S-44300-00010048 Seclusion Room Renovation ITB.pdf

5642/vy ITB# S-44300-00010048 1 ITB Template Effective 12/01/2021

State of Oregon

Invitation to Bid

OregonBuys Bid Number S-44300-00010048

Seclusion Room Renovation Oregon State Hospital, Junction City

Bid Opening: Monday, April 15, 2024, 2:00 P.M. (PST) Bid Closing: Thursday, May 16, 3:00 P.M. (PST)

PURCHASER/SINGLE POINT OF CONTACT:

See “Purchaser” and “Info Contact” for this Invitation to Bid (“ITB”) in OregonBuys. This person is the only point of contact or “Single Point of Contact” (“SPC”) for this ITB. Any questions or issues that may arise regarding this ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues must be directed to the Purchaser/SPC:

Vanessa Ytteroy Procurement & Contract Specialist 3

Vanessa.K.Ytteroy@odhsoha.oregon.gov 500 Summer St. NE, E03 Salem OR 97301(971) 428-7297

Notes:

• This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. Bids must be submitted through the OregonBuys system. See ITB section C.0.4. – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

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

mailto:Vanessa.K.Ytteroy@odhsoha.oregon.gov https://oregonbuys.gov/bso/

5642/vy ITB# S-44300-00010048 2 ITB Template Effective 12/01/2021

SECTION A - TABLE OF CONTENTS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS; INSTRUCTIONS TO

BIDDERS

SECTION D BID SECURITY REQUIREMENTS

SECTION E BUREAU OF LABOR AND INDUSTRIES (“BOLI”) PREVAILING WAGE RATE REQUIREMENTS

SECTION F FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

SECTION G CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION

REQUIREMENTS; ASBESTOS ABATEMENT LICENSING REQUIREMENTS; and JOINT VENTURE -

PARTNERSHIP REQUIREMENTS

SECTION H ADDENDA ACKNOWLEDGMENT

SECTION I RESPONSIBILITY INQUIRY / CONTRACTOR REFERENCES

SECTION J RECYCLED PRODUCTS

SECTION K RESIDENCY INFORMATION

SECTION L CERTIFICATION OF COMPLIANCE WITH TAX LAWS

SECTION M CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS:

SECTION N CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION

SECTION O SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE

EXHIBIT 1 PRICING SUBMITTAL FORM

EXHIBIT 2 BID SECURITY FORM

EXHIBIT 3 PERFORMANCE BOND FORM

EXHIBIT 4 PAYMENT BOND FORM

EXHIBIT 5 SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 6 GENERAL CONDITIONS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

EXHIBIT 8 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST & PROJECT SUBSTANTIAL COMPLETION

NOTICE FORM

ATTACHMENT A SPECIFICATIONS, Project Manual, Seclusion Room Renovation, dated August 12, 2022

ATTACHMENT B PLANS, Seclusion Room Renovation, OSH—Junction City, 100% CD, dated September 15, ITB ATTACHMENTS: Attachments to this ITB are posted in OregonBuys. Bidder is responsible for completing and returning any page(s) in any Attachment(s) requiring a response.

5642/vy ITB# S-44300-00010048 3 ITB Template Effective 12/01/2021

SECTION B – DEFINITIONS

B.0 DEFINITIONS: Together with the Definitions found in Section A.1 of the General Conditions, the following definitions apply to this ITB and the resulting Contract.

B.0.1 "Addendum” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Bidders in accordance with OAR 137-049-0250(2). The plural form of “Addendum” is “Addenda.”

B.0.2 “OHA” means Oregon Health Authority, the “Agency”.

B.0.3 "Bid" (referred to as “Quote” in OregonBuys) means the Bidder's written Bid submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

B.0.4 "Bidder" means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means "Offeror”.

B.0.5 "Closing" (referred to as “Bid Opening Date” in OregonBuys) means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

B.0.6 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.0.7 "Opening" means the date and time Bids are due (also referred to as “Closing Date”).

B.0.8 OregonBuys means the on-line electronic Oregon Automated Procurement System administered by the Department of Administrative Services (DAS). The OregonBuys System website is located at: https://oregonbuys.gov/bso/

B.0.9 "Plan Center" means organizations and business locations where Bidders may view, download or purchase copies of all documents relating to the ITB.

B.0.10 “Signature” means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature’ under ORS Chapter 84.

B.0.11 "State" means the State of Oregon.

B.0.13 “Signature” means to write one's name to confirm assent, responsibility, or obligation, either by hand using ink or by electronic means that constitute an “electronic signature” under ORS Chapter 84.

B.0.14 "State" means the State of Oregon.

B.0.15 “Work” means the furnishing of all services, materials, equipment, labor and incidentals necessary to successfully complete any individual item or the entire Contract and the carrying out and completion of all duties and obligations imposed by the Contract.

B.0.16 “Writing” means letters, characters and symbols inscribed on paper by hand or in electronic form, print, type or other method of impression, intended to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.

https://oregonbuys.gov/bso/

5642/vy ITB# S-44300-00010048 4 ITB Template Effective 12/01/2021

SECTION C - GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS; INSTRUCTIONS TO BIDDERS

C.0 GENERAL BIDDING INFORMATION; OREGONBUYS

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

C.0.1 SUBMITTALS VIA OREGONBUYS.

Bidder must be a registered Vendor in OregonBuys (see Section C.0.4.1).

Bidder shall select the “Confidential” checkbox in OregonBuys when uploading any files required in response to this ITB.

Bidder shall complete and submit via OregonBuys the items identified in section C.4.4 of this ITB, in accordance with all instructions in this ITB, no later than the Bid Opening Date specified in OregonBuys for this ITB (submittals by any other means shall be rejected).

C.0.2 Reserved

C.0.3 ELECTRONIC BID PROVISIONS

C.0.3.1 Bidders shall make reasonable efforts to minimize the file size of attachments so the total submittal does not exceed 5 megabytes

C.0.3.2 OHA reserves the right to reject any Bid that is unreadable. OHA reserves the right to request that the apparent successful Bidder promptly submit its complete original signed Bid to OHA, to confirm the apparent successful Bidder’s Bid submitted through OregonBuys.

C.0.3.3 In the event of a failure of the State’s Electronic Procurement System or email system that interferes with the ability to submit electronic Bids, to submit a protest or to otherwise participate in the procurement, OHA may cancel the procurement or may extend the date and time of receipt of electronic Bids by providing notice of the extension immediately after the Electronic Procurement System or email system becomes available.

C.0.3.4 By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with OHA that any Signature, and other forms of authorized representative certification, showing on documents and submitted via OregonBuys or email is an “Electronic Signature” under ORS Chapter 84, bind the signing party, and are intended to be and can be relied upon by the parties.

C.0.4. OREGONBUYS

C.0.4.1 REGISTRATION REQUIREMENT: 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.

OHA shall not be responsible for defective registration or incorrect vendor information.

https://oregonbuys.gov/bso https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf

5642/vy ITB# S-44300-00010048 5 ITB Template Effective 12/01/2021

C.0.4.2 CROSSWALK of TERMS

Terms used in OregonBuys Definition

Amendment “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.

Bid Opening Date “Closing” as defined in OAR 137-046-0110(6). In OregonBuys it is the date and time deadline for submitting Bids and other documents required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137-046-0110(22) will immediately occur.

Bid Solicitation Any form of solicitation. In this solicitation, an Invitation to Bid. Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal amendment to an existing resulting contract that is made according to the change order process set forth in the contract.

Vendor (also referred to as “Supplier”)

Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

C.0.4.3 ITB ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within this ITB, this ITB incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this ITB, including but not limited to:

• Details entered in the Header Information section;

• All ITB Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

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

C.0.5 GENERAL BIDDING INFORMATION

C.0.5.1 OBTAINING ITB DOCUMENTS: This ITB, any ITB attachments and any Addenda and related notices (collectively the “Amendments”) may be downloaded from the OregonBuys eProcurement system at: https://oregonbuys.gov/bso. Bidders should contact the Purchaser identified in OregonBuys for this ITB if they are unable to access solicitation documents via OregonBuys.

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

[CONTINUTED ON NEXT PAGE]

https://oregonbuys.gov/bso/ https://oregonbuys.gov/ https://oregonbuys.gov/bso

5642/vy ITB# S-44300-00010048 6 ITB Template Effective 12/01/2021

C.0.6 INTRODUCTION, ITB PURPOSE; PROJECT COST ESTIMATE; KEY PROJECT DATES; GENERAL PROJECT

DESCRIPTION:

The Oregon Health Authority is issuing this Invitation to Bid (ITB) pursuant to ORS 413.033.

The purpose of this ITB is to select a qualified, licensed, contractor to renovate two interior rooms, on two floors at Oregon State Hospital, Junction City, into a three- room seclusion suite, including an ante room and toilet room on the first and second floors.

General Project Description:

The scope of the Project includes, but is not limited to, the following*:

1. Selective Demolition

2. Carpentry

3. Architectural Casework

4. Metal framing, Gypsum Board, Paint, Flooring, Insulation

5. Shower and Toilet Accessories, Wall Protection

6. Thermal and Moisture Protection

7. Doors and Windows

8. Mechanical Support

9. Fire Suppression System

10. Plumbing - Water Distribution System

11. Heating Ventilating and Air Conditioning (HVAC)

12. Electrical and lighting

13. Communications Systems

14. Access Control, Safety and Security Systems

*Please refer to Plans (Attachment B) and Specifications (Attachment A) for full list of products and scope of work.

The work to be performed under this Contract includes all labor, materials, transportation, equipment, permits, and services for and incidental to the completion of all construction work in connection with the Project described in the Contract Documents, including, but not limited to, Attachment A - Specifications and Attachment B – Plans.

Should any of the Specifications conflict with the terms of this ITB, including requirements regarding submittals prior to bid opening and bid period requirements, the terms and conditions included in this ITB document shall control. Further, should any of the Specifications conflict with the General Conditions (as modified by the Supplemental General Conditions), the General Conditions shall prevail. In addition, any references to “CM/GC” in the Specifications shall be understood to mean Contractor, and any reference to State of Oregon Contractor Contract 182502 shall be disregarded. Items not indicated in the Specifications or Plans that can be legitimately and reasonably inferred to complete the Work must be furnished by the Contractor as though it were detailed therein.

PROJECT COST ESTIMATE:

The following range is a Project estimate for bonding purposes: $1,100,000.00.

KEY PROJECT DATES:

PROJECT START DATE: 14 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 90 calendar days from issuance of Notice to Proceed.

FINAL COMPLETION: 120 calendar days from Issuance of Notice to Proceed.

Liquidated damages will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (See Exhibit 5, Section 4).

ADDITIONAL PROJECT DESCRIPTION: The scope of the Project includes, but may not be limited to, the following:

Interior renovation of two existing rooms (located on the first and second floors) into one, three room Seclusion Room Suite (located on the third floor). The new suite will include a seclusion room, bathroom, and an ante/observation room.

The pre-existing rooms on floors 1 and 2, are below a pre-existing seclusion room suite on floor 3 and match the layout of the third-floor suite. No changes to use, square footage or type of construction are required.

5642/vy ITB# S-44300-00010048 7 ITB Template Effective 12/01/2021

C.1 INSTRUCTIONS TO BIDDERS

C.1.0 MANDATORY PRE-BID WALK-THROUGH:

C.1.0.1 A mandatory pre-bid walk-through will be held on Thursday May 2, 2024 at 1:00 P.M. (Pacific) located at 29398 Recovery Way, Junction City, OR 97448. Bidders must confirm participation with the SPC listed on page 1 of this ITB via email prior to the day of the mandatory pre-bid walk through. Prospective bidders will meet Project Manager Joel Turner at the Main Entry reception area to register before entrance. Photos may only be taken at OHA’s discretion.

C.1.0.2 Any statements made at this conference will not change the Plans, Specifications, other Contract Documents or other provisions/requirements of this ITB unless an Addendum has been issued from OHA and advertised on the OregonBuys System.

BIDDERS ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID WALK-THROUGH, DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS WILL ONLY BE EVALUATED FROM BIDDERS WHO REGISTERED AND ATTENDED THE MANDATORY PRE-BID WALK-

THROUGH, AND ALL OTHER BIDS WILL BE CONSIDERED NON-RESPONSIVE.

C.1.0.3 SITE ACCESS: Additional site access after the mandatory pre-bid walkthrough is restricted.

C.1.1 POINT(S) OF CONTACT:

C.1.1.1 The Purchaser/SPC for questions regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues that may arise, is Vanessa Ytteroy via email at Vanessa.K.Ytteroy@odhsoha.oregon.gov

C.1.1.2 The contact point for requests for brand approval, or substitution requests is the same as above.

C.1.2 ENGINEER AND CONSULTANT INFORMATION:

The following is a list of any engineers and consultants used on this project. This list is for informational purposes only. Prospective bidders are prohibited from contacting the engineers and consultants during the solicitation process, unless otherwise authorized in this

ITB.

SRG Partnership Inc.

C.1.3 INVITATION TO BID DOCUMENT AVAILABILITY:

C.1.3.1 ITBs, ADDENDA AND ATTACHMENTS: ITBs, including all Addenda and most attachments, are posted on OregonBuys as part of the solicitation document and will not be mailed to prospective Bidders. Bidders without access to OregonBuys may order hardcopies at a Plan Center.

C.1.3.2 ATTACHMENTS: In some cases, exhibits and attachments cannot be viewed or downloaded through OregonBuys. In these cases, the solicitation will include instructions on how to obtain these documents.

C.1.3.3 HARD COPY DOCUMENT FEES: Bidders may order hardcopies of the ITB from the Plan Centers listed in Section C.1.5. OHA is not responsible for which Plan Centers and vendors participate. Bidders who obtain documents through Plan Centers or other vendors are responsible for ensuring they have all addenda. Costs for these documents and any associated delivery costs are as quoted by the Plan Center or vendor selected by the Bidder and all costs of these documents are at Bidder’s expense. Terms of payment are as stipulated by the Plan Center or vendor and are not regulated by the State. OHA is not responsible for Plan Center or vendor customer services policies.

C.1.3.4 ADDENDA: Addenda (“Amendments” in OregonBuys) are incorporated with the original solicitation as an attachment and can be viewed and downloaded by registered suppliers. Bidders should consult the OregonBuys System regularly until the Bid Opening Date to avoid missing any Addenda.

mailto:Vanessa.K.Ytteroy@odhsoha.oregon.gov

5642/vy ITB# S-44300-00010048 8 ITB Template Effective 12/01/2021

C.1.4 BID HOLDERS LIST: To be included on the Bid Holders List, interested parties must be registered on OregonBuys. Suppliers can register on Oregon Buys at: OregonBuys.gov. Interested parties included on the Bid Holders List have downloaded and acknowledged the Bid. Interested parties who have registered their company on OregonBuys are responsible for maintaining and updating correct company information. The State of Oregon assumes no responsibility for the content of the interested parties’ information on OregonBuys.

C.1.5 PLAN CENTERS: The ITB document, Plans, Specifications, and any other solicitation documents may be examined at a Plan Center noted below:

NOTE: OFFERORS WHO OBTAIN ITB DOCUMENTS, PLANS AND SPECIFICATIONS FROM PLAN CENTERS WILL NOT APPEAR ON THE BID HOLDERS LIST. See Section C.1.4.

OR - REGION 5

Baker County Chamber & Visitors Center, 490 Campbell St., Baker City, OR 97814 Central Oregon Builders Exchange, 1902 NE 4th St. Bend, OR. 97701 Daily Journal of Commerce Plan Center, 921 SW Washington St., Ste. 210 Portland, OR 97205 Eugene Builder's Exchange, 2460 W 11th Street Eugene, OR 97402 Hermiston Plan Center, 1565 N. 1st Street, Suite 8A, Hermiston, OR 97838 La Grande-Union County Chamber of Commerce, Plan Review Center, 102 Elm Street, La Grande, OR 97850

McGraw Hill Construction Dodge, 3461 NW Yeon, Portland, OR 97210 OAME, 4134 N. Vancouver Ave Portland, OR 97217 Oregon Contractor Plan Center, 14625 E 82nd Dr. 212, Clackamas, OR 97015 Walla Walla Blue Mountain Plan Center, P.O. Box 644, Walla Walla, WA 99362 Wallowa Resources, PO Box 274, 114 NW 1St, Enterprise, OR 97828

C.1.6 TRADE SECRETS:

Any information Bidder submits in response to the ITB that Bidder considers a trade secret under Oregon Revised Statutes (“ORS”)

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

C.1.7 SOLICITATION LAW, RULES AND GENERAL CONDITIONS:

This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the ORS, and Divisions 46 and 049 of the Model Public Contracting Rules of the Oregon Department of Justice.

The ITB and resulting Contract may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.7.1 OREGON REVISED STATUTES (ORS Chapters 279A and 279C) - Can be obtained from Legislative Counsel Committee, S101 State Capitol, Salem, OR 97310-0630. Phone (503) 378-8146, or online at:

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

C.1.7.2 OREGON DEPARTMENT OF JUSTICE MODEL RULES – (OAR Chapter 137, Divisions 046 and 049) - Can be obtained from the Department of Administrative Services, 1225 Ferry Street SE U140, Salem, OR 97301-4285. Phone (503) 378-4642 or online at:

https://secure.sos.state.or.us/oard/displayChapterRules.action?selectedChapter=93

C.1.7.3 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, as modified by the Supplemental General Conditions, which are attached as Exhibit 6 and Exhibit 7, respectively, and incorporated by this reference into this ITB and the Sample Public Improvement Contract form (attached as Exhibit 5).

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

5642/vy ITB# S-44300-00010048 9 ITB Template Effective 12/01/2021

C.1.7.4 COMMITMENT TO DIVERSITY, EQUITY AND INCLUSION

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

C.1.8 BRAND NAME USAGE:

C.1.8.1 BRAND NAME: Any brand name listed in the specifications without an "or equal" "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the brand named is not mandated pursuant to a brand name exemption.

C.1.8.2 BRAND NAME "OR EQUAL": Any brand name listed in the specifications with an "or equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used during construction of the project as long as they are equal to or better than the product brand named, and the proposed product has been approved in writing by the Owner’s Authorized Representative prior to installation, and the brand named is not mandated pursuant to a brand name exemption.

The Owner’s Authorized Representative shall determine, in its sole discretion, whether a product offered is "or equal".

C.1.8.3 BRAND NAME "OR APPROVED EQUAL": Any brand name listed in the specifications with an "or approved equal" or an “or approved equivalent” designation shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the product has been pre-approved in writing during the bidding process detailed in Section C.2, and the brand named is not mandated pursuant to a brand name exemption. OHA shall determine, in its sole discretion, whether a product offered is an "approved equal" or “approved equivalent.”

C.2 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR BRAND NAME

/PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (a) requests for approval of an "or approved equal" or an "or approved equivalent"; (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms or Specifications or Plans; and (d) 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.

C.2.2 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS AND SOLICITATION PROTESTS:

Requests for brand approval, requests for substitution, requests for clarification, requests for change, and protests of the ITB provisions shall be made in in writing via email to the SPC listed on page 1 and include:

• Purpose: (Question, Brand Approval/Request for Substitution, Request for Clarification, Request Change, Protest of ITB Provisions)

• ITB Number S-44300-00010048

• Bid Opening Date (closing date) Thursday, May 16, 2024, at 3:00 P.M. (Pacific)

• Requests must be received by SPC no later than 3:00 PM (Pacific time) on Thursday, May 9, 2024.

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 ITB will be considered after the date specified herein.

5642/vy ITB# S-44300-00010048 10 ITB Template Effective 12/01/2021

C.2.3 REQUEST FOR APPROVAL OF AN "APPROVED EQUAL" OR AN "APPROVED EQUIVALENT": Pursuant to Section C.1.8.3, Bidders shall provide the specified product unless another is approved through a request for approval of an "approved equal" or an "approved equivalent, 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 shall be made in Writing and be submitted via email to the name of the Point of Contact under C.1.1.2 of this ITB document. To be considered, the request for changes must be received by the deadline specified in C.2.2.

• Requests shall provide all the information necessary for the State to determine product acceptability, including and if applicable referencing the applicable Specification section;

• Failure to provide sufficient information with the request shall be cause for the request not to be considered as equivalent; and

• Any product subsequently approved for substitution shall be listed on an Addendum issued by OHA and posted on OregonBuys.

C.2.4 REQUEST FOR CLARIFICATION: Any Bidder that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents or has doubt as to the meaning, shall make a request for clarification in writing via email to the contact point listed in Section C.1.1.1. To be considered, the request for clarification must be received by the Purchaser/SPC by the deadline specified in Section C.2.2.

C.2.5 REQUEST FOR CHANGES TO CONTRACTUAL TERMS, SPECIFICATIONS, OR PLANS: Any Bidder may submit a request for changes to contractual terms, Plans, or Specifications, in writing via email to the contact point listed in Section C.1.1.1. To be considered, the request for changes must be received by the Purchaser/SPC by the deadline specified in Section C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 PROTEST OF CONTRACTUAL TERMS, PLANS, OR SPECIFICATIONS: Any Bidder who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, in writing via email to the contact point listed in Section C.1.1.1. To be considered, the protest must be received by the Purchaser/SPC by the deadline specified in Section C.2.2. The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and any proposed changes.

C.2.7 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in Writing, do not change Plans, Specifications, contractual terms, or procurement requirements of this ITB. However, if a request for clarification raises an issue which OHA determines should be handled by formally amending this ITB, OHA will do so only by announcing such a change in an Addendum, not through information identified as a "clarification."

C.2.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE AND PROTESTS: OHA shall promptly respond to each properly submitted written request for brand approval, request for substitution, request for change, and protest. Where appropriate, OHA will issue ITB revisions via Addenda posted on the OregonBuys System. OHA may also informally respond to Bidder questions.

HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THIS ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY OHA AND POSTED ON THE OregonBuys

SYSTEM.

OHA may post question and answer documents on OregonBuys to respond to inquiries when OHA determines, in its sole discretion, the answers do not effect changes to this ITB.

C.3 REQUEST FOR CLARIFICATION, REQUEST FOR CHANGE, AND PROTEST OF ADDENDA

Requests for clarification, requests for change, and protests of Addenda must be received by the time and date specified in the Addendum or they will not be considered. OHA will not consider requests or protests of matters not added or modified by each specific Addendum.

5642/vy ITB# S-44300-00010048 11

C.4 BID FORMAT

C.4.1 SIGNATURE REQUIRED: All Bid documents requiring Signature must be signed by an authorized representative of the Bidder.

The Bid documents received by OHA may contain “Electronic Signatures” within the meaning of ORS Chapter 84, and these “Electronic Signatures” shall bind the signing Party and are intended to be and can be relied upon by OHA. OHA reserves the right at any time to require the submission of the hard copy originals of any documents included in a Bid.

C.4.2 IN WRITING – BIDS: Bid information shall be word processed format and must include the Signature of an authorized representative of the Bidder. No oral, telephone, e-mail or facsimile Bids will be accepted. Bids must be submitted through the OregonBuys system, as described in more detail in Section C.0 of this ITB.

C.4.3 FORMS TO BE USED: Required information shall be submitted on the forms specified in the ITB. Any information Bidder submits that is not required to be included on forms prescribed by OHA shall be formatted in the manner called for in this ITB and submitted on Bidder's letterhead.

C.4.4 INFORMATION TO BE SUBMITTED WITH THE BID: The items listed below in this section shall be submitted electronically via OregonBuys or the Bid shall be found to be non-responsive and rejected.

The following must be submitted via OregonBuys prior to the Bid Opening Date:

Pricing Submittal Form, Exhibit 1;

Bid Security Requirements as per Section D and Exhibit 2;

CCB Registration Requirements; Asbestos Abatement Licensing Requirements, & Joint Venture - Partnership Declaration, Section G;

Addenda Acknowledgement, if required, Section H;

Responsibility Inquiry & Contractor References; Utilization of Businesses Certified under ORS 200.055, Section I;

Residency Information, Section K;

Signature of Bidder's Duly Authorized Representative, Section O;

The following shall be submitted via OregonBuys, either with the Bid submission or within two (2) working hours after the Bid Opening Date, as more particularly described in Section C.7.2:

First-Tier Subcontractor Disclosure Form, Section F

C.4.5 BID MODIFICATION PRIOR TO THE BID OPENING DATE: Bids, once submitted, may be modified in OregonBuys before the Bid Opening Date. Modifications made after Bid submission shall be prepared on Bidder's letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Bid. Modifications made after Bid submission must be uploaded to OregonBuys after deleting prior submittal items using the “Withdraw Quote” button. Failure to comply with the provisions of this paragraph of Section C.4.5 will result in Bid rejection.

C.4.5.1 Nothing in Section C.4.5 shall be construed as allowing the Bidder to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications or Plans attached to the Bid documents.

C.4.5.2 Bidders may not modify Bids after the Bid Opening Date.

C.5 BID SUBMISSION

C.5.1 SEALED ELECTRONIC FILE VIA OREGONBUYS: Bids must be submitted in a sealed electronic file via OregonBuys.

To ensure proper identification and handling, electronic files/attachments shall be clearly identified with the OregonBuys Bid Number.

OHA shall not be responsible for and will not accept late or mis-delivered Bids, protests, or other submittals. OHA is not and shall not be held responsible for failure of OregonBuys or any electronic mail system that interferes with the ability of Bidders to submit Electronic Submittals, to protest or to otherwise participate in the ITB process. OHA shall not be responsible for the proper handling of any Bid not properly identified, marked and submitted in a timely manner.

ITB Template Effective 12/01/2021

5642/vy ITB# S-44300-00010048 12

C.5.2 NUMBER OF COPIES; SIGNATURE REQUIRED: Bidders shall submit only one (1) complete Bid. The Bid must bear an original Signature. Failure to submit a Bid bearing an original Signature may result in Bid rejection.

C.5.3. For information on how to submit an electronic response to an opportunity, please visit:

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

C.6 BID WITHDRAWALS PRIOR TO THE BID OPENING DATE

C.6.1 If a Bidder wishes to withdraw a submitted Bid, the Bidder must do so using the “Withdraw Quote” button in OregonBuys prior to Closing/Bid Opening Date and time specified in OregonBuys for this ITB.

C.7 BIDS RECEIVED; BID OPENING; FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM SUBMITTAL

C.7.1 BIDS RECEIVED: Bids must be received in accordance with all instructions in this ITB prior to the Bid Opening Date specified in OregonBuys for this ITB. Bids received after the Bid Opening Date, or as may be extended by any subsequently issued Addendum, will not be considered for award.

C.7.2 PUBLIC BID OPENING: The public Bid Opening will occur immediately following the Bid Opening Date, unless otherwise specified. Only the name of each Bidder and the Bid amounts will be read at the public Bid Opening. Award decisions will not be made at the public Bid Opening.

OHA will hold the public Bid Opening through electronic means. Attendance is optional and not a condition of this solicitation. Interested parties may attend the public Bid Opening for this solicitation electronically as follows (It is attendee’s choice to use video or audio only.):

A Zoom meeting will be held at 3:30 PM for the Public Bid Opening following the specific time included in the Bid Opening Date.

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

https://us04web.zoom.us/j/71016287734?pwd=eDUVJlWDbs5Kj1baIfjlffVo3ib5Pw.1 Meeting ID: 710 1628 7734 Passcode: dc9Av

C.7.3 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM: First-Tier Subcontractor Disclosure forms not included in the Bid Submission must be returned via OregonBuys within two working hours after the Bid Opening Date, or via e-mail within two working hours after the Bid Opening Date directed to the SPC, if these disclosure forms cannot be submitted via OregonBuys. Failure to comply with this First-Tier Subcontractor Disclosure requirement will result in rejection of the Bid as non-responsive.

C.8 PRELIMINARY BID RESULTS: Prior to the Intent to Award Announcement, OHA may post preliminary bid results on the OregonBuys System. Such postings may not be correct and are not final.

C.9 TIME FOR BID ACCEPTANCE: A Bidder's Bid is firm, irrevocable, valid, and binding on the Bidder for not less than sixty (60) calendar days from the Bid Opening Date.

C.10 EXTENSION OF TIME FOR BID ACCEPTANCE: OHA may request either orally or in writing, that a Bidder extend, by writing, the time during which OHA may consider their Bid. If a Bidder agrees to such an extension, the Bid shall continue as a firm Bid, irrevocable, valid, and binding on the Bidder for the agreed-upon extension period.

C.11 METHOD OF AWARD:

The responsiveness of Bids and responsibility of Bidders and of their proposed subcontractors will be considered in making the award.

Award will be made to the Responsible Bidder submitting the lowest Responsive base bid. The State reserves the right to reject all Bids.

ITB Template Effective 12/01/2021 https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://us04web.zoom.us/j/71016287734?pwd=eDUVJlWDbs5Kj1baIfjlffVo3ib5Pw.1%20

5642/vy ITB# S-44300-00010048 13

C.12 SUBSTANTIAL COMPLIANCE REQUIRED: Bids not in substantial compliance with ITB requirements cannot be considered and cannot be supplemented by submissions delivered after the Bid Opening Date (with the exception of First-Tier Subcontractor Disclosure Forms submitted within 2 working hours of the Bid Opening Date). However, OHA may waive minor informalities as described in OAR 137- 049-0350, and OHA may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

C.13 BID EVALUATION CRITERIA: Bids will be evaluated to identify the lowest responsive base Bid submitted by a responsible Bidder and not otherwise disqualified. (Refer to OAR 137-049-0390) Adjustments made to account for reciprocal preferences will be for Bid evaluation purposes only. No such adjustments shall operate to amend Bidder's Bids or any Contract awarded pursuant thereto.

C.13.1 RESPONSIVENESS: For its Bid to be considered responsive, the Bidder must substantially comply in all material respects with applicable solicitation procedures and requirements and the solicitation documents. In making such evaluation, OHA may waive minor informalities and irregularities.

As a particular matter of responsiveness Bidder shall not make the Bid contingent upon OHA’s acceptance of Specifications, Plans, or Contract terms that conflict with or are in addition to those advertised in this ITB.

C.13.2 RESPONSIBILITY: Prior to award of a Contract, OHA will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. In doing so, OHA may investigate Bidder and request information in addition to that already required in the ITB, when OHA, in its sole discretion, considers it necessary or advisable.

C.13.3 OREGON PREFERENCE: Awards shall be subject to preference for products produced or manufactured in Oregon, if price, fitness and quality are equal; and, solely for the purpose of evaluating Bids, OHA will add a percent increase to the Bid of a non-resident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides. For example, if the Bidder is from a state that grants a ten (10) percent preference to local Bidders, OHA will add ten (10) percent to that Bidder's Bid price (OAR 137-046-0300, 137-046-0310, and 137-049-0390).

C.14 PROCESSING OF BIDS: Neither the release of a Bid Security, nor acknowledgment that the selection process is complete (whether by posting of a Bid tabulation sheet, issuance of Intent to Award Announcement, or otherwise), shall operate as a representation by OHA that any Bid submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.15 WITHDRAWAL BY OHA OF BID ITEMS PRIOR TO AWARD: OHA reserves the right to delete Bid items. The deletion of one or more Bid items will not affect the method of award.

C.16 REJECTION OF BIDS

C.16.1 REJECTION OF ALL BIDS: OHA may reject all Bids for good cause upon its finding that it is in the public interest to do so.

C.16.2 LIQUIDATED AND DELINQUENT DEBT: OHA may reject a particular Bid if a Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.

C.16.3 REJECTION OF PARTICULAR BIDS: OHA may reject a particular Bid for any of the reasons listed under OAR 125-249-0440.

C.17 INTENT-TO-AWARD ANNOUNCEMENT: OHA reserves the right to announce its intent to award prior to formal Contract award by letter posted on OregonBuys ("Intent-to-Award Announcement"), pursuant to ORS 279C.375. The Intent-to-Award Announcement shall serve as notice to all Bidders that OHA intends to make an award.

C.18 PROTEST OF INTENT TO AWARD: Adversely affected or aggrieved Bidders shall have seven (7) calendar days from the date of the Intent-to-Award Announcement to submit in writing a protest to the Purchaser/SPC. Protests submitted after that date will not be considered. Protests must specify the grounds upon which the protest is based.

C.18.1 In order to be an adversely affected or aggrieved Bidder, the Bidder must claim to be eligible for award of the Contract as the Responsible Bidder submitting the lowest Responsive Bid, and that any and all lower Bidders are ineligible to receive Contract award.

ITB# S-44300-00010048 14

C.18.2 An actual Bidder who is adversely affected or aggrieved by the award of the Contract to another Bidder may protest award, in writing, within the timeline established. The written protest shall state the grounds upon which the protest is based. No protest of award shall be considered after the deadline.

C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS: OHA will respond in writing to Intent to Award protests submitted by adversely affected or aggrieved Bidders. OHA may also respond to Intent to Award protests submitted by other Bidders for purposes of clarification. However, any response provided by OHA is not intended to, and shall not in and of itself constitute, confirmation that the Bidder is, in fact, adversely affected or aggrieved, and therefore entitled to protest an Intent to Award, or that the protest was timely filed.

C.20 AWARD: After expiration of the seven (7) calendar-day Intent to Award protest period, and resolution of all protests, OHA will proceed with final award. If OHA receives only one Bid, OHA may dispense with the Intent to Award protest period and proceed with award of a Contract.

C.21 COMMENCEMENT OF WORK: Contractor shall not commence Work under the Contract until the Notice to Proceed has been issued.

C.22 REVIEW OF AWARDED BID FILES: Awarded Bid files are public records and available for review by written request via email to OHA.publicrecords@odhsOHA.oregon.gov, and as otherwise prescribed by applicable legal requirements.

C.23 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL BIDDER

C.23.1 INSURANCE: The apparent successful Bidder shall provide all required proofs of insurance to OHA within seven (7) calendar days of the Intent to Award Announcement. Failure to present the required documents within the seven (7) calendar-day period may result in Bid rejection. Workers’ Compensation & Employers’ Liability, Commercial General Liability, Excess/Umbrella Coverage, Builder’s Risk, Partial Occupancy Coverage, & Installation Floater Insurances are required.

Bidders are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Exhibit 7, Supplemental General Conditions, Section G.3.1 (PGS. 6-9) prior to Bid submission.

Bidders 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 do an 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 OHA. OHA'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.

C.23.2 PERFORMANCE BOND and PAYMENT BOND: The successful Bidder shall be required to furnish a Performance Bond and a Payment Bond each in the total amount (100%) of the awarded Contract, executed in favor of the State of Oregon, to ensure faithful performance of the Contract and payment for services, materials, and goods.

NOTE: THE OHA PROVIDED PERFORMANCE AND PAYMENT BONDS ARE THE FORMS APPROVED AND REQUIRED TO BE USED FOR THIS ITB.

The State of Oregon Performance Bond and Payment Bond form are Exhibit 3 and Exhibit 4, respectively.

The apparent successful Bidder shall provide all required bonding to OHA within seven (7) calendar days of the Intent to Award Announcement. Failure to present the required documents within the above mentioned seven (7) calendar days may be grounds for Award disqualification.

C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Bidder, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to Bid and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

C.23.4 CERTIFICATE OF PAY EQUITY TRAINING: Prior to execution of the Contract, the apparent successful Offeror must submit to OHA within seven (7) calendar days of the Intent-to-Award Announcement, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under ORS 279A.167. This requirement applies only to Offerors that employ 50 or more full-time workers and only if the Contract has an estimated contract price that exceeds $500,000.00.

5642/vy ITB Template Effective 12/01/2021 mailto:oha.publicrecords@odhsoha.oregon.gov

5642/vy ITB# S-44300-00010048 15

SECTION D - BID SECURITY REQUIREMENTS

D.0 Each Bid shall be accompanied by a certified or cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond payable to OHA in an amount equal to ten percent (10%) of the total amount of the Bid (“Bid Security”).

D.1 Bid Security shall be furnished to OHA as security against the failure of the Bidder to comply with all requirements within the time frames established subsequent to the Intent to Award Announcement.

D.2 If Bid Security is furnished by means of a Bid Bond, the State of Oregon Bid Bond form, provided as Exhibit 2, is the form approved and required to be used for this ITB and shall be submitted via upload in OregonBuys.

D.3 If Bid Security is furnished by means of a certified or cashier’s check, Bidder must notify the SPC for additional instructions. Bid Security must be received by the SPC by closing.

D.4 Within five (5) business days of the Bid Opening Date, each Bidder must deliver the original Bid Security document to OHA, in order for the Bidder’s Offer to be responsive to this ITB.

D.5 Forfeiture: A Bidder who is awarded a contract and who fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, or (3) furnish certificates of insurance within the time specified in Section C.23, then OHA shall cash the check, draw under the letter of credit, or otherwise collect under the Bid Security, pursuant to ORS 279C.385. If the foregoing occurs, the Bid Security shall be taken by OHA and considered as liquidated damages and not a as a penalty of the Bidder to execute the Contract and deliver the bonds and proof of insurance.

D.6 Return of Bid Security

D.6.1. OHA shall return the Bid Security of the successful Bidder to the Bidder after the Bidder:

(a) executes the public improvement contract, and

(b) delivers a good and sufficient performance bond, a good and sufficient payment bond, and any…