ITB S-63400-00008389 Hazard Tree Removal Ona Beach Day Use Area Brian Booth State Park.pdf

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STATE OF OREGON

OREGON PARKS AND RECREATION DEPARTMENT

INVITATION TO BID (ITB)

ITB S-63400-00008389

OPRIS 10341

HAZARD TREE REMOVAL

ONA BEACH DAY USE AREA BRIAN BOOTH STATE PARK

Date of Issue: October 24, 2023

Opening Date and Time: November 14, 2023 at 2:00 pm

Single Point of Contact (SPC): Julie L. Cone, Senior Contracts Specialist Address: 725 Summer Street NE, Suite C City, State, Zip Salem, Oregon 97301 Phone (voice) 503-953-0536 E-mail: julie.cone@oprd.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 STATEMENT OF WORK

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 OREGONBUYS SYSTEM

2.5 QUESTIONS AND CLARIFICATIONS

2.6 RESERVED

2.7 ADDENDUM

2.8 RESERVED

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.3 BID REQUIREMENTS (PASS/FAIL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

4.6 DISQUALIFICATION OF BIDS

4.7 PREFERENCES

4.8 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 RESERVED

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

7.6 RECYCLED PRODUCTS

7.7 TOBACCO FREE PROPERTIES

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

EXHIBIT A – STATEMENT OF WORK

EXHIBIT B – MAPS

EXHIBIT C – INSURANCE

EXHIBIT D – PERFORMANCE BOND

EXHIBIT E – INDEPENDENT CONTRACTOR CERTIFICATION

EXHIBIT F – TIMBER SALE OPERATIONS PLAN

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – REFERENCE CHECK FORM

ATTACHMENT D – BID SUBMITTAL FORM

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon, acting by and through the Oregon Parks and Recreation Department, (“Agency” or “OPRD”), is issuing this Invitation to Bid (“ITB”) to establish a Contract for hazard tree removal operations at Ona Beach Day Use Area in Brian Booth State Park in Lincoln County, Oregon.

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

The Successful Bidder will be required to begin work no later than November 20, 2023. All work must be completed no later than December 31, 2023.

1.2 STATEMENT OF WORK

Several dozen trees at the Ona Beach day use have died and now pose a hazard to existing infrastructure, visitors, and staff. These hazard trees must be removed before they fail and become a problem for park staff.

The tree removal area is on a culturally historic and sensitive site which may contain underground artifacts that would be at risk of damage if said hazard trees are felled and removed in a “traditional” manner. Therefore, it is imperative that additional precautions be taken when removing hazard tree from the operation area outlined in this Contract. These precautionary efforts are outlined in the Tree Removal Specifications of the Sample Contract in Attachment A.

Complete performance specifications are contained in Attachment A – Sample Contract, Exhibit A – Statement of Work.

1.2.1 PROJECT IDENTIFICATION

10341 - Hazard Tree Removal Ona Beach Day Use Area at Brian Booth State Park.

1.2.2 ACTS AND REGULATIONS

Bidders shall comply with the following regulations:

The Forest Resources Conservation and Shortage Relief Amendments Act of 1993;

Oregon Forest Practices Act 1972, as amended.

The above mentioned regulations are incorporated by reference into this ITB and resulting Contract.

1.2.3 OPERATIONS TYPE

A mix of techniques typically used in both arborist and ground based timber salvage operations.

1.2.4 EQUIPMENT

Operations may require some or all of the following equipment to accomplish specifications of the contract; tree climbing gear, ground protection plates, bucket truck, chipper, feller buncher, harvester, processor, log loader, log hauling truck, or dump truck.

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1.2.5 LOCATION

The Operation Area is located at Ona Beach Day Use Area at Brian Booth State Park, Hwy 101, Newport, Oregon 97366, in Lincoln County, Oregon, See Exhibit B of Attachment A Sample Contract.

1.2.6 NOTICE & PERMIT

Oregon Department of Forestry – FERNS https://ferns.odf.oregon.gov/E-Notification/

Notification of Operations Permit to Operate Power-Driven Machinery (PDM)

1.2.7 SECURITY

State of Oregon Performance Bond equal to twenty percent of the Bid value or $10,000, whichever is greater.

1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. OPRD may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

Event Date Time

Questions / Requests for Clarification / ITB Protests November 6, 2023 2:00 PM

Answers to Questions / Requests for Clarification

Issued (approx.)

November 8, 2023

Bid Closing / Opening of Bids November 14, 2023 2:00 PM

Issuance of Notice of Intent to Award (approx.) November 15, 2023

1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 137-046-0110. These definitions may not apply to the Proposed Contract attached as Attachment A.

1.4.1 GENERAL DEFINITIONS

Capitalized terms not specifically defined in this document are defined in OAR 137-046-0110.

“Bidder” or “Offeror” means a person that submits a Bid in response to the Invitation to Bid.

“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 .

“SPC” means the Single Point of Contact listed on the cover page of this ITB. All communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.

“Schedule of Events” means the specific time and dates events relating to this ITB will occur.

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

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“State” means Oregon Parks and Recreation Department.

“Successful Bidder” means the person(s), organization(s) to which the award is made.

1.4.2 CROSSWALK OF TERMS FOR OREGONBUYS

Terms used in OregonBuys

Definition

Addenda “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 Addenda.

Bid Opening Date

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

Bid Solicitation

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

Change Order A formal change to an existing MBPO (i.e., any form of contract;

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

Master Blanket Purchase Order

(“MBPO”)

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

purchase order; or work order contract.

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

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

1.5 SINGLE POINT OF CONTACT

All questions or requests for clarification about any component of this ITB, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

OPRD is conducting this ITB 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.

2.2 PROCUREMENT METHOD

OPRD is using the Competitive Sealed Bidding method, pursuant to ORS 279B.070 and OAR 137-047- 0270, and may use any available optional procedures.

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2.3 PRE-BID CONFERENCE

There will be no Pre-Bid Conference for this Project.

2.4 OREGONBUYS SYSTEM

This ITB and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

2.4.1 REGISTRATION REQUIREMENT

Proposers 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.

Proposers 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.

2.4.2 ITB ATTACHMENTS AND ADDENDA

In addition to the provisions set forth 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.

2.4.3 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 SPC identified on the cover of this ITB if unable to access solicitation documents via OregonBuys.

Proposers 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.

2.5 QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification, related to this solicitation must:

Be submitted in writing to the SPC identified on the cover page of this ITB via email.

Reference the ITB#: S-63400-00008389

Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.

Questions by telephone are not accepted.

OPRD will respond to questions and requests for clarifications through OregonBuys. In its’ sole discretion, OPRD, may change this ITB by written Addendum and post to OregonBuys. Clarifications, corrections, or changes to this ITB made in any other manner are not binding on the State.

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2.6 RESERVED

2.7 ADDENDUM

Unless otherwise stated in the ITB, OPRD shall post any Addendum on OregonBuys. Addendum are incorporated into this ITB by this reference and can be viewed and downloaded by interested parties registered in OregonBuys. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing.

OPRD is not responsible for sending Addendum to any prospective Bidder.

2.8 RESERVED

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 30 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bids must be submitted on the forms and in the format required by this Solicitation Document. Any Specific forms required for Bid submittal are included as attachments to this Solicitation Document.

The Bid should be presented in a format corresponding and referencing the sections contained in Section 3.3. Responses should be presented in the same order and identify the item being addressed.

3.2.2 RESERVED

3.2.3 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.

3.2.4 UNACCEPTABLE DELIVERY AND RECEIPT

OPRD will not accept or consider Bids that are:

Submitted orally or by FAX; and

Received after the Closing Date and Time.

3.2.5 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 3.2, and be on Bidder’s letterhead or clearly identify Bidder. Bids may not be modified after the Bid Closing date.

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3.2.6 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 1.5 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.

3.2.7 LATE BIDS

Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.2.8 OPENING OF BIDS

There will not be Public Opening of Bids for this Project.

3.3 BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this Section 3.3 and its subsections MAY be considered nonresponsive. OPRD has the right to determine if Bids substantially meet the requirements of this ITB.

3.3.1 CLOSING

Bids must be submitted by Closing to be considered.

3.3.2 REQUIRED FORMS

Bidder must complete and submit 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:

Attachment B – Bid Cover Sheet

Attachment C – Reference Check Form

Attachment D – Bid Submittal Form

Attachment E – COBID Certification / Outreach Plan

Attachment F – Responsibility Inquiry

3.3.3 BID COVER SHEET

The Bid must contain a completed Bid Cover Sheet (Attachment B) including an original 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 Solicitation Document. A Bidder shall not make a Bid conditional upon State’s acceptance of terms or conditions that conflict with or are in addition to those contained in this Solicitation Document

Upon request by OPRD, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s authority to bind the Bidder. Upon request of OPRD, Bidder shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Bid to execute agreements on behalf of the entity.

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3.3.4 REFERENCES

Bidder must provide 3 references, from separate firms or clients, for similar projects performed for any clients within the last 3 years. References from Oregon Parks and Recreation Department will not be accepted. References will be used to verify information submitted by Bidder.

Information provided must include:

Reference name, telephone number, email, and mailing address;

Description of services or products provided;

Service or product delivery starting and ending dates; and

Reference representative name, telephone number, and email address.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, OPRD may waive mistakes in accordance with OAR 137-047-0470.

4.2 RESPONSIBILITY DETERMINATION

OPRD will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) with Bid.

At any time prior to award, OPRD may reject a Bidder found to be not Responsible.

4.3 COST COMPARISON

OPRD shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

The Bid must comply with all minimum requirements and specifications described below.

1) Experience. The Bid must contain information that clearly demonstrates Bidder has a minimum of three (3) years of professional experience within the past five years successfully providing services comparable to those described in this Solicitation Document.

2) Resources. The Bid must contain information that clearly demonstrates that Bidder has the resources required (staffing, equipment, materials, etc.) to successfully provide the services described in this Solicitation Document in the timeframe required by OPRD.

4.5 REFERENCES

OPRD may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection.

OPRD may conduct other reference checks with persons whose names have not been provided by Bidder, but whom OPRD has knowledge. OPRD may use references to obtain additional information, break ties, or verify any information needed.

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4.6 DISQUALIFICATION OF BIDS

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

4.7 PREFERENCES

4.7.1 RESERVED

4.7.2 RECIPROCAL PREFERENCE

For bid calculation purposes per OAR 137-046-0310, OPRD shall add a percent increase to each out-of-state Bidder’s Bid price that is equal to the percent preference, if any, given to a Resident Bidder in the Bidder's state.

4.7.3 RECYCLED MATERIALS

In comparing Goods from two or more Bidders, if at least one Bidder offers Goods manufactured with Recycled Materials, and at least one Bidder does not, OPRD will select the Bidder offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125

(2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.7.4 PUBLIC PRINTING

OPRD shall, for the purpose of evaluating Bids, apply the public printing preference set forth in ORS 282.210.

4.7.5 TIEBREAKERS

Oregon Supplies: If OPRD receives Bids identical in price, fitness, availability and quality and chooses to award a Contract, OPRD shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.8 METHOD OF AWARD

4.8.1 GENERAL AWARD

If awarded, OPRD must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. OPRD may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

After a final selection is made, OPRD will issue a notice of Intent to Award on OregonBuys. Bid files are public records and available for review at OPRD by appointment.

5.2 RESERVED

5.3 PAY EQUITY

If selected for award and as applicable (Contract valued at $500,000 or more and 50 or more employees), Bidder shall submit to OPRD a true and correct copy of an unexpired Pay Equity

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Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/procurement/pages/payequity.aspx for requirements.

ORS 279B.110(2)(f) requires that Bidder provide this prior to execution of the Contract.

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles OPRD to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 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.

5.5 OTHER REQUIRED INFORMATION

5.5.1 INSURANCE

Prior to award, Bidder shall secure and demonstrate to OPRD proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit C of Attachment A.

5.5.2 OPERATIONS PLAN

Prior to award, Bidder shall complete and submit the Timber Sale Operations Plan found in Exhibit F of Attachment A.

5.5.3 PERFORMANCE BOND

Prior to award, Bidder shall secure and provide the State of Oregon Performance Bond in the amount equal to twenty percent of the Bid value using the form in Exhibit D of Attachment A.

5.5.4 CERTIFICATION

Prior to award, Bidder shall complete and receive approval on the Oregon Department of Forestry’s Notification of Operations and Permit to Operate Power Driven Machinery found at https://ferns.odf.oregon.gov/E-Notification/.

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SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, OPRD will proceed with final award. The Contact attached hereto as Attachment A is not negotiable.

Contractor shall not commence work under the Contract until the Contract has been executed and the OPRD has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, OPRD may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If OPRD receives an Offer from a government body, OPRD will initially review the Offer according to the same criteria set forth in this ITB. OPRD, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by OPRD.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of OPRD. The submission of a Bid in response to this ITB grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless OPRD cancels this ITB prior to the Closing identified in Section 1.3.

7.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples, and other supporting materials, or to participate in demonstrations, if required by this ITB.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, OPRD may reject any or all Bids in whole or in part, and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. OPRD, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless OPRD cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to OPRD.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Contract, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Bid contains information considered a trade secret under ORS Chapter 192.345(2), or otherwise is exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, each page containing such information must include the following:

“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 192.311 through

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192.478.”

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.

7.6 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Contract.

(ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280)

7.7 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 or operating on State property.

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ATTACHMENT A

SAMPLE CONTRACT

10341 Hazard Tree Removal Ona Beach Day Use Area Brian Booth State Park Page 1

SAMPLE CONTRACT

State of Oregon

Contract for Services 10341

Hazard Tree Removal Ona Beach Day Use Area Brian Booth State Park

This Contract for Services (this “Contract”) is by and between the State of Oregon, acting through its Oregon Parks and Recreation Department, (“AGENCY” or “OPRD”) and INSERT CONTRACTOR NAME, SOS COMPANY TYPE (“Contractor”) and is effective as of the Effective Date.

Contractor’s Contract Administrator for this Contract is:

Contact Name Company Address Address 2 City, State, ZIP Phone: (XXX) XXX-XXXX name@address.com

OPRD’s Contract Administrator for this Contract is:

Nick Morris, Central Forester Oregon Parks and Recreation Department 725 Summer Street NE, Suite C Salem, Oregon 97304 Phone: (503) 580-9039 nick.morris@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 on END DATE. The termination of this Contract will not extinguish or prejudice Agency’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 (Maps: Ona Beach Day Use Area, South Beach State Park);

2.4. Exhibit C (Required Insurance);

2.5. Exhibit D (Performance Bond);

2.6. Exhibit E (Independent Contractor Certification);

2.7. Exhibit F (Timber Sale Operations Plan); and

2.8. Exhibit G (Inadvertent Discovery Plan for Cultural Resources).

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

3. Services.

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

3.2. Submission and Acceptance of Deliverables. When the Statement of Work requires Contractor to deliver Deliverables to Agency, then Contractor shall deliver Deliverables that comply with the requirements and acceptance criteria set forth in the Statement of Work. Contractor shall provide written notice to Agency upon delivery of a completed Deliverables to Agency. By no later than (i) 15 business days after receipt of such notice, or (ii) the date or period for review set forth in the Statement of Work, Agency will determine whether the Deliverables has the characteristics and otherwise meets the acceptance criteria set forth in the Statement of Work. If Agency determines that the Deliverables has the characteristics and meets acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s acceptance of the Deliverables.

3.3. Rejection of Deliverables; Corrections. If Agency determines that a Deliverables does not have the characteristics or otherwise meet the acceptance criteria set forth in the Statement of Work in all material respects, Agency will notify Contractor in writing of Agency’s rejection of the Deliverables, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverables. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 business day period, modify or improve the Deliverables at Contractor’s sole expense so that the Deliverables has the characteristics described in the Statement of Work and meets, in all material respects, the acceptance criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverables to Agency. Agency will thereafter review the modified or improved Deliverables within 15 business days of receipt of the Contractor's delivery of the Deliverables. Failure of the Deliverables to have the characteristics or meet in all material respects the acceptance criteria set forth in the Statement of Work after the second submission will constitute a default by Contractor. In the event of such default, Agency may either, (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this Section, or (ii) notify Contractor of such default and pursue its remedies for default provided for by law or the terms of this Contract.

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 $BID AMOUNT.

Agency 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 Deliverables and Services, and will be made in accordance with the payment schedule and requirements set forth in Exhibit A.

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4.3. Invoices. Contractor shall submit one invoice to Agency at the successful completion of the Work to Agency’s Contract Administrator. The invoice must describe all Services performed including a description of the Cost of Operations as noted in Section 1742.

4.4. Expenses. Agency will not pay or reimburse any expenses incurred by Contractor during the completion of the Services except as authorized in the Statement Work or elsewhere in this Contract. Any such authorized travel expenses must comply with the Oregon Travel Policy available on the Internet at: http://www.oregon.gov/das/cfo/sars/policies/oam/40.10.00.pdf

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 Agency.

Agency believes it has sufficient funds currently available and authorized for expenditure to make payments under this Contract within Agency’s biennial appropriation or limitation. Contractor understands and agrees that Agency’s payments under this Contract are contingent on Agency receiving appropriations, limitations, or other expenditure authority sufficient to allow Agency, in the exercise of its reasonable administrative discretion, to continue to make payments under this Contract.

5. Contractor’s Personnel.

5.1. Reserved.

5.2. Reserved.

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

6. Independent Contractor; Responsibility For Taxes And Withholding

6.1. Independent Contractor. Contractor shall perform all Services as an independent contractor.

Agency reserves the right (i) to determine and modify the delivery schedule for the Services and

(ii) to evaluate the quality of the Services; however, Agency 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, Agency 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.

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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 Agency's prior written consent. In addition to any other provisions Agency may require, Contractor shall include in any permitted subcontract under this Contract provisions to ensure that Agency will receive the benefit of subcontractor’s performance as if the subcontractor were Contractor. Agency’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 Agency’s prior written consent.

8. Representations and Warranties.

8.1. Contractor’s General Representations and Warranties. Contractor represents and warrants to Agency 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;

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; and

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 agency of the State.

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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 each Deliverables 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 Deliverables to Agency 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 Deliverables to Contractor or Agency and no third party has any right, title or interest in any Deliverables supplied to Agency 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. Ownership of Work Product.

9.1. Definitions. As used in this Section 9, and elsewhere in this Contract, the following terms have the meanings set forth below:

9.1.1. “Contractor Intellectual Property” means any intellectual property owned by Contractor and developed independently from the Services.

9.1.2. “Third Party Intellectual Property” means any intellectual property owned by parties other than Agency or Contractor.

9.1.3. “Work Product” means everything that is originally made, conceived, discovered, or reduced to practice by Contractor or Contractor’s subcontractors or agents (either alone or with others) pursuant to this Contract, including every invention, modification, discovery, design, development, customization, configuration, improvement, process, work of authorship, documentation, formula, datum, technique, know how, secret, or intellectual property right whatsoever or any interest therein (whether patentable or not patentable or registerable under copyright or similar statutes or subject to analogous protection).

9.2. Original Works. All Work Product created by Contractor pursuant to the Services, including derivative works and compilations of Work Product, and whether or not such Work Product is considered a work made for hire or an employment to invent, is the exclusive property of Agency.

Agency and Contractor agree that such Work Product is “work made for hire” of which Agency is the author within the meaning of the United States Copyright Act. If for any reason the Work Product is not “work made for hire,” Contractor hereby irrevocably assigns to Agency any and all of its rights, title, and interest in all Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Upon

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Agency’s reasonable request, Contractor shall execute such further documents and instruments necessary to fully vest such rights in Agency. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

9.3. License in Contractor Intellectual Property. In the event that a Deliverables delivered by Contractor under this Contract is or is a derivative work based on Contractor Intellectual Property, or is a compilation that includes Contractor Intellectual Property, Contractor hereby grants to Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Contractor Intellectual Property employed in the Deliverables, and to authorize others to do the same on Agency’s behalf.

9.4. License in Third Party Intellectual Property. In the event that a Deliverables delivered by Contractor under this Contract is or is a derivative work based on Third Party Intellectual Property, or is a compilation that includes Third Party Intellectual Property, Contractor shall secure on the Agency’s behalf and in the name of the Agency an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the pre-existing elements of the Third Party Intellectual Property employed in the Deliverables, and to authorize others to do the same on Agency’s behalf.

9.5. No Rights. Except as expressly set forth in this Contract, nothing in this Contract may be construed as granting to or conferring upon Contractor any right, title, or interest in any intellectual property that is now owned or subsequently owned by Agency. Except as expressly set forth in this Contract, nothing in this Contract may be construed as granting to or conferring upon Agency any right, title, or interest in any Contractor Intellectual Property that is now owned or subsequently owned by Contractor.

9.6. Marks. Neither party grants the other the right to use its trademarks, trade names, service marks or other designations in any promotion or publication without prior written consent. Each party grants only the licenses and rights specified in this Contract.

9.7. Competing Services. Subject to the provisions of this Section 9, and Contractor’s obligations with respect to Confidential Information, including as defined in Section 10, nothing in this Contract precludes or limits in any way the right of Contractor to: (i) provide services similar to those contemplated in this Contract, or consulting or other services of any kind or nature whatsoever to any individual or entity as Contractor in its sole discretion deems appropriate, or (ii) develop for Contractor or for others, Deliverables or other materials that are competitive with those produced as a result of the Services provided hereunder, irrespective of their similarity to the Deliverables delivered pursuant to this Contract. Each party is free to utilize any concepts, processes, know-how, techniques, improvements or other methods it may develop during the course of performance under this Contract free of any use restriction or payment obligation to the other.

10. Confidential Information.

10.1. Confidential Information. Contractor acknowledges that it and its employees, officers, directors, agents or subcontractors (collectively, “Contractor Staff”) may, in the course of performing the Services under this Contract, be exposed to or acquire information that is confidential to Agency or Agency’s clients. Any and all information of any form (including but not limited to records, files, papers, materials, documents, and communications in written, verbal, oral and electronic form)

10341 Hazard Tree Removal Ona Beach Day Use Area Brian Booth State Park Page 7 that Contractor or any Contractor Staff may come into contact with or that is obtained by Contractor or Contractor Staff in the performance of this Contract shall be considered for the purposes of this Contract the confidential information of Agency (“Confidential Information”).

Contractor shall, and shall cause Contractor Staff to treat any reports or other documents or items (including software) that result from the use of the Confidential Information in the same manner as the Confidential Information.