or other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are unable to open any of the attached documents, forms, or Addenda may contact the Single Point of Contact listed in Section 2.6 for alternative electronic formats or hard copies

2.5 PRE-BID MEETING

No pre-bid meeting will be required for this solicitation.

2.6 INQUIRIES AND CHANGES

2.6.1 Single Point of Contact. Bidders shall address ALL INQUIRIES related to this Solicitation to the individual identified below by any of the following methods:

NAME Julie L. Cone, Senior Contracts Specialist EMAIL: julie.cone@oprd.oregon.gov

PHONE: 503-953-0536

2.6.2 Requests for Clarification. A prospective Bidder may request clarification of any provision contained in this ITB. Any request for clarification must:

• Be submitted in writing via email to the Single Point of Contact, and

• Be received by the deadline for inquiries designated in Section 2.3 Procurement Schedule, or as modified by Addenda.

At its sole discretion, OPRD will respond to such requests received by direct response to the requestor or by issuing changes in the form of Addenda posted on OregonBuys. OPRD’s clarification to a Bidder’s request, whether orally or in writing, does not change this ITB and is not binding on OPRD unless the ITB is amended by Addendum in accordance with Section 2.6.4 below.

2.6.3 RESERVED

2.6.4 Changes to ITB. Changes to the ITB will be made only by Addenda issued by OPRD and posted on OregonBuys.

2.7 BID REQUIREMENTS

2.7.1 Bid Format

Bid must be submitted on the forms and in the format required by this ITB. Any specific forms required for Bid submittal are included as attachments to this ITB.

2.7.2 Bid Content

The Bid must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this ITB, including but not limited to the following:

A. Contractual Acceptance Form The Bid must contain a completed Contractual Acceptance Form (Attachment 1) including an original (scanned) signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts. The person signing the Bid shall initial any alterations or erasures in ink. By submitting its Bid, a Bidder agrees to be bound by the terms and conditions contained in this ITB. A Bidder shall not make a Bid conditional upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this

ITB.

B. Pricing Submittal The Bid must contain a completed Pricing Submittal Form (Attachment 2). All Pricing Submittals must be valid for 30 days from Closing.

C. Minimum Method of Repair, Qualifications, References, and Warranty Bidder shall provide the following information supporting its compliance with the minimum requirements described below.

1) Method of Repair.

Bidder shall include a detailed description and diagrams or drawings of their method to stabilize the slab and seal the cracks that their Bid is based upon. The description may include applicable trade brochures or customized descriptions.

2) Qualifications and References.

a. Bidder must have a minimum of three (3) years of professional experience, within the past five (5) years, successfully providing Services that are comparable in size and complexity to those described in this ITB.

b. Bidder shall provide two (2) references from customers/clients for which Bidder has provided Services within the past five (5) years most comparable to the Services required by this ITB/Contract.

OPRD will contact references to determine if references provided are supportive of the Bidder’s experience and ability to perform the Services described in this ITB.

3) Warranty

Bidder shall include a full description of their warranty to be provided on the work proposed in their Bid Submission. The warranty shall include, but not be limited to, length of warranty period, exclusions, required maintenance, etc.

Bidder shall complete and return with its Bid, Attachment 3 – Method of Repair, Qualifications, References and Warranty (including additional pages as needed). Failure to submit a complete Attachment 3 may be cause for Bid rejection.

2.7.3 Bid Submission

Bidder must be a registered Vendor in OregonBuys.

Bidder must complete and submit the following items in addition to the information described in Section

2.7.2 C, in accordance with all instructions in this ITB, no later than the Bid Opening Date and time specified in OregonBuys for this ITB:

• ATTACHMENT 1 Contractual Acceptance Form

• ATTACHMENT 2 Bid Pricing Form

• ATTACHMENT 3 Method of Repair, Qualifications, References, and Warranty

• ATTACHMENT 4 Bidder Responsibility Form

2.7.3.1 Acceptable Delivery and Receipt. To be considered Responsive, Bids must:

• Be submitted via the OregonBuys procurement system:

https://oregonbuys.gov/bso/view/login/login.xhtml; AND

• Be received by OPRD prior to Closing/Opening.

2.7.3.2 Unacceptable Delivery and Receipt. OPRD will not accept or consider Bids that are:

• Submitted orally or by FAX,

• Received at a physical location, or

• Received after the Closing date and time.

2.7.4 Bid Modification. A Bid submitted in response to this Invitation to Bid may be modified by the Bidder prior to Closing by (i) uploading a new Bid in OregonBuys after deleting the prior submitted Bid using the “Withdraw Quote” button, or (ii) in Writing via an email from the authorized representative stating that the modifications amend and supersede the prior Bid, be clearly marked as a modification, comply with all Bid requirements in Section 2.7, and be on Bidder’s letterhead or clearly identify Bidder. Bids may not be modified after the Bid Closing date.

2.7.5 Bid Withdrawal. 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 confirming Withdrawal of Bid; or (ii) submitting via email a Bid withdrawal document prepared on Bidder’s letterhead and signed by the authorized representative. The Bid withdraw must be received by the SPC listed in Section 2.6.1 prior to Closing.

Bidder may also withdraw its Bid in person, prior to Closing, upon presentation of appropriate identification and satisfactory evidence of authority. Bidder must make an appointment with the SPC to withdraw the Bid in person.

2.7.6 Bid Costs. All costs associated with preparation, submission, modification, and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by OPRD.

2.7.7 Public Records; Trade Secrets. This ITB and one copy of each Bid received in response to it will be kept by OPRD and made a part of a file or record which shall be open to public inspection. If a Bidder believes that its Bid contains any information that is considered a trade secret under ORS 192.345(2) or otherwise exempt from disclosure under the Oregon Public Records Law, ORS

192.311 through 192.355, each sheet of such information must be marked as follows:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.338 through 192.355.”

Bidders are cautioned that cost information submitted in response to a Solicitation is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by a Bidder that is already in the public domain is not protected as a trade secret. Go to:

https://www.oregonlegislature.gov/bills_laws/ors/ors192.html for the definition of trade secret and information on what is exempt from disclosure.

OPRD shall not be liable for disclosure or release of any information when authorized or required by law or court order to do so. OPRD shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

By submitting a response to this ITB, Bidder grants the State of Oregon a nonexclusive, perpetual, irrevocable, royalty free, worldwide license for the rights to copy, distribute, display, prepare https://oregonbuys.gov/bso/view/login/login.xhtml https://www.oregonlegislature.gov/bills_laws/ors/ors192.html derivative works of, and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

2.8 BID OPENING

There will not be a public bid opening for this ITB.

3.0 EVALUATION PROCESS

3.1 CLARIFICATION OF BIDS

During the evaluation process, OPRD may request clarification from any Bidder regarding any portion of their Bid. Bidders should remain available during the evaluation period to respond to any such requests for clarification. Bidders should respond to requests for Bid clarification in the format and timeframe required by OPRD. If OPRD is unable to contact or receive a requested clarification from a Bidder, that Bidder’s Bid may be rejected according to OPRD’s interpretation of the Bid without clarification.

3.2 DISQUALIFICATION OF BIDS

Any attempt by a Bidder to improperly influence the evaluation process will result in the disqualification of that Bidder’s Bid from consideration.

3.3 CANCELLATION OF SOLICITATION

Any time during the Solicitation Process, OPRD may cancel this Solicitation or reject any and all Bids in accordance with ORS 279B.100.

3.4 ADMINISTRATIVE REVIEW

Bids will be evaluated for compliance with the Bid requirements identified in Section 2.7. Bids deemed nonresponsive will be rejected. Bids deemed Responsive will be further evaluated as described in Section 3.5 below.

3.5 MINIMUM REQUIREMENTS

Responsive Bids will be evaluated for compliance with the minimum requirements described in Section 2.7.2.C. Bids deemed nonresponsive to the minimum requirements will be rejected.

3.6 RESERVED

3.7 METHOD OF AWARD

Only Responsive Bids will be considered for award. In accordance ORS 279B.070(4), if a contract is awarded, OPRD shall award the contract to the Bidder whose Bid will best serve the interests of OPRD, taking into account price as well as considerations including, but not limited to, experience, expertise, appropriate equipment and other resources, familiarity with site conditions, availability, suitability for a particular purpose, warranty, and contractor Responsibility.

3.8 APPLICABLE PREFERENCES

In accordance with ORS 279A.120 and 125, OPRD must:

(a) Give preference to goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are otherwise equal,

(b) Add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides, and

(c) Give preference to the procurement of goods manufactured from recycled materials.

For purposes of applying (a) and (b) above, Bidder must identify on the Contractual Acceptance Form (Attachment 1) whether Bidder is a “Resident Bidder” as defined in ORS 279A120(1)(a).

3.9 BIDDER REFERENCES

OPRD may contact any or all of the references provided by Bidder in response to Section 2.7.2.C to verify Bidder’s qualifications, abilities, and experience. OPRD reserves the right to reject a Bid if the references fail to support Bidder’s ability to provide the Services described in this ITB.

3.10 BIDDER RESPONSIBILITY

In accordance ORS 279B.110, OPRD may contact any references (whether or not provided by Bidder) and request any additional information deemed necessary to determine the Responsibility of the Bidder to provide the Services.

4.0 AWARD PROCESS

4.1 INTENT TO AWARD

OPRD will posts its notice of intent to award on OregonBuys. This announcement will serve as notice to all Bidders that OPRD intends to award a contract to the selected Bidder subject to the successful negotiation of any negotiable provisions.

4.2 RESERVED

4.3 CONTRACT REQUIREMENTS

4.3.1 Contract Form. The Bid is an offer to enter into a contract that, if accepted for award, binds the

Bidder to a contract and the terms and conditions contained in the Contract.

The selected Bidder will be asked to sign a contract substantially in the form that is included as Attachment 5 to this Solicitation Document.

A Bidder shall not make a Bid contingent upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this ITB.

4.3.2 Recyclable Products. Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

4.3.3 Insurance. Prior to execution of the Contract, the selected Bidder shall provide to OPRD certificates and additional insured endorsements of the insurance coverages identified in Attachment 5 (Sample Contract Form) Exhibit B (Insurance Requirements) or as otherwise specified in this ITB.

4.3.4 Nondiscrimination in Employment. As a condition of receiving the award of a Contract under this

ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

ATTACHMENT 1

CONTRACTUAL ACCEPTANCE FORM

BIDDER SHALL PROVIDE ALL APPLICABLE INFORMATION REQUESTED BELOW

THIS ATTACHMENT MUST BE COMPLETED AND RETURNED WITH BID

BIDDER’S LEGAL NAME: (TAX FILING) __________________________________________________________

BIDDER’S MAILING ADDRESS: ________________________________________________________________

BIDDER’S BUSINESS DESIGNATION: (CHECK ONE)

Partnership Limited Partnership Limited Liability Partnership

Corporation Professional Corporation Limited Liability Company

Sole Proprietorship Other: ____________________________________________

BIDDER’S FEDERAL TAX ID NUMBER: (NOT SOCIAL SECURITY NUMBER) _________________________ Tax information is requested pursuant to ORS 305.385 and will be used for the administration of state, federal and local tax laws. OPRD may report the information provided to the Internal Revenue Service (IRS) under the name and taxpayer identification number provided.

BIDDER’S OREGON BUSINESS REGISTRATION NUMBER: _________________________________

(OREGON SECRETARY OF STATE, CORPORATIONS DIVISION)

Go to http://www.filinginoregon.com/ for information on how to register to do business in Oregon.

BIDDER IS A RESIDENT BIDDER: YES NO

ORS 279A.120(1)(b): “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of the bid, has a business address in Oregon and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

BIDDER IS AN OREGON CERTIFIED FIRM: (CHECK ALL THAT APPLY)

Minority Business Enterprise (MBE) Emerging Small Business (ESB)

Women Business Enterprise (WBE) Disadvantaged Business Enterprise (DBE) Go to http://www.oregon4biz.com/How-We-Can-Help/COBID/ for information on the OMWESB certification program.

BIDDER’S CONTACT INFORMATION:

AUTHORIZED REPRESENTATIVE TITLE

PHONE FAX EMAIL

THE INDIVIDUAL SIGNING ON BEHALF OF BIDDER HEREBY ACKNOWLEDGES AND CERTIFIES THAT:

• He/she is authorized to act on behalf of Bidder,

• The supplied Contractor data is true and accurate,

• To the best of his/her knowledge, Bidder is not in violation of any Oregon tax laws, For the purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620. [ORS 305.380(4)]

• Bidder has completely read and understands the provisions of the Solicitation, including any Addenda issued,

• The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty,

• Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against any minority, women or emerging small business enterprise certified under ORS 200.055 or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontract, http://www.filinginoregon.com/ http://www.oregon4biz.com/How-We-Can-Help/COBID/

• Bidder accepts and agrees to be bound by all the terms and conditions of the Contract awarded,

• Bidder agrees to provide all Goods and Services required to be provided under the Contract,

• Bidder has the available resources, including staffing, to perform the Services in a reasonable timeframe to pursue OPRD’s objectives, and

• By submitting a response to this Solicitation, Bidder grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE DATE

ATTACHMENT 2

PRICING SUBMITTAL FORM

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

The undersigned has carefully examined the Contract Documents and the site of the work, and agrees to furnish all necessary labor, equipment, accessories, materials, permits, and perform all Work shown and specified in accordance with the Contract Documents for the price(s) set below. All Work described in the Contract Documents but not specifically itemized in the Pricing below is considered incidental to the Work, and Bidder agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all incidental Work at no additional cost to OPRD.

See Attachment 5 Sample Contract, Exhibit A Statement of Work for additional description of Bid Items.

Bid Items:

NOTE: Bid price is total contract price including Contractor’s profit and overhead. The quantities listed in the Bid Pricing 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. OPRD reserves the right to adjust quantities or delete items as needed. Payment will be made based on actual, measured quantities (See Contract Section

4.1 regarding Compensation and Amendments).

Bidding Entity or Bidder: _________

Bid Submitted by: _________

Signature of authorized individual submitting the bid on behalf of the bidding entity

Item # Description Unit Quantity Unit Cost Total Cost 1 Foundation and slab stabilization – Laundry Room L.S. 1

2 Crack Repair, Carport and Apron Slab

L.S. 1

TOTAL BID (Bid Line Items 1-2) $_________________

ATTACHMENT 3

METHOD OF REPAIR, QUALIFICATIONS, REFERENCES, AND WARRANTY

3.1 BIDDER REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE

ITB Section 2.7.2(C)(1)

Bidder shall provide two (2) different project references with the Bid that can be contacted regarding the quality of workmanship and service that the Bidder provided on projects of comparable size and scope.

Bidder shall submit this information using the form provided below, or may use the Bidder’s form.

The two (2) different project references must show a minimum of 3 years’ experience in the past 5 years, and shall include the following information for each reference:

Bidder Project Reference #1

Name of Project:

Project Location:

Project Dates:

Customer/Client Name:

Name of Contact Person #1:

Telephone Number for Contact Person #1:

Email for Contact Person #1:

Name of Contact Person #2:

Telephone Number for Contact Person #2:

Email for Contact Person #2:

Bidder Project Reference #2

Name of Project:

Project Location:

Project Dates:

Customer/Client Name:

Name of Contact Person #1:

Telephone Number for Contact Person #1:

Email for Contact Person #1:

Name of Contact Person #2:

Telephone Number for Contact Person #2:

Email for Contact Person #2:

3.2 WARRANTY AND METHOD OF REPAIR

Bidder shall include a complete description of warranty covering their proposed work in their Bid Submission. Bidder shall include a comprehensive description of the repair method being bid, to include applicable diagrams or drawings, product brochures, etc..

ATTACHMENT 4

BIDDER RESPONSIBILITY

OPRD will determine responsibility of a Bidder prior to award and execution of a Contract. In addition to this form, OPRD may notify Bidder of other documentation required, which may include but is not limited to recent profit and loss history, current balance statements and cash flow information, assets to liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

1. Does Bidder have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? YES / NO .

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

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

3. Within the last three years has Bidder (incl. a partner or shareholder owning 10% or more of Bidder’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

• obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

• violation of federal or state antitrust statutes relating to the submission of bids, or

• embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Response:

4. Within the last three years, has Bidder had:

• any contracts terminated for default by any government agency, or

• any lawsuits filed against it by creditors or involving contract disputes? YES / NO .

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

5. Does Bidder have any outstanding or pending judgments against it? YES / NO .

Is Bidder experiencing financial distress or having difficulty securing financing? YES / NO .

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

YES / NO

If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

Response:

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

NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

7. Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

Response:

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Bidder certifies to the best of his or her knowledge and believes the responses provided on this form are complete, accurate, and not misleading.

Bidder Name: ITB: 9270

Project Name: Saddle Mountain Trail Rehabilitation Services

Authorized Signature Date

Print Name Title

Contract -9294 Sam Daws Landing Park Residence Foundation Stabilization Page 1

ATTACHMENT 5

SAMPLE CONTRACT FORM

STATE OF OREGON

PARKS AND RECREATION DEPARTMENT

SERVICES CONTRACT #9294

SAM DAWS LANDING PARK RESIDENCE FOUNDATION STABILIZATION

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Oregon Parks and Recreation Department, (“OPRD”) and ________, a [_______] (“Contractor”) and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Name and Title **Address **City, State ZIP Phone: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx anyname@yahoo.com

OPRD’s Contract Administrator for this Contract is:

Scott Youngblood, Park Manager Willamette River Greenway/Luckiamute MU Oregon Parks and Recreation Department (OPRD) 725 Summer St. Ste C, Salem, OR 97301 Phone: (541) 517-8580 scott.youngblood@oprd.oregon.gov

Either party may change its Contract Administrator by providing the other notice in compliance with Section

17.6 of this Contract.

1. Contract Term.

The “Effective Date” of this Contract is the date this Contract has been fully executed by each party and approved as required by applicable law. Unless extended or terminated earlier in accordance with its terms, this Contract terminates when OPRD accepts Contractor's completed performance, which shall be no later than May 31, 2022. The termination of this Contract will not extinguish or prejudice OPRD’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents. This Contract consists of the following documents, which are listed in descending order of precedence:

2.1. this Contract less all exhibits;

2.2. Exhibit A (Statement of Work);

2.3. Exhibit B (Required Insurance);

2.4. Exhibit C (Inadvertent Discovery Plan), and

2.5. Exhibit D (Independent Contractor Certification)

The foregoing documents and Exhibits are attached hereto and made a part of the Contract by this reference.

mailto:anyname@yahoo.com

Contract -9294 Sam Daws Landing Park Residence Foundation Stabilization Page 2

3. Services.

3.1. Performance of Services. Contractor shall perform the services (the “Services”) and deliver to OPRD the Work (“Work”) set forth in Exhibit A, the Statement of Work (the “Statement of Work”). The Statement of Work includes the delivery schedule for the Work and Services. Contractor shall perform the Services in accordance with the terms and conditions of this Contract.

3.2. Submission and Acceptance of Work. When Contractor has completed all Work, Contractor shall notify OPRD. OPRD’s Contractor Administrator will determine whether the Work has the characteristics and otherwise meets the requirements set forth in the Statement of Work. If OPRD determines that the Work has the characteristics and meets requirements set forth in the Statement of Work in all material respects, OPRD will notify Contractor in writing of OPRD’s acceptance of the Work.

3.3. Rejection of Work; Corrections. If OPRD determines that Work does not meet the characteristics and requirements set forth in the Statement of Work in all material respects, OPRD will notify Contractor in writing of OPRD’s rejection of the Work, and describe in reasonable detail in such notice the OPRD’s basis for rejection of the Work. Upon receipt of notice of non-acceptance, Contractor shall, within the time period specified in OPRD’s notice, correct the Work at Contractor’s sole expense so that the Work meets the characteristics and requirements described in the Statement of Work.

4. Compensation.

4.1. Not to Exceed Compensation. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $***,***.**. OPRD will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract, and will not pay for Services performed before the Effective Date or after the expiration or termination of this Contract.

If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Services subject to the amendment.

4.2. Payments. Payments, including interim payments to Contractor are subject to ORS 293.462, will be made only for completed and accepted Work and Services, and will be made in accordance with the payment schedule and requirements set forth in Exhibit A.

4.3. Invoices. Contractor shall submit invoices to OPRD as set forth in the Statement of Work or, if not set forth therein, to OPRD’s Contract Administrator.

4.4. RESERVED

4.5. Funds Available and Authorized. Contractor will not be compensated for Services performed under this Contract by any Agency or department of the State of Oregon other than OPRD. OPRD believes it has sufficient funds currently available and authorized for expenditure to make payments under this Contract within OPRD’s biennial appropriation or limitation. Contractor understands and agrees that OPRD’s payments under this Contract are contingent on OPRD receiving appropriations, limitations, or other expenditure authority sufficient to allow OPRD, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

5. State Premises. Contractor and Contractor staff shall comply with all policies, rules, procedures, and regulations established by OPRD and the State for access to and activities in and around premises controlled by OPRD or any other Agency of the State.

Contract -9294 Sam Daws Landing Park Residence Foundation Stabilization Page 3

6. Independent Contractor; Responsibility For Taxes and Withholding

6.1. Independent Contractor. Contractor shall perform all Services as an independent contractor. OPRD reserves the right (i) to determine and modify the delivery schedule for the Services and (ii) to evaluate the quality of the Services; however, OPRD may not and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing the Services.

6.2. No Conflicts. Contractor, by signature to this Contract, represents and warrants that Contractor’s performance of the Services under this Contract creates no potential or actual conflict of interest as defined by ORS 244; and no statutes, rules or regulations of any State of Oregon or federal Agency for which Contractor currently performs work would prohibit Contractor from performing the Services under this Contract.

6.3. Affiliation. Contractor understands and agrees that it is not an "officer," "employee," or "agent" of the State of Oregon, as those terms are used in ORS 30.265 or otherwise.

6.4. Taxes and Benefits. Contractor is responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless required by applicable law, OPRD will not withhold from such compensation or payments any amount to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Contract, except as a self-employed individual.

7. Subcontracts, Successors, and Assignments

7.1. Subcontracts. Contractor shall not enter into any subcontracts for any of the Services required by this Contract without OPRD's prior written consent. In addition to any other provisions OPRD may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that OPRD will receive the benefit of subcontractor’s performance as if the subcontractor were Contractor. OPRD’s consent to any subcontract does not relieve Contractor of any of its duties or obligations under this Contract.

7.2. Successors and Assigns. The provisions of this Contract are binding upon and inure to the benefit of the parties to this Contract, their respective successors, and permitted assigns, if any.

7.3. No Assignment. Contractor shall not assign or transfer any of its rights or delegate its obligations under this Contract without OPRD’s prior written consent.

8. Representations and Warranties.

8.1. Contractor’s General Representations and Warranties. Contractor represents and warrants to OPRD that:

8.1.1. Contractor has the power and authority to enter into and perform this Contract;

8.1.2. This Contract, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms;

8.1.3. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Services;

Contract -9294 Sam Daws Landing Park Residence Foundation Stabilization Page 4

8.1.4. Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty;

8.1.5. Contractor (to the best of Contractor’s knowledge, after due inquiry), for a period of no fewer than six calendar years preceding the Effective Date, faithfully has complied with:

8.1.5.1. All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

8.1.5.2. Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor;

8.1.5.3. Any tax provisions imposed by a political subdivision of this State that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor;

8.1.5.4. Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions; and

8.1.6. Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or OPRD of the State.

8.2. Contractor’s Performance Warranties.

8.2.1. Contractor has the skill and knowledge possessed by well informed members of its industry, trade, or profession and Contractor shall apply that skill and knowledge with care and diligence to perform the Services in a professional manner and in accordance with the highest standards prevalent in Contractor’s industry, trade, or profession;

8.2.2. The Services and Work delivered by Contractor pursuant to the Services will materially comply with any service descriptions, specifications, standards, or requirements set forth in this Contract;

8.2.3. Except as otherwise provided in this Contract (including Section 9), Contractor shall transfer all Work to OPRD free and clear of any and all restrictions on or conditions of transfer, modification, licensing, sublicensing, direct or indirect distribution, or assignment, and free and clear of any and all liens, claims, mortgages, security interests, liabilities, and encumbrances of any kind; and

8.2.4. Except as otherwise set forth in this Contract, any subcontractors performing work for Contractor under this Contract have assigned all of their rights in the Work to Contractor or OPRD and no third party has any right, title, or interest in any Work supplied to OPRD under this Contract.

8.3. Warranties cumulative. The warranties set forth in Section 8 are in addition to, and not in lieu of, any other warranties set forth elsewhere in this Contract.

9. RESERVED

10. Indemnity by Contractor.

10.1. Claims. Contractor shall defend, save, hold harmless, and indemnify the State of Oregon and OPRD and their officers, employees, and agents from and against all third party claims, suits, actions, losses, damages, liabilities, costs (including attorneys’ fees), and expenses (collectively, "Claims") of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under this Contract, including but not limited to, Contract -9294 Sam Daws Landing Park Residence Foundation Stabilization Page 5 unauthorized disclosure of Confidential Information, professional malfeasance, infringement of intellectual property rights, intentional, willful, or wanton wrongful acts, and acts outside the scope of Services set forth in this Contract.

10.2. Legal Counsel. If Contractor is required to defend the State of Oregon or OPRD or their officers, employees or agents under Section 10.1, then Contractor shall select legal counsel reasonably acceptable to the Oregon Attorney General to act in the name of, or represent the interests of, the State of Oregon, OPRD or their officers, employees, and agents. Such legal counsel must accept appointment as a special assistant attorney general under ORS chapter 180 before such action or representation. Further, the State of Oregon, acting by and through its Department of Justice, may assume its own defense, including that of its officers, employees, and agents, at any time when in the State of Oregon's sole discretion it determines that (i) proposed counsel is prohibited from the particular representation contemplated; (ii) counsel is not adequately defending the interests of the State of Oregon or its officers, employees, and agents; (iii) important governmental interests are at stake; or (iv) the best interests of the State of Oregon are served thereby. Contractor's obligation to pay for all costs and expenses includes those incurred by the State of Oregon in assuming its own defense or that of its officers, employees, and agents under (i) and (ii) above.

10.3. Damages to State Property and Employees. Contractor is liable for all Claims for personal injury, including death, damage to real property, and damage to tangible and intangible personal property of the State of Oregon or any of its employees, subcontractors, or agents resulting from, arising out of, or relating to the intentional, reckless, or negligent acts or omissions of Contractor or its officers, employees, subcontractors, or agents under this Contract

10.4. CONTRACTOR IS NOT AUTHORIZED TO SETTLE OR COMPROMISE ANY CLAIM

REFERENCED IN THIS SECTION WITHOUT THE EXPRESS WRITTEN CONSENT OF OPRD.

11. Limitation of Liabilities.

11.1. EXCEPT FOR LIABILITY ARISING OUT OF OR RELATED TO (i) SECTION 10, OR (ii) SECTION

11, CONTRACTOR’S LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE

LIMITED TO ONE AND ONE HALF TIMES THE MAXIMUM NOT-TO-EXCEED AMOUNT OF THIS

CONTRACT.

11.2. EXCEPT FOR LIABILITY TO THIRD PERSONS ARISING OUT OF OR RELATED TO (i) SECTION 10, OR (ii) SECTION 11, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOST

PROFITS, LOST SAVINGS, OR PUNITIVE, INDIRECT, EXEMPLARY, CONSEQUENTIAL, OR

INCIDENTAL DAMAGES.

12. Insurance. Contractor shall maintain insurance as set forth in Exhibit B.

13. Default; Remedies; Termination.

13.1. Default by Contractor. Contractor will be in default under this Contract if:

13.1.1. Contractor institutes or has instituted against it insolvency, receivership, or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or

13.1.2. Contractor no longer holds a license or certificate that is required for Contractor to perform its obligations under the Contract and Contractor has not obtained such license or certificate within 14 calendar days after OPRD’s notice or such longer period as OPRD may specify in such notice; or

Contract -9294 Sam Daws Landing Park Residence Foundation Stabilization Page 6

13.1.3. Contractor commits any material breach or default of any covenant, warranty, obligation, certification, or agreement under this Contract, fails to perform the Services under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Services as to endanger Contractor's performance under this Contract in accordance with its terms, and such breach, default, or failure is not cured within 14 calendar days after OPRD's…