S-DASOBO-00001190_OCYCF MedDental Remodel.pdf

State of Oregon

Invitation to Bid

Solicitation # S-DASOBO-00001190

OCYCF Med/Dental Remodel

Date of Issue: November 11th, 2021

Bid Opening: December 16th, 2021, Time 2:00 PM (Pacific)

Point of Contact: Dustin Sculatti, State Procurement Analyst

Address: 1225 Ferry St. SE City, State, Zip: Salem, OR. 97301 Phone (voice): 971-349-2087 E-mail: dustin.m.sculatti@das.oregon.gov mailto:dustin.m.sculatti@das.oregon.gov

SECTION A - TABLE OF CONTENTS

SECTION A TABLE OF CONTENTS

SECTION B DEFINITIONS

SECTION C GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS; INSTRUCTIONS TO

OFFERORS

SECTION D BID SECURITY REQUIREMENTS

SECTION E 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 STATE OF OREOGN BID SECURITY FORM

EXHIBIT 3 STATE OF OREGON PERFORMANCE BOND FORM

EXHIBIT 4 STATE OF OREGON PAYMENT BOND FORM

EXHIBIT 5 STATE OF OREGON SAMPLE PUBLIC IMPROVEMENT AGREEMENT FORM

EXHIBIT 6 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS

EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS

ATTACHMENT A SPECIFICATIONS

ATTACHMENT B PLANS & DRAWINGS

SECTION B - DEFINITIONS

B.1 DEFINITIONS: Together with the Definitions found in Section A.1 of Exhibit 6 – State of Oregon General Conditions for Public Improvement Contracts (“General Conditions), the following definitions apply to this ITB and the resulting Contract.

B.1.1 "Addendum” means an addition or deletion to, a material change in, or a clarification of, the ITB. Each Addendum shall be labeled as such and shall be made available to all interested Offerors in accordance with OAR 125-249-0250(2).

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

B.1.2 "Agency" means the Oregon Employment Department.

B.1.3 "Bid" means the Offeror's written offer submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means "Offer".

B.1.4 "Bidder" and “Offeror” are used interchangeably and mean an individual, organization or representative of an organization that submits a Bid in response to an ITB.

B.1.5 "Bid Opening" 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.1.6 "DAS" means the Oregon Department of Administrative Services, acting through its Enterprise Goods and Services Division, Procurement Services.

B.1.7 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

B.1.8 "Opening" means the date/time set to read the Bid submittals.

B.1.9 "OREGONBUYS" OREGONBUYS means the on-line electronic procurement system administered by DAS. The OREGONBUYS System website is located at: https://OregonBuys.gov https://oregonbuys.gov/

B.1.10 "Plan Center" means organizations and business locations where Bidders may view, download or purchase copies of all documents relating to the ITB.

B.1.11 "State" means the State of Oregon.

B.1.12 “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, including email submission, and intended to represent or convey particular ideas or meanings.

SECTION C - GENERAL BIDDING INFORMATION/INSTRUCTIONS TO OFFERORS

C.1 GENERAL INFORMATION

ITB PURPOSE:

The purpose of the ITB is to establish a Contract for OCYCF Med/Dental Remodel Project for the benefit of Oregon Youth Authority. 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 Contract Documents.

PROJECT ESTIMATE:

The following range is a Project estimate for bonding purposes: $1,000,000.00-1,300,000.00.

PROJECT DATES:

PROJECT START DATE: 5 calendar days from issuance of Notice to Proceed.

SUBSTANTIAL COMPLETION: 217 calendar days from issuance of Notice to Proceed.

FINAL COMPLETION: 237 calendar days from issuance of Notice to Proceed.

C.1.0 MANDATORY PRE-BID CONFERENCE:

C.1.0.1 A mandatory in person pre-bid conference will be held on A mandatory pre-bid conference, or multiple pre-bid conferences as described below, will be held on November 30th, 2021 between 10 am – 4 pm at Oak Creek Youth Correctional Facility, 4400 Lochner Road, Albany, OR 97322.

In response to the Governor’s Executive Order No. 20-12 “Stay Home, Save Lives” and related Executive Orders and their workplace restrictions and social distancing requirements, DAS will be scheduling appointments for the mandatory pre-bid conference(s) with all interested parties. Interested parties must contact the DAS single point of contact listed in Section C.1.1.1 by 10:00 AM on November 24th, 2021 to schedule an appointment by email to dustin.m.sculatti@das.oregon.gov.

To comply with social-distancing guidelines, DAS may, in its sole discretion, conduct one or more pre-bid conferences at different times on the same date, or different dates if necessary.

If pre-bid conference is held indoors, all attendees shall wear proper facial covering at all times and maintain social distancing of six (6) feet. A “face covering” means a cloth, paper, or disposable face covering that covers the nose and the mouth, and for purposes of this policy, does not include a clear plastic “face shield.” Attendees are responsible for providing their own face covering.

No more than one representative from each interested party will be allowed to attend the pre-bid conference(s).

All interested party representatives must comply with social-distancing guidelines and other requirements of the Governor’s Executive Order No. 20-12 and related Executive Orders during the appointments.

C.1.0.2 Any statements made at this conference will not change the Plans, Specifications or other Contract Documents unless an Addendum has been issued from DAS and advertised on the OREGONBUYS System.

BIDDERS OR THEIR REPRESENTATIVE ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID CONFERENCE AND REGISTER ON THE OFFICIAL SIGN IN SHEET, IDENTIFYING THE INDIVIDUAL REPRESENTATIVE AND THE

ENTITY INTENDING TO BID. BIDS WILL ONLY BE EVALUATED FROM BIDDERS OR THEIR REPRESENTATIVE WHO REGISTERED AND ATTENDED THE MANDATORY PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE

CONSIDERED NON-RESPONSIVE.

C.1.1 POINT(S) OF CONTACT:

C.1.1.1 The point of contact for questions regarding the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues that may arise, is Dustin Sculatti at (971) 349-2087, and email dustin.m.sculatti@das.oregon.gov.

C.1.1.2 The point of contact for requests for brand approval, or substitution requests is Alex Hill at (971)-570-4269 and e-mail alexhill@ckarch.com

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.

Offerors are prohibited from contacting these engineers and consultants during the solicitation process, unless otherwise authorized in this ITB.

Studio 3 Architecture, 275 Court St NE, Salem, OR 97301.

C.1.3 INVITATION TO BID DOCUMENTATION 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 Offerors. Offerors without access to OREGONBUYS may order hardcopies at a Plan Center.

C.1.3.2 ATTACHMENTS: Some 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 & DELIVERY: Offerors may order hardcopies of the ITB, Addenda and most attachments from the Plan Centers listed in Section C.1.5. Additional Plan Centers or other vendors may make hardcopy documents available, but DAS is not responsible for which Plan Centers and vendors will participate. Offerors who obtain documents through Plan Centers or other third-party vendors are responsible for ensuring they have all ITB documentation and addenda. Costs for these documents and any associated delivery costs are as quoted by the Plan Center or vendor selected by the Offeror. All costs of these documents are at Offeror’s expense. Terms of performance and payment are as stipulated by the Plan Center or vendor and are not regulated by the State. DAS is not responsible for Plan Center or vendor customer services policies, procedures, terms, conditions or other requirements.

C.1.3.4 ADDENDA: Addenda are incorporated with the original solicitation as an attachment and can be viewed and downloaded by registered suppliers. Offerors should consult the OREGONBUYS System regularly until Bid Opening to avoid missing any Addenda.

C.1.4 SUPPLIERS LIST:

To be listed on the suppliers list, interested parties must be registered on OREGONBUYS. Suppliers can register in OREGONBUYS at: https://OregonBuys.gov

Interested parties who download ITB documents from OREGONBUYS will automatically be added to the suppliers list.

Interested parties who obtain the ITB documents from other means may add themselves to the suppliers list on OREGONBUYS. Interested parties who have entered their company on OREGONBUYS are responsible for making sure information is correct and accurate. The State of Oregon assumes no responsibility for the content of the interested parties’ information shown on OREGONBUYS.

C.1.5 PLAN CENTERS:

The ITB document, Plans, Specifications, and any other solicitation documents may be examined at the Department of Administrative Services, 1225 Ferry Street SE, Salem, Oregon 97301 or at a Plan Center noted below:

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

https://oregonbuys.gov/

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

McGraw Hill Construction Dodge, 3461 NW Yeon, Portland, OR 97210

OAME, 4134 N. Vancouver Ave Portland, OR 97217

Oregon Contractor Plan Center, 14625 SE 82nd Dr., Clackamas, OR 97015

Salem Contractors Exchange, 2256 Judson Street SE, Salem, OR 97302 Willamette Valley Bid Center 32054 Old Hwy 34, PO Box 440 Tangent, Or. 97389

C.1.6 TRADE SECRETS:

Any information Offeror submits in response to the ITB that Offeror considers a trade secret under ORS 192.345(2) or confidential proprietary information under ORS 192.355, and that Offeror wishes to protect from public disclosure, must be clearly labeled with the following: "This information constitutes a trade secret under ORS 192.345(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192. Offerors 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 Offerors that is already in the public domain is not protected. The State is not liable for disclosure or release of information when authorized or required by law or court order to do so. The State is immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

C.1.7 SOLICITATION LAW, RULES AND GENERAL CONDITIONS:

This ITB and the 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 law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes, and Divisions 246 and 249 of the Oregon Administrative Rules (“OAR”) of the Oregon Department of Administrative Services and, to the extent applicable, Divisions 046 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. Offerors 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 ADMINISTRATIVE SERVICES ADMINISTRATIVE RULES – [OAR Chapter 125, Divisions 246 and 249] - 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: http://arcweb.sos.state.or.us/banners/rules.htm

C.1.7.3 OREGON DEPARTMENT OF JUSTICE ADMINISTRATIVE RULES - (OAR Chapter 137, Divisions 46 and 49):

Can be obtained from the Department of Justice, 1162 Court Street NE, Salem, Oregon 97301. Phone (503) 378-4400), or online at: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_tofc.html

C.1.7.4 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 herein by this reference. See Exhibit 6.

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" establishes the minimum requirements for appearance, 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.

http://arcweb.sos.state.or.us/banners/rules.htm http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_137/137_tofc.html

C.1.8.2 BRAND NAME "OR EQUAL": Any brand name listed in the specifications with an "or equal" establishes the minimum requirements for appearance, 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 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.

During the Project, the Owner’s Authorized Representative shall determine, in its sole discretion, whether a product offered is "or equal.” This determination shall not absolve the Contractor of sole liability related to the proposed product’s failure to meet the specified requirements.

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 establishes the minimum requirements for appearance, 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.

During the bidding process, DAS shall determine, in its sole discretion, whether a product offered is an "approved equal" or “approved equivalent.” This determination shall not absolve the requesting Offeror of sole liability related to the proposed product’s failure to meet the specified requirements.

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 " equal" or an " equivalent;" (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms, Specifications, Plans or Drawings; and (d) formal submittal of protests of contractual terms, Specifications, Plans or Drawings. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the contract terms, Specifications, Plans or Drawings may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS: Requests for brand approval, requests for substitution, requests for clarification, requests for change, and Bid protests must be made in Writing and marked as follows:

Bid Request for: OCYCF Med/Dental Remodel Request for Brand Approval/Request for Substitution/Request for Clarification/Request Change/Bid Protest

ITB Number Bid Opening Date & Time:

Must be received by the appropriate point of contact as identified in Section C.1.1 by 10:00 AM (Pacific Time) on December 6th, 2021. 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.

C.2.3 REQUEST FOR APPROVAL OF AN " EQUAL" OR AN " EQUIVALENT:" Pursuant to Section C.1.8.3, Offerors must provide the specified product unless another is approved through a request for approval of an " equal" or an " equivalent, or a product exemption has been issued (ORS 279C.345). Other brands meeting the specified requirements will be considered upon proper submittal of the request with appropriate documentation.

Requests must be made in Writing and be submitted via email to the name of the Point of Contact under C.1.1.2 of the ITB document. To be considered, the request for changes must be received by the deadline specified in C.2.2.

• 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; and

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

OREGONBUYS.

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

Failure to advise DAS otherwise will constitute notice that Offeror is fully satisfied with the existing site conditions, and the provisions of the ITB, Specifications, Plans, Drawings, and Contract Documents and that it intends to perform its obligations with no impediments to the Work.

C.2.5 REQUEST FOR CHANGES TO CONTRACTUAL TERMS, SPECIFICATIONS, PLANS OR DRAWINGS: Any Offeror may submit a request for changes to contractual terms, Specifications, Plans or Drawings in Writing via email, to the point of contact listed in Section C.1.1. To be considered, the Offeror must submit the request for changes and it must be received by DAS by the deadline specified in Section C.2.2. The request must include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 PROTEST OF CONTRACTUAL TERMS, SPECIFICATIONS, PLANS OR DRAWINGS: Any Offeror who believes contractual terms, Specifications, Plans or Drawings are unnecessarily restrictive or limit competition may submit a protest, in Writing via email, to the point of contact listed in Section C.1.1. To be considered, the Offeror must submit the protest and it must be received by DAS by the deadline specified in Section C.2.2. 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.

C.2.7 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in Writing via email, or included in an Addendum as a "clarification," do not change contractual terms, Specifications, Plans, Drawings, or procurement requirements of an ITB. If a request for clarification raises an issue that DAS determines should be handled by formally amending the ITB, DAS will do so only by announcing such a change in an Addendum posted on the OREGONBUYS System, not through information identified as a "clarification."

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

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

SPECIFICATIONS, PLANS, DRAWINGS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE

CHANGED VIA ADDENDA ISSUED BY DAS AND POSTED ON THE OREGONBUYS SYSTEM.

C.3 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. DAS will not consider requests or protests of matters not added or modified by the Addendum.

C.4 OFFER FORMAT

C.4.1 SIGNATURE IN INK REQUIRED: All Offer documents requiring Signature must be signed by an authorized representative of the Offeror. The Offer documents received by DAS 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 DAS. DAS reserves the right at any time to require the submission of the hard copy originals of any documents included in an Offer.

C.4.2 IN WRITING – OFFERS AND PRICING: Offers and pricing information shall be prepared by typewriter, handwritten in ink or by computer, but must include the Signature of an authorized representative of the Offeror. No oral, telephone, e-mail or facsimile Bids will be accepted—unless specifically authorized by the SPC. Bids must be submitted through the OregonBuys system.

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

C.4.4 INFORMATION TO BE SUBMITTED WITH THE OFFER: The items listed below in this section shall be submitted electronically via OregonBuys or the Offer 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 - Section D;

Construction Contractors Board (“CCB”) Registration Requirements; Asbestos Abatement Licensing Requirements, &

Joint Venture - Partnership Declaration - Section G;

Addenda Acknowledgement - Section H;

Responsibility Inquiry & Contractor References; ESB Utilization - Section I;

Residency Information - Section K;

Signature of Bidder's Duly Authorized Representative - Section O; and Addenda (If required)

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 (See Section C.7.2)

C.4.5 BID MODIFICATION PRIOR TO THE BID OPENING DATE: Alterations and erasures made before Offer submission must EACH be INDIVIDUALLY initialed in ink by the person signing the Offer. Offers, once submitted, may be modified in Writing before the Bid Opening Date. Modifications made after Offer submission shall be prepared on Offeror's letterhead, be signed by an authorized representative, and state that the modifications amend and supersede the prior Offer. Modifications made after Bid submission must be uploaded in 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 Offeror to alter or otherwise change the form of the Bid, the form of the Contract, the conditions of the Bid, or the Specifications, Plans, or Drawings attached to the Bid documents.

C.4.5.2 Offerors may not modify Offers after Bid Opening.

C.5 OFFER SUBMISSION

C.5.1 SIGNATURE REQUIRED: OFFER SUBMITTED BY OFFEROR MUST BEAR AN ORIGINAL SIGNATURE.

FAILURE TO SUBMIT AN OFFER BEARING AN ORIGINAL SIGNATURE WILL RESULT IN REJECTION OF THE BID.

C.5.2 SEALED ELECTRONIC FILE VIA OREGONBUYS: Offers must be submitted in a sealed electronic file via OregonBuys (unless a bid-specific alternative has been approved by the SPC). To ensure proper identification and handling, electronic files/attachments shall be clearly identified with the OregonBuys Bid Number.

DAS shall not be responsible for and will not accept late or mis-delivered Bids, protests, or other submittals. DAS 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. DAS shall not be responsible for the proper handling of any Offer not properly identified, marked and submitted in a timely manner.

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

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

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

DAS is not be responsible for any Offer not properly identified, marked and submitted in a timely manner.

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

C.6 OFFER WITHDRAWALS PRIOR TO BID OPENING

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 ”Bid Opening Date” and time specified in OregonBuys for this ITB (unless the SPC has approved an alternative method for submitting a bid, in which case the same method must be used for withdrawal of a submitted Bid).

C.7 BID RECEIVED & OPENING / FIRST TIER SUBMITTAL

C.7.1 BID OPENING: 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.

Due to the COVID-19 pandemic and the Oregon Governor’s Executive Order 20-12, and the need for enhanced personal and public safety, until further notice DAS may not hold in-person public bid openings. DAS, in its sole discretion and in lieu of in-person public bid openings, may provide electronic public bid opening alternatives including, but not limited to, live video conferencing, or a call-in telephone conference line with video recording of the public opening. To the extent practicable, DAS will publish advance notice of the alternative public bid opening approach as an addendum on OREGONBUYS, or will directly notify bidders who have downloaded the procurement documents using other means available to the DAS, or both.

At this time, a Public Opening is scheduled to be held for this ITB via Microsoft Teams.

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. [NOTE: Optional Provision (once OregonBuys has been developed to dependably receive these First- Tier Subcontractor Disclosure Forms within two working hours after the Closing): “must be returned via OregonBuys within two working hours after the Closing.”] 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, DAS may post preliminary bid results on the OREGONBUYS System. Such postings may not be correct and are not final.

C.9 TIME FOR OFFER ACCEPTANCE

An Offeror's Offer is a firm Offer, irrevocable, valid and binding on the Offeror for not less than thirty (30) calendar days from the Bid Opening date and time.

C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE

DAS may request, orally or in Writing that Offerors extend, in Writing, the time during which DAS 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.

C.11 METHOD OF AWARD

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

C.11.1 METHOD OF BID AWARD: Award will be made to the responsible Bidder submitting the lowest total for a responsive BASE BID. The State reserves the right to reject all Bids.

C.12 SUBSTANTIAL COMPLIANCE REQUIRED

Offers 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, DAS may waive minor informalities as described in OAR 137-049-0350, and DAS may seek clarification of any response that, in its sole discretion, it deems necessary or advisable.

C.13 OFFER EVALUATION CRITERIA

Offers will be evaluated to identify the lowest responsive Offer submitted by a responsible Offeror and who is not otherwise disqualified. (Refer to OAR 137-049-0370 and 137-049-0390) Adjustments made to account for reciprocal preferences will be for Offer evaluation purposes only. No such adjustments will operate to amend Offeror's Offer or any Contract awarded pursuant thereto.

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

C.13.2 RESPONSIBILITY: Prior to award of a Contract, DAS will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 137-049-0390. See also OAR 137-049- 0440(1)(c)(H) and see Section I of this ITB. In doing so, DAS may investigate Offeror and request information in addition to that already required in the ITB, when DAS, in its sole discretion, considers it necessary or advisable.

C.13.3 OREGON PREFERENCE: Awards are 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, DAS 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 Offeror is from a state that grants a ten (10) percent preference to local Offerors, DAS will add ten (10) percent to that Offeror's Offer 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 Notice of Intent to Award, or otherwise), shall operate as a representation by DAS that any Offer submitted was complete, sufficient, lawful in any respect, or otherwise in substantial compliance with the ITB requirements.

C.15 WITHDRAWAL BY DAS OF BID ITEMS PRIOR TO AWARD

DAS 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 OFFERS

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

C.16.2 LIQUIDATED AND DELINQUENT DEBT: DAS may reject a particular Offer if an Offeror has liquidated, and delinquent debt owed to the State or any department or agency of the State.

C.16.3 REJECTION OF PARTICULAR OFFERS: DAS may reject a particular Offer for any of the reasons listed under

OAR 137-049-0440.

C.17 INTENT-TO-AWARD ANNOUNCEMENT

DAS reserves the right to announce its intent to award prior to formal Contract award by posting the tabulation sheet of Bid results on the OREGONBUYS System, or by letter or fax ("Intent-to-Award Announcement"). The Intent-to-Award Announcement shall serve as notice to all Offerors that DAS intends to make an award.

C.18 PROTEST OF INTENT TO AWARD

Adversely-affected or aggrieved Offerors will have (7) calendar days from the date of the Intent-to-Award Announcement within which to file a written protest. Protests must be made in Writing, must specify the grounds upon which the protest is based and must be received by the deadline.

In order to be an adversely affected or aggrieved Offeror, the Offeror must claim to be eligible for award of the Contract as the responsible Offeror submitting the lowest responsive Offer and that any and all lower Offerors are ineligible to receive Contract award.

C.19 RESPONSE TO INTENT-TO-AWARD PROTESTS

DAS will respond in Writing to Intent-to-Award protests submitted by adversely-affected or aggrieved Offerors. DAS may also respond to Intent-to-Award protests submitted by other Offerors for purposes of clarification. However, any response provided by DAS is not intended to, and shall not in and of itself, constitute confirmation that the Offeror 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 (7) calendar-day Intent-to-Award protest period in Section C.18, and resolution of any protests received, DAS will proceed with final Contract award. (If DAS receives only one Bid, DAS may dispense with the Intent-to- Award protest period and proceed directly with award of a Contract.)

C.21 COMMENCEMENT OF WORK

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

C.22 REVIEW OF AWARDED BID FILES

Upon issuance of the Notice of Intent to Award, Bid files are public records and available for review at DAS by contacting the point of contact listed in Section C.1.1 of the ITB.

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

C.23.1 INSURANCE: The apparent successful Offeror must provide all required proofs of insurance to DAS within 10 calendar days of notification of Intent to Award. Failure to present the required documents within the 10 calendar-day period may result in Offer rejection. Offerors are encouraged to consult their insurance agent(s) about the insurance requirements identified in SGC-13 of Exhibit 7 - the Supplemental General Conditions, 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 DAS. DAS'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 Offeror must 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 STATE OF OREGON PERFORMANCE AND PAYMENT BONDS, EXHIBIT 3 AND EXHIBIT 4

RESPECTIVELY, ARE THE FORMS APPROVED AND REQUIRED TO BE USED FOR THIS ITB AND THE RESULTING

CONTRACT.

The apparent successful Offeror shall provide all required bonding to the point of contact identified in Section C.1.1 within ten (10) calendar days of notification of award. Failure to present the required documents within ten (10) calendar days may be grounds for award disqualification.

C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Offeror, if a Joint Venture or Partnership must provide a copy of the joint venture agreement or partnership agreement evidencing authority to Offer 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: This is a legislatively mandated requirement effective January 1, 2016. Prior to execution of the Contract, the apparent successful Offeror must submit to the point of contact listed in Section C.1.1 within (7) calendar days of notification of Intent to Award, a true and correct copy of an unexpired certificate, issued to the Offeror by the Oregon Department of Administrative Services under 2015 Oregon Laws, chapter 454, section 2. 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.

SECTION D - BID SECURITY REQUIREMENTS

D.1 Each Offer must 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 the Oregon Department of Administrative Services in an amount equal to ten percent (10%) of the total amount of the Offer.

D.2 Bidder must furnish Bid Security to DAS as security against the failure of the Bidder to comply with all requirements within the time frames established subsequent to notification of Intent to Award.

D.3 If the Bidder 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 the written notification of Intent to Award a Contract, then DAS may cash the check, draw under the letter of credit, or otherwise collect under the Bid security.

D.4 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.

SECTION E - PREVAILING WAGE RATE REQUIREMENTS

E.1 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 G.2.3 of the General Conditions.

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

E.2 This ITB and the resulting Contract are subject to the following Bureau of Labor and Industries (BOLI) wage requirements and the prevailing wages rates set forth in the following booklet, as amended, which is incorporated herein by reference with the same force and effect as though fully set forth herein, and is available at the following web link:

These BOLI wage rates are available online at:

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

NOTE: For Prevailing Wage Rates for Apprentices, the rates are no longer specifically listed on the BOLI website.

Apprentices must be paid the full fringe rate in those Regions where the appendix rate does not apply. However, if the book directs you to "See Appendix," and the worker is registered in a bona fide apprenticeship program, contact BOLI at

(971) 673-0839 or pwremail@boli.state.or.us for the applicable hourly fringe rate.

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

E.3 The Work will take place in Linn County, Region 2

SECTION F - FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

F.1 Pursuant to ORS 279C.370 and OAR 125-249-0360, Offerors are required to disclose information about certain first-tier subcontractors when DAS estimates the Contract value for a Public Improvement to be greater than $100,000.

Specifically, when the Contract amount of a first-tier subcontractor furnishing labor, or labor and materials, would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract in its Bid submission or within two (2) working hours after Bid Opening:

• The subcontractor's name,

• Dollar value and,

• The category of work that the subcontractor would be performing.

If the Offeror will not be using any subcontractors that are subject to the above disclosure requirements, the Offeror is required to indicate "NONE" on the Disclosure Form.

DAS MUST REJECT AN OFFER IF THE OFFEROR FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS

INFORMATION BY THE STATED DEADLINE.

F.2 Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers which are submitted by Bid Opening, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and shall not be considered for Contract award.

An Offeror shall submit the disclosure form required by OAR 125-249-0360 either in its Offer submission or within two (2) working hours after the Bid Opening Date. 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.

F.3 DAS shall obtain, and make available for public inspection via OregonBuys, the disclosure forms required by OAR 125-249-0360. DAS shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. DAS is not required to determine the accuracy or completeness of the information submitted.

Substitution of affected first-tier subcontractors shall be made only in accordance with ORS 279C.585.

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME: OCYCF Med/Dental Remodel________________________________________________

BID #: S-DASOBO-00001190 BID OPENING: Date: __________ Time: __________

This form must be completed and submitted to DAS by the Offeror via OregonBuys either in its Offer submission or within two (2) working hours after the Bid Opening Date Bid Opening.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF

NEEDED.)

SUBCONTRACTOR NAME CATEGORY DOLLAR

OF WORK VALUE

Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award.

Form submitted by

Printed Name: _________________________________________________

Signature: ____________________________________________________

Contact Name (if different): ______________________________________

Phone No.: ___________________________________________________

SECTION G – CONSTRUCTION CONTRACTORS BOARD (“CCB”) REGISTRATION REQUIREMENTS / ASBESTOS

ABATEMENT LICENSING REQUIREMENTS / JOINT VENTURE - PARTNERSHIP DISCLOSURE

G.1 CCB REQUIREMENTS

(1) Offerors must be licensed with the State of Oregon CCB prior to bidding on Public Improvement Contracts. FAILURE

TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION.

(2) All subcontractors participating in the Project must be similarly registered with the Construction Contractors Board at the time they propose to engage in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

Offerors MUST provide their Construction Contractors Board (ORS 701.055) registration number below:

CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: __________________

EXPIRATION DATE OF CCB NO.: __________________

G.2 ASBESTOS ABATEMENT LICENSING REQUIREMENTS

An asbestos abatement license under ORS 468A.720 will be required of the Contractor or its subcontractors.

G.3 JOINT VENTURE OR PARTNERSHIP DISCLOSURE

The Offeror MUST disclose whether the Offer is submitted by either a partnership or joint venture.

NO: ________ YES: _______

If yes, the Offeror shall provide the name of the contact person for the partnership or joint venturer.

Name: __________________________________________________________

SECTION H - ADDENDA ACKNOWLEDGEMENT

H.1 DAS reserves the right to make changes to the Invitation to Bid and the resulting Contract, by written Addenda, prior to the Bid Opening time and date. Addenda will be advertised on the OREGONBUYS System. DAS is not responsible for an Offerors failure to receive notice of Addenda if such are advertised in the foregoing manner. Addenda shall only be issued by DAS and upon issuance are incorporated into the Invitation to Bid or the resulting Contract.

H.2 By Offeror's signature in Section O it ACKNOWLEDGES, AGREES and CERTIFIES TO THE FOLLOWING:

If any Addenda are issued in connection with this ITB, Offeror has received and duly considered such Addenda, and has completed the blanks below identifying all Addenda issued and acknowledging and agreeing to the terms of all such Addenda as those terms revise the terms, conditions, Specifications, Plans, and Drawings of this ITB.

ADDENDA: No. to No. inclusive.

SECTION I - RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES & ESB UTILIZATION

The State reserves the right, pursuant to ORS 279C.375(3) and OAR 137-049-0390 to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Offeror's responsibility to perform the Contract.

Submission of a signed Offer shall constitute approval for the State to obtain any information the State deems necessary to conduct the evaluation. The State shall notify the apparent successful Offeror, in Writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; material; equipment; facility and personnel information; performance record of Contract performance; etc. Failure to promptly provide this information shall result in Offer rejection. The State may postpone the award of the Contract after announcement of the apparent successful Offeror in order to complete its investigation and evaluation. Failure of the apparent successful Offeror to demonstrate responsibility, as required under ORS 279C.375(3) and OAR 137-049-0390, shall render the Offeror non-responsible and shall constitute grounds for Offer rejection, as required under ORS 279C.375(3) and OAR 137-049-0440.

1. OFFEROR INFORMATION

Business Name: __________________________________________________________________ Owner(s) Name: __________________________________________________________________ Business Address:

Telephone Number: ____________________________Fax No.: ____________________________ Email Address: ___________________________________________________________________ Number of Full-Time Employees: __________________

Name of Public Works Bonding Company: __________________________________________

Address of Public Works Bonding Company:…