RFQ S-24800-00008493 CR B7315 HVAC Rpl.docx

State of Oregon

Oregon Military Department

PUBLIC WORKS / PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

(“RFQ”)

OregonBuys Bid # S-24800-00008493

CAMP RILEA BUILDING 7315

HVAC REPLACEMENT

PROJECT # 249995C001

QUOTES MUST BE RECEIVED BY

November 16, 2023, at 2:00 PM (PT)

PROJECT SUMMARY

RFQ PURPOSE:

The purpose of the RFQ is to establish a State of Oregon Public Works / Public Improvement Contract for Camp Rilea Building 7315 HVAC Replacement 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:

This project will consist of replacing the existing Heat Pump, Cased Upflow Indoor Coil and Furnace with a new packaged HVAC system sized comparable to the existing units in Building 7315.

Agency anticipates the award of one (1) Contract from this solicitation.

Contract award will be made to the responsible Offeror whose response represents the lowest price technically acceptable offer.

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:

Corey Brech, Contract Specialist Oregon Military Department (“OMD”) Camp Rilea 91204 Rilea Oregon Rd Warrenton, OR 97146

Phone: (971) 355-4656 Email: corey.brech@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) ☐ 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, BOIL 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:

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:

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 October 31, 2023, at 9:00 A.M. (PT), located at:

Camp Rilea Armed Forces Training Center Building 7315 33168 Patriot Way Warrenton, OR 97146 Offerors that plan to attend are encouraged to notify the SPC by email or phone by October 25, 2023, at 3:00pm (PT).

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.

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 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”.

“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” 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.

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

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 3:00 P.M. (Pacific Time) on November 7, 2023. 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

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 page 1 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 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 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.

State of Oregon - Oregon Military Department

PUBLIC WORKS PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

EXHIBIT 1

RFQ S-24800-00008493

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 result 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:

State of Oregon - Oregon Military Department

PUBLIC WORKS PUBLIC IMPROVEMENT

REQUEST FOR QUOTE

SAMPLE

Public Improvement Agreement Form

STATE OF OREGON

PUBLIC IMPROVEMENT AGREEMENT

for Camp Rilea Building 7315 HVAC Replacement Project

Contract No. 249995C001

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 Request for Quote (“RFQ”) No. (Insert #), 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

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, 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.

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 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.

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.

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 SIGNATURE:

State of Oregon by and through the OREGON MILITARY DEPARTMENT

Henry Idica – Camp Rilea Training Site Manager, Contract Administrator Date

State of Oregon - Oregon Military Department

PUBLIC WORKS PUBLIC IMPROVEMENT AGREEMENT

EXHIBIT 1

PRICING SUBMITTAL FORM

CONTRACTORS SUBMITTED PRICING SUBMITTAL FORM WILL BE INSERTED HERE

PUBLIC WORKS PUBLIC IMPROVEMENT AGREEMENT

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.

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.

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”

1. 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.”

1. 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.”

1. 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.”

1. 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.”

1. 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:

“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.”

1. 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.”

1. 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.”

1. 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.”

1. 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.

1. 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.”

1. 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—

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.”

1. 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.”

1. 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:

1. to be paid amounts which would otherwise have been retained from progress…