ITB S-63400-00005723 9297 Dining Hall Window Restoration Silver Falls State Park Youth Camp.pdf

ITB S-63400-00005723 9297 Dining Hall Window Restoration- Silver Falls State Park Youth Camp 1

STATE OF OREGON

OREGON PARKS AND RECREATION DEPARTMENT

Invitation to Bid

Bid Solicitation# S-63400-00005723

OPRD Contract: 9297

Dining Hall Window Restoration Silver Falls State Park Youth Camp

Bidding Requirements & Instructions For Public Improvement Projects

ITB S-63400-00005723 9297 Dining Hall Window Restoration- Silver Falls State Park Youth Camp 2

BID SUMMARY

ITB PURPOSE:

The purpose of this Invitation to Bid (“ITB”) is to establish a Contract for restoration of the North Elevation Windows at Silver Falls Youth Dining Hall at Silver Falls State Park (“Project”) as described in the Technical Specifications (Attachment A), for the benefit of the Oregon Parks and Recreation Department (“OPRD”). The Work contemplated under this Contract 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. The Work will take place in Marion County, Oregon.

BOLI Region 3.

MANDOTORY PRE-BID CONFERENCE:

A Mandatory pre-bid conference will be held on March 23, 2023 AT 11:00 AM (PT), located on site at the Silver Falls State Park, 20024 Silver Falls Hwy SE, Sublimity, Oregon 97385.

Any statements made at this conference will not change the Technical Specifications or other Contract Documents unless an Addendum has been issued by OPRD and advertised on the OregonBuys System.

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

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

RESPONSIVE.

PROJECT ESTIMATE:

The following is a project estimate: $40,000.00

REQUIRED PROJECT DATES AND SOLICITATION SCHEDULE:

PROJECT START DATE: Upon Owner’s issuance of a Notice to Proceed

SUBSTANTIAL COMPLETION: No later than May 15, 2023*

FINAL COMPLETION: No later than June 1, 2023

*Site will be in use starting in April. Work scheduling will need to be coordinated with Project Manager.

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

March 30, 2023, 2:00 PM (PT)

Deadline for Bid submittal

April 6, 2023, 2:00 PM (PT)

Public Bid opening Immediately after Bid Opening Date and time identified in OregonBuys for this ITB. See ITB section C.7.2.

PURCHASER/SINGLE POINT OF CONTACT:

See “Purchaser” and “Info Contact” for this ITB in OregonBuys. This is the only point of contact for this ITB. Any questions or issues that may arise regarding the Technical Specifications, the bidding process, and/or the award process shall be directed to the Purchaser/Single Point of Contact.

ITB S-63400-00005723 9297 Dining Hall Window Restoration- Silver Falls State Park Youth Camp 3

Julie L. Cone, OPBC Senior Procurement Specialist Phone (503) 953-0536 E-mail: julie.cone@oprd.oregon.gov

ENGINEER AND CONSULTANT INFORMATION: RESERVED

Notes:

• This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bids must be submitted through the OregonBuys system. See ITB section C.1.2 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

• 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 Purchaser listed in OregonBuys for alternative electronic formats or hard copies

SECTION A – TABLE OF CONTENTS

SECTION A TABLE OF CONTENTS

SECTION B INTRODUCTION AND DEFINITIONS

SECTION C OREGONBUYS; GENERAL BIDDING INFORMATION; INSTRUCTIONS TO BIDDERS;

PROCUREMENT PROCESS

SECTION D RESERVED

SECTION E PREVAILING WAGE RATE REQUIREMENTS (REQUIRED ONLY IF BID EXCEEDS $50,000)

SECTION F RESERVED

SECTION G CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION

REQUIREMENTS; ASBESTOS ABATEMENT LICENSING REQUIREMENTS /

JOINT VENTURE - PARTNERSHIP REQUIREMENTS

SECTION H ADDENDA ACKNOWLEDGMENT

SECTION I RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES / ESB UTILIZATION

SECTION J RECYCLED PRODUCTS

SECTION K RESIDENCY INFORMATION

SECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION M CERTIFICATION OF COMPLIANCE WITH DRUG-TESTING LAW REQUIREMENTS

SECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS

SECTION O SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

EXHIBIT 1 PRICING SUBMITTAL FORM

EXHIBIT 2 RESERVED

EXHIBIT 3 RESERVED

EXHIBIT 4 RESERVED

EXHIBIT 5 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 6 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

EXHIBIT 8 SPECIAL HISTORIC QUALIFICATIONS

ATTACHMENT A TECHNICAL SPECIFICATIONS (Dining Hall Window Restoration-Silver Falls State Park Youth Camp) ATTACHMENT B DRAWINGS (Dining Hall Window Restoration -Silver Falls State Park Youth Camp) ATTACHMENT C ADDITIONAL INFORMATION (2018 Window Assessment Report) mailto:julie.cone@oprd.oregon.gov

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SECTION B – DEFINITIONS

B.1 DEFINITIONS: Together with the Definitions found in Section A.1 of Exhibit 6 of the State of Oregon General Conditions for Public Improvement Contracts (the “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, this ITB. Each Addendum shall be labeled as such and shall be made available to all interested Bidders in accordance with OAR 137-049-0250(2).

B.1.2 "Agency" and “OPRD” and “Owner” all mean the Oregon Parks and Recreation Department.

B.1.3 "Bid" (referred to as “Quote” in OregonBuys) means the Bidder’s written bid submitted in response to this ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

B.1.4 "Bidder" means a “Person” (as defined in Section A.1 of the General Conditions) that submits a Bid in response to an ITB. Bidder also means “Offeror” (as defined in Section A.1 of the General Conditions).

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

B.1.6 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

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

B.1.8 "OregonBuys 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/

B.1.9 "State" means the State of Oregon.

B.1.10 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intended to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

SECTION C - GENERAL BIDDING INFORMATION / INSTRUCTIONS TO BIDDERS

C.0 BID REQUIREMENTS

Bidder 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.

Bidder shall not make the Bid contingent upon OPRD’s 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 SUBMITTALS VIA OREGONBUYS.

Bidder must be a registered Vendor in OregonBuys (see section C.1.2.1).

Bidder should select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB.

Do NOT check the “Is No Bid” box in OregonBuys.

Bidder must complete and submit via OregonBuys the following items, 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):

https://oregonbuys.gov/bso/

ITB S-63400-00005723 9297 Dining Hall Window Restoration- Silver Falls State Park Youth Camp 5

C.1.0 ADDITIONAL INFORMATION TO BE SUBMITTED WITH THE BID: Bidder must submit the following items via upload in OregonBuys, no later than the Bid Opening Date and time specified in OregonBuys for this ITB, or the Bid will be determined not Responsive.

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

Joint Venture - Partnership Declaration, Section G;

Addenda Acknowledgement; Section H;

Responsibility Inquiry & Contractor References; Utilization of Businesses Certified under ORS 200.055, Section I;

Residency Information, Section K;

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

Pricing Submittal Form – Exhibit 1 Special Historic Qualifications – Exhibit 8

C.1.1 ELECTRONIC BID PROVISIONS

C.1.1.1 Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes.

C.1.1.2. OPRD reserves the right to reject any Bid that is unreadable.

C.1.1.3. OPRD reserves the right to award the Contract solely on the Bid submitted electronically through OregonBuys;

however, upon OPRD’s request, the apparent successful Bidder shall promptly submit its complete original signed bid.

C.1.1.4. 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, OPRD 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.1.1.5. By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with OPRD 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.1.2. OREGONBUYS

C.1.2.1 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.

C.1.2.2 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.

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.

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

ITB S-63400-00005723 9297 Dining Hall Window Restoration- Silver Falls State Park Youth Camp 6

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.1.2.3 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;

• 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.1.3 GENERAL BIDDING INFORMATION

C.1.3.1 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.

C.1.4 TRADE SECRETS

Any information Bidder submits in response to this ITB that Bidder considers a trade secret under ORS 192.345(2) or ORS 646.461(4), and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret under ORS 192.345(2) or confidential proprietary information and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.” Each item so labeled must include a justification and citation of the authority relied upon. Identifying the entire Bid submittal as trade secret, confidential, or otherwise exempt from disclosure is not acceptable. Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under Oregon public records law. Further, information submitted by Bidder 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. The State is also immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

C.1.5 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 146 and 149 of the Oregon Administrative Rules (“OAR”) of the Oregon Parks and Recreation Department and, to the extent applicable, Divisions 046 and 049 of the Model Public Contracting Rules of the Oregon Department of Justice. The ITB and resulting Contract may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules.

C.1.5.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C) - Can be obtained on line at:

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

C.1.5.2 OREGON PARKS AND RECREATION DEPARTMENT RULES - (OAR Chapter 736, Divisions 146 and 149) - Can be obtained on line at: https://secure.sos.state.or.us/oard/ruleSearch.action

C.1.5.3 OREGON DEPARTMENT OF JUSTICE MODEL RULES - (OAR Chapter 137, Divisions 046 and 049) - Can be obtained on line at: https://secure.sos.state.or.us/oard/ruleSearch.action

C.1.5.4 In addition to the solicitation laws and rules, this ITB and the resulting Contract are governed by the State of Oregon General Conditions for Public Improvement Contracts, January 1, 2012 Edition (“General Conditions”) and the Supplemental General Conditions, found at Exhibits 6 and 7 respectively.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/ https://oregonbuys.gov/bso https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx https://secure.sos.state.or.us/oard/ruleSearch.action https://secure.sos.state.or.us/oard/ruleSearch.action

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C.1.6 BRAND NAME USAGE:

C.1.6.1 BRAND NAME: Any brand name listed in the specifications without an "or equal" "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, appearance, performance 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.1.6.2 BRAND NAME "OR EQUAL": Any brand name listed in the specifications with an "or equal" shall establish the minimum requirements for quality, utility, durability, function, appearance, performance and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the proposed product has been approved in Writing by the Owner’s Authorized Representative prior to installation, and the brand named is not mandated pursuant to a brand name exemption.

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

C.1.6.3 BRAND NAME "OR APPROVED EQUAL": Any brand name listed in the specifications with an "or approved equal" or an “or approved equivalent” designation shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the product has been preapproved in Writing during the bidding process detailed in Section C.2, and the brand named is not mandated pursuant to a brand name exemption.

OPRD shall determine, in its sole discretion, whether a product offered is an "approved equal" or “approved equivalent”.

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.2 INSTRUCTIONS TO BIDDERS/PROCUREMENT PROCESS

C.2.1 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR

BRAND NAME / PRODUCT SUBSTITUTION

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

C.2.1.1 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS: Requests and solicitation protests shall be made in Writing via email and marked as follows:

Bid Request for Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest ITB Number Closing Date & Time

Requests and protests must be in Writing and must be submitted via email to and received by the Purchaser specified in OregonBuys for this ITB no later than the applicable deadline specified in the Solicitation Schedule. Unless the specific deadline is extended by subsequent Addenda, requests for clarification, requests for change, protests pertaining to provisions contained in the originally issued ITB, or requests for brand approval will not be considered after the specified deadline.

C.2.1.2 REQUEST FOR APPROVAL OF AN "APPROVED EQUAL" OR AN "APPROVED EQUIVALENT": Pursuant to Section C.1.6 Bidders shall provide the specified product unless another is approved through a request for approval of an "approved equal" or an "approved equivalent,” or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

Requests must be submitted in conformance with the submittal requirements in C.2.1.1. To be considered, the request for changes must be received by the deadline specified in the Solicitation Schedule, and

• Requests must provide all the information necessary for the State to determine product acceptability;

ITB S-63400-00005723 9297 Dining Hall Window Restoration- Silver Falls State Park Youth Camp 8

• Failure to provide sufficient information with the request will cause the request to be considered not equivalent; and

• Any product subsequently approved for substitution will be listed on an Addenda issued by OPRD and posted on

OregonBuys.

C.2.1.3 REQUEST FOR CLARIFICATION: Any Bidder that finds discrepancies in, or omissions from any provision of this ITB, Technical Specifications, or Contract Documents, or has doubt as to the meaning, may submit a request for clarification in conformance with the submittal requirements in Section C.2.1.1.

C.2.1.4 REQUEST FOR CHANGE: Any Bidder may submit a request for changes to contractual terms or Technical Specifications in conformance with the submittal requirements in C.2.1.1. The request must include the reason for requested changes, and any proposed changes supported by factual documentation.

C.2.1.5 SOLICITATION PROTEST: Any Bidder may, in conformance with submittal requirements in Section C.2.1.1, submit a protest of solicitation terms and conditions, contract terms and conditions or Technical Specifications in accordance with OAR 137-049-0260. The protest must include the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not upheld, and a statement of the desired changes.

C.2.1.6 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in writing, or included in an Addendum as a "clarification," do not change Technical Specifications, contractual terms, or procurement requirements of this ITB. If a request for clarification raises an issue that OPRD determines should be handled by formally amending this ITB, OPRD will do so only by specifying such a change in an Addendum, not through information identified as a "clarification."

C.2.1.7 RESPONSE TO REQUESTS AND SOLICITATION PROTESTS: OPRD will promptly respond to each properly-submitted request for brand approval, request for substitution, request for change, and solicitation protest. Where appropriate, OPRD will issue ITB revisions via Addenda posted on the OregonBuys System. OPRD may also informally respond to Bidder questions.

C.2.1.8 QUESTION AND ANSWER DOCUMENTS: OPRD may post question and answer documents on OregonBuys to respond to inquiries when OPRD determines, in its sole discretion, the answers do not effect changes to this ITB.

INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. TECHNICAL SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY OPRD AND POSTED ON THE OregonBuys SYSTEM.

C.3 REQUESTS OR PROTESTS RELATING TO ADDENDA

Requests for clarification, requests for changes, and solicitation protests of Addenda may be submitted in conformance with submittal requirements in C.2.1.1 . Requests or protests related to an Addendum must be received by 5:00 pm on the next business day following issuance of the Addendum, unless a different deadline is set forth in the Addendum, or they will not be considered. OPRD will not consider requests or protests of matters not added or modified by the Addendum.

C.4 BID MODIFICATION PRIOR TO CLOSING/BID OPENING

Bids, once submitted, may be modified before the Bid Opening Date by uploading a new Bid in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button.

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

Bidders may not modify Bids after the “Bid Opening Date” and time specified in OregonBuys for this ITB.

C.5 BID WITHDRAWALS PRIOR TO CLOSING/BID OPENING

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

C.6 RESERVED

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C.7 BIDS RECEIVED and BID OPENING

C.7.1 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.7.2 BID OPENING: 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 Opening. Award decisions will not be made at the Bid Opening.

OPRD will hold the public Opening through electronic means. Interested parties may attend the Opening for this solicitation electronically as follows:

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 294 574 388 990 Passcode: gj8rFs Download Teams | Join on the web Or call in (audio only) +1 503-446-4951,,19571728# United States, Portland Phone Conference ID: 195 717 28#

C.7.3 RESERVED

C.8 PRELIMINARY BID RESULTS

OPRD may post preliminary bid results on the OregonBuys System. Such postings may not be correct and are not final.

C.9 TIME FOR BID ACCEPTANCE

A Bidder's Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than thirty (30) calendar days from the Closing date.

C.10 EXTENSION OF TIME FOR BID ACCEPTANCE

OPRD may request, orally or in Writing, that Bidders extend, in Writing, the time during which OPRD may consider their Bid(s). If a Bidder agrees to such extension, the Bid shall continue as a firm Bid, irrevocable, valid and binding on the Bidder for the agreed upon extension period.

C.11 RESERVED

C.12 SUBSTANTIAL COMPLIANCE REQUIRED

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

C.13 BID EVALUATION CRITERIA and METHOD OF AWARD

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

C.13.2 RESPONSIBILITY: Prior to award of a Contract, OPRD will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, OPRD may investigate Bidder and request information in addition to that required in the ITB, when OPRD, in its sole discretion, considers it necessary or advisable.

C.13.3 OREGON PREFERENCE. Awards shall be subject to preference for goods or services that have been produced or manufactured in Oregon, if price, fitness, availability and quality are otherwise equal (ORS 279A.120); See also; OAR 137- 046-0300.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjE4MjM5MzMtOTc4NS00MzlkLWE2MzctYWUwM2IyMTZkYWEy%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%220fecefe8-9eea-4390-8128-30385bc80582%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15034464951,,19571728#%20

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C.13.4 RECIPROCAL PREFERENCE. Solely for the purpose of evaluating offers, OPRD will add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, OPRD will add ten (10) percent to that Bidder’s Bid price. (OAR 137-046-0310). See also Section K. No such adjustments shall operate to amend Bidder's Bid or any Contract awarded pursuant thereto.

C.13.5 REJECTION OF BID DUE TO CERTAIN DEBT: Included among the reasons OPRD may reject a Bid is if the Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

C.13.6 METHOD OF AWARD: Provided OPRD does not cancel the solicitation or reject all Bids pursuant to OAR 137-049- 0270, award will be made to the responsible Bidder that submits a responsive Bid with the lowest total Bid Price (including adjustments, if any, per C.13.4) for the items selected for award. Award will be made to one Bidder only. OPRD reserves the right to withdraw any item from award consideration if it is in the best interest of the State to do so.

C.14 PROCESSING OF BIDS

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

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

OPRD reserves the right to delete Bid items or decrease the scope of work. The deletion of one or more Bid items will not affect the method of award.

C.16 REJECTION OF BIDS

C.16.1 REJECTION OF ALL BIDS: OPRD may reject all Bids for good cause upon its finding that it is in the public interest to do so.

C.16.2 REJECTION OF PARTICULAR BIDS: OPRD will reject Bids in accordance with OAR 137-049-0440.

C.17 RESERVED

C.18 RESERVED

C.19 RESERVED

C.20 AWARD

After completion of evaluation process, OPRD will proceed with final contract award.

C.21 COMMENCEMENT OF WORK

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

C.22 REVIEW OF AWARDED BID FILES

Awarded Bid files are public records and will be available for review at the OPRD office by appointment during regular business hours (Monday through Friday). Upon request, the Single Point of Contact will arrange for review of the documents.

C.23 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER

C.23.1 INSURANCE: The apparent successful Bidder shall provide all required proofs of insurance to OPRD within fourteen

(14) calendar days of request. Failure to present the required documents within the fourteen (14) calendar day period may result in Bid rejection. Bidders are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Section G.3 of the General Conditions in Exhibit 6 and the Supplemental General Conditions in Exhibit 7 prior to Bid submission.

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

C.23.2 RESERVED

C.23.3 JOINT VENTURE or PARTNERSHIP INFORMATION: The apparent successful Bidder, if a Joint Venture or Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

C.23.4 CERTIFICATE OF PAY EQUITY TRAINING: Prior to execution of the Contract, the apparent successful Bidder must submit to OPRD within seven (7) calendar days of request, a true and correct copy of an unexpired certificate, issued to the Bidder by the Oregon Department of Administrative Services under ORS 279A.167. This requirement applies only to Bidders 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.24 EXECUTION OF AGREEMENT FORM

Once all items required under Section C.23 have been received from the apparent successful Bidder and accepted by OPRD, OPRD will finalize and email the Public Improvement Agreement Form to the Bidder, which the Bidder shall sign and return by email as soon as possible, and within 2 business days of receipt. OPRD will then sign the Public Improvement Agreement Form and email a fully executed copy of it to the Bidder.

SECTION D - RESERVED

SECTION E – BOLI PREVAILING WAGE RATES REQUIREMENTS: REQUIRED ONLY IF BID EXCEEDS $50,000.

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.

E.2 Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work".

E.3 This ITB and the resulting Contract are subject to the BOLI prevailing wage rate requirements and the prevailing wage rates applicable as of the date this ITB was first advertised, which while not physically attached, are incorporated herein by reference with the same force and effect as though fully set forth herein and available at the following weblink:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

E.4 The Work will take place in Marion County, BOLI Region 3.

E.5 The fee required by ORS 279C.825(1) will be paid by ORPD to the Commissioner of the Bureau of Labor and Industries under the administrative rules of the Commissioner.

SECTION F – RESERVED

SECTION G – CCB REGISTRATION REQUIREMENTS / ASBESTOS ABATEMENT LICENSING REQUIREMENTS /

JOINT VENTURE - PARTNERSHIP DISCLOSURE

G.1 CCB REQUIREMENTS

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

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(1) Bidders must be licensed with the State of Oregon CCB prior to bidding on Public Improvement Contracts. FAILURE

TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION.

(2) All subcontractors performing Work described in ORS 701.005(2) (i.e., construction Work) must be registered with the Oregon Construction Contractors Board or licensed by the Oregon State Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence Work under the Contract.

(3) The CCB registration requirements apply to all public works contracts unless superseded by federal law.

Bidders SHALL provide their Construction Contractors Board (ORS 701.055) registration number below:

CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: __________________

EXPIRATION DATE OF CCB NO.: __________________

G.2 ASBESTOS ABATEMENT LICENSING REQUIREMENTS

An asbestos abatement license under ORS 468A.720 will not be required of the Contractor or its subcontractors at the time of bidding, because there are no known asbestos sources at the Project site. However, should asbestos be discovered during the Project work, the situation will be investigated by the OPRD and a determination will be made at that time as to whether an asbestos handling license will be required.

G.3 JOINT VENTURE or PARTNERSHIP DISCLOSURE The Bidder shall disclose whether the Offer is submitted by either a partnership or joint venture.

NO: ________ YES: _______

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

Name: __________________________________________________________

SECTION H - ADDENDA ACKNOWLEDGEMENT

H.1 OPRD reserves the right to make changes to the Invitation to Bid prior to the Bid Opening Date by posting Addenda on the OregonBuys system. OPRD is not responsible for a Bidder’s failure to receive notice of Addenda if posted in the foregoing manner. Addenda will only be issued by the OPRD and upon issuance are incorporated into the Invitation to Bid.

H.2 By Bidder's signature in Section O it ACKNOWLEDGES, AGREES and CERTIFIES TO THE FOLLOWING:

(a) If any Addenda are issued in connection with this ITB, Bidder has completed the blanks below identifying it has received and duly considered all Addenda issued, and acknowledges and agrees to the terms of all such Addenda as those terms revise the terms, conditions, and Technical Specifications of this ITB.

Addenda: No. ________ to No. ________ inclusive.

(b) IN ADDITION, to completing the blanks above to identify all Addenda, if any, issued under this ITB, Bidder shall sign and return each Addendum that states that it must be signed and returned.

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SECTION I – RESPONSIBILITY INQUIRY/ CONTRACTOR REFERENCES / ESB UTILIZATION

OPRD 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 Bidder's responsibility to perform the Contract.

Submission of a signed Offer shall constitute approval for the State to obtain any information the State deems necessary to conduct the evaluation. The State will notify the apparent successful Bidder, in Writing, of any other documentation required, which may include, but is not limited to, recent profit and loss history; current balance statements; assets to liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long term financing;

bonding capacity; credit information; material; equipment; facility and personnel information; performance record of Contract performance; etc. Failure to promptly provide this information shall result in Bid rejection. The State may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility, as required under ORS 279C.375(3) and OAR 137-049-0390, shall render the Bidder non-responsible and shall constitute grounds for Bid rejection, as required under ORS 279C.375(3) and OAR 137-049-0440.

1. BIDDER’S INFORMATION

Full Legal Business Name:

Business Owner(s) Name:

Business Address:

Telephone Number: ______________________________Fax No.: ___________________________

Email Address: _____________________________________________________________________

Number of Full-time Employees:

Certified Business (ORS 200.055) # (if applicable)

Federal Identification #:___________________________

Name of Public Works Bonding Company: __________________________________________

Address of Public Works Bonding Company: _________________________________________ (street)

(city, state, zip)

Agent Name/Phone: ____________________________________________________________

Public Works Bond Number: ______________________________________________________

2. BIDDER AND BIDDER’S SUPERVISOR REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE

2.1 BIDDER REFERENCES

Bidder must include with their Bid Response a complete set of all information required of Exhibit 8 Special Historic Qualifications to comply with this Section 2.1 reference requirement.

The references are required to allow OPRD to determine if the references are supportive of the Bidder’s ability to meet the requirements of this ITB.

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

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OPRD reserves the right to choose and identify any reference, whether or not listed as references furnished by the Bidder, and to investigate past performance of any Bidder with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of service on schedule, and its lawful payment of suppliers, subcontractors, and employees.

OPRD may postpone the award or execution of the Contract after the announcement of the apparent successful Bidder in order to complete its investigation. The State may reject an offer if, in the opinion of the State, overall reference responses indicate inadequate performance.

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

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

2.2 PROJECT SUPERVISOR REFERENCES:

The requirement for Project Supervisor References will be address in the completion of Exhibit 8 Special Historic Qualifications, Key Persons information.

3. SUBCONTRACTORS CERTIFIED UNDER ORS 200.055

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

Name:_______________________________________________________

Name:_______________________________________________________

Name:_______________________________________________________

SECTION J- RECYCLED PRODUCTS

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

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

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

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

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

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

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SECTION K - RESIDENCY INFORMATION

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

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

"Nonresident Bidder" means a Bidder who is not a "resident Bidder" as defined above. (ORS 279A.120)

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

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

c. If a nonresident Bidder, enter state of residency: ____________________________________________

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

SECTION L - CERTIFICATION OF COMPLIANCE WITH TAX LAWS

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

ORS 305.620.

Any violation of the successful Contractor's Tax Compliance Certification immediately above (that the Contractor has complied with the Oregon Tax Laws) will also constitute a material breach of the resulting Contract. Any material breach of the resulting Contract entitles the Owner to pursue and recover any and all of its available remedies at law or in equity that arise from the breach, including, but not limited to, recovery of damages, the termination of the Contract, and the exercise of the right of setoff, garnishment if applicable and the withholding of amounts otherwise due and owing to the Contractor without penalty.

SECTION M - CERTIFICATION OF COMPLIANCE WITH DRUG TESTING LAW REQUIREMENTS

M.1 Pursuant to OAR 137-049-0200, the Bidder certifies by its signature on these solicitation document forms that it has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following:

(a) A written employee drug testing policy,

(b) Required drug testing for all new Subject Employees or, alternatively, required…