ITB S-DASOBO-00014831.pdf

ITB Class Exemption Template Effective 07/15/2025

ITB Number – S-DASOBO-00014831 Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

State of Oregon Invitation to Bid

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit

Interim Removal Action Measure (IRAM)

BID # S-DASOBO-00014831

Oregon Department of Administrative Services State Procurement Services

On behalf of

Oregon Department of Environmental Quality

This Invitation to Bid (“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 – OREGONBUYS / ITB DOCUMENT AVAILABILITY for information regarding supplier registration and terminology used in the OregonBuys platform.

This document must be viewed electronically to access files, forms, provisions and any other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are otherwise unable to open any of the attached forms, Addenda, or other documents listed in the OregonBuys system may contact the Purchaser/Single Point of Contact (“SPC”) (see Section A.2) for alternative formats and any reasonable accommodations that might be needed.

This ITB and any resulting Contract are subject to the State Buy America requirements, pursuant to ORS 279C.303 and OAR 125-249-0170 as described herein (See ITB Section C.2.5).

https://oregonbuys.gov/bso/

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

TABLE OF CONTENTS

SECTION A PROJECT AND SOLICITATION SUMMARY

SECTION B DEFINITIONS

SECTION C INSTRUCTIONS TO BIDDERS

SECTION D AWARD

ATTACHMENT A BID PACKAGE FORMS

• FORM A-1: BIDDER INFORMATION AND CERTIFICATIONS FORM

• FORM A-2: PRICING FORM

• FORM A-3: BID SECURITY FORM

• FORM A-4: FIRST-TIER SUBCONTRACTOR FORM

ATTACHMENT B TECHNICAL SPECIFICATIONS: Technical Specifications Former St. Helens

Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure, dated October 17, 2025, prepared by Dalton, Olmsted & Fuglevand, Inc.

Attachment B is found as one (1) separate upload on OregonBuys.

ATTACHMENT C PLANS AND DRAWINGS: 2025 Lowland/In-Water Operable Unit Interim Removal Action Measure, dated October 17, 2025 prepared by Dalton, Olmsted & Fuglevand, Inc.

Attachment C is found as one (1) separate upload on OregonBuys.

ATTACHMENT D SAMPLE PUBLIC IMPROVEMENT CONTRACT, FORMS AND EXHIBITS

• ATTACHMENT D-1: SAMPLE PUBLIC IMPROVEMENT CONTRACT FORM

• ATTACHMENT D-2: PERFORMANCE BOND FORM

• ATTACHMENT D-3: PAYMENT BOND FORM

• ATTACHMENT D-4: GENERAL CONDITIONS, SUPPLEMENTAL GENERAL

CONDITIONS, AND CONTRACT CLOSEOUT

COMPLIANCE CHECKLIST

• ATTACHMENT D-5: INSURANCE REQUIREMENTS

• ATTACHMENT D-6: APPRENTICESHIP REQUIREMENTS

ATTACHMENT E REFERENCE DOCUMENTS

• ATTACHMENT E-1: IRAM FINAL DESIGN REPORT

Attachment E-1 is found as one (1) separate upload on OregonBuys.

• ATTACHMENT E-2: ADDITIONAL REFERENCE DOCUMENTS

o Data Gaps Investigation (“DGI”) Report o IRAM Investigation Report o IRAM Pre-Design Investigation (“PDI”) Report o Supplemental PDI (“SPDI”) Report o IRAM Basis of Design Report o Restoration Recommendations Memorandum

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM) o Geotechnical Evaluation – Sediment Removal Haul Roads o Amended Consent Judgment o Upland Data Center Prospective Purchaser Agreement o Corps Nationwide Permit Verification Letter NWP-2021-190-2 o DEQ 401 Water Quality Certification

A link to the Attachment E-2 documents is provided in Attachment E-2 herein.

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

SECTION A – PROJECT AND SOLICITATION SUMMARY

A.1 PROJECT DESCRIPTION

The purpose of this ITB is to establish a contract for the St. Helens Fiberboard Facility, Lowland/In- Water Operable Unit—Interim Removal Action Measure (“IRAM”) (the “Project”) for the benefit of the Oregon Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of Oregon Department of Environmental Quality (“DEQ” or “Agency”) (the “Contract”). DEQ is performing the IRAM pursuant to a settlement agreement reached between DEQ and Kaiser Gypsum Company, Inc., Armstrong World Industries, Inc., and Owens Corning Sales, LLC. The work to be performed under this Contract includes all labor, materials, transportation, equipment, permits, and services for and incidental to the completion of all construction Work in connection with the Project in strict accordance with the Contract Documents, including, but not limited to Attachment B—Technical Specifications and Attachment C—Plans and Drawings (the “Work”).

The primary objectives of the Work include: expedited removal of soil, sediment and wood wastes in the contiguous portions of the Lowland/In-Water Operable Unit; restoration of the IRAM Area to provide equivalent or improved ecological function; protection of the IRAM Area from future natural and anthropogenic disturbances and recontamination; completion of the IRAM in a manner that does not preclude future cleanup actions and implementation of the final remedy.

The Work, includes, but is not limited to:

• Construction of temporary haul roads within IRAM Subareas 1 and 2 (as shown in the Contract Documents)

• Construction of temporary upland facilities including roads, Sediment Processing Area (“SPA”), water treatment facility, import material stockpile area, and other facilities to support the IRAM.

Temporary facilities must be removed at completion of the Project.

• Removal and disposal of existing vegetation from within the IRAM Area (Subareas 1, 2, 3 and portions of Subarea 4) as shown in the Contract Documents.

• Removal of impacted soil, sediment, and wood waste from Subarea 1; and a limited amount of non-impacted underlying sediment to the extent required to efficiently remove overlying impacted sediment and impacted wood waste and maintain drainage.

• Removal of debris from Subareas 1, 2, 3, and 4 as identified in the Contract Documents.

• Management of water generated from sediment excavation work; management of water resulting from sediment processing; and, management of water captured from precipitation within the various work areas.

• Loading of, transportation of, and disposal off-site of impacted soil, sediment, and wood waste.

The Work must be completed during two consecutive Construction Seasons (“CSs”) (i.e., CS1 and CS2). The Work included in CS1 and CS2 is described on Plan Sheet C-45 in Attachment C. Work below the Ordinary High Water (“OHW”) elevation 17.5 feet North American Vertical Datum of 1988 (“NAVD88”) shall only be performed during the In-Water Work Periods (“IWWPs”) of July 1 to October 31 of each CS. If DEQ chooses to award the Alternate Bid Item for Restoration Planting, final restoration plantings are expected to be completed in a third season (CS3).

Proof of Contractor’s or its subcontractor’s active asbestos abatement license under Oregon Revised Statute (“ORS”) 468A.720 is required to be submitted to DEQ before the Notice to Proceed is issued

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM) after the contract award.

A.2 SINGLE POINT OF CONTACT (“SPC” or “Purchaser/SPC”)

Any questions or issues that may arise regarding the ITB and its attachments, bidding process, change, clarification, award process, protests, and any other issues must be directed to the SPC identified below:

Nameun House Nameun.House@das.oregon.gov 1225 Ferry St. SE Salem, Oregon 97301 503-910-9462

Note: OregonBuys refers to SPC as “Purchaser”.

A.3 SOLICITATION SCHEDULE

All dates listed are subject to change. All times listed in this ITB and OregonBuys are Pacific Standard Time (“PST”).

ACTIVITY SCHEDULE/DEADLINE

Mandatory Pre-Bid Conference See ITB Section A.10.

Deadline for solicitation protests, requests for change, requests for clarification, requests for approval of equivalents, and questions

December 4, 2025 at 2:00 PM

Deadline for Bid Submittal (“Closing”) December 11, 2025 at 2:00 PM

Public Opening Immediately after Bid Opening Date and time. (See “Public Opening” below for details on attending Public Opening)

Deadline for Award Protest 7 calendar days after issuance of the Notice of Intent to Award. See ITB Section D.4

A.4 SITE

The former St. Helens Fiberboard Facility is located at 1645 Railroad Avenue, St. Helens, Oregon 97051 (the “Site”).

The Site is currently owned by Upland Data Center LLC. Upland Data Center LLC entered into a Prospective Purchaser Agreement (“PPA”) with DEQ in August of 2024, in accordance with an Amended Consent Judgment. The Amended Consent Judgment and PPA are available for review on the DEQ website at the following link: https://ordeq.org/ECSI0091ITB mailto:Nameun.House@das.oregon.gov https://ordeq.org/ECSI0091ITB

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

For purposes of implementing remedial actions, the Site has been divided into the Upland Operable Unit (“Operable Unit 1” or “OU1”) and the Lowland/In-Water Operable Unit (“Operable Unit 2” or “OU2”).

The Upland Operable Unit is the developed portion of the Site where the former fiberboard operations were located. The Upland Operable Unit (OU1) remedial action was completed in 2019.

The area applicable for purposes of the Work included in this ITB is the “IRAM Area”, which is a portion of the submerged and submersible land wetland, intertidal areas, and in-water areas of OU2, and defined areas of the Upland Operable Unit (OU1) as further described and delineated in the Contract Documents. The selected Contractor must plan for and perform the Work considering the intertidal area, tides, and high-water conditions that have the potential to inundate the IRAM Area.

In accordance with the PPA, Upland Data Center LLC must provide access to dedicated onsite staging areas that are suitable for the temporary storage of construction equipment and materials, sediment dewatering and rehandling and water management, and other supporting activities as needed to facilitate implementation of the IRAM. The exact size, location, security, and configuration of onsite staging areas are identified in the Contract Documents and shall be utilized by the bidders in preparing their bids (see Attachment B and C). The selected Contractor will have use of and unencumbered access to the main facility entrance road or suitable alternative during construction, with the currently agreed upon areas for use identified in the Contract Documents (see Attachment B and C).

Other work on or near the Site, with forces other than those of the selected Contractor, may occur throughout the term of the resulting Contract, including demolition and construction of new facilities by Upland Data Center LLC. The selected Contractor shall coordinate Work with other contractors or forces, cooperate in good faith with all other contractors or forces, perform the Work in a way that will minimize interference and delay for all forces, and ensure the Work does not impact or interfere with ongoing Upland operations.

Pursuant to the PPA, DEQ provided Upland Data Center LLC with prior access to the Plans and Drawings (Attachment C). Upland Data Center LLC did not participate in the development of the Specifications nor the Plans, apart from identification of and agreement to the access route and OU1 staging areas, pursuant to the terms of the PPA with DEQ.

A.5 SITE ACCESS

Site access will be provided during the Mandatory Pre-Bid Conference.

A.6 PROJECT COST ESTIMATE AND FUNDING

The following is a Project estimate for bonding purposes: $50,000,000.

This Project is anticipated to be funded with settlement funds. Award is dependent upon Agency’s receipt of sufficient Project funding.

A.7 KEY PROJECT DATES

The project will be completed in two Construction Seasons with each Construction Season to be completed by the interim completion dates below. The CS2 Interim Completion date will serve as Substantial Completion, as defined in the General Conditions, for purposes of the Project, unless CS3 is awarded, in which case CS3 Interim Completion Date will serve as Substantial Completion for the Project.

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

PROJECT START DATE: February 1, 2026

CONSTRUCTION SEASON 1

INTERIM COMPLETION: No later than October 31, 2026 for completing all Work below the OHW elevation, as defined in the Contract Drawings, which is sequenced to be performed during Construction Season 1 (see Drawing Sheet C-45)

CONSTRUCTION SEASON 2

INTERIM COMPLETION: No later than October 31, 2027 for completing all Work below the OHW elevation, as defined in the Contract Drawings, which is sequenced to be performed during Construction Season 2 (see Drawing Sheet C-45)

CONSTRUCTION SEASON 3

INTERIM COMPLETION: No later than October 31, 2028

FINAL COMPLETION: Three months after last interim completion date

A.8 LIQUIDATED DAMAGES

Liquidated damages will apply to the Contract resulting from this ITB for failure to complete the Work by the Interim Completion Dates and Final Completion Date identified in A.7 above (see also Attachment D-1). If the Interim and Final Completion Dates are not met, damage will be sustained by DEQ and shall be the amounts set forth in this section. Contractor shall pay the amount as liquidated damages and not as a penalty. DEQ, at its discretion, may deduct amounts due as liquidated damages from any money payable to the Contractor, or may bill Contractor as a separate item. See Section G.1.1 under SGC-9 Section G.1 in this ITB for Contractor’s responsibilities for all damages arising from the Contractor’s failure to complete Work by the completion dates set forth below.

CONSTRUCTION SEASON 1 LDs: If Contractor fails to complete the Work required to be completed in Construction Season 1 by the Construction Season 1 interim completion date, and an in-water work period variance is sought and granted by the appropriate permitting agency(ies), Contractor shall pay to DEQ, not as a penalty, but as liquidated damages, $5,400 per calendar day for each day Work is performed beyond the CS1 Interim completion date. Assessment of liquidated damages will stop when CS1 Work is complete. If in-water work period variance is sought and not granted, the Contractor shall pay to DEQ, not as a penalty, but as liquidated damages, a single assessment of $2,000.

CONSTRUCTION SEASON 2: If Contractor fails to complete the Work required to be completed in Construction Season 2 by the Construction Season 2 Interim Completion date, and an in-water work period variance is sought and granted by the appropriate permitting agency(ies), Contractor shall pay to DEQ, not as a penalty, but as liquidated damages, $5,400 per calendar day for each day Work is performed beyond the CS2 Interim Completion Date. Assessment of liquidated damages will stop when CS2 Work is complete. If in-water work period variance is sought and not granted, the Contractor shall pay to DEQ, not as a penalty, but as liquidated damages, a single assessment of $2,000.

FINAL COMPLETION: Contractor shall pay to DEQ, not as a penalty of but as liquidated damages, $1,900 per calendar day for each day Work is performed beyond the Final Completion date.

Assessment of liquidated damages will stop when Final Completion is achieved.

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

A.9 PREVAILING WAGE RATES

This ITB and resulting Contract are subject to the Bureau of Labor and Industries (“BOLI”) prevailing wage rate requirements and the prevailing wage rates and apprenticeship rates in effect as of the date this ITB was first advertised, which, while not physically attached, are incorporated by reference with the same force and effect as though fully set forth herein and are available as follows:

BOLI, Prevailing Wage Rates for Public Works Contracts dated July 5, 2025, and as amended on October 5, 2025;

PWR Apprenticeship Rates in effect October 5, 2025.

These BOLI wage rates are available at: https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

The Work will take place in Columbia County, BOLI Region# 1.

A.10 MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held on November 14, 2025 at 10:00 a.m. (PST), in the conference room located inside the main office building of the Site at 1645 Railroad Avenue, St.

Helens, Oregon 97051. Bidders should park in the parking lot located through the main gate and just outside the main office building. This mandatory pre-bid conference will last 4-5 hours. Bidders must be on time to attend the mandatory pre-bid conference from the beginning through the end to sign in and sign out the attendance roster.

Any statements made at this conference will not change the Plans, Specifications, other Contract Documents or other provisions/requirements of this ITB unless an Addendum has been issued from Contracting Agency and advertised on the OregonBuys System.

BIDDERS ARE REQUIRED TO BE ON TIME AND ATTEND THE ENTIRETY OF THE MANDATORY

PRE-BID CONFERENCE DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS

FROM BIDDERS WHO DO NOT COMPLY WITH THESE ATTENDANCE REQUIREMENTS WILL BE

REJECTED AS NON-RESPONSIVE.

A.11 PUBLIC OPENING

The public Opening will occur immediately following the Closing, unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public Opening. Award decisions will not be made at the public Opening.

Contracting Agency will hold the public Opening through electronic means. Interested parties may attend the public Opening for this solicitation electronically as follows: (It is attendee’s choice to use video or audio only.)

A Microsoft Teams meeting will be held at 2:00 p.m. (PST) for the public Opening following the Closing.

Be sure to have Microsoft Teams access available on your computer or mobile phone and follow the following link:

Join the meeting now Meeting ID: 226 276 325 729 0 https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkwOWIyZDQtNzM4Yi00YTU0LThjZjYtM2M3MmNjZjg4Nzk3%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%221238c614-67b8-4067-b6a5-816f7b7b376c%22%7d

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

Passcode: qx2Dy9CY Dial-in by phone: +1 503-446-4951,,492897070# United States, Portland Find a local number Phone conference ID: 492 897 070#

SECTION B – DEFINITIONS

Together with the Definitions found in Section A.1 of the General Conditions, the following definitions apply to this ITB and the resulting Contract:

"Addendum" (referred to as "Amendment" in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Bidders in accordance with Oregon Administrative Rule (“OAR”) 137-049- 0250(2). The plural form of "Addendum" is "Addenda".

"Agency" means the Oregon Department of Environmental Quality (“DEQ”).

"Bid" (referred to as "Quote" in OregonBuys) means the Bidder’s written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award (see Section C.7.3 – Bid Package Requirements). Bid also means "Offer".

"Bidder" means an individual, organization, or representative of an organization that submits a Bid in response to an ITB. Bidder also means "Offeror”.

"Contracting Agency” means the Oregon Department of Administrative Services, State Procurement Services (“DAS SPS”)

“Contract Drawings” or “Drawings” means Attachment C Plans and Drawings of this ITB.

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

"DAS" means the Oregon Department of Administrative Services.

“DAS SPS” means the Oregon Department of Administrative Services, State Procurement Services.

“DEQ” means the Oregon Department of Environmental Quality or Owner.

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

“IRAM Area” means a portion of the submerged and submersible land wetland, intertidal areas, and in-water areas of OU2 and defined areas of the Upland Operable Unit (OU1) as shown on Attachment C Plans and Drawings.

“Manufactured Product”, for purposes of State Buy America, means a preassembled item that is made of iron or steel and that a contractor brings to a construction project for incorporation into a public improvement or public works, or a preassembled item that is made of iron or steel and that the Oregon Department of Administrative Services or the Department of Transportation acquires for a public use (See ORS 279C.303(1)(a)).

tel:+15034464951,,492897070 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=492897070

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

"OregonBuys" means the online electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at: https://oregonbuys.gov/bso/.

“Owner” means the Oregon Department of Environmental Quality or DEQ.

“Plans” or “Plans and Drawings” means Attachment C Plans and Drawings of this ITB.

"Public Improvement" means a project for construction, reconstruction or major renovation on real property by or for a contracting agency.

“Produced in the United States” for purposes of State Buy America, means (a) for iron and stee products, other than Manufactured Products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and (b) for Manufactured Products, that: (i) the manufacture of the product occurred within the United States; and (ii) the cost of the components of the product that are mined, produced, or manufactured in the United States is more than 55% of the total cost of all components of the product (See ORS 279C.303(1)(b))

"Signature" means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature” under Oregon Revised Statute

(“ORS”).

“Site” means the property located at 1645 Railroad Avenue, St. Helens, Oregon. The Site includes the Upland Operable Unit (“Operable Unit 1” or “OU1”) and the Lowland/In-Water Operable Unit (“Operable Unit 2” or “OU2”).

“Specifications” or “Technical Specifications” means Attachment B of this ITB.

"State" means the State of Oregon.

"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 – INSTRUCTIONS TO BIDDERS

C.1 OREGONBUYS / ITB DOCUMENT AVAILABILITY

C.1.1 REGISTRATION REQUIREMENT. Bidders must be registered in OregonBuys to do business with the State. Registration is free. OregonBuys uses the terms Vendor and Supplier interchangeably to refer to any form of business entity registered in OregonBuys.

To create a supplier account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see Supplier Resources:

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

Bidders are responsible for ensuring that their supplier registration and information is current and correct in OregonBuys, including choosing any commodity or service codes associated with its business. Contracting Agency shall not be responsible for defective registration or incorrect supplier https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM) information. Bidders shall contact support.oregonbuys@das.oregon.gov with any questions or supplier registration support.

C.1.2 OBTAINING ITB DOCUMENTS. This ITB, any ITB attachments, and any Addenda and related notices (collectively the “Amendments”) may be downloaded from OregonBuys at:

https://oregonbuys.gov/bso. This ITB and any attachments will not be mailed to prospective Bidders.

In some cases, exhibits and attachments cannot be viewed or downloaded through OregonBuys. In these cases, the solicitation will include instructions on how to obtain these documents.

Bidders should contact the Purchaser/SPC for this ITB if they are unable to access solicitation documents via OregonBuys.

C.1.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within, 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” sections; and

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

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

C.1.4 EXPLANATION OF CERTAIN TERMS USED IN OREGONBUYS

• Amendment: Any form of notice posted on OregonBuys associated with the solicitation, such as intent to award or solicitation cancellation, including an “Addendum” or “Addenda”, as defined in OAR 125-246-0110(1) (an addition to, deletion from, a material change in, or general interest explanation of a Solicitation Document).

• Bid Opening Date: The OregonBuys term for “Closing” as defined in OAR 125-246-0110(26)

(the date and time specified in a Solicitation Document as the deadline for submitting Offers).

• Bid Solicitation: Refers to this Invitation to Bid (“ITB”).

• Purchaser: Refers to the SPC identified on the Cover Page of this ITB.

• Quote: Bid Package (see Section C.7).

C.2 SOLICITATION LAWS, RULES AND GENERAL CONDITIONS

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the ORS, and Divisions 246 and 249 of the Oregon Administrative Rules (“OAR”) of the Oregon Department of Administrative Services 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.

mailto:support.oregonbuys@das.oregon.gov https://oregonbuys.gov/bso

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.2.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C). Can be obtained online at:

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

C.2.2 OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES ADMINISTRATIVE RULES –

(OAR Chapter 125, Divisions 246 and 249 and OAR Chapter 137, Divisions 046 and 049) - Can be obtained from the Department of Administrative Services, 1225 Ferry Street SE U140, Salem, OR 97301-4285. Phone (503) 378-4642 or online at: http://arcweb.sos.state.or.us/banners/rules.htm

C.2.3 GENERAL CONDITIONS. In addition to the foregoing, this ITB and the resulting Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS (“General Conditions”) dated January 1, 2012, as modified by the Supplemental General Conditions, both of which are incorporated herein and provided as Attachment D-4.

C.2.4 COMMITMENT TO DIVERSITY, EQUITY AND INCLUSION. The State of Oregon (“State”) is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority-owned, women-owned, emerging small, and veteran-owned businesses by reducing barriers to compete for and be awarded State contracts. All interested businesses are encouraged to submit Bids for this contracting opportunity. See also Executive Order No. 22-15.

C.2.5 STATE BUY AMERICA REQUIREMENTS

Pursuant to ORS 279C.303, as implemented under OAR 125-249-0170, steel, iron, coatings for steel and iron, and Manufactured Products purchased for or used in the Project, and that become part of a permanent structure, must be Produced in the United States. See Attachment D for applicable requirements.

C.2.6. APPRENTICESHIP REQUIREMENTS

This Project is subject to the Apprenticeship and Outreach, Recruitment and Retention Requirements set forth in ORS 279C.533. See Attachment D-6 for the Apprenticeship Requirements and Attachment D-1 for the Outreach, Recruitment, and Retention Requirements.

C.3 BRAND NAME AND EQUIVALENTS

C.3.1 BRAND NAMES. This ITB (including Plans and Specifications) does not expressly or implicitly require any product by brand name or mark, nor does it require the product of any particular manufacturer or seller, unless an exemption has been granted under ORS 279C.345(2).

C.3.2 EQUIVALENTS. This ITB (including Plans and Specifications) may identify products by brand name or equivalent (such as “approved equal”, “or equal”, “approved equivalent”, or “equivalent”, or similar language). In such case, Bidder may use either the (i) brand name product or (ii) an equivalent product.

https://www.oregonlegislature.gov/bills_laws/Pages/ORSarchive.aspx http://arcweb.sos.state.or.us/banners/rules.htm

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

An equivalent product is one approved in writing by Contracting Agency in its sole discretion upon finding that the proposed product satisfies Project needs for quality, utility, durability, function, and purpose.

C.4 REQUESTS FOR APPROVAL OF EQUIVALENTS, CLARIFICATION, OR CHANGE;

SOLICITATION PROTESTS

C.4.1 REQUEST FOR APPROVAL OF EQUIVALENTS. Bidders may request approval of equivalents.

Requests shall provide all the information necessary for Contracting Agency to determine product acceptability (see Section C.3.2). Requests shall reference any applicable Specification sections.

Contracting Agency will issue an Addendum identifying any approved equivalent products.

C.4.2 REQUEST FOR CLARIFICATION. Bidders may request clarification of any ITB requirements per the method provided in Section C.4.5, below.

C.4.3 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS.

Bidders may request changes to contractual terms, Plans, or Specifications. The request shall include a statement of the requested changes and the reason for the requested changes.

C.4.4 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS. Bidders may protest contractual terms and conditions, Plans or Specifications. The protest shall include a detailed statement of the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and a statement of the desired changes to the contractual terms and conditions, Plans or Specifications.

C.4.5 METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS. Requests for approval of equivalents, clarification or changes, and protests of the ITB provisions shall be made in Writing via email to the Purchaser/SPC and marked as follows:

Email Subject Line: Bid Request for: Approval of Equivalents / Clarification / Change / Protest of ITB Provisions

Body of Email: ITB Number and Bid Opening Date

Requests and solicitation protests must be received by the Purchaser/SPC by the deadline provided in the Solicitation Schedule (see Section A.3). Unless this specific deadline is extended by subsequent Addenda, no requests or protests pertaining to provisions contained in the originally issued ITB will be considered after the date specified herein.

C.4.6 RESPONSES. Contracting Agency will respond to properly submitted requests and protests.

Contracting Agency may post question and answer documents on OregonBuys to respond to inquiries when Contracting Agency determines, in its sole discretion, the answers do not effect changes to this ITB. Contracting Agency may also informally respond to Bidder questions. When appropriate, including approval of equivalents, Contracting Agency will amend the ITB via Addendum.

Unless Contracting Agency amends the ITB by Addendum, a response from Contracting Agency does not change Plans, Specifications, contractual terms, or procurement requirements.

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

C.5 REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE AND PROTEST OF

ADDENDA

Requests for clarification, requests for change, and protests of Addenda shall be submitted to the SPC per the method provided in Section C.4.5 and must be received by the time and date specified in the Addendum or they will not be considered. Contracting Agency will not consider requests or protests of matters not addressed by the Addendum.

C.6 TRADE SECRETS

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS

192.345 or confidential proprietary information under ORS 192.355, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.478, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.” Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidders that is already in the public domain is not protected. The State shall not be liable for disclosure or release of information when authorized or required by law or court order to do so. The State shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.461 to 646.475.

C.7 BID PACKAGE SUBMISSION

C.7.1 BINDING OFFER. Bidder’s Bid is a firm Bid, irrevocable, valid, and binding on the Bidder for not less than 120 calendar days from the Bid Opening Date.

Contracting Agency may request that Bidder extend the time period during which Contracting Agency may consider and accept the Bid. If Bidder agrees to such an extension, the Bid shall continue as an irrevocable, valid, and binding Bid binding on the Bidder for the agreed-upon extension.

C.7.2 SUBMISSION REQUIREMENTS. The Bid Package must be submitted via OregonBuys.

Contracting Agency will reject submittals by any other means. Each electronic file or attachment must be clearly identified with the OregonBuys Bid Number. Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB. Bidders shall make reasonable efforts to minimize the file size of attachments to 5 megabytes.

For information on how to submit an electronic response to an opportunity, please visit:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation %20Response.pdf

C.7.3 BID PACKAGE REQUIREMENTS

(1) Bidder Information and Certifications Form. Bidder must complete and submit Attachment A, Form A-1 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

(2) Pricing Form. Bidder must complete and submit Attachment A, Form A-2 in accordance with the form instructions and upload via an electronic file on OregonBuys by the Bid Opening Date.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

(3) Bid Security. Bidders must provide bid security in an amount equal to 10% of the total amount of the Bid (“Bid Security”) prior to Closing. Contracting Agency will accept the following forms of Bid Security:

(a) Bid bond from a surety company authorized to do business in the State. If Bid Security is furnished by means of a Bid bond, the State Bid Security Form, provided as Attachment A, Form A-3, is the required form to be used for this ITB and it must be uploaded via an electronic file on OregonBuys. At any time during the solicitation, upon request or demand by Contracting Agency, Bidder must immediately furnish the original of any Bid Security submitted via electronic means to the SPC.

(b) A fully executed certified or cashier’s check or an irrevocable letter of credit issued by an Insured Institution as defined in ORS 706.008. If using one of these methods, Bidder shall contact SPC to arrange for delivery prior to Closing.

(4) First-Tier Subcontractor Disclosure Form. Bidders must complete and submit Attachment

A, Form A-4 either (i) with the Bid Package submission via Oregon Buys or (ii) via email to the Purchaser/SPC within 2 working hours after the Bid Opening Date.

C.7.4 SIGNATURES. All Bid forms requiring Signature must be signed by an authorized representative of the Bidder. Bidder agrees that any Signatures on documents submitted in response to this ITB via OregonBuys or email are Electronic Signatures under ORS Chapter 84, bind the Bidder, and are intended to be and can be relied upon by Contracting Agency.

C.7.5 TIMELINESS. Contracting Agency will use the time stamp on the submittal through OregonBuys to determine timeliness. Contracting Agency shall not be responsible for and will not accept late or misdelivered Bids, protests, or other submittals.

C.7.6 FAILURE OF ELECTRONIC SYSTEMS. Contracting Agency is not and shall not be held responsible for failure of OregonBuys or any email system that interferes with the ability of Bidders to submit Electronic Submittals, to protest or to otherwise participate in the ITB process. In the event of a failure of OregonBuys or any email system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, Contracting Agency may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing the extension immediately after OregonBuys or any email system becomes available.

C.7.7 HARD COPIES AND ORIGNALS. Contracting Agency reserves the right at any time to require the Bidder to submit hard copy originals of any documents included in an electronic Bid Package.

Further, Contracting Agency reserves the right to require that the apparent successful Bidder promptly submit its complete original signed Bid to Contracting Agency.

C.8 BID MODIFICATION PRIOR TO THE BID OPENING DATE

Modifications made after Bid submission must be uploaded in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Modifications made after Bid submission shall be prepared on Bidder’s letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Bid. Failure to comply with the provisions of this Section will result in Bid rejection.

Nothing in this Section shall 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 Specifications or Plans attached to the Bid documents.

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

Bidders shall not modify Bids after the Bid Opening Date.

C.9 BID WITHDRAWAL PRIOR TO THE BID OPENING DATE

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.

SECTION D – AWARD

Bids must be submitted in accordance with all instructions in this ITB prior to the Bid Opening Date specified in OregonBuys for this ITB (see also Section A.3, Solicitation Schedule). Bids received after the Bid Opening Date will not be considered for award.

D.1 PRELIMINARY BID RESULTS

Following public Opening (see Section A.11), Contracting Agency may post preliminary Bid results on the OregonBuys System. Such postings may not be correct and are not final. The posting of the preliminary Bid results is not a representation by Contracting Agency that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

D.2 METHOD OF AWARD

Provided Contracting Agency does not cancel the solicitation or reject all Bids pursuant to OAR 137- 049-0270, Award will be made to the responsible Bidder submitting the lowest responsive Bid, calculated as follows.

(1) LUMP SUM. If the ITB requires a lump sum Bid, without additive or deductive alternates, or if Contracting Agency elects not to award additive or deductive alternates, Bids will be compared based on lump sum prices or lump sum base Bid prices, as applicable. If the ITB calls for a lump sum base Bid, plus additive or deductive alternates, the total Bid price will be calculated by adding to or deducting from the base Bid those alternates selected by Contracting Agency, for the purpose of comparing Bids.

(2) UNIT PRICE. If the Bid includes unit pricing for estimated quantities, the total Bid price will be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder and adjusting for any additive or deductive alternates selected by Contracting Agency, for the purpose of comparing Bids. Contracting Agency will specify within the ITB the estimated quantity of the procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. See OAR 137-049-0350(2)(b).

(3) LUMP SUM AND UNIT PRICED BID ITEMS. If the ITB requires the Bid include both (i) unit pricing for estimated quantities, and (ii) lump sum pricing for Bid Items, the total Bid price will be calculated as the total of all Unit-priced and Lump Sum Bid Items, adjusting for additive or deductive alternates selected by Contracting Agency. Unit priced Bid Items will be calculated by multiplying the estimated quantity by the unit price. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price governs. See OAR 137-049-0350(2)(b).

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

Contracting Agency may award by Bid item, groups of bid items or the entire Bid provided such award is in the public interest.

D.2.1 APPLICATION OF RECIPROCAL PREFERENCE. In determining the lowest responsive Bid, Contracting Agency will, in accordance with OAR 125-246-0310, add a percentage increase to the Bid of a Non-resident Bidder (see Attachment A, Form A-1) equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides. Adjustments made to account for reciprocal preferences will be for Bid evaluation purposes only. No such adjustments shall operate to amend Bidder’s Bid or any Contract awarded pursuant thereto.

D.2.2 RESPONSIVENESS. For its Bid to be considered responsive, the Bidder must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. Bids may be considered nonresponsive and rejected if the Bid:

• includes non-approved equivalents where approval is required;

• takes exception to the Specifications or Plans or contractual terms of the ITB;

• is contingent upon Contracting Agency’s acceptance of Specifications, Plans, or Contract terms that conflict with or are in addition to those advertised in this ITB; or

• is unreadable.

In making a responsiveness determination, Contracting Agency may waive minor informalities as described in OAR 137-049-0350, and Contracting Agency may seek clarification of any response that, in its sole discretion, it deems necessary or advisable. However, Bidders may not supplement their Bids to provide for missing information.

D.2.3 RESPONSIBILITY. Prior to award of the Contract, Contracting Agency will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 125-249-0390. In doing so, Contracting Agency may investigate Bidder and request information in addition to that already required in this ITB in Attachment A, Form A-1, Responsibility Inquiry, when Contracting Agency, in its sole discretion, considers it necessary or advisable.

Contracting Agency shall notify the apparent successful Bidder, in Writing, of any other documentation required for it to complete its responsibility inquiry, 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, and similar information. Submission of a signed Bid shall constitute approval for Contracting Agency to obtain any information Contracting Agency deems necessary to conduct the evaluation.

Failure to promptly provide this information shall result in Bid rejection. Contracting Agency may postpone the award of the Contract after posting a notice of its intent to award (“Notice of Intent to Award”) to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility as required under OAR 125-249-0390 shall render the Bidder non-responsible and shall constitute grounds for Bid rejection, as required under OAR 125-249-0440.

D.3 REJECTION OF BIDS

Former St. Helens Fiberboard Facility Lowland/In-Water Operable Unit Interim Removal Action Measure (IRAM)

D.3.1 REJECTION OF ALL BIDS. Contracting Agency may reject all Bids for good cause upon its finding that it is in the public interest to do so. Agency will issue written findings if all offers are rejected.

D.3.2 LIQUIDATED AND DELINQUENT DEBT. Contracting Agency may reject a particular Bid if a Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

D.3.3 REJECTION OF PARTICULAR BIDS. Contracting Agency may reject a particular Bid for any of the reasons listed under OAR 125-249-0440.

D.4 NOTICE OF INTENT TO AWARD

Contracting Agency will issue to each Bidder or post, electronically or otherwise, Notice of Intent to Award identifying the apparent successful Bidder (“Awarded Bidder”), pursuant to ORS 279C.375.

D.5 PROTEST OF INTENT TO AWARD

Bidders who are adversely affected or aggrieved because all other Bids were nonresponsive or Contracting Agency committed a violation of a provision of the ITB or procurement statute or administrative rules in evaluation of the Bids may submit a protest of the Notice of Intent to Award. The protest must be in Writing, specify the grounds upon which the protest is based and be submitted via email to the Purchaser/SPC within 7 days after issuance of the Notice of Intent to Award. Protests received after that date will not be considered. See also OAR 137-049-0450.

D.6 FINAL AWARD

Upon expiration of the Notice of Intent to Award protest period (or after affirmation of the Award following a protest, if any) the award will be final. If only one Bid is submitted, there will be no Notice of Intent to Award protest period.

D.7 INFORMATION TO BE SUBMITTED BY THE AWARDED BIDDER

The Awarded Bidder shall provide the following required documents to Contracting Agency:

• Proof of Insurance. Awarded Bidder shall furnish proof of insurance meeting the requirements provided in Attachment D-5.

• Performance and Payment Bonds. Using the forms provided in Attachment D-2 and Attachment D-3, the Awarded Bidder shall furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State.

• W-9 Form. When requested by Agency or when the backup withholding status or any other information of Bidder has changed since the last submitted W-9 form, if any, Awarded Bidder shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form. The W-9 form is available at: http://www.irs.gov/pub/irs-pdf/fw9.pdf.

Failure to present the required documents within 7 days of final award (see Section D.6) may result in revocation of award and forfeiture of the Bid Security as described in Section D.8.1 below. Should Awarded Bidder, working in good faith, be unable to meet the required timeframes set forth in this Section, Bidder shall in Writing via email to SPC explain the circumstances and request an extension for the number of days needed to achieve compliance, which Contracting Agency, in its sole discretion, may allow.

D.8 EXECUTION OF PUBLIC IMPROVEMENT CONTRACT

http://www.irs.gov/pub/irs-pd…