RFQ 269996C001 final for posting.pdf

RFQ 269996C001 Page 1 of 31 RFQ version 1/21/25

State of Oregon

Oregon Military Department

PUBLIC WORKS / PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

(“RFQ”)

Solicitation #269996C001

SALEM AUDITORIUM

DONMESTIC HOT WATER SYSTEM UPGRADES

QUOTES MUST BE RECEIVED BY

APRIL 23, 2026 BY 10:00 AM

RFQ 269996C001 Page 2 of 31 RFQ version 1/21/25

PROJECT SUMMARY

RFQ PURPOSE:

The purpose of the RFQ is to establish a State of Oregon Public Works / Public Improvement Contract for SALEM AUDITORIUM DONMESTIC

HOT WATER SYSTEM UPGRADES Project for the benefit of Oregon Military Department (“OMD”). The Work contemplated under this

Contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all construction Work in connection with the project described in the RFQ and the Contract Documents.

PROJECT DESCRIPTION:

Replace/Modify existing Domestic Hot Water System (DHW) including demolition and disposal of existing DHW system, provide and install new

DHW system including heater, all piping interconnections including for cold water, Gas, electrical and Permits as required to complete the installation for a fully operational DHW

All work must be done in accordance with all current Federal, State, County, and City Codes and as detailed in Attachment A Statement of Work

SINGLE POINT(S) OF CONTACT “POC”:

The single Point of Contact “POC” for all questions regarding the RFQ, forms, Specifications, Plans, bidding process, changes, clarifications, requests for brand approval, substitution requests, the award process and any other issues that may arise is:

Name: Sam Goff – CPPB

Address: Oregon Military Department

AGI Support Branch

3406 Cherry Ave NE

Keizer OR 97303

Phone: 971-355-4167

E-mail: sam.a.goff@omd.oregon.gov

OREGON CCB REQUIREMENTS

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

OREGON PREVAILING WAGE RATES (BOLI REQUIREMENTS)

In the event your project bid exceeds $50,000.00 State of Oregon BOIL Prevailing Wage rates would be required for this

Project. If required, the Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates, as outlined in Sections C.1, C.2, and C.2.3 of the State of Oregon General Conditions for Public

Improvement Contracts dated January 1, 2012.

PROJECT COMPLETION DATES:

PROJECT START DATE: 10 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 30 calendar days from issuance of Notice to Proceed

FINAL COMPLETION: 40 calendar days from issuance of Notice to Proceed

PLEASE NOTE THE FOLLOWING:

1. OFFEROR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE CONTENTS OF THIS SOLICITATION. PLEASE READ

AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE SUBMITTING YOUR OFFER.

2. THE RESULTING CONTRACT HAS THE POTENTIAL TO EXCEED $25,000.00 AND IS FEDERALLY FUNDED:

☒ YES ☐ NO

IF YES, OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:

1. PROVIDE A UNIQUE ENTITY IDENTIFIER (“UEI”) NUMBER ON YOUR OFFER:

IF YOU NEED TO OBTAIN A UEI NUMBER PLEASE GO TO THE FOLLOWING WEBSITE VIA THE LINK PROVIDED:

http://sam.gov/content/duns-uei

2. EXCLUDED PARTIES LIST (“EPLS”) SEARCH COMPLETED BY OMD:

RFQ 269996C001 Page 3 of 31 RFQ version 1/21/25

THE APPARENT SUCCESSFUL OFFEROR MUST BE CLEARED (“NO RESULTS” ON THE SEARCH) THROUGH THE

EPLS SYSTEM TO BE ALLOWED TO RECEIVE A FEDERALLY FUNDED CONTRACT. FOR INFORMATION

CONCERNING EPLS YOU MAY ACCESS THE WEBSITE VIA THE LINK PROVIDED:

https://www.sam.gov/portal/SAM#1

PRE-BID CONFERENCE:

MANDATORY PRE-BID CONFERENCE

A mandatory pre-bid conference will be held on April 14, 2026 at 10:00am (PT), located at Salem Armory/ Auditorium 2310

17th St. NE Salem OR 97301

Any statements made at this conference will not change the Plans, Specifications or other Contract Documents unless an

Addendum has been issued from OMD and posted on OregonBuys.

BIDDERS OR THEIR AUTHORIZED REPRESENTATIVE ARE REQUIRED TO ATTEND THIS MANDATORY PRE-

BID CONFERENCE AND REGISTER ON THE OFFICIAL SIGN IN SHEET. BIDS WILL ONLY BE EVALUATED

FROM BIDDERS WHO ARE IN COMPLIANCE WITH THIS REQUIREMENT. ALL OTHER BIDS WILL BE

CONSIDERED NON-RESPONSIVE.

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

CONFERENCE DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE AND MUST REGISTER ON THE

OFFICIAL SIGN IN SHEET. BIDS FROM BIDDERS WHO DO NOT COMPLY WITH THESE ATTENDANCE

REQUIREMENTS WILL BE REJECTED AS NON-RESPONSIVE.

ADDITIONAL SITE ACCESS:

There will be NO additional site access for Bidders to view site conditions.

SECURITY REQUIREMENTS FOR FACILITY ACCESS:

OMD facilities require valid government issued photo ID for all individuals wanting access to OMD facilities. Security personnel are prohibited from accepting non-compliant identification. Bidders are responsible for providing appropriate valid photo identification. OMD is not responsible for

Bidders who are turned away for not having proper identification.

DEFINITIONS

Together with the Definitions found in Exhibit 8 Section A.1 of the General Conditions for Public Improvement Contracts, the following definitions apply to this ITB and the resulting Contract.

“Addendum” or “Addenda” (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 Offerors in accordance with OAR 137-049-0250(2).

The plural form of “Addendum” is “Addenda”.

“Agency” or “Owner” means the Oregon Military Department (“OMD”).

“Bid” (referred to as “Quote” in OregonBuys) means the Offeror’s Written offer submitted in response to the ITB, including all necessary attachments and information require to be submitted prior to award. 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”.

“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.

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

“Opening” means the date and time set to read the Bid submittals.

“OregonBuys” means the on-line electronic Automated Oregon Procurement System administered by the State’s Department of Administrative

Services. The OregonBuys System website is located at: www.OregonBuys.gov.

"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”) Chapter 84. [Drafting Note: if an asbestos license was required and “Oregon

Revised Statutes” was defined as “ORS” in Section A.1, this text should be revised to simply read ORS.]

“State” means the State of Oregon https://www.sam.gov/portal/SAM#1

RFQ 269996C001 Page 4 of 31 RFQ version 1/21/25

B“Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend 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. For Sections A through C of this ITB, unless a hard copy is specified as required, email will satisfy a Written/In Writing requirement

OREGONBUYS / RFQ DOCUMENT AVAILABILITY

REGISTRATION REQUIREMENT: This RFQ is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue

“Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance. Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. OMD shall not be responsible for defective registration or incorrect vendor information.

Explanation of Terms used in OregonBuys.

• “Amendment” means “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment

• “Available Date” RFQ issue date for this RFQ in OregonBuys.

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

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

OregonBuys

• “Change Order” means A formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order

• “Master Blanket Purchase Order” (“MBPO”) means Any form of parent contract/agreement (i.e. price agreement, on-call contract, etc.)

that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

• “Purchase Order” means Any form of project-specific contract (not awarded under an existing MBPO)

• “Quote” means Any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price Proposals, or any other type of offer required by a Bid Solicitation

• “Release Requisition” means any form of ordering instrument used under an MBPO; i.e. Purchase Order, Work Order Contract.

• “Vendor” means any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter

Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

OBTAINING RFQ DOCUMENTS: This RFQ, RFQ attachments and any Addenda and notices (“Amendments”) may be downloaded from the

OregonBuys eProcurement system at: https://oregonbuys.gov/bso. Contact the Purchaser identified in OregonBuys for this RFQ if unable to access solicitation documents via OregonBuys.

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

Bidder shall provide required information on the forms specified in this RFQ. Any information Bidder submits that is not required to be included on forms prescribed by this RFQ must be formatted in the manner called for in this RFQ and submitted on Bidder’s letterhead.

Bidder shall not make the Bid contingent upon the OMD’s acceptance of Specifications, Plans or Contract terms that conflict with or are in addition to those advertised in this RFQ. Bidder must select “Yes” on the Terms & Conditions tab in OregonBuys or the Bid will be rejected.

RFQ ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within this RFQ, this RFQ incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this RFQ, including but not limited to:

• Details entered in the Header Information section;

All RFQ Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and Information, if any, entered in the “Questions” and “Item Information” sections

SOLICITATION LAW, RULES AND GENERAL CONDITIONS

This RFQ 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 Oregon Revised Statues (https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx), and Chapter 137, Divisions 046 and

049 of the Administrative Rules of the Oregon Department of Justice (https://secure.sos.state.or.us/oard/ruleSearch.action). The RFQ and resulting

Contract may be subject to other laws and rules. Offerors should obtain and become acquainted with the applicable provisions of the above laws and rules.

In addition to the foregoing, this solicitation and the Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC

IMPROVEMENT CONTRACTS ("General Conditions") dated January 1, 2012, which are incorporated by reference. See Exhibit 2.

REQUEST FOR INFORMATION; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR

APPROVED EQUAL, SOLICITATION PROTEST

PROCEDURE

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

RFQ 269996C001 Page 5 of 31 RFQ version 1/21/25

The appropriate means of seeking clarifications or modifications to provisions of an RFQ are through (i) requests for approval of an

“equal” or “equivalent” brand; (ii) requests for clarification; (iii) formal submittal of requests for changes to contractual terms or

Specifications or Plans; and (iv) formal submittal of protests of contractual terms or Specifications or Plans. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed non-responsive and may be rejected.

METHOD OF SUBMITTING REQUESTS AND SOLICITATION PROTESTS

Requests for brand approval, requests for substitution, requests for clarification, requests for change, and Bid protests must be made in

Writing via email and be submitted to the POC identified in the RFQ.

The subject line of the requests must contain the type of request: (Request for Approved Equal, /Request for Clarification, Request for

Change, or Solicitation Protest) as well as the OregonBuys Number and ITB Number.

DEADLINE FOR SUBMISSION:

Requests must be received by the POC by April 17, 2026 by 3:00 PM. Unless this specific deadline is extended by subsequent

Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally-issued RFQ will be considered after the date specified herein. Late or faxed requests will not be considered.

REQUEST FOR APPROVAL OF AN “EQUAL” OR AN “EQUIVALENT” BRAND

Offerors shall provide that product unless another is approved through a request for approval of an “equal” or an “equivalent” brand, or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

Requests must be made in accordance with this section.

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

• Failure to provide sufficient information with the request will be cause for the request not to be considered as equivalent.

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

OregonBuys.

REQUEST FOR CLARIFICATION

Any Offeror that finds discrepancies in, or omissions from any provision of the RFQ, Plans, Specifications, or Contract Documents, or has doubt as to the meaning, may make a request for clarification or information in accordance with this section. Offeror’s failure to advise OMD of a need for clarification as set forth herein will constitute notice that Offeror is fully satisfied with the existing site conditions and the RFQ provisions and that it intends to perform its obligations with no impediments to the Work.

REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS

Any Offeror may submit a request for changes to contractual terms, Plans, or Specifications, in accordance with this section. The request must include the proposed changes, reason for requested changes, and be supported by factual documentation.

PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS

Any Offeror who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, in accordance with this section. The protest must include the legal and factual grounds for the protest, a description of the resulting prejudice to the Offeror if the protest is not granted, and any proposed changes.

RESPONSE TO REQUESTS FOR CLARIFICATION

Clarifications, whether verbal, in Writing, or included in an Addendum as a “clarification,” do not change Plans, Specifications, contractual terms, or procurement requirements of the RFQ. If a request for clarification raises an issue that OMD determines should be handled by formally amending the RFQ, OMD will do so only by announcing such a change in an Addendum posted on

OregonBuys, not through information identified as “clarification.”

RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR CHANGE AND SOLICITATION PROTESTS

OMD will promptly respond to each properly submitted Written request for brand approval, request for change, and solicitation protest. Where appropriate, OMD will issue RFQ revisions via Addenda posted on OregonBuys.

INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS CONTRACTUAL

TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY

OMD AND POSTED ON OREGONBUYS

RFQ 269996C001 Page 6 of 31 RFQ version 1/21/25

OFFER SUBMISSION

Bidders may submit their bids via email, common carrier, or in person. All bids must be addressed to the single point of contact listed in this RFQ. Faxed bids will not be accepted. All bids must be received by the date and time listed on the cover page of the RFQ.

Late bids may be deemed nonresponsive and given no further consideration.

TIME FOR OFFER ACCEPTANCE

An Offeror’s Offer is a firm Offer, irrevocable, valid and binding on the Offeror for not less than sixty (60) calendar days after the

Closing date of the RFQ. OMD may request that Offerors extend, in Writing, the time during which OMD may consider their Offers.

If an Offeror agrees to such extension, the Offer shall continue as a firm Offer, irrevocable, valid and binding on the Offeror for the agreed-upon extension period.

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

COMMENCEMENT OF WORK

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

INSURANCE

The apparent successful Offeror shall provide all required proofs of insurance to OMD within seven (7) calendar days. Failure to present the required documents within this period may result in Offer rejection. Offerors are encouraged to consult their insurance agents(s) about the insurance requirements as identified in Section G.3 of the General Conditions for Public Improvement Contracts in

Exhibit 6 and the Supplemental General Conditions in Exhibit 7 prior to Offer submission.

Offerors must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities, acceptable to State, that are allowed to provide such insurance under Oregon law. Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to transact insurance business in the State of Oregon, and certain non-admitted surplus lines insurers that satisfy the requirements of applicable

Oregon law and are approved by OMD. OMD’s approval will be based on its assessment of the non-admitted surplus lines insurer and the suitability of surplus lines insurance for this particular procurement.

RFQ 269996C001 Page 7 of 31 RFQ version 1/21/25

State of Oregon - Oregon Military Department

PUBLIC WORKS PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

EXHIBIT 1

269996C001

PRICING SUBMITTAL FORM

PRICING SUMITTAL INSTRUCTIONS:

Offerors must enter pricing and other required information for all Bid Items listed in this Pricing Submittal Form. If this Pricing

Submittal Form is replaced by Addendum, Offerors must use the Addendum form to provide pricing and other required information. If the Pricing submittal Form is only modified by Addendum, Offerors must follow the instructions in the Addendum for making modifications to the Pricing Submittal Form. Failure to supply the required information in the Pricing Submittal Form or subsequent

Addenda may request in Bid rejection as non-responsive.

BASE BID: To include all work described in the RFQ, Plans, Specifications, and any issued Addenda.

BASE BID – LUMP SUM: $

BIDDER INFORMATION

COMPANY NAME:

ADDRESS:

ADDRESS:

AUTHORIZED REPRESENTATIVE NAME: TITLE:

SIGNATURE: DATE:

EMAIL ADDRESS:

CONTACT PHONE: CELL:

CCB NUMBER: Expiration Date:

UEI NUMBER: FEIN:

RFQ 269996C001 Page 8 of 31 RFQ version 1/21/25

PUBLIC WORKS PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

SAMPLE

Public Improvement Agreement Form

COPIES OF THIS PUBLIC IMPROVEMENT AGREEMENT FORM WILL BE SENT TO THE INTENDED AWARDEE

(CONTRACTOR) BY OMD AT THE TIME OF THE STATE’S INTENT-TO-AWARD ANNOUNCEMENT. THE

BLANKS IN THIS SAMPLE WILL BE BILLED IN BY OMD. THE INTENDED AWARDEE WILL THEN COMPLETE

AND SIGN THE AGREEMENT. AFTER ALL REQUIREMENTS ARE MET, THE STATE WILL THEN SIGN THE

PUBLIC IMPROVEMENT AGREEMENT FORM AND SEND A FULLY EXECUTED PUBLIC IMPROVEMENT

AGREEMENT TO THE CONTRACTOR ALONG WITH THE NOTICE TO PROCEED. (Remove language in final contract)

STATE OF OREGON

PUBLIC IMPROVEMENT AGREEMENT

for

(Insert Project Name)

(Insert Contract Number)

This Agreement for the (Insert Project Name) (the “Agreement”), made by and between the State of Oregon, acting by and through the Oregon Military Department, hereinafter called OWNER, and (Insert Contractor’s Legal Name) hereinafter called the

CONTRACTOR (collectively the “Parties”), is effective on the date this Agreement has been signed by all the Parties and all required

State of Oregon governmental approvals have been obtained. Unless otherwise defined in the Invitation to Bid or in this Agreement, the capitalized term used herein are defined in Section A.1 of the State of Oregon General Conditions for Public Improvement

Contracts.

1. Contract Price.

The CONTRACTOR, in consideration of the sum of (Insert Price) (the “Contract Price”), to be paid to the CONTRACTOR by

OWNER in the manner and at the time hereinafter provided, and subject to the terms and conditions provided for in the Invitation to

Bid, this Public Improvement Agreement and other Contract Documents, all of which are incorporated herein by reference, whether or not physically attached to this Agreement, included via weblink, or provided electronically in the ITB advertisement, hereby agrees to perform all Work described and reasonably inferred from the Contract Documents.

The Contract Price includes the following items:

Base Bid $0000000000

* The Contract Price includes the amount of $XXXXXX for Owner’s Contingency, which is entirely within the Owner’s control and discretion and shall only be used with Owner’s written approval. Any amounts not used shall accrue to Owner and Contractor shall have no claim to such amounts.

2. Representatives.

Unless otherwise specified in the Contract Departments, the OWNER designates (Insert Name), as its Authorized Representative in the administration of this contract. The above-named individual shall be the initial point of contact for matters related to performance, payment, authorization, and is authorized to carry out the responsibility of the OWNER. CONTRACTOR has named (Insert Name) its Authorized Representative to act on its behalf.

3. Contract Dates.

PROJECT START DATE: 10 calendar days from issuance of Notice to Proceed.

RFQ 269996C001 Page 9 of 31 RFQ version 1/21/25

SUBSTANTIAL COMPLETION: 30 calendar days from issuance of Notice to Proceed

FINAL COMPLETION: 40 calendar days from issuance of Notice to Proceed

4. Prevailing Wage Rates. (RESERVE IF NOT APPLICABLE) This Agreement is subject to the BOLI following prevailing wage rates and apprenticeship rates (and any applicable amendments) as of the date the project was first advertised, which while not physically attached, are available in the following weblinks and incorporated herein by reference with the same force and effect as though fully set forth herein:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts in effect as of [insert date of advertisement]. [Drafting Note: the rates in effect when the ITB is first advertised will apply.], available at:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

The work will take place in Marion County,

5. Liquidated Damages. RESERVED

6. Certifications.

a) Prevention of Sexual Harassment, Sexual Assault and Discrimination.

Contractor certifies, in accordance with ORS 279A.112, that it has in place a written policy and practice of preventing sexual harassment, sexual assault and discrimination against employees who are members of a “protected class,” as that term is defined by subsection (1)(b) of ORS 279A.112. As a material term and condition of this Agreement, Contractor must maintain, throughout the duration of this Agreement, a policy and practice that complies with ORS 279A.112, including but not limited to, giving employees written notice of the Contractor’s policy and practice.

b) Prohibition of Non-Discrimination in Subcontracting Laws (ORS 279A.110)

Contractor certifies that it has not discriminated and will not discriminate against any disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or business that a veteran owns, in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification.

c) Debt. Contractor certifies that Contractor has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State.

d) Subcontractors. Contractor certifies that, unless superseded by federal law, all subcontractors performing Work described in

ORS 701.005(2) (i.e., construction Work) will be registered with the Construction Contractors Board or licensed by the State

Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence Work under the Contract.

e) Workforce and Outreach Requirements (ORS 279C.533). Contractor agrees to be bound by and comply with all applicable workforce, outreach, and reporting requirements pursuant to ORS 279C.533, as prescribed in the Contract Documents (see

Exhibit 9).

7. Integration.

THE CONTRACT DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN

WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR HE SPECIFIC PURPOSE GIVEN. THERE ARE NO

OTHER UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL AND WRITTEN, NOT SPECIFIED HEREIN

REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED

REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS CONTRACT, UNDERSTANDS IT, AND

AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

8. Exhibits and Attachments.

EXHIBIT 1 RESERVED

EXHIBIT 2 COMPLETED PRICING SUBMITTAL FORM

EXHIBIT 3 RESERVED

EXHIBIT 4 RESERVED

EXHIBIT 5 RESERVED

EXHIBIT 6 RESERVED

EXHIBIT 7 RESERVED

EXHIBIT 8 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT

CONTRACTS

EXHIBIT 9 SUPPLEMENTAL GENERAL CONDITIONS

EXHIBIT 10 FEDERAL PROVISIONS (MCA GT&C)

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

RFQ 269996C001 Page 10 of 31 RFQ version 1/21/25

ATTACHMENTS

ATTACHMENT A STATEMENT OF WORK

The Parties agree that signatures showing on PDF documents, including but not limited to PDF copies of the Agreement and amendments, submitted or exchanged via email are "Electronic Signatures" under ORS Chapter 84 and bind the signing Party and are intended to be and can be relied upon by the Parties. OMD reserves the right at any time to require the submission of the hard copy originals of any documents.

CONTRACTOR INFORMATION:

CONTRACTOR NAME:

CONTRACTOR ADDRESS:

CONTRACTOR’S OREGON CCB #: EXP. DATE:

CONTRACTOR’S UEI #: FEIN# :

CONTRACTOR’S SIGNATURE:

Date

CONTRACTOR’S PRINTED NAME: TITLE

State of Oregon by and through the OREGON MILITARY DEPARTMENT

(Insert Name), Contract Administrator Date

(Insert Title)

RFQ 269996C001 Page 11 of 31 RFQ version 1/21/25

Public Improvement Agreement

EXHIBIT 2

PRICING SUBMITTAL FORM

[CONTRACTOR’S COMPLETED PRICING SUBMITTAL FORM TO BE INSERTED HERE]

RFQ 269996C001 Page 12 of 31 RFQ version 1/21/25

EXHIBIT 5

PERFORMANCE BOND

RESERVED

RFQ 269996C001 Page 13 of 31 RFQ version 1/21/25

EXHIBIT 6

PAYMENT BOND

RESERVED

RFQ 269996C001 Page 14 of 31 RFQ version 1/21/25

EXHIBIT 8

State of Oregon General Conditions for Public Improvement Contracts

JANUARY 1, 2012

The General Conditions are available online at http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf. and are incorporated by this reference into this ITB with the same force and effect as though fully set forth herein.

http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf

RFQ 269996C001 Page 15 of 31 RFQ version 1/21/25

EXHIBIT 9

Supplemental General Conditions

The following Supplemental General Conditions (“SGC”) modify the State of Oregon General Conditions for Public Improvement

Contracts, January1, 2012 Edition (the “General Conditions”) for this Contract. Where a portion of the General Conditions is modified by these Supplemental General Conditions, the unaltered portions shall remain in effect.

SGC-1 Add the following definitions to Section A.1 Definition of Terms:

ON-SITE WORK, means any Work taking place on the Project Site, including designated staging areas adjacent to the Project

Site, except for installation of covered temporary signs according to Section 00225 of the Oregon Standard Specifications for

Construction.

PROJECT SITE, means the geographical dimensions of the real property on which the Work is to be performed, including designated contiguous staging areas.

PROPOSAL REQUEST (“PR”), as initiated by Owner, means a written request by Owner to Contractor to quote a change to the Contract Price or Contract Period, or both, caused by a proposed change to the Contract Documents. As initiated by

Contractor, PR means a written request by Contractor to the Owner’s Authorized Representative proposing a change to Contract

Documents accompanied by a quotation for change to the Contract Price or Contract Period, or both.

REQUEST FOR INFORMATION (“RFI”), means a written request submitted by Contractor to the Owner’s Authorized

Representative on a standard form requesting interpretation of Contract Documents. An RFI may only be used as a vehicle for confirming or verifying an issue through an interpretation of the Contract Documents when the Contractor is unable to determine from the Contract Documents the material, process, system, or Work to be installed; responses that result in change to Contract Documents and adjustment to the Contract Price or Contract Period must be documented in a written Amendment.

SGC-2 Add the following after A.3.4 under INTERPRETATION OF CONTRACT DOCUMENTS:

A.3.5 The characterization of provisions of the Contract as material provisions or the failure to comply with certain provisions as a material breach of the Contract shall in no way be construed to mean that any other provisions of the Contract are not material or that failure to comply with any other provisions is not a material breach of the Contract.

A.3.6 Should any Plans or Specifications provided by the Owner, that Contractor is required to utilize for any aspect of the

Work, fail to particularly describe the materials, kind of goods, or details of construction, Contractor shall inquire of the Owner as to what is required, prior to utilization of the Plans and Specifications in performing the affected Work. Absent Owner-supplied Specifications to the contrary, the materials, construction methods, and processes that would normally be used by the

Contractor to produce first-quality finished Work are considered a part of the Contract requirements.

A.3.7 Electronic Signatures. Contractor and Owner agree that signatures showing on PDF documents, including but not limited to PDF copies of the Contract, bonds, Change Orders and amendments, submitted or received via email, when submittal or receipt in that manner is required or allowed by Owner are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties. Owner reserves the right at any time to require

Contractor to deliver the hard copy originals of any documents.

SGC-3 Section B.2 CONTRACTOR’S MEANS AND METHODS; MITIGATION OF IMPACTS Subsection B.2.1 is revised to read as follows:

B.2.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.

Any increased cost or time resulting from means and methods which were the basis of Contractor’s bid and the resulting

Contract Price that are infeasible due to site conditions (other than concealed conditions beyond the control of

Contractor), shall be the sole responsibility of the Contractor. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite

RFQ 269996C001 Page 16 of 31 RFQ version 1/21/25 safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures.

SGC-4 Add the following at the end of Section B.3 MATERIALS AND WORKMANSHIP:

B.3.6 Material requiring weighing to be weighed by scale. Allowable scales with Engineer’s approval are commercial vehicle weigh scales, plant automatic weight batching and mixing control printer system, or plant weight hopper printer system.

Pay Items to be measured by weight shall include all Contractor costs for furnishing appropriate weight tickets and transporting

Materials to the scales or to check weighing.

The scales shall conform to ORS 618, and NIST Handbook 44, and shall be:

• Licensed by the Oregon Department of Agriculture;

• Technically suitable for weighing the Materials;

• Properly installed and maintained; and

• Accurate to the required tolerances.

The Owner may periodically have a representative at the scales to observe the weighing procedures.

SGC-5 Add the following to the end of Section B.4 PERMITS:

“Permits and licenses” include all submittals and fees required by any jurisdiction as a condition of their approval to construct the project for its intended purpose as described in the solicitation document and Contract. The Contractor shall pursue permits expeditiously in order to begin the Project in accordance with the approved schedule and NTP. The Owner shall bear no cost related to delays caused by the permit process and will only consider an extension of Contract time pursuant to D.2.1.2

SGC-6 Revise Section B.5 COMPLIANCE WITH GOVERNMENT LAWS AND REGULATIONS as follows:

Add the following to the end of Section B.5.1:

All rights and remedies available to Owner under applicable federal, state and local laws are also incorporated by reference herein and are cumulative with all rights and remedies under the Contract.

Delete Section B.5.2(a) and replace with the following:

(a) Pursuant to ORS 279A.110, Contractor shall not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business, in the awarding of subcontracts.

Add the following Section B.5.2(c):

(c) Respecting certification as a disadvantaged business enterprise, minority-owned business, woman-owned business, a veteran-owned business or an emerging small business under ORS 200.055, as and when applicable, the Contactor shall maintain the certifications and require in its subcontracts that subcontractors maintain the certifications required by ORS

279A.107. Owner may require Contractor to terminate a subcontract with a subcontractor that fails to maintain its certification under ORS 200.055 throughout the term of the subcontract and any extensions.

Add the following Section B.5.2(d):

(c) It is a material term of the Contract that the Contractor certifies by entering into the Contract that Contractor has a written policy and practice that meets the requirements described in ORS 279A.112 for preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class and that the Contractor shall maintain the policy and practice in force during the entire term of the Contract.

Delete Section B.5.6 and replace with the following:

B.5.6 Contractor shall comply with all Oregon Tax Laws, consistent with the Contractor’s Certificate of Compliance with Tax

Laws and the Contractor’s warranty that the Contractor has complied with the Oregon Tax Laws. Any violation of the

Contractor’s Certificate of Compliance or warranty will constitute a material breach of the Contract.

Add the following Section B.5.7:

RFQ 269996C001 Page 17 of 31 RFQ version 1/21/25

B.5.7 Failure to comply with any or all of the requirements of B.5.1 through B.5.6 shall be a material breach of Contract entitling the Owner to pursue and recover any and all of its available remedies at law or in equity that arise from the breach, including, but not limited to, recovery of damages, the termination of the Contract, and the exercise of the right of setoff, garnishment if applicable and the withholding of amounts otherwise due and owing to the Contractor without penalty. Damages or costs resulting from such non-compliance shall be the responsibility of the Contractor.

SGC-7 Delete Section B.6 SUPERINTENDENCE in its entirety and replace with the following:

B.6 SUPERINTENDENCE, WEEKLY REPORTS, AND PROJECT MEETINGS

B.6.1 SUPERINTENDENCE. Contractor shall keep on the site, during the progress of the Work, a competent superintendent and any necessary assistants who shall be satisfactory to the Owner and who shall represent the

Contractor on the site. Directions given to the superintendent by the Owner's Authorized Representative shall be confirmed in writing to the Contractor.

B.6.2 SUPERVISORS WEEKLY STATUS REPORT. Effective the date of Project Start Date and continuing through Final

Acceptance of the Project, Contractor shall submit a Supervisors Weekly Status Report by the close of business every Friday.

The report shall consist of all work completed during the previous week and what work shall be completed the following week.

The report shall be broken out into a day by day basis format and shall include photos documenting the work performed and shall include before, during and after images. If no work was done during that week or is to be completed the following week, then the report shall show no work was done and reasonings to why no work was or is to be completed.

The weekly status report shall include the most current RFI log, most current Submittal Log, most current ASI Log, Change

Order Request Log, and Issue Log.

All reports shall be delivered in PDF format via email, approved share drive, or printed hard copy.

B.6.3 PROJECT MEETINGS. Throughout the Project, Contactor shall conduct project meetings as directed by Owner’s

Representative. Contractor shall record and provide meeting notes to all stakeholders, Architect/Engineer, subcontractors, and other attendees as applicable. The meeting notes shall be distributed no later than 72 hours after the project meeting. Meeting notes shall include, but not limited to:

Proper Heading, all attendees, agency, phone numbers and email addresses, Schedule Updates, Information Items, New Action

Items, Unresolved Action Items from prior meeting (s), Action Items Resolved at Prior meetings, most current schedule including all Critical Path.

SGC-8 Revise Section B.7 INSPECTION as follows:

Replace Section B.7.3 under B.7 INSPECTION with the following:

B.7 Contractor shall make or obtain at the appropriate time all tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction.

The Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity retained by the Owner, or with the appropriate public authority. The Owner shall furnish and pay for special testing and inspection required by the authorities having jurisdiction. Owner will not pay from such tests resulting from the Contractor’s deficiencies, shop fabrication or means and methods. The Contractor shall be responsible for any and all inspection costs resulting from the Contractor’s acceleration of the construction schedule.

Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the

Work. The Contractor shall coordinate with and give the Owner’s Authorized Representative timely notice of when and where tests and inspections are to be made so that the Owner’s Authorized Representative may be present for such procedures.

Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Owner’s Authorized Representative.

Add the following as the first sentence of B.7.5:

Before cover of completed work including any backfill to trenches or holes, the installation of interior or exterior sheathing, or placing of concrete, the Contractor must notify the Owner’s representative no less than three (3) working days in advance to allow for pre-cover inspection.

SGC-9 Revise Section B.9 ACCESS TO RECORDS as follows:

RFQ 269996C001 Page 18 of 31 RFQ version 1/21/25

Revise Section B.9.2 by deleting the last sentence as shown below:

B.9.2 Contractor shall retain, and the Owner and its duly authorized representatives shall have access to, for a period not less than ten (10) years, all Record Documents, financial and accounting records, and other books, documents, papers and records of Contractor which are pertinent to the Contract including records pertaining to Overhead and indirect costs, for the purpose of making audit, examination, excerpts and transcripts.

Add the following Section B.9.3:

B.9.3If any part of the Contract is involved in any dispute under any theory, Contractor shall retain all such records until all disputes are resolved, regardless of the 10-year period stated in B.9.2. The Owner or its agents shall continue to be provided full access to the records during all disputes.

SGC-10 Delete Section B.15 GOVERNING LAW in its entirety and replace with the following:

B.15 GOVERNING LAW. This ITB and resulting Contract shall be governed by and construed and enforced in accordance with the laws of the State of Oregon without regard to principles of conflicts of laws.

SGC-11 Replace Section B.16 LITIGATION with the following:

B.16 DISPUTES

Any Claim or dispute between Owner and Contractor that arises from or relates to this Contract regardless of legal theory, and that is not resolved through the Claims Review Process in Section D.3 shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim or dispute must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the

District of Oregon. In no event shall this section be construed as a waiver by the State of Oregon on any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the

Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. CONTRACTOR BY

EXECUTION OF THIS CONTRACT HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS

REFERENCED IN THIS SECTION B.16.

SGC-12 Replace General Conditions Section B.18.7 with the following:

B.18.7 In the event that Owner elects not to have the obligations and duties described under this Section B.18 performed by the Architect/Engineer, or in the event no Architect/Engineer is employed by Owner on the project, all obligations and duties assigned to the Architect/Engineer hereunder shall be performed by the Owner's Project Manager

SGC-13 Replace Section B.19 SUBSTITUTIONS with the following:

B.19 SUBSTITUTIONS

B19.1 The Contractor may make Substitutions only with the consent of the Owner, after evaluation by the Owner’s Authorized

Representative and only in accordance with a Change Order. Substitutions shall be subject to the requirements of the bid documents. By making requests for Substitutions, the Contractor represents that the Contractor has personally investigated the proposed substitute product; certifies that the proposed product will meet the requirements of the specified product for quality, utility, durability, function, appearance, and purpose unless approved otherwise; represents that the Contractor will provide the same warranty for the Substitution that the Contractor would for the specified product unless approved otherwise; certifies that the cost data presented is complete and includes all related costs under this Contract including redesign costs, and waives all claims for additional costs related to the Substitution which subsequently become apparent; and will coordinate the installation of the accepted Substitution, making such changes as may be required for the Work to be completed in all respects.

B.19.2 The consent of the Owner to a Substitution shall not absolve the Contractor of sole liability related to the proposed product’s failure to meet the minimum requirements of the Specifications or the standard set by the specified product, for bu t not limited to, quality, utility, durability, function, appearance, and purpose.

SGC-14 Add the following at the end of Section C.5 HOURS OF LABOR:

Compliance with ORS 279C.520 also includes:

RFQ 269996C001 Page 19 of 31 RFQ version 1/21/25

(a) As required by ORS 279C.520, the Contractor must comply with the prohibitions set forth in ORS 652.220, and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a “protected class.” For purposes of this provision, a “protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability or age. Contractor’s failure to comply with these requirements is a breach of the Contract that entitles the Owner to terminate the Contract for cause.

(b) Compliance with ORS 279C.520 includes, but is not limited to, not prohibiting employees from discussing wages, salaries, benefits and other compensation, and compliance with the wage related prohibitions in ORS 652.220. Compliance with

ORS 279C.520 and ORS 652.220 is a material element of the Contract, and Contractor’s failure to comply is a breach of the Contract that entitles the contracting agency to terminate the Contract for cause.

SGC-15 Add the following after Section D.3 CLAIMS REVIEW PROCESS

D.4 FALSE CLAIMS (OREGON FALSE CLAIMS ACT)

D.4.1 Contractor understands and acknowledges it is subject to the Oregon False Claims Act (ORS 180.750 to 180.785) and to any liabilities or penalties associated with the making of a false claim under that Act. By its execution of the Contract, Contractor certifies the truthfulness, completeness, and accuracy of any statement or claim it has made, it makes, it may make, or cause to be made that pertains to the Contract or the Project for which the services are being performed, including but not limited to Contractor’s statement of proposal and any invoices, reports, or other deliverables.

D.4.2. Contractor shall immediately disclose (in writing) to Owner whenever, in connection with the award, performance or closeout of the Contract, or any subcontract thereunder, Contractor has credible evidence that a principal, employee, agent, or subcontractor of Contractor has committed—

(i) A violation of the Oregon False Claims Act; or

(ii) A violation of State or Federal criminal or civil law involving fraud, conflict of interest, bribery, gratuity or similar misconduct.

D.4.3. Contractor must include subsections D.4.1 and D.4.2 of this section in each subcontract Contractor may award in connection with the performance of the Contract. In doing so, Contractor may not modify the terms of those subsections, except to identify the subcontractors or sub grantee that will be subject to those provisions.

SGC-16 Delete Section E.2.2 of Application for Payment in its entirety and replace with the following:

Contractor shall…