S-63400-00007260 ITB Trade Services.pdf

ITB 9412 OregonBuys #S-63400-00007260 Joseph Stewart County Park Page 1 of 18

OREGON PARKS AND RECREATION DEPARTMENT

ISSUES THIS INVITATION TO BID

FOR THE PURCHASE OF

9412 Oil Water Separator, Underground Storage Tank and Fuel Line Decommissioning at Joseph Stewart County Park

OPRD Procurement No.9412

OregonBuys ITB/Solicitation No. S-63400-00007260

Joseph Stewart County Park Page 2 of 18

TABLE OF CONTENTS

1.0 PROCUREMENT DESCRIPTION

1.1 Purpose

1.2 Scope of Services

1.3 Additional Information

2.0 SOLICITATION PROCESS

2.1 Procurement Authority and Method

2.2 General Definitions

2.3 Procurement Schedule

2.4 OregonBuys System

2.5 Mandatory Pre-Bid Meeting

2.6 Inquiries and Changes

2.7 Bid Requirements

2.8 Bid Opening

3.0 EVALUATION PROCESS

3.1 Clarification of Bids

3.2 Disqualification of Bids

3.3 Cancellation of Solicitation

3.4 Administrative Review

3.5 Minimum Requirements

3.6 RESERVED

3.7 Method of Award

3.8 Applicable Preferences

3.9 Bidder References

3.10 Bidder Responsibility

4.0 AWARD PROCESS

4.1 Intent to Award

4.2 RESERVED

4.3 Contract Requirements

ATTACHMENTS:

Attachment 1 Contractual Acceptance Form Attachment 2 Pricing Proposal Form Attachment 3 References Attachment 4 Bidder Responsibility Form Attachment 5 Sample Services Contract Form

Exhibit A Statement of Work Exhibit B Terms and Conditions Exhibit C Technical Specifications Exhibit D Project Maps

Joseph Stewart County Park Page 3 of 18

1.0 PROCUREMENT DESCRIPTION

1.1 PURPOSE

The Oregon Parks and Recreation Department (OPRD) is seeking bids for decommissioning services at the Joseph Stewart County Park. Work consists of Removal of Oil Water Separator, Decommissioning of 260-Gallon Waste Oil Underground Storage Tank, Fuel Line Decommissioning, and Site Restoration.

As a result of this solicitation process, OPRD intends to award one contract for the Work described in this ITB. The form of the resulting contract and applicable provisions are included in Attachment 5 (Sample Contract Form).

Interested Bidders must be a current State of Oregon, Department of Environmental Quality (DEQ) - UST licensed service provider.

All Work must be completed by August 31, 2023. Due to high volumes of park visitors, all Work must be completed Monday through Thursday only.

1.2 SCOPE OF SERVICES

The general scope of services is described in Attachment 5 (Sample Contract Form) Exhibits A and C (Statement of Services, Technical Specifications).

The final statement of work and schedule will be negotiated with the selected Contractor and set forth in Exhibit A of the executed Contract.

1.3 ADDITIONAL INFORMATION

1.3.1 Tobacco Free Properties. Bidders need to be aware that Executive Order 12-13 established statewide policy that properties wholly owned or leased by the State of Oregon shall be tobacco free. If Bidder is selected for contract award, Bidder, and its employees, agents and subcontractors will be expected to comply with established smoking restrictions while performing services on State property.

1.3.2 Prevailing Wage Rates.

IF the awarded Contract value is $50,000 or greater, then payment of Prevailing Wage

Rates will apply If applicable, the BOLI prevailing wage rate requirements and the prevailing wage rates applicable as of the date this ITB was first advertised, which while not physically attached, are incorporated herein by reference with the same force and effect as though fully set forth herein and available at the following weblink:

Oregon Bureau of Labor and Industries Prevailing Wage Rates for Public Contracts https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

The Work will take place in Jackson County, BOLI Region 8.

1.3.3 OregonBuys

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

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Pages/vendorregistration.aspx

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1.3.3.2 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(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137-046-0110(21) will immediately occur.

Bid Solicitation

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 A formal change to an existing MBPO (i.e., any form of contract;

agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Master Blanket Purchase Order

(“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.; purchase order; or work order contract.

Quote Any form of Bid submission by vendors; i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

Vendor 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.

1.3.3.3 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.

1.3.3.4 Obtaining ITB Documents. This ITB, ITB 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 ITB 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 ITB.

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

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2.0 SOLICITATION PROCESS

2.1 PROCUREMENT AUTHORITY AND METHOD

OPRD is conducting this Procurement under the authority granted in ORS 279A.050(6)(d), which gives the State Parks and Recreation Department authority to procure or supervise the procurement of all goods, services, public improvements and personal services relating to state parks in accordance with the Public Contracting Code.

OPRD is conducting this Procurement in accordance with OAR 137-047-0270, Intermediate Procurements.

2.2 GENERAL DEFINITIONS

Capitalized terms in the ITB have the meaning set forth below, and if not defined below, the meaning set forth in the Attorney General’s Model Public Contract Rules (OAR Chapter 137), and if not defined there, the meaning set forth in the Public Contracting Code (ORS Chapters 279A and 279B). Other capitalized terms may be defined in the section in which they appear.

2.2.1 “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of this ITB.

2.2.2 “Bid” or “Offer” means the Bidder's written offer submitted in response to this Invitation to Bid, including all necessary attachments.

2.2.3 “Bidder” or “Offeror” means a Person that submits a Bid in response to this Invitation to Bid.

2.2.4 “Closing” means the date and time specified in this ITB as the deadline for submitting Bids.

2.2.5 “Contractor” means the Person with whom OPRD enters into a contract pursuant to this Invitation to Bid.

2.2.6 “Goods” means all supplies, equipment, materials, and personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, required to be delivered under the Contract resulting from this ITB.

2.2.7 “OPRD” means the Oregon Parks and Recreation Department.

2.2.8 "OregonBuys System" or “OregonBuys” means the on-line electronic Oregon automated procurement system administered by the State’s Department of Administrative Services. The OregonBuys System website is : https://oregonbuys.gov/bso/

2.2.9 “Person” means any of the following with legal capacity to enter into a Contract: individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

2.2.10 “Responsive” means having the characteristic of substantial compliance in all material respects with the applicable requirements of this ITB.

2.2.11 “Services” means all work required to be performed under the Contract resulting from this ITB.

2.2.12 “Solicitation Document” or “Invitation to Bid (ITB)” means this document, and all its attachments, which is issued to invite offers from prospective contractors pursuant to ORS Chapter 279B.

https://oregonbuys.gov/bso/

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2.3 PROCUREMENT SCHEDULE

The anticipated procurement schedule is listed below. All dates are estimates and all times are Pacific Time. OPRD may modify the schedule at its sole discretion.

Solicitation Issued/Posted on OregonBuys………………...June 15, 2023 Mandatory Site Visit…………………………………………. July 11, 2023 at 10:00 AM PT July 11, 2023 at 12:00 PM PT Deadline for Inquiries and Requests for Clarification……. July 14, 2023 at 2:00 PM PT Closing/Bids Due/Opening………………………………….. July 20, 2023 at 2:00 PM PT Estimated Contract Award……………………………………July 21, 2023

2.4 OREGONBUYS SYSTEM

This ITB is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system.

This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this ITB. Prospective Bidders that do not have compatible software or are unable to open any of the attached documents, forms or Addenda may contact the Single Point of Contact listed in Section 2.6 for alternative electronic formats or hard copies

2.5 MANDATORY PRE-BID MEETING

There will be 2 mandatory pre-bid meetings held on July 11, 2023 at 10:00 AM (PT) and 12:00 PM (PT) located at Joseph Stewart County Park, Jackson County, 35251 Hwy 62, Trail, OR 97541.

Any statements made at this meeting will not change the Statement of Services, Specifications or other Contract Documents unless an Addendum has been issued by OPRD and advertised on the OregonBuys System.

BIDDERS ARE REQUIRED TO ATTEND A MEETING AND SIGN IN WITH SINGLE POINT OF

CONTACT.

2.6 INQUIRIES AND CHANGES

2.6.1 Single Point of Contact. Bidders shall address ALL INQUIRIES related to this Solicitation to the individual identified below by any of the following methods:

NAME Winona Butler, Sr. Contracts Specialist EMAIL: Winona.Butler@oprd.oregon.gov

PHONE: 503-779-7834

OregonBuys: via OregonBuys system using the “Q&A” tab in the Bid Solicitation

2.6.2 Requests for Clarification. A prospective Bidder may request clarification of any provision contained in this ITB. Any request for clarification must:

• Be submitted in writing (via OregonBuys or e-mail) to the Single Point of Contact, and

• Be received by the deadline for inquiries designated in section 2.3 Procurement Schedule, or as modified by Addenda.

At its sole discretion, OPRD will respond to such requests received by direct response to the requestor, by issuing clarification(s) in the form of Questions and Answers posted on mailto:Winona.Butler@oprd.oregon.gov

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OregonBuys, or by issuing changes in the form of Addenda posted on OregonBuys. OPRD’s clarification to a Bidder’s request, whether orally or in writing, does not change this ITB and is not binding on OPRD unless the ITB is amended by Addendum in accordance with section 2.6.4 below.

2.6.3 RESERVED

2.6.4 Changes to ITB. Changes to the ITB will be made only by Addenda issued by OPRD and posted on OregonBuys.

2.7 BID REQUIREMENTS

2.7.1 Bid Format

Bid must be submitted on the forms and in the format required by this ITB. Any specific forms required for Bid submittal are included as attachments to this ITB.

2.7.2 Bid Content

The Bid must be complete in all respects, including necessary signatures, certifications, documentation, and responses to any other information required by this ITB, including but not limited to the following:

A. Contractual Acceptance Form The Bid must contain a completed Contractual Acceptance Form (Attachment 1) including an original (scanned) signature of the Bidder or a representative of the Bidder who is authorized to commit the Bidder to legal contracts. The person signing the Bid shall initial any alterations or erasures in ink. By submitting its Bid, a Bidder agrees to be bound by the terms and conditions contained in this ITB. A Bidder shall not make a Bid conditional upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this ITB.

B. Pricing Proposal The Bid must contain a completed Pricing Proposal Form (Attachment 2). All Pricing Proposals must be valid for 30 days from Closing.

OPRD has added contingency line items in the case of Discovered Release (DR). Pricing submitted in the contingency lines is for change order purposes during response to DR.

C. Minimum Qualifications/References, Resources and Equipment Bidder shall provide the following information supporting its compliance with the minimum requirements described below:

1) Qualifications and References.

a. Bidder must be currently licensed by the DEQ to provide UST Services.

b. Bidder must have a minimum of three (3) years of professional experience (within the past five [5] years) successfully providing Services that are comparable in size and complexity to those described in this ITB.

c. Bidder shall provide two (2) references from customers/clients for which Bidder has provided Services (within the past five [5] years) most comparable to the Services required by this ITB/Contract.

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OPRD will contact references to determine if references provided are supportive of the Bidder’s experience and ability to perform the Services described in this ITB.

Bidder shall complete and return with its Bid, Attachment 3– References. Failure to submit a complete Attachment 3 may be cause for Bid rejection.

D. Bidder shall complete and return with its Bid, Attachment 4 – Bidder Responsibility Form. Failure to submit a complete Attachment 4 may be cause for Bid rejection.

2.7.3 Bid Submission

Bidder must be a registered Vendor in OregonBuys.

Bidder must complete and submit the following items, in accordance with all instructions in this ITB, no later than the Bid Opening Date and time specified in OregonBuys for this ITB):

• ATTACHMENT 1 Contractual Acceptance Form

• ATTACHMENT 2 Bid Pricing Form

• ATTACHMENT 3 Bidder References

• ATTACHMENT 4 Bidder Responsibility Form

2.7.3.1 Acceptable Delivery and Receipt. To be considered Responsive, Bids must:

• Be submitted via the OregonBuys procurement system:

https://oregonbuys.gov/bso/view/login/login.xhtml and received prior to Closing/Opening.

2.7.3.2 Unacceptable Delivery and Receipt. OPRD will not accept or consider Bids that are:

• Submitted orally, by FAX, or in any other manner or to any location other than specified in Section 2.7.3.1.

• Received after the Closing date and time.

2.7.4 Bid Modification. Bids, once submitted, may be modified before the Bid Opening Date by uploading a new Bid in OregonBuys after deleting prior submittal items using the “Withdraw Quote” button.

Nothing in this Section will 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, the Specifications, or Plans attached to the Bid documents.

Bidders may not modify Bids after the “Bid Opening Date” and time specified in OregonBuys for this ITB.

2.7.5 Bid Withdrawal. 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.

2.7.6 Bid Costs. All costs associated with preparation, submission, modification and withdrawal of a Bid are the sole responsibility of the Bidder and will not be borne by OPRD.

2.7.7 Public Records; Trade Secrets. This ITB and one copy of each Bid received in response to it will be kept by OPRD and made a part of a file or record which shall be open to public inspection.

https://oregonbuys.gov/bso/view/login/login.xhtml

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If a Bidder believes that its Bid contains any information that is considered a trade secret under ORS 192.501(2) or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.410 through 192.505, each sheet of such information must be marked as follows:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.410 through 192.505.”

Bidders are cautioned that cost information submitted in response to a Solicitation is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by a Bidder that is already in the public domain is not protected as a trade secret. Go to: https://www.oregonlegislature.gov/bills_laws/ors/ors192.html for the definition of trade secret and information on what is exempt from disclosure.

OPRD shall not be liable for disclosure or release of any information when authorized or required by law or court order to do so. OPRD shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

By submitting a response to this ITB, Bidder grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

2.8 BID OPENING

There will not be a public bid opening for this ITB.

3.0 EVALUATION PROCESS

Bids received prior to Closing will be evaluated in accordance with the evaluation process described below, OAR 137-047-0270, and any other applicable rules and statutes.

3.1 CLARIFICATION OF BIDS

During the evaluation process, OPRD may request clarification from any Bidder regarding any portion of their Bid. Bidders should remain available during the evaluation period to respond to any such requests for clarification. Bidders should respond to requests for Bid clarification in the format and timeframe required by OPRD. If OPRD is unable to contact or receive a requested clarification from a Bidder, that Bidder’s Bid may be rejected according to OPRD’s interpretation of the Bid without clarification.

3.2 DISQUALIFICATION OF BIDS

Any attempt by a Bidder to improperly influence the evaluation process will result in the disqualification of that Bidder’s Bid from consideration.

3.3 CANCELLATION OF SOLICITATION

Any time during the Solicitation Process, OPRD may cancel this Solicitation or reject any and all Bids in accordance with ORS 279B.100.

3.4 ADMINISTRATIVE REVIEW

Bids will be evaluated for compliance with the Bid requirements identified in section 2.7. Bids deemed nonresponsive will be rejected. Bids deemed Responsive will be further evaluated as described in section 3.5 below.

3.5 MINIMUM REQUIREMENTS

Responsive Bids will be evaluated for compliance with the minimum requirements described in https://www.oregonlegislature.gov/bills_laws/ors/ors192.html

Joseph Stewart County Park Page 10 of 18 section 2.7.2.C. Bids deemed nonresponsive to the minimum requirements will be rejected.

3.6 RESERVED

3.7 METHOD OF AWARD

Only Responsive Bids will be considered for award. In accordance ORS 279B.070(4), if a contract is awarded, OPRD shall award the contract to the Bidder whose Bid will best serve the interests of OPRD, taking into account price as well as considerations including, but not limited to, experience, expertise, appropriate equipment and other resources, familiarity with site conditions, availability, suitability for a particular purpose and contractor Responsibility.

3.8 APPLICABLE PREFERENCES

In accordance with ORS 279A.120 and 125, OPRD must:

(a) Give preference to goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are otherwise equal,

(b) Add a percent increase to the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to the Bidder in the state in which the Bidder resides, and

(c) Give preference to the procurement of goods manufactured from recycled materials.

For purposes of applying (a) and (b) above, Bidder must identify on the Contractual Acceptance Form (Attachment 1) whether Bidder is a “Resident Bidder” as defined in ORS 279A120(1)(a).

3.9 BIDDER REFERENCES

OPRD may contact any or all of the references provided by Bidder in response to Section 2.7.2.C to verify Bidder’s qualifications, abilities, and experience. OPRD reserves the right to reject a Bid if the references fail to support Bidder’s ability to provide the Services described in this ITB.

3.10 BIDDER RESPONSIBILITY

In accordance ORS 279B.110, OPRD may contact any references (whether or not provided by Bidder) and request any additional information deemed necessary to determine the Responsibility of the Bidder to provide the Services.

4.0 AWARD PROCESS

4.1 INTENT TO AWARD

OPRD will posts its notice of intent to award on OregonBuys. This announcement will serve as notice to all Bidders that OPRD intends to award a contract to the selected Bidder subject to the successful negotiation of any negotiable provisions.

4.2 RESERVED

4.3 CONTRACT REQUIREMENTS

4.3.1 Contract Form. The Bid is an offer to enter into a contract that, if accepted for award, binds the

Bidder to a contract and the terms and conditions contained in the Contract.

The selected Bidder will be asked to sign a contract substantially in the form that is included as Attachment 5 to this Solicitation Document.

A Bidder shall not make a Bid contingent upon OPRD’s acceptance of terms or conditions that conflict with or are in addition to those contained in this ITB.

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4.3.2 Recyclable Products. Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

4.3.3 Insurance. Prior to execution of the Contract, the selected Bidder shall provide to OPRD certificates and additional insured endorsements of the insurance coverages identified in Attachment 5 (Sample Contract Form) Exhibit C (Insurance Requirements) or as otherwise specified in this ITB.

4.3.4 Nondiscrimination in Employment. As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

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ATTACHMENT 1

CONTRACTUAL ACCEPTANCE FORM

BIDDER SHALL PROVIDE ALL APPLICABLE INFORMATION REQUESTED BELOW

THIS ATTACHMENT MUST BE COMPLETED AND RETURNED WITH BID

BIDDER’S LEGAL NAME: (TAX FILING) __________________________________________________________

BIDDER’S MAILING ADDRESS: ________________________________________________________________

BIDDER’S BUSINESS DESIGNATION: (CHECK ONE)

Partnership Limited Partnership Limited Liability Partnership

Corporation Professional Corporation Limited Liability Company

Sole Proprietorship Other: ____________________________________________

BIDDER’S FEDERAL TAX ID NUMBER: (NOT SOCIAL SECURITY NUMBER) _________________________

Tax information is requested pursuant to ORS 305.385 and will be used for the administration of state, federal and local tax laws. OPRD may report the information provided to the Internal Revenue Service (IRS) under the name and taxpayer identification number provided.

BIDDER’S OREGON BUSINESS REGISTRATION NUMBER: _________________________________

(OREGON SECRETARY OF STATE, CORPORATIONS DIVISION)

Go to http://www.filinginoregon.com/ for information on how to register to do business in Oregon.

BIDDER IS A RESIDENT BIDDER: YES NO

ORS 279A.120(1)(b): “Resident bidder” means a bidder that has paid unemployment taxes or income taxes in Oregon during the 12 calendar months immediately preceding submission of the bid, has a business address in Oregon and has stated in the bid whether the bidder is a “resident bidder” under this paragraph.

BIDDER’S CONSTRUCTION CONTRACTOR’S BOARD{CCB) NUMBER AND EXPIRATION DATE

CCB NO: ________________ EXPIRATION: _______________

BIDDER IS AN OREGON CERTIFIED FIRM: (CHECK ALL THAT APPLY)

Minority Business Enterprise (MBE) Emerging Small Business (ESB)

Women Business Enterprise (WBE) Disadvantaged Business Enterprise (DBE)

Service-Disabled Veteran Business Enterprise (SDVBE)

Go to https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx for information on the COBID certification program.

http://www.filinginoregon.com/ https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

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BIDDER’S CONTACT INFORMATION:

AUTHORIZED REPRESENTATIVE TITLE

PHONE FAX EMAIL

THE INDIVIDUAL SIGNING ON BEHALF OF BIDDER HEREBY ACKNOWLEDGES AND CERTIFIES THAT:

• He/she is authorized to act on behalf of Bidder,

• The supplied Contractor data is true and accurate,

• To the best of his/her knowledge, Bidder is not in violation of any Oregon tax laws, For the purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to

320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620. [ORS 305.380(4)]

• Bidder has completely read and understands the provisions of the Solicitation, including any Addenda issued,

• The Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty,

• Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against any minority, women or emerging small business enterprise certified under ORS 200.055 or a business that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontract,

• Bidder accepts and agrees to be bound by all the terms and conditions of the Contract awarded,

• Bidder agrees to provide all Goods and Services required to be provided under the Contract,

• Bidder has the available resources, including staffing, to perform the Services in a reasonable timeframe to pursue OPRD’s objectives, and

• By submitting a response to this Solicitation, Bidder grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of and transmit the response for the purpose of conducting this procurement and to fulfill obligations under Oregon Public Records Laws.

SIGNATURE OF BIDDER’S AUTHORIZED REPRESENTATIVE DATE

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ATTACHMENT 2

PRICING PROPOSAL FORM

Bidders shall enter pricing for all Bid Items listed in this Pricing Proposal Form. If this Pricing Proposal Form is replaced by Addenda then Bidders shall use the Addenda forms to provide pricing and other required information. If the Pricing Proposal Form is only modified by Addenda, then Offerors shall follow the instructions in the Addenda for making modifications to the Pricing Proposal Form. Failure to supply the required information in the Pricing Proposal Form or subsequent Addenda may result in Bid rejection as non-responsive.

The undersigned has carefully examined the Contract Documents and the site of the work, and agrees to furnish all necessary labor, equipment, accessories, materials, permits, and perform all Work shown and specified in accordance with the Contract Documents for the price(s) set below. All Work described in the Contract Documents but not specifically itemized in the Pricing below is considered incidental to the Work, and Bidder agrees to furnish all necessary plant, labor, equipment, accessories, materials, permits, and perform all incidental Work at no additional cost to OPRD.

Bid Items:

NOTE: Bid price is total contract price including Contractor’s profit and overhead. The quantities listed in the Bid Pricing are intended to serve only as a guide to Bidders and are not to be construed as a guarantee. All quantities are estimated and are for Bid purposes only. OPRD reserves the right to adjust

Item

Description Quantity Unit Total Cost

Removal of Oil Water Separator, Decommissioning of 260-Gallon Waste Oil Underground Storage Tank, Fuel Line Decommissioning, and Site Restoration.

1 Lump sum $

Contingent: In the incident of “Discovered Release (DR)” during this Project; OPRD has added discovered release “DR” line items DR.1-DR.5. These prices are not considered part of the ITB Base Scope of Work’s Lump sum for decommissioning.

DR.1 Discovered Release: Petroleum-contaminated soil excavation. 1 Per ton $

DR. 2

Discovered Release: Petroleum-contaminated soil trucking and disposal at a licensed disposal facility (Landfills typically bill a 30-ton minimum)

1 Per ton $

DR.3 Discovered Release: Additional imported structural fill. 1 Per ton $

DR.4

Discovered Release: Additional collection and laboratory analysis to meet DEQ decommissioning requirements.

1 Per Sample $

DR. 5 Discovered Release: Complete cleanup report and submittal to DEQ, including applicable fees. 1 Lump sum $

Joseph Stewart County Park Page 15 of 18 quantities or delete items as needed. Payment will be made based on actual, measured quantities (See Contract Section 4.1 regarding Compensation and Section 6. Amendments).

Bidder (Insert the name of the bidding entity):

Bid submitted by (The authorized individual submitting the bid on behalf of the bidding entity):

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ATTACHMENT 3

REFERENCES

3.1 BIDDER REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE

ITB Section 2.7.2(C)

Bidder shall provide two (2) different project references with the Bid that can be contacted regarding the quality of workmanship and service that the Bidder provided on projects of comparable size and scope.

Bidder shall submit this information using the form provided below, or may use the Bidder’s form.

The two (2) different project references must show a minimum of 3 years’ experience in the past 5 years, and shall include the following information for each reference:

Bidder Project Reference #1

Name of Project:

Project Description:_______________________________________________________

Project Location:

Project Dates:

Customer/Client Name:

Name of Contact Person #1:

Telephone Number for Contact Person #1:

Email for Contact Person #1:

Name of Contact Person #2:

Telephone Number for Contact Person #2:

Email for Contact Person #2:

Bidder Project Reference #2

Name of Project:

Project Description:_______________________________________________________

Project Location:

Project Dates:

Customer/Client Name:

Name of Contact Person #1:

Telephone Number for Contact Person #1:

Email for Contact Person #1:

Name of Contact Person #2:

Telephone Number for Contact Person #2:

Email for Contact Person #2:

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ATTACHMENT 4

BIDDER RESPONSIBILITY

OPRD will determine responsibility of a Bidder prior to award and execution of a Contract. In addition to this form, OPRD may notify Bidder of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

1. Does Bidder have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Bidder to meet all contractual responsibilities? YES / NO .

2. Within the last five years, how many contracts of a similar nature has Bidder completed that, to the extent that the costs associated with and time available to perform the contract remained within Bidder′s control, Bidder stayed within the time and budget allotted, and there were no contract claims by any party? Number: ____

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

3. Within the last three years has Bidder (incl. a partner or shareholder owning 10% or more of Bidder’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

• obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

• violation of federal or state antitrust statutes relating to the submission of bids, or

• embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

4. Within the last three years, has Bidder had:

• any contracts terminated for default by any government agency, or

• any lawsuits filed against it by creditors or involving contract disputes? YES / NO .

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

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5. Does Bidder have any outstanding or pending judgments against it? YES / NO .

Is Bidder experiencing financial distress or having difficulty securing financing? YES / NO .

Does Bidder have sufficient cash flow to fund day-to-day operations throughout the proposed contract period?

YES / NO

If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

6. Within the last three years, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? YES

/ NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

7. Does Bidder have all required licenses, insurance and/or registrations, if any, and is Bidder legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Bidder certifies to the best of his or her knowledge and believes the responses provided on this form are complete, accurate, and not misleading.

Authorized Signature Date

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