RFQ Boiler Inspections 23-006Q final for posting.pdf

RFQ 23-006Q Page 1 of 29 RFQ version 8-16-22

State of Oregon

Oregon Military Department

PUBLIC WORKS / PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

(“RFQ”)

PORTLAND AIR NATIONAL GUARD (“PANG”)

Solicitation # 23-006Q

BOILER INSPECTIONS IN VARIOUS BUILDINGS

QUOTES MUST BE RECEIVED BY

18 April 2023 @ 2:00pm PT

RFQ 23-006Q Page 2 of 29 RFQ version 8-16-22

PROJECT SUMMARY

RFQ PURPOSE:

The purpose of the RFQ is to establish a State of Oregon Public Works / Public Improvement Contract for Annual Tune-Up and inspection of boilers at various buildings located at Portland Air National Guard (“PANG”) base 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:

Location: 6801 NE Cornfoot Road, Portland, OR 97218 – various buildings

Project includes the following:

1. General examination of 17 Unfired Pressure Vessels (UPV) and associated equipment (Using applicable inspection standards such as the Steel Talk Institutes SP-001 along with MFG Specs)

2. Unfired Pressure Vessel ancillary equipment inspection (including pressure relief valves, venting, manways, flanges, gate valves, and safety equipment)

3. AF form 1222 shall be filled out for each vessel along with a list of discrepancies.

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

Work.

Contractor shall perform all work Monday through Friday only, during the hours of 06:30 am to 4:00 pm.

ALL WORK UNDER THIS CONTRACT SHALL BE COMPLETED NO LATER THAN SEPTEMBER 30, 2023.

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:

Angelika Corbin Trump, Contract Specialist

Oregon Military Department (OMD)

6801 NE Cornfoot Road

Portland, Oregon 97218

Office: 503-335-4169 angelika.corbin_trump@us.af.mil

OREGON CCB REQUIREMENTS

Before starting Work the Contractor must file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836 and OAR 839-025-0015, unless otherwise exempt under those provisions. The

Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the

Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond before permitting the Subcontractor to start Work.

OREGON PREVAILING WAGE RATES (BOLI REQUIREMENTS) ☐ Required ☒ Not required

OMD cost estimates for this project are below BOLI requirements OF $50,000.00. In the event your project bid exceeds this amount, BOLI 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.

mailto:angelika.corbin_trump@us.af.mil

RFQ 23-006Q Page 3 of 29 RFQ version 8-16-22

PROJECT COMPLETION DATES:

PROJECT START DATE: 30 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 60 calendar days from issuance of Notice to Proceed

FINAL COMPLETION: 90 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 DATA UNIVERSAL NUMBERING SYSTEM (“DUNS”) NUMBER ON YOUR OFFER:

IF YOU NEED TO OBTAIN A DUNS NUMBER PLEASE GO TO THE FOLLOWING WEBSITE VIA THE LINK

PROVIDED BELOW:

http://fedgov.dnb.com/webform

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

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 BELOW:

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

PRE-BID CONFERENCE:

There will be no pre-bid conference for this project. Bidders may request a walk-through with Tod Hyland via email at tod.hyland@us.af.mil or by calling his cell phone at 541-740-9914.

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

Addendum has been issued from OMD and posted on OregonBuys.

REQUEST FOR INFORMATION (RFI):

Questions from Bidders prior to the due date shall be addressed and in writing to the POC Angelika Corbin Trump at angelika.corbin_trump@us.af.mil

RFI’s shall be submitted no later than April 10, 2023 at 10:00 am (PT) and will be answered in writing in an Addendum to all bidders.

ADDITIONAL SITE ACCESS:

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

SECURITY REQUIREMENTS FOR FACILITY ACCESS:

All OMD facilities are governed by REAL ID compliance regulations (https://www.dhs.gov/real-id). Security personnel are prohibited from accepting driver’s licenses or ID cards from non-compliant states. Valid Photo identification in compliance with the REAL-ID compliance regulations is required for all individuals wanting access to OMD facilities.

Bidders are responsible for providing appropriate valid identification. OMD is not responsible for Bidders who are turned away for not having proper identification.

DEFINITIONS

Together with the Definitions found in Exhibit 6 Section A.1 of the General Conditions for Public Improvement Contracts, the following definitions apply to this RFQ 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 RFQ. 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”.

http://fedgov.dnb.com/webform https://www.sam.gov/portal/SAM#1 mailto:tod.hyland@us.af.mil https://www.dhs.gov/real-id

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

“Bid” means the Offeror’s Written offer submitted in response to the RFQ, 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 RFQ. Bidder also means

“Offeror”.

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

“DAS” means the Oregon Department of Administrative Services, acting through Enterprise Goods and Services Division, Procurement Services.

“Offer” means the Offeror’s Written offer submitted in response to the RFQ, including all necessary attachments and information require to be submitted prior to award. Offer also means “Bid”.

“Offeror” means an individual, organization or representative of an organization that submits a Bid in response to an RFQ. Offeror also means

“Bidder”.

“OregonBuys” or 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.

“Quote" means the Offeror's written offer submitted in response to the RFQ, including all necessary attachments and information required to be submitted prior to award. Quote also means "Offer" or “Bid”.

"Request for Quote" or "RFQ" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting

Quotes.

“State” means the State of Oregon

“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. 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.

http://www.oregonbuys.gov/

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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 Oregon Military Department (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.

OFFER SUBMISSION

Bidders may submit their bids electronically via email to angelika.corbin_trump@us.af.mil, common carrier, or in person.

Faxed bids will NOT be accepted. All bids must be addressed to the single point of contact listed in this RFQ and shall reference the contract number and project title. All bids must be received by the date and time listed on page 1 of the RFQ.

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

Bidders are responsible to verify that their electronic offer was submitted successfully to the POC listed herein.

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 fourteen (14) 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 2 and the Supplemental General Conditions in Exhibit 3 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 procurement.

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

RFQ 23-006Q Page 6 of 29 RFQ version 8-16-22

State of Oregon - Oregon Military Department

PUBLIC WORKS/ PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

EXHIBIT 1

23-006Q

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 for PANG Boiler List: $ __________________________

BASE BID FOR PANG UPV LIST: $ __________________________

TOTAL LUMP SUM: $

BIDDER INFORMATION

COMPANY NAME:

ADDRESS:

ADDRESS:

AUTHORIZED REPRESENTATIVE NAME: TITLE:

SIGNATURE: DATE:

EMAIL ADDRESS:

CONTACT PHONE: CELL:

CCB NUMBER: Expiration Date:

DUNS NUMBER: FEIN:

RFQ 23-006Q Page 7 of 29 RFQ version 8-16-22

PUBLIC WORKS/ PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

SAMPLE

Public Improvement Agreement Form

STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT

for

Annual Tune-Up and inspection of boilers at various buildings located at Portland Air National Guard (“PANG”) base

Contract Number 23-006Q

This Agreement for the above referenced project (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 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.

WITNESSETH:

1. Contract Price, Contract Documents and Work.

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, hereby agrees to perform all Work described and reasonably inferred from the Contract Documents.

The Contract Price includes the following items: (Insert Items)

CONTRACTOR shall perform the Work for the Contract Price pursuant to Invitation to Bid No. referenced above, all Addenda thereto, CONTRACTOR’S response to the RFQ, and the following Exhibits and Attachments which are incorporated herein by this reference, whether or not physically attached to this Agreement, included via weblink, or provided electronically in the RFQ advertisement:

EXHIBITS

RFQ EXHIBIT 1 PRICING SUBMITTAL FORM

RFQ EXHIBIT 2 GENERAL CONDITIONS

RFQ EXHIBIT 3 SUPPLEMENTAL GENERAL CONDITIONS

RFQ EXHIBIT4 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST

ATTACHMENTS

ATTACHMENT A STATEMENT OF WORK

ATTACHMENTS INCORPORATED FROM WEBSITES:

State of Oregon General Provisions 2012 for Public Improvement http://www.oregon.gov/das/Procurement/Guiddoc/GenCon4PI.pdf.

Prevailing wage rates:

BOLI Prevailing Wage Rates for Public Works Contracts in Oregon http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

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, http://www.oregon.gov/boli/WHD/PWR/Pages/pwr_state.aspx

RFQ 23-006Q Page 8 of 29 RFQ version 8-16-22 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: 30 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 60 calendar days from issuance of Notice to Proceed

FINAL COMPLETION: 90 calendar days from issuance of Notice to Proceed

4. Liquidated Damages. RESERVED

5. Certification – Non-Discrimination.

Contractor certified, in accordance with House Bill 3060 (2017) Oregon Laws, Chapter 212 (“HB 3060”) as codified in 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 2(1)(b) of HB 3060 and 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 HB 3060., including but not limited to, giving employees written notice of the Contractor’s policy and practice.

6. Certification – Debt.

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

7. Pay Equity compliance.

As required by ORS 279B.235 or ORS 279C.520, as applicable, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected Class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract/Price Agreement and a failure to comply constitutes a breach that entitles Agency to terminate this Contract/Price Agreement for cause.

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

8. 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 THE 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.

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The parties agree that by the exchange of this Agreement electronically, each has agreed to the use of electronic means. By inserting an electronic signature below, I acknowledge that this is by signature, that I intend to execute this Agreement and that my electronic signature should be given full force and effect to create a valid and legally binding contract.

In witness whereof, the STATE OF OREGON, acting by and through the Oregon Military Department, executes this Agreement and the CONTRACTOR does execute the same as of the day and year of this Agreement first above written.

CONTRACTOR INFORMATION:

CONTRACTOR NAME:

CONTRACTOR ADDRESS:

CONTRACTOR’S CCB #: EXP. DATE:

CONTRACTOR’S DUNS #: FEIN #

CONTRACTOR’S PHONE#: EMAIL:

CONTRACTOR’S SIGNATURE:

Date

CONTRACTOR’S PRINTED NAME: TITLE

State of Oregon by and through the OREGON MILITARY DEPARTMENT

Sean McCormick, Deputy Chief of State Affairs

Designated Procurement Officer/Contract Administrator Date

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PUBLIC WORKS/PUBLIC IMPROVEMENT AGREEMENT

EXHIBIT 1

PRICING SUBMITTAL FORM

CONTRACTORS SUBMITTED PRICING SUBMITTAL FORM WILL BE INSERTED HERE

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EXHIBIT 2

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 if not physically attached, are incorporated by this reference into this RFQ with the same force and effect as though fully set forth herein.

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

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EXHIBIT 3

Supplemental General Conditions

SECTION 1 - STATE OF OREGON SUPPLEMENTAL GENERAL CONDITIONS

The following 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 To Section A.1, “Definition Of Terms”, make the following changes:

Replace the definition of Architect/Engineer” with the following:

ARCHITECT/ENGINEER means the person whom Owner may appoint to undertake certain duties under the Contract. Since Design/Builder is providing design services under the Contract, Owner has not employed an Architect/Engineer to perform those design services. However, Owner may employ an

Architect/Engineer to perform other duties described in the General Conditions, including contract administration and project management, or Owner may employ the Owner’s Authorized Representative to perform those duties in lieu of an Architect/Engineer, in accordance with Subsection B.18.7 of the General

Conditions.

Add the following sentence to the end of the definition of “Contractor”:

“Contractor”, “Design-Build Contractor”, “Design-Builder”, and “DBC” are used interchangeably in the Contract Documents.

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:

Unless otherwise specifically defined in the Contract Documents, words which have well-known technical meanings or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Contract Documents are intended to be complementary. Whatever is called for in one, is interpreted to be called for in all. However, in the event of conflicts or discrepancies among the Contract Documents, interpretations will be based on the “Enumeration of Contract Documents and Order of Precedence” provisions of Article 12 of the Design-Build Agreement.

“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 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:

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• 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-4 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.”

SGC-5 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 business that a service-disabled veteran owns or an emerging small business, in the awarding of subcontracts.”

Add the following Section B.5.2(c):

“(c) Compliance with ORS 279C.520 also includes:

(i) As required by ORS 279C.520, the Contractor must comply with ORS 652.220 and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. The Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Owner to terminate this Contract for cause.

(ii) The Contractor shall not prohibit any of its employees from discussing the employee’s rate of wage, salary, benefits and other compensation with another employee or another person, and shall not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person.”

Add the following Section B.5.2(d):

“(d) Respecting certification as a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns 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.”

Add the following Section B.5.2(e):

“(e) 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 (HB 3060, 2017) 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:

Executive Order 21-29 (“EO 21-29”) Compliance. Contractor shall comply with EO 21-29. Contractor certifies that for the term of the Contract or the duration of EO 21-29, whichever expires or terminates first, that with respect to (if any) in-person meetings or other activities at indoor premises controlled or operated by Agency or by any other Oregon Executive Branch agency, all of the Contractor’s Workers that participate in such in-person indoor meetings or other activities and all Workers of Subcontractors that participate in such in-person indoor meetings or other activities are or at the time of such participation will be fully vaccinated for COVID-19 , unless an exception applies under paragraph 6 of EO 21-29. The Contractor shall maintain records of Proof of Vaccination or permitted exceptions under EO 21-29. The Contractor shall provide written certification or proof, or both, of its compliance with EO 21-29 upon request of the Agency. The Agency may require use of certification forms available from the Agency. See EO 21-29 for applicable definitions, available at https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf

Add the following Section B.5.8:

“B.5.8 Failure to comply with any or all of the requirements of B.5.1 through B.5.7 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-6 Revise Section B.7.3 under B.7 INSPECTION as follows:

Replace the second sentence of Section B.7.3, beginning: “Unless otherwise provided…” with the following sentence:

https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf

RFQ 23-006Q Page 14 of 29 RFQ version 8-16-22

“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 governing jurisdictions and not 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.”

SGC-7 Revise Section B.9 ACCESS TO RECORDS as follows:

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-8 Delete Section B.15 GOVERNING LAW in its entirety and replace with the following:

“B.15 GOVERNING LAW. This RFQ 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-9 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-10 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 Authorized Representative. For Design-Build contracts, Owner shall review submittals. Owner’s’ review means submittals are reviewed by the Owner for compliance and issues are noted to facilitate a revision and resubmitting. An issuance of “No Exception” is typically issued, allowing the Design/Builder to have the item ordered and installed. It is the responsibility of the Design/Builder to substantiate the production to the performance requirements of the Contract.

SGC-11 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 but not limited to, quality, utility, durability, function, appearance, and purpose.”

SGC-12 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.

http://www.leg.state.or.us/ors/180.html

RFQ 23-006Q Page 15 of 29 RFQ version 8-16-22

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-13 Add a new subsection to Section E.2.4 as subsection (i) and existing subsections (g) and (h) of Section E.2.4 are re-numbered and revised to read as follows:

“(g) failure to carry out the Work in accordance with the Contract Documents;

(h) assessment of liquidated damages, when withholding is made for offset purposes; or

(i) The Contractor having liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon.”

SGC-14 Delete Section E.5 RETAINAGE in its entirety and replaced with the following:

“E.5 RETAINAGE

E.5.1 Retainage, if withheld, shall be withheld and released in accordance with ORS 279C.550 to 279C.580.

E.5.1.1 Owner reserves the right in its sole discretion to withhold or to not withhold retainage from progress payments or to begin withholding retainage at any time. If Owner withholds retainage from progress payments the amount to be retained will not exceed five percent of the payment. Upon written application by the Contractor, including written approval of Contractor's surety, Owner may reduce the amount of the retainage and may eliminate retainage on any remaining progress payments after 50 percent of the Work under the Contract is completed if, in the Owner's opinion, such Work is progressing satisfactorily. Upon receipt of written application by the Contractor, Owner shall respond in writing within a reasonable time. When the Work is 97-1/2 percent completed, the Owner may, at its discretion and without application by the Contractor, reduce the retained amount to 100 percent of the value of the Work remaining to be done.

E.5.1.2 Notwithstanding E.5.1.4, for a contract of $500,000 or less, if retainage is withheld and the Contractor requests that the Owner deposit the retainage in an interest-bearing account under ORS 279C.560(5), the Owner will use an interest-bearing account (in a bank, savings bank, trust company or savings association) as provided under ORS 279C.560(5). The Owner may recover from Contractor any additional costs incurred through such election by reducing Contractor's final payment.

E.5.1.3 Notwithstanding E.5.1.4, for a contract over $500,000, if retainage is withheld, the Owner will deposit the retainage in an interest-bearing escrow account as required by ORS 279C.570(2).

The Contractor shall execute such documentation and instructions respecting the interest-bearing escrow account as the Owner may require to protect its interests, including but not limited to a provision that no funds may be paid from the account to anyone without the Owner’s advance written authorization.

E.5.1.4 In accordance with the provisions of ORS 279C.560and any applicable administrative rules, the Contractor may request alternative forms of retainage. Unless the Owner finds in writing that accepting bonds, securities or other instruments described in option (a) below or a security bond described in option (b) below poses an extraordinary risk that is not typically associated with the bond, security or instrument, the Owner will approve the Contractor’s written request:

(a) to be paid amounts which would otherwise have been retained from progress payments where Contractor has deposited acceptable bonds, securities or other instruments of equal value with Owner or in a custodial account or other mutually-agreed account satisfactory to Owner, with an approved bank or trust company to be held in lieu of the cash retainage for the benefit of Owner. Interest or earnings on the bonds, securities or other instruments shall accrue to the Contractor. To be permissible the bonds, securities and other instruments must be of a character approved by the Director of the Oregon Department of Administrative Services, including but not limited to:

(i) Bills, certificates, notes or bonds of the United States.

(ii) Other obligations of the United States or agencies of the United States.

(iii) Obligations of a corporation wholly owned by the federal government.

(iv) Indebtedness of the Federal National Mortgage Association.

(v) General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon.

(vi) Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008; or

The Contractor shall execute and provide such documentation and instructions respecting the bonds, securities and other instruments as the Owner may require to protect its interests.

(b) that the Contractor be allowed, with the approval of the Owner, to deposit a surety bond for the benefit of Owner, in a form acceptable to Owner, in lieu of all or a portion of funds retained, or to be retained. Such bond and any proceeds therefrom shall be made subject to all claims and liens in the manner and priority as set forth for retainage under ORS 279C.550 to ORS 279C.625.

Where the Owner has accepted the Contractor's election of option (a) or (b) above, Owner may recover from Contractor any additional costs incurred through such election by reducing Contractor's final payment. Where the Owner has agreed to Contractor's request to deposit a surety bond under option (b), Contractor shall accept like bonds from Subcontractors and suppliers on the project from which Contractor has required retainage.

E.5.1.5 In accordance with the provisions of ORS 279C.560, if the Owner accepts bonds, securities or other instruments deposited as provided in paragraph (a) of subsection E.5.1.4, the Owner shall reduce the moneys held as retainage in an amount equal to the value of the bonds, securities and other instruments and pay the amount of the reduction to the Contractor in accordance with ORS 279C.570.

E.5.1.6 The retainage held by Owner shall be included in and paid to the Contractor as part of the final payment of the Contract Price. The Owner shall pay to Contractor interest at the rate of one and one-half percent per month on the final payment due Contractor, interest to commence thirty (30) Days after the Work under the Contract has been completed and accepted and…