ITB Tiimberline Generator Replacement 6-2-2025sm.pdf

C800 Public Improvement Project 25-0525 Page 1

CLACKAMAS 800 RADIO GROUP

INVITATION TO BID (ITB)

FOR

Timberline Communications Site Generator, Switch Gear and Fuel Tank

Replacement Project

CLACKAMAS 800 RADIO GROUP (C800)

BID OPENING

DATE: June 6, 2025

PLACE: C800 Group

5900 NE Pinefarm Court, Hillsboro, OR 97124

BID CLOSING 2:30 PM

BID OPENING 3:00 PM

ISSUED BY:

CLACKAMAS 800 RADIO GROUP

5900 NE Pinefarm Court Hillsboro, Oregon 97124

PUBLISHED May 21, 2025

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TABLE OF CONTENTS

SECTION 1 INVITATION TO BID (ITB)

SECTION 2 INSTRUCTIONS TO BIDDERS

SECTION 3 BID FORMS

BIDDER CERTIFICATION FORM

BID SCHEDULE OF PRICES

AFFIDAVIT OF NON-COLLUSION

BIDDER RESPONSIBILITY FORM

SECTION 6 GENERAL CONDITIONS

SECTION 7 SPECIFICATIONS / DRAWINGS

SECTION 8 AGREEMENT FORM

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SECTION 1

INVITATION TO BID (ITB)

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INVITATION TO BID

Notice is hereby given that Clackamas 800 Radio Group (C800) will open sealed bids at Washington County Consolidated Communications Agency (WCCCA) located at 5900 North East Pinefarm Court Hillsboro, OR 97124 for the:

Timberline Generator, Switch Gear and Fuel Tank Replacement

BID CLOSING June 6, 2025 at 2:30 PM BID OPENING June 6, 2025 at 3:00 PM

No bids will be received or considered after the time of closing.

This project involves the purchasing of new power generation and switch gear equipment to replace aged existing power generation and switch gear.

There will not be a PRE-BID CONFERENCE.

The solicitation document will be available by contacting the C800 Contract Project Manager Ted Leach (503) 690-4911 (office) or (971)440-5589 (mobile) / email: tleach@wccca.com who will provide an electronic set of documents.

The C800 Board of Directors or its representatives reserve the right to reject any and all bids not in compliance with all prescribed public bidding procedures and requirements, may reject for good cause any and all bids upon the finding that it is in the public interest to do so and may waive any and all informalities.

DATED 21st day of MAY 2025 mailto:tleach@wccca.com

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SECTION 2

INSTRUCTIONS TO BIDDER

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INSTRUCTIONS TO BIDDERS

2.1 C800 – (Clackamas 800 Radio Group) an ORS 190 organization that owns and operates the public safety communication system serving Clackamas County, Oregon) that owns and operates the public safety communication system serving Clackamas County, Oregon). One of the Radio Communications Sites is located in the United Mount Hood National Forest near Timberline Lodge. This contract seeks to replace the two (2) existing generators with one 40 KW propane Generator and related switch gear and in-ground fuel tank.

2.2 This Invitation to Bid (ITB) is issued pursuant to ORS 279A, ORS 279B and the Oregon Attorney General Model

Rules Divisions 46, 47, 48 and 49. The term "C800" throughout this document means Clackamas 800 Radio Group, the term “Bidder” means a Contractor that submits a Bid in response to this ITB, and the term “Contractor” means the Bidder awarded a contract as a result of this ITB.

Note: Where the term “days” is used, it shall mean calendar days through out.

2.3 SCOPE.

a. The purpose of this Solicitation is to establish a Construction Contract between the Bidder awarded the contract (Contractor) and C800 (Owner) for the furnishing of emergency generators.

b. The selected Contractor shall provide all labor, materials, plant, equipment, transportation and other facilities and services as necessary and/or required to execute all of the Work described in this solicitation document.

c. In addition to the requirements set forth in this solicitation document, and all enclosures and addenda, the provisions of the Owner-Contractor Construction Contract are hereby incorporated by reference.

2.4 SOLICITATION SCHEDULE

INVITATION TO BID ADVERTISED May 21, 2025 LAST

DATE FOR REQUEST FOR CHANGE May 27, 2025 Noon

LAST DATE FOR SPECIFICATION PROTEST June 3, 2025 2:00PM

BID CLOSING June 6, 2025 2:30PM

BID OPENING June 6, 2025 3:00 PM

NOTICE OF INTENT TO AWARD WITHIN 5 DAYS OF BID OPENING

LAST DATE TO PROTEST AWARD 7 DAYS AFTER NOTICE OF INTENT TO AWARD

2.5 C800 REPRESENTATIVE. Ted Leach C800 Project Manager

2.6 BID PREPARATION.

a. Bidder shall complete and return as its Bid, the following forms and information (see blank forms in

Enclosures):

i. Bid Proposal,

ii. Summary of Prices, ITB Timberline Generator Replacement Project 25-0525 Page 12

iii. Non-Collusion Form,

iv. Bidder Responsibility Form, and;

b. Failure to submit these and any other document as requested or required in accordance with this solicitation shall be grounds to declare the Bid nonresponsive.

2.7 CONSTRUCTION CONTRACT, BONDS, INSURANCE.

a. The Bidder awarded this solicitation shall, within ten (10) calendar days after receipt of a Notice of Award sign the Construction Contract issued by the C800 Project Manager for each agency.

b. If the Construction Contract is not received as specified then the Construction Contract shall be voided and the Contract may be awarded to the next Lowest, Qualified Bidder.

2.8 NO WAIVER OF CONDITIONS; Failure of C800 to insist on strict performance shall not constitute a waiver of any of the provisions of this procurement or waiver of any other default of the Bidder.

2.9 SCOPE OF WORK RESERVATION; The right is reserved by C800, before or after award, to make changes in the scope of the work as may be considered necessary, and in the interest of the public. Contract Amount adjustments for such changes shall be considered negotiated and will be provided for in the contract documents.

2.10 NOTICE TO PROCEED.

a. The Bidder shall not begin work until a Notice to Proceed is issued by the C800 Project Manager on a per communication shelter basis.

b. C800 reserves the right to cancel the contract at no penalty if it is in the best interest of the public to do so, if:

i. a protest was received that overturns the award of this contract, or

ii. Funding for the project is not available.

2.11 ELIGIBILITY FOR AWARD OF CONTRACT: Compliance with Bid Documents

2.12 PRE-BID CONFERENCE; A pre-bid conference will not be held.

2.12 ADDENDA:

a. Issuance; Receipt. C800 may change this Solicitation only by Written Addenda. A Bidder shall provide written acknowledgement of receipt of all issued Addenda with their Bid on the Bidder Certifications Form.

b. Notice and Distribution. C800 will notify all known plan holders by posting any Addenda to the Districts web site www.C800.org . It is the Bidders responsibility to inquire about Addenda - Bidders should frequently check until Closing about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

c. Timelines; Extensions. C800 shall issue Addenda within a reasonable time to allow prospective Bidders to consider the Addenda in preparing their Bids. C800 may extend the Closing if C800 determines prospective Bidders need additional time to review and respond to Addenda. Except to the extent required by public interest, C800 shall not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

2.13 REQUEST FOR CLARIFICATION, CHANGE, or PROTEST:

a. Clarification. Prior to the deadline for submitting a written request for change or protest, a Bidder may request that C800 clarify any provision of the solicitation document. C800's clarification to a Bidder, whether orally or in Writing, does not change the solicitation and is not binding on C800 unless C800 amends the solicitation by Addendum.

b. Request for Change.

i. Delivery. A Bidder may request in writing a change to the Specifications or contract terms and conditions.

A Bidder shall deliver to C800 the Written request for change by NOON ten (10) Days prior to Closing electronically to tleach@wccca.com .

http://www.c800.org/

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ii. Content of Request for Written Change:

A. Bidders Written request for change shall include a statement of the requested change(s) to the contract terms and conditions, including any Specifications, together with the reason for the requested change.

B. A Bidder shall mark its request for change as follows:

(i) “Contract Provision Request for Change”; and

(ii) Solicitation number.

c. Protest.

i. Delivery. A Bidder may protest specifications or contract terms and conditions. A Bidder shall deliver a written protest, electronically to tleach@wccca.com on those matters to the C800 by NOON six (6) Days prior to Closing;

ii. Content of Protest.

A. A Bidders Written protest shall include:

(i) A detailed statement of the legal and factual grounds for the protest;

(ii) A description of the resulting prejudice to the Bidder; and

(iii) A statement of the desired changes to the contract terms and conditions, including any Specifications.

B. A Bidder shall mark its protest as follows:

(i) “Contract Provision Protest”; and

(ii) Solicitation number.

iii. The Response. C800 is not required to consider a Bidders request for change or protest after the deadline established for submitting such request or protest. C800 shall provide notice to the applicable Bidder if it entirely rejects a protest. If C800 agrees with the Bidder's request or protest, in whole or in part, C800 shall either issue an Addendum reflecting its determination under OAR 137-49-0260 or cancel the Solicitation under OAR 137-49-0270.

d. Extension of Closing. If C800 receives a written request for change or protest from a Bidder in accordance with this Rule, C800 may extend Closing if C800 determines an extension is necessary to consider the request or protest and issue an Addendum, if any, to the Solicitation.

2.14 CANCELLATION OF SOLICITATION; Cancellation in the Public Interest. C800 may cancel a Solicitation for good cause if C800 finds that cancellation is in the public interest. C800's reasons for cancellation shall be made part of the Solicitation file.

2.15 BID SUBMISSIONS:

a. Offer and Acceptance. The Bid is the Bidder's offer to enter into a Construction Contract. The Offer is always a "Firm Offer," i.e., the Bid shall be held open by the Bidder for C800's acceptance for ninety

(90) days. C800 may elect to accept the Bid at any time during the specified period, and C800's Award of the Contract to a Bidder constitutes acceptance of the Offer and binds the Bidder to the Contract.

b. Responsive Bid. C800 may award a Contract only to a Responsible Bidder with a Responsive Bid.

c. Contingent Bids. A Bidder shall not make a Bid contingent upon C800's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

d. Bidders Acknowledgement. By submitting a Bid, the Bidder acknowledges they have read and understand the terms and conditions contained in the Solicitation and that they accept and agree to be bound by the terms and conditions of the Solicitation. Unless defects, ambiguities, omissions, or errors are brought to C800's attention within FIVE (5) calendar days prior to Closing, protests or appeals based on such defects, ambiguities, omissions, or errors received after issuance of the Notice of Intent to Award (NIA) will not be favorably considered.

e. Instructions. A Bidder shall submit and sign their Bid. A Bidder shall initial any corrections or erasures to their Bid.

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f. Forms. Bidders shall submit their Bid on the form(s) provided.

g. Documents. Bidders shall provide C800 with all documents and descriptive literature requested.

h. Facsimile or Electronic Submissions. C800 will not accept facsimile or electronic Bids.

i. Product Samples and Descriptive Literature. C800 may require product samples or descriptive literature if it is necessary or desirable to evaluate the quality, features or characteristics of the offered items. C800 will dispose of product samples or return or make available for return product samples to the Bidder.

j. Identification of Bids.

i. To ensure proper identification and handling, Bids shall be submitted in a sealed envelope appropriately marked with the Bidders name and address and TIMBERLINE GENERATOR CONTRACT: 25-0525 in large block numbers.

ii. C800 is not responsible for Bids submitted in any manner, format or to any delivery point other than as required in the Solicitation.

k. Receipt of Bids. The Bidders are responsible for ensuring that C800 receives their Bid at the required delivery point prior to the closing due date and time, regardless of the method used to submit or transmit the Bid. Bids shall be mailed or delivered in person and received prior to the closing due date and time.

l. Failure to submit Bids in accordance with the provisions of this shall be grounds to declare the Bid as non-responsive.

m. Certification. Bidders shall (on the Bidder Certification form enclosed):

i. Provide certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

ii. Provide written acknowledgment of receipt of all Addenda.

2.16 MODIFICATION OR WITHDRAWAL:

a. Modifications. A Bidder may modify their Bid in writing prior to the Closing. A Bidder shall prepare and submit any modification to its Bid to C800 in accordance with OAR 137-49-0280. Any modification shall include the Bidders statement that the modification amends and supersedes the prior Bid. The Bidder shall hand deliver or mail its modification and mark envelope as follows:

“Bid Modification”; and Solicitation Name.

b. Withdrawals. A Bidder may withdraw its Bid by Written notice submitted on the Bidders letterhead, signed by an authorized representative of the Bidder, hand delivered or mailed, and received by C800 prior to the Closing. The Bidder or authorized representative of the Bidder may also withdraw its Bid in Person prior to the Closing, upon presentation of appropriate identification and satisfactory evidence of authority;

i. The C800 may release an unopened withdrawn Bid to the Bidder or its authorized representative, after voiding any date and time stamp mark;

ii. The Bidder shall mark the Written request to withdraw a Bid as follows:

“Bid Withdrawal”; and Solicitation Name

c. Documentation. C800 shall include all documents relating to the modification or withdrawal of Bids in the Solicitation file.

2.17 RECEIPT, OPENING, AND RECORDING OF BIDS:

a. Receipt of Bids. The Bidder is responsible for ensuring that C800 receives its Bid at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Bid. C800/WCCCA staff shall electronically or mechanically time-stamp or hand-mark each Bid and any modification upon receipt. C800’s' official time clock is located in the lobby of Washington County Consolidated Communications Agency located at 5900 NE Pinefarm Court Hillsboro, Oregon 97124. In the event of a discrepancy between the stamp clock and the official time clock, the official time clock time prevails. In the event a Bid is too large to be time stamped a separate paper will be time stamped and attached to the Bid or marked by hand the date and time it was received.

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b. Opening and Recording. C800 shall publicly open Bids including any modifications made to the Bid pursuant to OAR 137-49-0320. In the case of Invitations to Bid, to the extent practicable, C800 shall read aloud the name of each Bidder, the Bid price(s), and such other information as C800 considers appropriate.

c. Availability. After Opening, C800 shall make Bids available for public inspection. C800 may withhold from disclosure those portions of a Bid that the Bidder designates as trade secrets or as confidential proprietary data in accordance with applicable law. See ORS 192.501(2); ORS 646.461 to 646.475.

2.18 LATE BIDS, WITHDRAWALS AND MODIFICATION:

Any Bid received after the Closing date and time is Late. A Bidders request for withdrawal or modification of a Bid received after Closing is Late. C800 shall not consider Late Bids, withdrawals or modifications except as permitted in OAR 137-49-0350 or 0390.

2.19 MISTAKES:

a. Generally: To protect the integrity of the competitive Procurement process and to assure fair treatment of Bidders, C800 should carefully consider whether to permit waiver, correction or withdrawal of Offers for certain mistakes.

b. C800 Treatment of Mistakes. C800 shall not allow a Bidder to correct or withdraw an Offer for an error in judgment. If C800 discovers certain mistakes in an Offer after Opening, but before Award of the Contract, C800 may take the following action:

i. C800 may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Offer, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to:

A. Return the correct number of Signed Offers or the correct number of other documents required by the Solicitation Document;

B. Sign the Offer in the designated block, provided a Signature appears elsewhere in the Offer, evidencing an intent to be bound; and

C. Acknowledge receipt of an Addendum to the Solicitation Document, provided that it is clear on the face of the Offer that the Bidder received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

ii. C800 may correct a clerical error if the error is evident on the face of the Offer or other documents submitted with the Offer, and the Bidder confirms C800's correction in Writing. A clerical error is a Bidder's error in transcribing its Offer. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Offer). In the event of a discrepancy, unit prices shall prevail over extended prices.

iii. C800 may permit a Bidder to withdraw an Offer based on one or more clerical errors in the Offer only if the Bidder shows with objective proof and by clear and convincing evidence:

A. The nature of the error;

B. That the error is not a minor informality under this subsection or an error in judgment;

C. That the error cannot be corrected or waived under subsection (b) of this section;

D. That the Bidder acted in good faith in submitting an Offer that contained the claimed error and in claiming that the alleged error in the Offer exists;

E. That the Bidder acted without gross negligence in submitting an Offer that contained a claimed error;

F. That the Bidder will suffer substantial detriment if C800 does not grant the Bidder permission to withdraw the Offer;

G. That C800's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on C800 or the public it represents; and

H. That the Bidder promptly gave notice of the claimed error to C800.

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iv. The criteria in subsection (c) of this rule shall determine whether C800 will permit a Bidder to withdraw its Offer after Closing. These criteria also shall apply to the question of whether C800 will permit a Bidder to withdraw its Offer without forfeiture of its Bid bond (or other Bid or Proposal security), or without liability to C800 based on the difference between the amount of the Bidder's Offer and the amount of the Contract actually awarded by C800, whether by Award to the next lowest Qualified, Responsive and Responsible Bidder or the best Qualified, Responsive and Responsible Proposer, or by resort to a new solicitation.

c. Rejection for Mistakes. C800 shall reject any Offer in which a mistake is evident on the face of the Offer and the intended correct Offer is not evident or cannot be substantiated from documents submitted with the Offer.

d. Identification of Mistakes after Award. The procedures and criteria set forth above are Bidder's only opportunity to correct mistakes or withdraw Offers because of a mistake. Following Award, a Bidder is bound by its Offer, and may withdraw its Offer or rescind a Contract entered into pursuant to this OAR Division 49 only to the extent permitted by applicable law.

2.20 BID EVALUATION CRITERIA:

a. General. A Public Improvement Contract, if awarded, shall be awarded to the Responsible Bidder(s) submitting the lowest Qualified, Responsive Bid.

b. C800 may reject any Bid not in compliance with all prescribed Public Contracting procedures and requirements, and may reject for good cause all Bids upon C800’s finding that it is in the public interest to do so.

c. Bid Evaluation Criteria. Invitations to Bid may solicit lump-sum Bids, unit-price Bids, or a combination of the two.

i. Lump Sum. If the Invitation to Bid (ITB) requires a lump-sum Bid, without additive or deductive alternates, or if C800 elects not to award additive or deductive alternates, Bids shall be compared on the basis of 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 shall be calculated by adding to or deducting from the base Bid those alternates selected by C800, for the purpose of comparing Bids.

ii. Unit Price. If the Bid includes unit pricing for estimated quantities, the total Bid price shall 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 the C800, for the purpose of comparing Bids. C800 shall specify within the Solicitation 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 shall govern. See OAR 137-49-0350(2) (b).

2.21 BID EVALUATION AND AWARD; DETERMINATION OF RESPONSIBILITY:

a. General. If Awarded, C800 shall Award the Contract to the Responsible, Qualified Bidder or Bidders submitting the lowest, Qualified Responsive Bid C800 may award by item, groups of items or the entire Bid provided such Award is consistent with the Solicitation Document and in the public interest.

b. Determination of Responsibility. Bidders are required to demonstrate their ability to perform satisfactorily under a Construction Contract. Before Awarding a Construction Contract, C800 shall have information that indicates that the Bidder meets the standards of responsibility set forth in ORS 279.375(3) (b). To be a Responsible Bidder, C800 shall determine that the Bidder:

i. Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of the Bidder to meet all contractual responsibilities;

ii Has a satisfactory record of contract performance. C800 shall carefully scrutinize a Bidders record of contract performance if the Bidder is or recently has been materially deficient in contract performance. In reviewing the Bidders performance, C800 should determine whether the Bidders deficient performance was expressly excused under the terms of Contract, or whether the Bidder took appropriate corrective action.

C800 may review the Bidders performance on both private and Public Contracts in determining the Bidders record of contract performance. C800 shall make its basis for determining a Bidder Not Responsible under this paragraph part of the Solicitation file;

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iii. Has a satisfactory record of integrity. A Bidder may lack integrity if C800 determines the Bidder demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to C800. C800 may find a Bidder Not Responsible based on the lack of integrity of any Person having influence or control over the Bidder (such as a key employee of the Bidder that has the authority to significantly influence the Bidders performance of the Contract or a parent company, predecessor or successor Person). The standards for Conduct Disqualification under OAR 137-49-0370 may be used to determine Bidders integrity. C800 shall make its basis for determining that a Bidder is not Responsible under this paragraph part of the Solicitation file;

iv. Is qualified legally to contract with C800; and

v. Has supplied all necessary information in connection with the inquiry concerning responsibility. If the Bidder fails to promptly supply information requested by C800 concerning responsibility, C800 shall base the determination of responsibility upon any available information, or may find the Bidder Not Responsible.

c. C800 Evaluation: C800 shall evaluate a Bid only as set forth in the Solicitation Document and in accordance with applicable law. C800 shall not evaluate a Bid using any other requirement or criterion.

d. Bidder Submissions.

i. C800 may require a Bidder to submit Product Samples, Descriptive Literature, Technical Data, or other material and may also require any of the following prior to award:

A. Demonstration, inspection or testing of a product prior to award for characteristics such as compatibility, quality or Workmanship;

B. Examination of such elements as appearance or finish; or

C. Other examinations to determine whether the product conforms to Specifications.

D. C800 shall evaluate product acceptability only in accordance with the criteria disclosed in the Invitation to Bid Document to determine that a product is acceptable. C800 shall reject a Bid providing it Bids Nonconforming Work or materials is not Disqualification and is not appealable under ORS279C.445.

f. Evaluation of Bids. C800 shall use only objective criteria to evaluate Bids as set forth in the ITB. C800 shall evaluate Bids to determine which Responsible Bidder(s) submitted the lowest Qualified, Responsive Bid.

i. Clarifications. In evaluating Bids, C800 may seek information from a Bidder only to clarify the Bidder's Bid. Such clarification shall not vary, contradict or supplement the Bid. A Bidder shall submit Written and Signed clarifications and such clarifications shall become part of the Bidder's Bid.

ii. Negotiation Prohibited. C800 shall not negotiate scope of Work or other terms or conditions under an Invitation to Bid process prior to award.

2.22 NOTICE OF INTENT TO AWARD:

a. Notice. At least seven calendar days before the Award of a Construction Contract, C800 shall issue to each Bidder (pursuant to ORS 279C.375(2)), or post electronically or otherwise, a notice of C800's intent to Award the Contract.

b. Form and Manner of Posting. The form and manner of posting notice shall conform to customary practices within C800's procurement system, and may be made electronically.

c. Finalizing Award. C800's Award shall not be final until the later of the following:

i. Seven Calendar Days after the date of the notice, unless the Solicitation Document provided a different period for protest; or

ii. C800 provides a Written response to all timely-filed protests that denies the protest and affirms the Award.

d. Prior Notice Impractical. Posting of notice of intent to award shall not be required when C800 determines that it is impractical due to unusual time constraints in making prompt Award for its immediate procurement needs, documents the Contract file as to the reasons for that determination, and posts notice of that action as soon as reasonably practical.

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2.23 DOCUMENTATION OF AWARD; AVAILABILITY OF AWARD DECISIONS:

a. Basis of Award. After Award, C800 shall make a record showing the basis for determining the successful Bidder(s) part of C800's Solicitation file.

b. Contract Document. C800 shall deliver a fully executed copy of the final Construction Contracts to the successful Bidder(s).

c. Bid Tabulations and Award Summaries. Upon request of any Person C800 shall provide tabulations of Awarded Bids.

d. Availability of Solicitation Files. C800 shall make completed Solicitation files available for public review at C800.

2.24 NEGOTIATIONS; Except as permitted by ORS 279C.340 and OAR 137-49-0430 when all Bids exceed the cost estimate, C800 shall not negotiate with any Bidder prior to Contract Award. After Award of the Construction Contract, C800 and Contractor may only modify the Construction Contract by change order or Amendment to the Construction Contract in accordance with OAR 137-49-0860.

2.25 REJECTION OF BID:

a. Rejection of an Offer. Procurement process or that rejecting the Offer is in the public interest.

i. C800 shall reject an Offer upon C800's finding that the Offer:

A. Is contingent upon C800's acceptance of terms and conditions (including Specifications) that differ from the Solicitation Document;

B. Takes exception to terms and conditions (including Specifications);

C. Attempts to prevent public disclosure of matters in contravention of the terms and conditions of Solicitation Document or in contravention of applicable law;

D. Offers Work that fails to meet the Specifications of the Solicitation Document;

E. Is late;

F. Is not in substantial compliance with the Solicitation Documents;

G. Is not in substantial compliance with all prescribed public Solicitation procedures.

ii. C800 shall reject an Offer upon C800's finding that the Bidder:

A. Has been declared ineligible under ORS 279C.860 by the Commissioner of Bureau of Labor and Industries and the Contract is for a Public Work;

B. Is listed on the Federal “Excluded Parties List System” (EPLS);

C. Has not met the requirements of ORS 279A.105 if required by the Solicitation Document;

D. Has not submitted properly executed Bid as required by the Solicitation Document;

E. Is not Responsible. See OAR 137-049-0390(2) regarding C800 determination that the Bidder has met statutory standards of responsibility.

b. Form of Business. For purposes of this rule, C800 may investigate any Bidder submitting an Offer. The investigation may include that Bidder’s officers, Directors, owners, affiliates, or any other person acquiring ownership of the Bidder to determine application of this rule or to apply the Disqualification provisions of ORS 279C.440 to 279C.450 and OAR 137-049-0370.

c. Certification of Non-Discrimination. The Bidder shall certify and deliver to C800 Written certification, as part of the Offer that the Bidder has not discriminated and will not discriminate against minority, women or emerging small business enterprises in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification.

d. Rejection of all Offers. C800 may reject all Offers for good cause upon C800's Written finding it is in the public interest to do so. C800 shall notify all Bidders of the rejection of all Offers, along with the good cause justification and finding.

e. Criteria for Rejection of All Offers. C800 may reject all Offers upon a Written finding that:

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i. The content of or an error in the Solicitation Document, or the Solicitation process unnecessarily restricted competition for the Contract;

ii. The price, quality or performance presented by the Bidders is too costly or of insufficient quality to justify acceptance of the Offer;

iii. Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process;

iv. Causes other than legitimate market forces threaten the integrity of the competitive Procurement process.

These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct and inadvertent or intentional errors in the Solicitation Document;

v. C800 cancels the Solicitation in accordance with OAR 137-049-0270; or

vi. Any other circumstance indicating that Awarding the Contract would not be in the public interest.

2.26 PROTEST OF CONTRACTOR SELECTION, CONTRACT AWARD:

a. Purpose. An adversely affected or aggrieved Bidder shall exhaust all avenues of administrative review and relief before seeking judicial review of C800's Contractor selection or Construction Contract Award decision.

b. Notice of Intent to Award. Unless otherwise provided in the Solicitation, C800 shall provide written notice to all Bidders of C800's intent to award the Contract. C800's Award shall not be final until the later of the following:

i. Seven (7) calendar days after the date of the notice, unless the Solicitation provided a different period for protest; or

ii. C800 provides a written response to all timely- filed protests that denies the protest and affirms the Award.

c. Right to Protest Award.

i. An adversely affected or aggrieved Bidder may submit to C800 a Written protest of C800's intent to award within seven (7) calendar days after issuance of the notice of intent to award the Contract, unless a different protest period is provided under the Solicitation.

ii. The Bidders protest shall be in Writing and shall specify the grounds upon which the protest is based.

iii. A Bidder is adversely affected or aggrieved only if the Bidder is eligible for Award of the Contract as the Responsible Bidder submitting the lowest Qualified, Responsive Bid, i.e., the protesting Bidder shall claim that all lower Bidders are ineligible for Award:

A. Because their Bids were non-responsive; or

B. C800 committed a substantial violation of a provision in the Solicitation or of an applicable procurement statute or administrative rule, and the protesting Bidder was unfairly evaluated and would have, but for such substantial violation, been the Responsible Bidder offering the lowest Qualified, Responsive Bid.

iv. C800 shall not consider a protest submitted after the time period established in this Rule or such different period as may be provided in the Solicitation. A Bidder may not protest C800’s decision not to increase the size of the Competitive Range above the size of the Competitive Range set forth in the Invitation to Bid if any.

d. C800 shall not consider a protest submitted after the time period established in this Rule or such different period as may be provided in the Solicitation.

e. Authority to Resolve Protests. The C800 Manager, or such Person's designee, may settle or resolve a written protest submitted in accordance with the requirements of this Rule.

f. Decision. If a protest is not settled, the Board Chair of C800, or such Person's designee, shall promptly issue a written decision on the protest. Judicial review of this decision will be available if provided by statute.

ITB Timberline Generator Replacement Project 25-0525

g. Award. The successful Bidder shall promptly execute the Construction Contract after the Award is final. C800 shall execute the Construction Contract only after it has obtained all applicable required documents and approvals.

2.27 BID COSTS; C800 are not liable for any costs incurred by the Bidder in its Bid preparation.

2.28 FOREIGN CONTRACTOR; If the Contract Price exceeds $10,000 and the Contractor is a Foreign Contractor, the

Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the Contract Price, terms of payment, contract duration and such other information as the Department of Revenue may require before final payment can be made on the Construction Contract. A copy of the report shall be forwarded to C800. C800 Awarding the Construction Contract shall satisfy itself that the above requirements have been complied with before it issues final payment on the Construction Contract.

2.29 REGISTRATION REQUIREMENTS. None

2.30 CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND

LABOR SURPLUS AREA FIRMS. The Contractor will take all necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible.

SECTION 3

BID FORMS

• BIDDER CERTIFICATION FORM

• BID SCHEDULE OF PRICES

• AFFIDAVIT OF NON-COLLUSION

• BIDDER RESPONSIBILITY FORM

BIDDER CERTIFICATION FORM

FOR TIMBERLINE GENERATOR, SWITCH

GEAR AND FUEL TANK REPLACEMENT

PROJECT

(Bidder)

(physical address)

(city, state zip)

1. The Bidder certifies that they have read and understand the Drawings, Specifications, Addenda, Construction Contract and all other documents pertaining to this Project.

2. The Bidder agrees to provide all labor, materials, plant, equipment, transportation (to a single staging area) and other facilities and services as necessary and/or required to execute all of the Work described by the aforesaid documents and will be provided and within the time specified.

3. The Bidder acknowledges that the general schedule for performance will be to deliver emergency generators after release by C800 between May 2025 and May 2018. Specific schedules will be determined by mutual agreement between Bidder and C800.

4. The Bidder agrees to complete the work within the number of calendar days as stipulated in the individual emergency generator release documents agreed to by Bidder and C800. Further Bidder agrees to meet the Milestones and Specific Dates set forth in the individual communication shelter release documents and acknowledges that their failure to achieve substantial and/or Final Completion by these stipulated dates, or by any owner authorized extension thereto, subjects the Bidder to liquidated damages of Fifty Dollars and no/100’s ($50.00) per day for failure to perform, as further defined in the Contract.

5. The Bidder agrees to execute the formal Construction Contract within ten (10) days from date of Notice of

Acceptance of this Bid, and in the case the undersigned fails or neglects to appear within the specified time to execute the Construction Contract and the undersigned is considered having abandoned the Construction Contract by the Owner.

6. That no officer, agency or employee of C800 is personally interested directly or indirectly in this contract or the compensation to be paid hereunder, and that no representation, statement or statements, oral or in writing, of C800, its officers, agents, or employees had induced the Bidder to enter into this contract and the papers made a part hereof by its terms;

7. The Bidder acknowledges that the individual that signs this Bid is fully authorized to sign on behalf of the firm listed and to fully bind the firm listed to all conditions and provisions thereof.

8. The Bidder certifies that Bidder has complied or will comply with all requirements of local, state, and national laws, and that no legal requirement has been or will be violated in making or accepting this Bid.

9. The Bidder certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110, against any minority, women or emerging small business enterprise in obtaining any required subcontract.

10. The Bidder agrees to comply with Oregon tax laws in accordance with ORS 305.385.

11. Any Bid of a Bidder listed on BOLI’s List of Ineligibles will be rejected.

12. Federal Tax I.D. Number or Social Security Number

13. The Bidder acknowledges receipt of the following addenda: (List by number and date appearing on the addenda.)

Addenda Number Date

Addenda Number Date

Respectfully submitted this day of 2025.

Signature:

Name: Title:

(Print/type)

Phone: Fax:

Email Address:

BID SCHEDULE OF PRICES

TIMBERLINE GENERATOR, SWITCH GEAR AND FUEL TANK REPLACEMENT

PROJECT

BIDDER:

The amounts shall be shown in both words and figures. In case of a discrepancy, the amount shown in words shall govern.

PROJECT COST

AFFIDAVIT OF NON-COLLUSION

ITB TIMBERLINE GENERATOR REPLACEMENT PROJECT 25-0525

(Bidder)

STATE OF COUNTY OF

I state that I am (title) of (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Bid.

I State that:

1. The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other Bidder, Bidder or potential Bidder, except as disclosed on the attached appendix.

2. That neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before Bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from offering on this contract, or to submit a Bid higher than this Bid, or to submit any intentionally high or noncompetitive Bid or other form of complementary Bid.

4. The Bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid.

5. _(name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to offering on any public contract, except as described in the attached appendix.

6. _(name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by C800 in awarding the Construction Contract(s) for which this Bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the C800 of the true facts relating to the submission of Bids for this contract.

Authorized Signature Date

Subscribed and sworn to before me this day of , 2025

Notary Public

My Commission expires

Instructions

1. The information provided in this form is part of C800’s inquiry concerning Bidder responsibility. Please print clearly or type.

2. If you need more space, use plain paper. Submit completed form with Bid response.

3. Answer all questions. Submission of a form with unanswered questions, incomplete or illegible answers may result in a finding that the Bidder is not a responsible Bidder.

BIDDER RESPONSIBILITY FORM

(BIDDER’S QUALIFICATIONS AND FINANCIAL INFORMATION)

DECLARATION AND SIGNATURES

The undersigned hereby declares that he or she is duly authorized to complete and submit this Bidder Responsibility Form and that the statements contained herein are true and correct as of the date set forth below. Incomplete, incorrect or misleading information will be reason for a determination by C800 of Bidder non-responsibility.

Date:

By: (Signature of authorized official)

Name: (Please type or print)

Title: (Please type or print)

For: (Firm’s name) (Please type or print)

REFERENCES AND RELIABILITY

Name

Business or Employer

Telephone Email

Name

Telephone Email

Has your company ever been declared in breach of any contract for unperformed or defective work?

If “yes,” explain

Has any employee or agent of your company ever been convicted of a criminal offense arising out of obtaining, attempting to obtain, or performing a public or private contract or subcontract?

Has any employee or agent of your company been convicted under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty?

Has your company or any employee or agent of your company been convicted under state or federal Antitrust laws?

Has any Officer or Partner of your organization ever been an Officer or Partner of another Organization that failed to complete a contract? If “yes,” explain

Page 31 ITB Timberline Generator Replacement Project 25-0525

FINANCIAL RESOURCES

Has your firm ever been at any time in the last ten years the debtor in a bankruptcy case?

If “yes,” explain.

Does your firm have any outstanding judgments pending against it? If “yes,” explain

In the past ten years, has your firm been a party to litigation, arbitration or mediation where the amount in dispute exceeded $25,000? If “yes,” explain. (Include court, case number and party names.)

In the past ten years, has your firm been a party to litigation, arbitration or mediation on a matter related to payment to suppliers or work performance on a contract? (Enter “yes” even if the matter proceeded to arbitration or mediation without court litigation) If “yes,” explain. (Include court, case number and party names)

Have you or any of your affiliates discontinued business operation with outstanding debts?

If “yes,” explain.

Page 32 ITB Timberline Generator Replacement Project 25-0525

KEY PERSONNEL

List the principal individuals of your company, their current job title, the total years of experience they have in the industry and their current primary responsibility for your company. Corporations list current officers. Limited liability companies list members who own 25% or more of company. Partnerships list all partners. Joint ventures list each firm that is a member of the joint venture and the percentage of ownership the firm has in the joint venture.

Name: Position

Years in Construction Current Primary Responsibility

Person who will be in direct charge of work if your company is awarded this Contract: (Provide attachment if additional space required.)

Years in Position Largest Project Supervised $

ADDITIONAL REMARKS

List the question each additional remark relates to. If more space needed, attach additional sheet(s) and check the following: Additional pages are attached to this Bidder Responsibility Form:

Page 33 ITB Timberline Generator Replacement Project 25-0525

SECTION 6

PROJECT GENERAL CONDITIONS

Page 34 ITB Timberline Generator Replacement Project 25-0525

C800 PUBLIC IMPROVEMENT CONTRACT No. 25-0525

- 35 -

GENERAL CONDITIONS

C800 GROUP PUBLIC IMPROVEMENT CONTRACT

TABLE OF SECTIONS

SECTION A

GENERAL PROVISIONS

A.1 DEFINITION OF TERMS

A.2 SCOPE OF WORK

A.3 CONTRACT DOCUMENTS

A.4 INTERPRETATION OF DOCUMENTS

A.5 EXAMINATION OF PLANS, SPECIFICATIONS,

AND SITE

A.6 INDEPENDENT CONTRACTOR STATUS

A.7 RETIREMENT SYSTEM STATUS

A.8 GOVERNMENT EMPLOYMENT STATUS

SECTION B

ADMINISTRATION OF THE CONTRACT

B.1 CONTRACTOR'S MITIGATION OF IMPACTS

B.2 MATERIALS AND WORKMANSHIP

B.3 PERMITS

B.4 COMPLIANCE WITH GOVERNMENT REGULATIONS

B.5 SUPERINTENDENCE

B.6 INSPECTION

B.7 SEVERABILITY

B.8 ACCESS TO RECORDS

B.9 WAIVER

B.10 ASSIGNMENTS/SUBCONTRACT

B.11 SUCCESSORS IN INTEREST

B.12 OWNER'S RIGHT TO DO WORK

B.13 OTHER CONTRACTS

B.14 GOVERNING LAW

B.15 ALLOWANCES

B.16 SUBMITTALS, SHOP DRAWINGS, PRODUCT DATA

AND SAMPLES

B.17 SUBSTITUTIONS

B.18 USE OF PLANS AND SPECIFICATIONS

B.19 FUNDS AVAILABLE AND AUTHORIZED

B.20 NO THIRD PARTY BENEFICIARIES

SECTION C

WAGES AND LABOR

C.1 MINIMUM WAGES RATES ON PUBLIC WORKS

C.2 PAYROLL CERTIFICATION, FEE REQUIREMENTS

AND PUBLIC WORKS BOND

C.3 PROMPT PAYMENT AND CONTRACT CONDITIONS

C.4 PAYMENT FOR MEDICAL CARE

C.5 HOURS OF LABOR

SECTION D

CHANGES IN THE WORK

D.1 CHANGES IN THE WORK

D.2 DELAYS

D.3 CLAIMS REVIEW PROCESS AND DISPUTE

RESOLUTION

SECTION E

PAYMENTS

E.1 SCHEDULE OF VALUES

E.2 APPLICATIONS FOR PAYMENT

E.3 PAYROLL CERTIFICATION REQUIREMENT

E.4 RETAINAGE

E.5 FINAL PAYMENT

SECTION F

JOB SITE CONDITIONS

F.1 USE OF PREMISES

F.2 PROTECTION OF WORKERS, PROPERTY

AND THE PUBLIC

F.3 CUTTING AND PATCHING

F.4 CLEANING UP

F.5 ENVIRONMENTAL CONTAMINATION

F.6 ENVIRONMENTAL CLEAN-UP

F.7 FORCE MAJEURE

SECTION G

BONDING AND INSURANCE

G.1 PERFORMANCE SECURITY

G.2 INSURANCE

SECTION H

SCHEDULE OF WORK

H.1 CONTRACT PERIOD

H.2 SCHEDULE

SECTION I

CORRECTION OF WORK

I.1 CORRECTIONS OF WORK BEFORE FINAL

PAYMENT

I.2 WARRANTY WORK

SECTION J

SUSPENSION/TERMINATION OF THE WORK

J.1 OWNER'S RIGHT TO SUSPEND THE WORK

J.2 CONTRACTOR'S RESPONSIBILITIES

J.3 COMPENSATION FOR SUSPENSION

J.4 OWNER'S RIGHT TO TERMINATE CONTRACT

J.5 TERMINATION FOR CONVENIENCE

J.6 ACTION UPON TERMINATION

SECTION K

CONTRACT CLOSE-OUT

K.1 RECORD DRAWINGS

K.2 OPERATION AND MAINTENANCE MANUALS

K.3 RELEASE OF LIENS AND CLAIMS

K.4 NOTICES

K.5 TRAINING

K.6 EXTRA MATERIALS

K.7 ENVIRONMENTAL CLEAN-UP

K.8 CERTIFICATE OF OCCUPANCY

K.9 OTHER CONTRACTOR RESPONSIBILITIES

SECTION L

LEGAL RELATIONS AND RESPONSIBILITY

- 36 -

TO THE PUBLIC

L.1 LAWS TO BE OBSERVED

L.2 FEDERAL AGENCIES

L.3 STATE AGENCIES

L.4 LOCAL AGENCIES

- 37 -

STANDARD GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

SECTION A

A.1 DEFINITIONS

In the Contract Documents the following terms shall be as defined below:

ARCHITECT/ENGINEER, means the Person appointed by the Owner to make drawings and specifications and to provide contract administration of the Work contemplated by the Contract.

BID, means a competitive offer, which is binding on the offerer, in which price, delivery (or Project completion), and conformance to specification and the requirements of the Invitation to Bid will be the predominant award criteria.

Depending on the solicitation procedure used, a “bid” may also be a “proposal.” For the purposes of the Contract Documents, the terms “bid,” “proposal” and “offer” are synonymous.

BIDDER, means the Person who submits a Bid in response to the Owner's Solicitation Document.

CLAIM, means a resubmitted change request which has been previously denied by the Owner's Authorized Representative.

CONTRACT, means the written agreement between the Owner and the Contractor describing the Work to be done and the obligations between the parties.

CONTRACT DOCUMENTS, means the Solicitation…