ITB for PI/PW - Oregon
NOTE: Public entities utilizing this document for solicitation and award purposes must obtain any and all applicable approvals, including but not limited to the Department of Justice for legal sufficiency approval.
NOTE: Yellow highlighted provisions in this ITB template indicate an area of the template that will need to be completed for each individual project ITB that uses this template, or they reflect general drafting notes to the personnel who are using the template.
NOTE: Green highlighted provisions indicate optional provisions that may or may not be needed for an individual project ITB that is based on this template.
State of Oregon
Invitation to Bid
OregonBuys Bid Number ____________ [NOTE: Insert OregonBuys Bid Number]
[Insert Project Title]
[pic]
Bid Opening Date & Time (“Bid Opening Date”)
Date, 202?, TIME:_00 PM (Pacific)
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 the ITB, forms, Specifications, Plans, bidding process, change, clarification, the award process, protests and any other issues must be directed to the Purchaser/SPC:
____________________
____________@das.
1225 Ferry St SE
Salem OR 97301
___-___-____
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.
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 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
ATTACHMENT A SPECIFICATIONS
ATTACHMENT B PLANS
[ATTACHMENT C REQUIRED FEDERAL TERMS AND CONDITIONS]
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.
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. [NOTE: Add any key definitions used in OregonBuys that are needed to clarify terms used in this ITB.]
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 Offerors in accordance with OAR 125-249-0250(2). The plural form of “Addendum” is “Addenda.”
B.0.2 "Agency" means the [Drafter will insert the State Agency for whom they intends to obtain a Contract for a Public Improvement Contract]
B.0.3 "Bid" (referred to as “Quote” in OregonBuys) 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.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 "DAS" means the Oregon Department of Administrative Services, acting through its Enterprise Goods and Services Division, Procurement Services.
B.0.7 "Invitation to Bid" or "ITB" means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.
B.0.8 "Opening" means the date/time set to read the Bid submittals.
B.0.9 OregonBuys means the on-line electronic Oregon Automated Procurement System administered by DAS. The OregonBuys System website is located at: [drafter to update as needed]
B.0.10 "Plan Center" means organizations and business locations where Bidders may view, download or purchase copies of all documents relating to the ITB.
B.0.11 “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.0.12 "State" means the State of Oregon.
B.0.13 “Writing” means letters, characters and symbols inscribed on paper by hand, print, type or other method of impression, intend to represent or convey particular ideas or meanings. “Writing” when required or permitted by law, or required or permitted in a Solicitation Document, also means letters, characters and symbols made in electronic form and intended to represent or convey particular ideas or meanings.
SECTION C - GENERAL BIDDING INFORMATION; OREGONBUYS REQUIREMENTS; INSTRUCTIONS TO OFFERORS
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.0.3 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. DAS reserves the right to reject any Bid that is unreadable.
DAS reserves the right to request that the apparent successful Bidder promptly submit its complete original signed Bid to DAS, 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, DAS 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.0.3.5. By submitting a Bid in response to this ITB, the Bidder (and if selected for award, also as the Contractor) agrees with DAS 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: . For registration assistance see vendor registration guidance.
Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. DAS and Agency shall not be responsible for defective registration or incorrect vendor information.
C.0.4.2 CROSSWALK of TERMS
|Terms used in OregonBuys |Definition |
|Amendment |“Addendum” or “Addenda”, as defined in OAR 125-246-0110(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 125-246-0110(25). 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 125-246-0110(98) 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 |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: . 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.
C.0.6 ITB PURPOSE; PROJECT COST ESTIMATE; KEY PROJECT DATES; GENERAL PROJECT DESCRIPTION
ITB PURPOSE :
The purpose of this ITB is to _______________________________________________________________________.
The work 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.
PROJECT COST ESTIMATE:
The following range is a Project estimate for bonding purposes: $_________ to $____________.
KEY PROJECT DATES:
PROJECT START DATE: insert hard date or __ calendar days from issuance of Notice to Proceed.
SUBSTANTIAL COMPLETION: Insert hard date or ___ calendar days from issuance of Notice to Proceed.
FINAL COMPLETION: Insert hard date or___ calendar days from Issuance of Notice to Proceed.
GENERAL PROJECT DESCRIPTION The scope of the Project includes, but may not be limited to, the following:
1. ______________________________________________.
2. ______________________________________________.
3. ______________________________________________.
C.1 INSTRUCTIONS TO OFFERORS
[Drafter selects from one of the following]
Drafter will select from these Prebid-conference/site access options based upon project need.
C.1.0 PRE-BID CONFERENCE:
C.1.0.1 There is no pre-bid conference for this project.
OR
C.1.0 VOLUNTARY PRE-BID CONFERENCE (POST COVID):
C.1.0.1 A pre-bid conference will be held on [Insert date and time] (Pacific), located at [Insert location].
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 DAS and advertised on the OregonBuys System.
BIDDERS ARE NOT REQUIRED TO ATTEND THIS VOLUNTARY PRE-BID CONFERENCE, BUT WITH THE COMPLEXITY OF THIS PROJECT IT IS STRONGLY RECOMMENDED THAT BIDDERS OR THEIR REPRESENTATIVE ATTEND.
OR
C.1.0 VOLUNTARY PRE-BID CONFERENCE (ELECTRONIC):
C.1.0.1 A voluntary pre-bid conference will be held on [Insert date and time] (Pacific). The pre-bid conference will be conducted electronically, via “Teams” virtual audio/visual meeting. Interested parties wishing to attend the online conference must use this link to join the meeting (insert link) or alternatively by phone at (number from meeting appointment, with PIN), using the PIN, #XXXXXXX.
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 DAS and advertised on the OregonBuys.
BIDDERS ARE NOT REQUIRED TO ATTEND THIS VOLUNTARY PRE-BID CONFERENCE. HOWEVER, WITH THE COMPLEXITY OF THIS PROJECT, IT IS STRONGLY RECOMMENDED THAT BIDDERS OR THEIR REPRESENTATIVES ATTEND.
OR
C.1.0 VOLUNTARY PRE-BID CONFERENCE(S) (IN-PERSON; WITH SOCIAL DISTANCING AND EXECUTIVE ORDER COMPLIANCE):
C.1.0.1 A voluntary pre-bid conference, or multiple pre-bid conferences as described below, will be held on [Insert date(s)] between [insert time range – 9 am – 5 pm?] at [Insert location].
In response to the Governor’s Executive Orders pertaining to the Coronavirus (“COVID-19”), including, but not limited to, EO 20-12 and EO 21-29, as amended, supplemented or extended, which involve workplace restrictions, social distancing requirements and vaccination requirements, DAS will be scheduling appointments for the voluntary pre-bid conference(s) with all interested parties. Interested parties must contact the DAS Purchaser/SPC listed in Section C.1.1.1 by [Insert date and time] to schedule an appointment. Appointments will not be scheduled after the date and time range noted above, unless changed by Addendum. To comply with the Governor’s Executive Orders regarding COVID-19, 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.
No more than X representative(s) from each interested party will be allowed on-site for each scheduled appointment. Interested parties with more than X representatives will need to schedule additional appointments. All interested party representatives must comply with the requirements of EO 20-12, EO 21-29 and all other Governor’s Executive Orders pertaining to COVID-19 during these appointments.
C.1.0.2 Any statements made at the pre-bid conference(s)will not change the Plans, Specifications, other Contract Documents or other provisions/requirements of this ITB, unless an Addendum has been issued from DAS and advertised on OregonBuys identifying any such change.
BIDDERS ARE NOT REQUIRED TO ATTEND THE VOLUNTARY PRE-BID CONFERENCE(S), BUT WITH THE COMPLEXITY OF THIS PROJECT IT IS STRONGLY RECOMMENDED THAT BIDDERS OR THEIR REPRESENTATIVE ATTEND.
OR
C.1.0 MANDATORY PRE-BID CONFERENCE (POST COVID):
C.1.0.1 A mandatory pre-bid conference will be held on [Insert date and time] (Pacific), located at [Insert location].
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 DAS and advertised on the OregonBuys System.
BIDDERS ARE REQUIRED TO ATTEND THIS MANDATORY PRE-BID CONFERENCE, DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS WILL ONLY BE EVALUATED FROM BIDDERS WHO REGISTERED AND ATTENDED THE MANDATORY PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE CONSIDERED NON-RESPONSIVE.
OR
C.1.0 MANDATORY PRE-BID CONFERENCE (ELECTRONIC)
C.1.0.1 A mandatory pre-bid conference will be held on [Insert date and time] (Pacific). The pre-bid conference will be conducted electronically, via “Teams” virtual audio/visual meeting. Interested parties wishing to attend the online conference must use this link to join the meeting (insert link) or alternatively by phone at (number from meeting appointment, with PIN), using the PIN, #XXXXXXX.
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 DAS and advertised on the OregonBuys System.
All attendees must be in attendance of the online conference by [Insert date and time] (Pacific)in order to meet the mandatory attendance requirement, with no exceptions. Requests to enter the online meeting after that time will be rejected.
Representatives participating in the conference will be asked to include their name and the company they are representing in the “chat” box to confirm their attendance. Participants calling in to the conference by telephone will be asked their name and the company that they are representing, and an Agency representative will add that information to the chat box. This procedure is in lieu of the traditional sign-in procedure and Proposers are responsible for ensuring that they sign into the conference correctly.
BIDDERS ARE REQUIRED TO ATTEND THE MANDATORY PRE-BIDCONFERENCE, DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS WILL ONLY BE EVALUATED FROM BIDDERS WHO ATTENDED THE MANDATORY PRE-BID CONFERENCE, AND ALL OTHER BIDS WILL BE CONSIDERED NON-RESPONSIVE.
OR
C.1.0 MANDATORY PRE-BID CONFERENCE(S) (IN-PERSON; WITH SOCIAL DISTANCING AND EXECUTIVE ORDER COMPLIANCE):
C.1.0.1 A mandatory pre-bid conference, or multiple pre-bid conferences as described below, will be held on [Insert date(s)] between [insert time range – 9 am – 5 pm?] at [Insert location].
In response to the Governor’s Executive Orders pertaining to COVID-19 (including, but not limited to, EO 20-12 and EO 21-29, as amended, supplemented or extended), which involve workplace restrictions, social distancing requirements and vaccination requirements DAS will be scheduling appointments for the mandatory pre-bid conference(s) with all interested parties. Interested parties must contact the DAS Purchaser/SPC listed in Section C.1.1.1 by [Insert date and time] to schedule an appointment. Appointments will not be scheduled after that date and time, unless changed by Addendum.
To comply with the Governor’s Executive Orders regarding COVID-19, 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.
No more than X representative(s) from each interested party will be allowed on-site for each scheduled appointment. Interested parties with more than X representatives will need to schedule additional appointments. All interested party representatives must comply with the requirements of EO 20-12, EO 21-29 and all other Governor’s Executive Orders pertaining to COVID-19 during these appointments.
C.1.0.2 Any statements made at the pre-bid conference appointments will not change the Plans, Specifications, other Contract Documents or other provisions/requirements of this ITB, unless an Addendum has been issued from DAS and advertised on the OregonBuys System identifying any such change.
BIDDERS ARE REQUIRED TO ATTEND THE MANDATORY PRE-BIDCONFERENCE(S), DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE. BIDS WILL ONLY BE EVALUATED FROM BIDDERS WHO ATTENDED THE MANDATORY PRE-BID CONFERENCE(S), AND ALL OTHER BIDS WILL BE CONSIDERED NON-RESPONSIVE.
(Use the following for sites that do not have public access added on an as-needed basis)
C.1.0.2/C.1.0.3 SITE ACCESS: Additional site access (will be will not be) provided to allow Bidders access to the site(.)
If allowed, Option 1: on [Insert date and time] (Pacific). This date is solely for the purpose of allowing Bidders additional time to view the site conditions. The Owner will/will NOT have a representative at the site to answer questions. Interested parties attending site visits must sign in, provide the name of the represented Bidder/entity and the name and position of the representative in attendance. THIS VIEWING WILL NOT SUBSTITUTE FOR ATTENDANCE AT ANY MANDATORY PRE-BID MEETING. (NOTE: OAR 125-246-0635 requires, in part, as follows: “During this phase, telephone conversations and meetings must be documented in the Procurement File.”)
OR
If allowed, Option 2: by appointment only. Interested parties must contact (name) to schedule a site examination visit at (telephone number) or (email address). . Interested parties attending site visits are required to sign in. THIS VIEWING WILL NOT SUBSTITUTE FOR ATTENDANCE AT ANY MANDATORY PRE-BID MEETING. (NOTE: OAR 125-246-0635 requires, in part, as follows: “During this phase, telephone conversations and meetings must be documented in the Procurement File.”)
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 [Insert name of contact] at (???) ???-????, and e-mail [Insert e-mail address].
C.1.1.2 The contact point for requests for brand approval, or substitution requests is [Insert name of contact] at (???) ???-????, and e-mail [Insert e-mail address].
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.
[Drafter will insert here information for Engineers/Consultants or delete based on need for this information in the solicitation]
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 Offerors. Offerors 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 & 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 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 Offeror. All costs of these documents are at Offeror’s expense. Terms of 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.
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. Offerors should consult the OregonBuys System regularly until the Bid Opening Date to avoid missing any Addenda.
C.1.4 BID HOLDERS LIST:
To be included on the Bid Holders List, interested parties must be registered on OregonBuys. Suppliers can register in Oregon Buys at:
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 by appointment 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 BID HOLDERS LIST. See Section C.1.4.
[Drafter will select the Plan Centers by the Region (using the ODOT Region map) that matches the location of the project.]
REGIONS 1 & 2
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
OR - REGION 3
Bay Area Plan Exchange, 2744 Woodland Dr., PO Box 122, Coos Bay, OR 97420
Daily Journal of Commerce Plan Center, 921 SW Washington St., Ste. 210 Portland OR 97205
Douglas County Plan Center, 3076 NE Diamond Lake Blvd, Roseburg, OR 97470
Eugene Builder's Exchange, 2460 W 11th Street Eugene, OR 97402
OAME, 4134 N. Vancouver Ave Portland, OR 97217
Klamath Builders Exchange, 724 Main St., Rm. 214, Klamath Falls, OR 97601
McGraw Hill Construction Dodge, 3461 NW Yeon, Portland, OR 97210
Medford Builder's Exchange, 701 E. Jackson St., Medford, OR 97504
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
OR - REGION 4
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
Douglas County Plan Center, 3076 NE Diamond Lake Blvd, Roseburg, OR 97470
Eugene Builder's Exchange, 2460 W 11th Street Eugene, OR 97402
OAME, 4134 N. Vancouver Ave Portland, OR 97217
Klamath Builders Exchange, 724 Main St., Rm. 214, Klamath Falls, OR 97601
McGraw Hill Construction Dodge, 3461 NW Yeon, Portland, OR 97210
Medford Builder's Exchange, 701 E. Jackson St., Medford, OR 97504
Oregon Contractor Plan Center, 14625 SE 82nd Dr., Clackamas, OR 97015
Salem Contractors Exchange, 2256 Judson St SE, Salem, OR 97302
Willamette Valley Home Bid Center 32054 Old Hwy 34, PO Box 440 Tangent, OR 97389
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 Offeror submits in response to the ITB that Offeror considers a trade secret under Oregon Revised Statutes (“ORS”) 192.345 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, or otherwise exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.513, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 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 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 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:
C.1.7.2 OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES ADMINISTRATIVE RULES – (OAR Chapter 125, Divisions 246 and 249 and 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:
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, 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" 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 in 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.
DAS 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 Writing and marked as follows:
Bid Request for:
Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest of ITB Provisions
ITB Number
Bid Opening Date
and must be received by the appropriate point of contact as identified in Section C.1.1 and in OregonBuys by [INSERT TIME] P.M. (Pacific time) on [SPECIFY DATE]. 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 "APPROVED EQUAL" OR AN "APPROVED EQUIVALENT": Pursuant to Section C.1.8.3, Offerors shall provide that 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 or OregonBuys 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 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 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, Plans, Specifications, or Contract Documents or has doubt as to the meaning, shall make a request for clarification in Writing, via email or OregonBuys 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 OR SPECIFICATIONS OR PLANS: Any Offeror may submit a request for changes to contractual terms, Plans, or Specifications, in Writing via email or OregonBuys, 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 Offeror who believes contractual terms, Plans, or Specifications are unnecessarily restrictive or limit competition may submit a protest, in Writing via email or OregonBuys, 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 Offeror if the protest is not granted, and any proposed changes.
C.2.7 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in Writing, or included in an Addendum as a "clarification," do not change Plans, Specifications, contractual terms, or procurement requirements of 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, 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.
HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDA ISSUED BY DAS AND POSTED ON THE OregonBuys SYSTEM.
DAS may post question and answer documents on OregonBuys to respond to inquiries when DAS 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. DAS will not consider requests or protests of matters not added or modified each specific Addendum.
C.4 OFFER FORMAT
C.4.1 SIGNATURE 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, 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 Offeror submits that is not required to be included on forms prescribed by DAS shall be formatted in the manner called for in this 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 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;
➢ 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
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 or Plans attached to the Bid documents.
C.4.5.2 Offerors may not modify Offers after the Bid Opening Date.
C.5 OFFER SUBMISSION
C.5.1 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:
C.6 OFFER 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 (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 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.
DAS will hold the public Bid Opening through electronic means. 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 Microsoft Teams meeting will be held at [Insert Time] PM for the Bid Opening following the specific time included in the Bid Opening Date. Be sure to have MS Teams access available on your computer or mobile phone and follow the following link [Insert Link], or via telephone at (number), using PIN (enter pin).
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 [Drafter will choose thirty (30) or sixty (60), ninety (90) or one-hundred twenty (120)] calendar days from the Bid Opening Date.
C.10 EXTENSION OF TIME FOR OFFER ACCEPTANCE
DAS may request, orally or in Writing, that Offeror 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.
[Drafter will select from one of the following award methods]
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.
OR
C.11.1 METHOD OF BID AWARD: Award will be made to the responsible Bidder submitting the lowest total for a responsive BASE BID and all ALTERNATES listed. The State reserves the right to award the BASE BID only, BASE BID and any ALTERNATES [1 through ?] listed, and to reject all Bids.
OR
C.11.1 METHOD OF BID AWARD: A contract will be awarded by geographical area, as described in this ITB, to the responsible Bidder submitting a responsive Bid for the lowest price for the item and service required. The State reserves the right to withdraw any or all item(s), or geographical area from award if it is in the best interest of the State to do so, and to reject all Bids.
OR
C.11.1 METHOD OF BID AWARD: Award will be made to the responsible Bidder submitting the lowest total responsive Bid for the items listed. The State reserves the right to award any or all items listed, and to reject all Bids.
OR
C.11.1 METHOD OF BID AWARD: Award will be made to the responsible Bidder submitting the lowest total for a responsive BASE BID and ALTERNATES selected for award. The State reserves the right to award any or all ALTERNATES listed, and 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 not otherwise disqualified. (Refer to OAR 125-249-0390) Adjustments made to account for reciprocal preferences will be for Offer evaluation purposes only. No such adjustments shall 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.
As a particular matter of responsiveness Bidder shall not make the Bid contingent upon DAS or the Agency’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, DAS will evaluate whether the apparent successful Offeror meets the applicable standards of responsibility identified in ORS 279C.375(3) and OAR 125-249-0390. 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 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, 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 125-246-0300, 125-246-0310, and 125-249-0390).
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 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 125-249-0440.
C.17 INTENT-TO-AWARD ANNOUNCEMENT
DAS reserves the right to announce its intent to award prior to formal Contract award by letter posted on the OregonBuys System("Intent-to-Award Announcement"), pursuant to ORS 279C.375. 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 shall have [Drafter will insert the # of days (??)] calendar days from the date of the Intent-to-Award Announcement within which 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 Offeror, the Offeror must claim to be eligible for award of the Contract as the responsible Offeror submitting the lowest responsive Offeror and that any and all lower Offerors are ineligible to receive Contract award.
C.18.2 An actual Offeror who is adversely affected or aggrieved by the award of the Contract to another Offeror 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
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 [Drafter will insert the # of days (??)] calendar-day intent-to-award protest period, and resolution of all protests, DAS will proceed with final award. If DAS receives only one Bid, DAS 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 at DAS by appointment during regular business hours (Monday through Friday) or through other parallel arrangements, and as otherwise prescribed by applicable legal requirements.
C.23 INFORMATION TO BE SUBMITTED BY THE APPARENT SUCCESSFUL OFFEROR
C.23.1 INSURANCE: The apparent successful Offeror shall provide all required proofs of insurance to DAS within [Drafter will insert the # of days (??)] calendar days of notification of intent to award. Failure to present the required documents within the [Drafter will insert the # of days (??)] calendar-day period may result in Offer rejection. Offerors are encouraged to consult their insurance agent(s) about the insurance requirements as identified in Section G.3 of the General Conditions and the Supplemental General Conditions in Exhibit 7 prior to Offer submission.
Offerors must satisfy these insurance requirements by obtaining insurance coverage from insurance companies or entities acceptable to State that are allowed to provide such insurance under Oregon law. Eligible insurers include admitted insurers that have been issued a certificate of authority from the Oregon Department of Consumer and Business Services authorizing them to 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 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 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 DAS 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 Offeror shall provide all required bonding to the Department of Administrative Services within [Drafter will insert # of days (??)] calendar days of notification of award. Failure to present the required documents within [Drafter will insert # of days (??)] calendar days may be grounds for award disqualification.
C.23.3 JOINT VENTURE/PARTNERSHIP INFORMATION: The apparent successful Offeror, if a Joint Venture/Partnership shall 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: Prior to execution of the Contract, the apparent successful Offeror must submit to DAS within [Drafter will insert the # of days (??)] 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 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.
DRAFTER’S NOTE: This is a draft provision that was developed from a draft provision prepared by the DAS work group set up to implement the Governor’s Executive Order EO 17- 09, related to collection of debt owed to the State of Oregon by contractors doing business with the State. For the time being, this provision is no longer being actively used [as of the writing of this Note on 12-6-2018] because of the DOR’s inability to administratively support this provision. It is retained here for future revision, as needed, and use.]
C.23.5 LETTER OF DEBT COMPLIANCE: Oregon Department of Revenue ("DOR") Letter of Debt Compliance: Prior to award, the apparent successful Bidder must submit a letter from the DOR dated within 6 months of issuance of this ITB that details the Bidder's State debt status. To obtain the letter, please see the following website: . DAS PS may use this letter to determine the Bidder's Responsibility. If the letter shows non-compliance, the Bidder may contact the DOR at : 503 378-4988, for information on becoming compliant. DAS PS may reject the Bidder's Bid if the Bidder has liquidated and delinquent debt owed to the State or any department or agency of the State.
SECTION D - BID SECURITY REQUIREMENTS
D.0 Each Offer 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 the Oregon Department of Administrative Services in an amount equal to ten percent (10%) of the total amount of the Offer.
D.1 Bid security shall be furnished 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.2 If the Bidder fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, and (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, pursuant to ORS 279C.385.
D.3 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 submitted via upload in OregonBuys.
D.4 Each Bidder must provide a fully-executed electronic copy of the bid security with the Offer (whether in the form of a certified check, cashier's check, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or Bid Bond). Within five (5) [NOTE: If the project schedule requires it, this time period can be shortened, as directed by management.] business days of the Bid Opening Date, each Bidder must deliver the original bid security document to DAS, in order for the Bidder’s Offer to be responsive to this ITB.
SECTION E - BOLI PREVAILING WAGE RATE REQUIREMENTS
E.0 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 shall 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.1 This ITB and the resulting Contract are subject to the following BOLI prevailing wage rate 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:
Note to User: Use the following reference when federal funds are not used on the project. Review the BOLI website prior to release and update as necessary.
Prevailing Wage Rates for Public Works Contracts in Oregon, issued _________ [, as amended on __________].
Prevailing Wage Apprenticeship Rates for Public Works Contracts in Oregon, issued _________ [as amended on _______].
These BOLI wage rates are available on line at:
[Note to User: verify this link prior to release and update as neccessary.]
[Note to User: include the following reference when federal funds are used on the project and the federal Davis-Bacon Act and Related Acts require the payment of federal prevailing wage rates on the project.]
Because the project involves federal funds, this ITB and the resulting Contract are subject to federal Davis-Bacon Act and Related Acts requirements, in addition to BOLI requirements. The Contractor shall pay the higher of the BOLI wage rates and fringe benefits, as identified in the above BOLI wage rate booklet, or the federal wage rates and fringe benefits listed in the publication “General Wage Determinations Issued Under the Davis-Bacon and Related Acts” that is last published prior to the Bid Closing date set forth in this ITB. Bidders may obtain the applicable federal rates through the following U.S. Department of Labor link: . Bidders are advised that federal Davis-Bacon rates may be amended at any time prior to the Bid Opening Date and that contractors remain responsible for meeting federal Davis-Bacon Act and Related Acts requirements and State of Oregon prevailing wage rate requirements.
E.2 The Work will take place in [Insert County] County, Region [Insert Region]
SECTION F - FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM
(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 the Bid Opening Date:
(a) The subcontractor's name,
(b) Dollar value and,
(c) 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.
(2) 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, 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.”]
Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers which are submitted by the Bid Opening Date, but for which the disclosure forms have not been made by one of the two (2) alternative deadlines, are not responsive and shall not be considered for Contract award.
(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: ________________________________________________________
BID #: ______________________ BID OPENING: Date: __________ Time: __________
This form must be completed and submitted to DAS by the Offeror with the Offer by the Bid Opening Date or within two working hours after the advertised Bid Opening Date.
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 one of the two alternative disclosure deadlines will result in a nonresponsive bid. A nonresponsive bid will not be considered for award.
Form submitted by (bidder name):__________________________________________________
Contact name: ______________________________ Phone no.:_________________________
SECTION G - CCB REGISTRATION REQUIREMENTS / ASBESTOS ABATEMENT LICENSING REQUIREMENTS / JOINT VENTURE - PARTNERSHIP DISCLOSURE
G.0 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) Each subcontractor participating in the project must be similarly registered with the Construction Contractors Board before each subcontractor commences Work under the Contract. 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.1 ASBESTOS ABATEMENT LICENSING REQUIREMENTS
An asbestos abatement license under ORS 468A.720 [will/will not] be required of the Contractor or its subcontractors.
G.2 JOINT VENTURE/PARTNERSHIP DISCLOSURE
The Offeror shall 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
(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 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.
(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, Plans and Specifications of this ITB.
ADDENDA: No. to No. inclusive.
SECTION I - RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES & CERTIFIED SUBCONTRACTORS
The State reserves the right, pursuant to ORS 279C.375(3) and OAR 125-249-0390 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 125-249-0390, shall render the Offeror non-responsible and shall constitute grounds for Offer rejection, as required under ORS 279C.375(3) and OAR 125-249-0440.
1. OFFEROR INFORMATION
Business Name: __________________________________________________________________
Owner(s) Name: __________________________________________________________________
Business Address:
______________________________________________________________________
______________________________________________________________________
Telephone Number: ____________________________Fax No.: ____________________________
Email Address: ___________________________________________________________________
Name of Public Works Bonding Company: __________________________________________
Address of Public Works Bonding Company:_________________________________________
(street)
________________________________________
(city, state, zip)
Agent Name:
Phone: _____________________________ Email Address:
Public Works Bond Number: _____________________________________________________
2. OFFEROR REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE
[Drafter will select from one of the following]
Offeror shall provide a list of three different project references with the Offer that can be contacted regarding the quality of workmanship and service the Offeror provided on projects of comparable size and scope. Offeror shall submit this information using the form provided in this section or may use the Offeror’s form. The list of three different project references shall include the following information.
Project Reference #1
Name of Project: ______________________________________________________________
Project Location: ______________________________________________________________
Project Date: _________________________________________________________________
Firm Name for Contact Person #1: ________________________________________________
Name of Contact Person #1: _____________________________________________________
Telephone Number for Contact Person #1: __________________________________________
E-mail address for Contact Person #1: ________________________________________________
Firm Name for Contact Person #2: ________________________________________________
Name of Contact Person #2: _____________________________________________________
Telephone Number for Contact Person #2: __________________________________________
E-mail address for Contact Person #2: ________________________________________________
Project Reference #2
Name of Project: ______________________________________________________________
Project Location: ______________________________________________________________
Project Date: _________________________________________________________________
Firm Name for Contact Person #1: ________________________________________________
Name of Contact Person #1: _____________________________________________________
Telephone Number for Contact Person #1: __________________________________________
E-mail address for Contact Person #1: ________________________________________________
Firm Name for Contact Person #2: ________________________________________________
Name of Contact Person #2: _____________________________________________________
Telephone Number for Contact Person #2: __________________________________________
E-mail address for Contact Person #2: ________________________________________________
Project Reference #3
Name of Project: ______________________________________________________________
Project Location: ______________________________________________________________
Project Date: _________________________________________________________________
Firm Name for Contact Person #1: ________________________________________________
Name of Contact Person #1: _____________________________________________________
Telephone Number for Contact Person #1: __________________________________________
E-mail address for Contact Person #1: ________________________________________________
Firm Name for Contact Person #2: ________________________________________________
Name of Contact Person #2: _____________________________________________________
Telephone Number for Contact Person #2: __________________________________________
E-mail address for Contact Person #2: ________________________________________________
OR
References for comparable projects in size and scope: Offeror shall provide a list of three different project references of projects that Offeror worked on within the last three years of comparable size and scope. Only Contractors that have experience on projects similar in both size and complexity within the last three (3) years will be considered for this project.
Offerors will use their own form to supply their list of references. The list of three different project references shall include the following information:
Name of Project
Project Location
Project Date
Firm Name for Contact Person #1
Name of Contact Person #1
Telephone Number for Contact Person #1
E-mail address for Contact Person #1
Firm Name for Contact Person #2
Name of Contact Person #2
Telephone Number for Contact Person #2
E-mail address for Contact Person #2
The references are required to allow DAS to determine if the references are supportive of the Offeror’s ability to meet the requirements of this ITB.
Offeror must provide references that can be contacted regarding the quality of workmanship and service provided to current and past customers.
The State reserves the right to choose and investigate any reference whether or not furnished by the Offeror, and to investigate past performance of any Offeror with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of service on schedule, and its lawful payment of suppliers, subcontractors, and employees.
The State may postpone the award or execution of the Contract after the announcement of the apparent successful Offeror in order to complete its investigation. The State may reject a bid if, the opinion of the State, overall reference responses indicate inadequate performance.
The State will make three attempts to contact the references from the list provided by the Contractor.
Each reference contacted will be asked the same questions, including but not limited to the above factors, including: (1) quality of service; (2) delivery; (3) responsiveness to reported problems, including orders and billing; (4) how well Contractor met the terms of the contract; and (5) whether the reference would choose to hire the Contractor again.
Contractor’s supervisor who is overseeing the work shall have experience on projects similar in both size and complexity and submit with the bid, references for three projects that were performed within the last three (3) years.
References provided for the Contractor’s supervisor may be the same three (3) references that are provided for the Contractor.
The list of references will include the following information:
Name of Project
Project Location
Project Date
Firm Name for Contact Person #1
Name of Contact Person #1
Telephone Number for Contact Person #1
E-mail address for Contact Person #1
Firm Name for Contact Person #2
Name of Contact Person #2
Telephone Number for Contact Person #2
E-mail address for Contact Person #2
Offeror must provide references with the Bid that can be contacted regarding the quality of workmanship and service that the Contractor’s supervisor provided on current and past projects of similar size and complexity.
3. SUBCONTRACTORS CERTIFIED UNDER ORS 200.055
Offeror will provide the company name(s) of any subcontractor certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, an emerging small business, or a business that a service-disabled veteran owns, that Offeror intends to utilize in the performance of this Contract.
Name:_______________________________________________________
Name:_______________________________________________________
Name:_______________________________________________________
Name:_______________________________________________________
Name:_______________________________________________________
Note : Include the highlighted language if the contract specifications include demolition work.
SECTION J - RECYCLED PRODUCTS; DEMOLITION WORK
Vendors shall use recyclable materials to the maximum extent economically feasible in the performance of the Contract Work set forth in this document. ORS 279A.010(ii) provides as follows: "'Recycled product' means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of total weight consisting of post-consumer waste. 'Recycled product' also includes any product that could have been disposed of as a solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product's form."
ORS 279A.010(u) provides as follows: "'Post-consumer waste' means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. 'Post-consumer waste' does not include manufacturing waste."
ORS 279A.010(jj) provides as follows: "'Secondary waste materials' means fragments of products of finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process. For paper, 'secondary waste materials' does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust, or other wood residue from a manufacturing process."
ORS 279A.010(hh) provides as follows: "'Recycled PETE” means post-consumer polyethylene terephthalate material."
Because this Contract includes demolition work, as required by ORS 279C.510(1), the Contractor shall salvage or recycle construction and demolition debris, if feasible and cost-effective.
By my Signature in Section O, I, the undersigned duly authorized representative of the Offeror, hereby affirm that Offeror will comply with the above recycled products provisions and demolition work provisions.
SECTION K - RESIDENCY INFORMATION
OAR 125-249-0390 states "In determining the lowest responsive Bid, the State must add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides."
"Resident Bidder" means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a "resident Bidder".(OAR 125-246-0110)
"Non-resident Bidder" means a Bidder who is not a "resident Bidder" as defined above. (OAR 125-246-0110)
a. Check one: Bidder is a (___) Resident Bidder
(___) Non-resident Bidder
b. If a Resident Bidder, enter your Oregon business address: ____________________________________
____________________________________
c. If a Non-resident Bidder, enter state of residency: ___________________________________________
FOREIGN CONTRACTOR: If the amount of the Contract exceeds ten thousand dollars ($10,000), and if Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. The State shall be entitled to withhold final payment under the Contract until Contractor has met this requirement.
SECTION L - CERTIFICATION OF COMPLIANCE WITH TAX LAWS
By my Signature in Section O of this Contract, I, hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws. For 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, ORS Chapters 118, 314, 316, 317, 318, 321 and 323; and local taxes administered by the Oregon Department of Revenue under ORS 305.620.
Any violation of the successful Contractor's Tax Compliance Certification immediately above (that the Contractor has complied with the Oregon Tax Laws) will also constitute a material breach of the resulting Contract. Any material breach of the resulting Contract entitles the Owner to pursue and recover any and all of its available remedies at law or in equity that arise from the breach, including, but not limited to, recovery of damages, the termination of the Contract, and the exercise of the right of setoff, garnishment if applicable and the withholding of amounts otherwise due and owing to the Contractor without penalty.
SECTION M - CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS
(1) Pursuant to OAR 125-249-0200, the Offeror certifies by its Signature on these solicitation document forms that it has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following:
(a) A written employee drug testing policy, (b) Required drug testing for all new Subject Employees or, alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and (c) Required testing of a Subject Employee when the Offeror has reasonable cause to believe the Subject Employee is under the influence of drugs.
(2) A drug testing program that meets the above requirements will be deemed a "Qualifying Employee Drug Testing Program." An employee is a "Subject Employee" only if that employee will be working on the Project job site.
(3) If awarded a Public Improvement Contract as a result of this solicitation, Offeror agrees that at the time of Contract execution it shall represent and warrant to the Agency that its Qualifying Employee Drug Testing Program is in place and will continue in full force and effect for the duration of the Public Improvement Contract. The Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment) shall be contingent on Contractor's compliance with this representation and warranty.
(4) If awarded a Public Improvement Contract as a result of this solicitation, Offeror also agrees that at the time of Contract execution, and as a condition to Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment), it shall require each subcontractor providing labor for the Project to:
(a) Demonstrate to the Contractor that it has a Qualifying Employee Drug Testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug Testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or (b) Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug Testing Program for the duration of the subcontract.
SECTION N - CERTIFICATION OF COMPLIANCE WITH NON-DISRIMINATION LAWS
By my Signature in Section O of this ITB, I certify that I am authorized to act on behalf of the Bidder in this matter and that the Bidder has not discriminated and will not discriminate against any disadvantaged business enterprise, minority-owned business, women-owned business, emerging small business, or business that a service-disabled veteran owns (as those terms are defined in ORS 200.005), in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification.
By my Signature in Section O of this ITB, I also hereby certify that I am authorized to act on behalf of the Bidder in this matter and certify that the Bidder has a written policy and practice that meets the requirements described in ORS 279A.112 for preventing sexual harassment, sexual assault and discrimination against employees who are members of a “protected class,”. The Bidder’s policy and practice must include, but not be limited to, giving employees a written notice of the policy that both prohibits and prescribes disciplinary measures for conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.
SECTION O - SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE
THIS BID MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER; ANY ALTERATIONS OR ERASURES TO THE BID MUST BE INITIALED BY THE UNDERSIGNED AUTHORIZED REPRESENTATIVE.
The undersigned acknowledges, attests and certifies individually and on behalf of the Bidder that:
(1) The undersigned is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this Bid and all Addenda, if any, issued.
(2) Bidder, acting through its authorized representatives, has read and understands all Bid instructions, Specifications, Plans, terms and conditions contained in this Bid document (including all listed attachments and Addenda, if any, issued);
(3) The Bid submitted is in response to the specific language contained in the ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously-issued ITB, if any.
(4) The State shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidder’s failure to comprehend all requirements of the ITB.
(5) The State shall not be liable for any expenses incurred by Bidder in preparing and submitting its Offer or in participating in the Offer evaluation/selection process.
(6) The Bidder agrees to be bound by and comply with all applicable requirements of ORS 279C.800 through ORS 279C.870 and the administrative rules of the Bureau of Labor and Industries (“BOLI”) regarding prevailing wage rates.
(7) The Offer was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.
(8) Bidder is bound by and will comply with all requirements, Specifications, Plans, terms and conditions contained in this Bid (including all listed attachments and Addenda, if any, issued); ;
(9) Bidder will furnish the designated item(s) or service(s) in accordance with the Specifications, Plans and requirements, and will comply in all respects with the terms of the resulting Contract upon award;
(10) Bidder represents and warrants that Bidder has the power and authority to enter into and perform the Contract and that the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; and
(11) Bidder has no undisclosed liquidated or delinquent debt owed to the State or any department or agency of the State;
(12) All affirmations and certifications contained in Sections J, K, L, M and N of this ITB are true and correct;
(13) Bidder, if selected to be the Contractor, shall comply with the Oregon Governor’s Executive Order (“EO”) No. 20-12 “Stay Home, Save Lives” pertaining to workplace restrictions associated with COVID-19;
(14) Bidder, if selected to be the Contractor, shall comply with OAR 437-001-0744 – Addressing COVID-19 Workplace Risks that was promulgated by the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division, shall regularly consult the “Interim Guidance for Oregon OSHA Related to COVID-19” regarding construction contractors (found at ) and shall utilize these resources and information to develop, update and enforce the Contractor’s policies for safety planning and safety practices; and
(15) Bidder, if selected to be the Contractor, shall comply with State of Oregon Executive Order (“EO”) 21-29, “COVID-19 Vaccination Requirement for State Executive Branch.” Bidder certifies that for the term of the Contract or the duration of EO 21-29, whichever expires or terminates first, each Worker who provides goods and services at an Agency worksite will be fully vaccinated against COVID-19, unless an exception under paragraph 6 of EO 21-29 applies or unless the scope of work is interpreted by DAS or the Agency as not being subject to EO 21-29. If only a portion of the Project site is subject to EO 21-29 or if only a portion of the Contractor’s Work is subject to EO 21-29, the Contractor must nevertheless comply with EO 21-29 to the extent applicable to the Project site and the Contractor’s Work. Bidder’s compliance with this provision will be a material term of the resulting Contract, and the Contractor’s failure to comply will constitute a breach of the Contract entitling the Agency to terminate the Contract for cause. Bidder agrees, as a material condition of the resulting Contract, to maintain documentation of Bidder/Contractor’s compliance with EO 21-29, and to provide written certification of its compliance with EO 21-29 on the request of the State.
Authorized Signature: ________________________________ Title: _________________________
Contact Person (Type or Print): _______________________________________________________
Telephone Number: Email Address:
(_____)_________________ _______________________
EXHIBIT 1
[Insert OregonBuys Number]
PRICING SUBMITTAL FORM
PRICING SUBMITTAL INSTRUCTIONS:
Offerors shall enter pricing and other required information for all Bid Items listed in this Pricing Submittal Form. If this Pricing Submittal Form is replaced by Addendum, Offerors shall use the Addendum form to provide pricing and other required information. If the Pricing Submittal Form is only modified by Addendum, Offerors shall follow the instructions in the Addendum for making modifications to the Pricing Submittal Form. Failure to supply the required information in the Pricing Submittal Form, as modified by subsequent Addenda, may result in Bid rejection as non-responsive.
Drafter selects one of the following:
BASE BID: To include all Work described in the ITB, Plans, Specifications and any issued Addenda.
LUMP SUM: $_________________________
OR
BASE BID and ALTERNATES: To include all Work described in the ITB, Plans, Specifications and any issued Addenda.
BASE BID - LUMP SUM: $_________________________
ALTERNATE [Insert alternate number and if ADD or DELETE]
[Insert alternate description]
LUMP SUM: $_________________________
----------------------------------------------------------------------
[Add additional alternate's if necessary]
TOTAL BASE BID AND ALL ALTERNATES: $__________________________
OR
[Number of items dependent upon solicitation needs]
Item Description Quantity/Unit Unit Total
Cost Cost
1. ____________ 1 / LS __________
2. ______________ 1 / LS __________
3. ________________________ # / SY _________ __________
4. _________________________ # / Ton _________ __________
5. ___________________________ # / LF _________ __________
6. _________________________ # / LS _________ __________
TOTAL ITEMS 1 - 6 _____________
[The following unit price provisions are added on an as-needed basis with either of the above. These provisions establish fixed unit pricing for the identified changes to the Work.]
The “unit price” addressed in this section is an amount offered by Offerors as a price per unit of measure specified in any unit price item(s) listed below for materials or services added or deducted from the Contract sum by appropriate Contract modifications. These unit prices will be used in conjunction with the General Conditions, Section D, for changes to the Work, as required by the Owner. The Work described below in the unit price items is part of the Base Bid, Alternates or Items listed above. The unit price is being established only for Work added or deducted from the Base Bid, Alternates or Items listed above.
Offerors shall provide unit pricing for the following items. These unit prices will not be used in the method of award, except in the event of a discrepancy between extended prices and unit prices, in which case the unit prices shall prevail. Failure of the Offeror to provide these unit prices shall result in Offer rejection.
======================================================================
UNIT PRICE NO. 1: [Identify the item to be supplied and delivered and identify and other requirements for the item].
PRICE PER [Insert unit of measure]: $____________________________
======================================================================
[Add additional items if necessary]
BIDDER NAME: ___________________________________________________________________
EXHIBIT 2
State of Oregon Bid Security Form
STATE OF OREGON
STANDARD PUBLIC IMPROVEMENT CONTRACT
BID BOND
We, _____________________________________, as “Principal,”
(Name of Principal)
and ___________________________________, an _________________ Corporation,
(Name of Surety)
authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto the State of Oregon (“Obligee”) the sum of ($_________________) ______________________________________ dollars.
WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or bid to an agency of the Obligee in response to Obligee’s procurement document (No. __________________) for the project identified as:____________________________________________________________ which proposal or bid is made a part of this bond by reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to the procurement document and ORS 279C.365(4) for competitive bidding or 279C.400(5) for competitive proposals.
NOW, THEREFORE, if the proposal or bid submitted by Principal is accepted, and if a contract pursuant to the proposal or bid is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the procurement document and executes and delivers to Obligee its good and sufficient performance and payment bonds required by Obligee, as well as any required proof of insurance, within the time fixed by Obligee, then this obligation shall be void; otherwise, it shall remain in full force and effect.
IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this ________________day of _________________________, 20__.
PRINCIPAL: ______________________________ SURETY: __________________________
By________________________________________ BY ATTORNEY-IN-FACT:
Signature
___________________________________________ ___________________________________
Official Capacity Name
Attest: ____________________________________ ___________________________________
Corporation Secretary Signature
___________________________________
Address
____________________________________
City State Zip
_______________ _________________
Phone Fax or E-mail
EXHIBIT 3
State of Oregon Performance Bond Form
STATE OF OREGON
STANDARD PUBLIC IMPROVEMENT CONTRACT
PERFORMANCE BOND
Bond No._______________________________
Solicitation _____________________________
Project Name ___________________________
__________________(Surety #1) Bond Amount No. 1: $______________
__________________(Surety #2)* Bond Amount No. 2:* $______________
* If using multiple sureties Total Penal Sum of Bond: $______________
We, ________________________________________________as Principal, and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the State of Oregon the sum of (Total Penal Sum of Bond) $______________________________________________________________________
(Provided, that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety), and
WHEREAS, the Principal has entered into a contract with the State of Oregon, the plans, specifications, terms and conditions of which are contained in the above-referenced Solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Performance Bond by reference, whether or not attached to the contract (all hereafter called “Contract”); and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance, notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to be performed under the Contract, upon the terms set forth therein, and within the time prescribed therein, or as extended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the State of Oregon, the Department of Administrative Services and the______________________________________ (insert name of institution and any other Owner agency,if any), and members thereof, its officers, employees and agents, against any direct or indirect damages or claim of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Principal or its subcontractors, and shall in all respects perform said contract according to law, then this obligation is to be void; otherwise, it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the State of Oregon, or the above-referenced agency(ies), be obligated for the payment of any premiums.
This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this __________________ day of ___________________, 20__.
PRINCIPAL: __________________________
By____________________________________
Signature
______________________________________
Official Capacity
Attest: ________________________________
Corporation Secretary
SURETY: _____________________________
[Add signatures for each surety if using multiple bonds]
BY ATTORNEY-IN-FACT:
[Power-of-Attorney must accompany each surety bond]
______________________________________
Name
______________________________________
Signature
______________________________________
Address
______________________________________
City State Zip
_________________ ____________________
Phone Fax or E-mail
EXHIBIT 4
State of Oregon Payment Bond Form
STATE OF OREGON
STANDARD PUBLIC IMPROVEMENT CONTRACT
PAYMENT BOND
Bond No. __________________________________
Solicitation _________________________________
Project Name _______________________________
__________________(Surety #1) Bond Amount No. 1: $ ___________
__________________(Surety #2)* Bond Amount No. 2:* $ ___________
* If using multiple sureties Total Penal Sum of Bond: $ ___________
We, ________________________________________________, as Principal, and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the State of Oregon the sum of (Total Penal Sum of Bond)_$________________________________________________________________________ (Provided, that we the Sureties bind ourselves in such sum “jointly and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety), and
WHEREAS, the Principal has entered into a contract with the State of Oregon, the plans, specifications, terms and conditions of which are contained in above-referenced Solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment Bond by reference, whether or not attached to the contract (all hereafter called “Contract”); and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and specifications, and schedule of contract prices which are set forth in the Contract and any attachments, and all authorized modifications of the Contract which increase the amount of the work, or the cost of the Contract, or constitute authorized extensions of time for performance of the Contract, notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things by it undertaken to be performed under said Contract and any duly authorized modifications that are made, upon the terms set forth therein, and within the time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the State of Oregon, the Department of Administrative Services and the ____________________________________ (insert name of any other Owner agency, if any), and members thereof, its officers, employees and agents, against any claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor, materials or both to the Principal or its subcontractors for prosecution of the work provided in the Contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien nor claim to be filed or prosecuted against the State on account of any labor or materials furnished; and shall do all things required of the Principal by the laws of this State, then this obligation shall be void; otherwise, it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the State of Oregon, or the above-referenced agency(ies), be obligated for the payment of any premiums.
This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES:
Dated this ___________________day of _____________________, 20__.
PRINCIPAL: _________________________
By __________________________________
Signature
_____________________________________
Official Capacity
Attest: _______________________________
Corporation Secretary
SURETY: ____________________________
[Add signatures for each if using multiple bonds]
BY ATTORNEY-IN-FACT:
[Power-of-Attorney must accompany each bond]
_____________________________________
Name
_____________________________________
Signature
_____________________________________
Address
_____________________________________
City State Zip
_____________________________________
Phone Fax or E-mail
EXHIBIT 5
Sample Public Improvement Agreement Form
[COPIES OF THIS PUBLIC IMPROVEMENT AGREEMENT FORM---MODIFIED FROM BEING THIS EXHIBIT 5 SAMPLE TO THE ITB TO A STAND-ALONE RESULTING AGREEMENT BETWEEN THE PARTIES---WILL BE SENT TO THE INTENDED AWARDEE (CONTRACTOR) BY DAS AT THE TIME OF THE STATE'S INTENT TO AWARD NOTICE. THE BLANKS IN THIS SAMPLE WILL BE FILLED IN BY DAS. THE INTENDED AWARDEE WILL THEN COMPLETE AND SIGN THE AGREEMENT. AFTER ALL REQUIREMENTS ARE MET, THE STATE WILL THEN SIGN THE PUBLIC IMPROVEMENT AGREEMENT FORM AND SEND AN ORIGINAL, SIGNED FULLY EXECUTED PUBLIC IMPROVEMENT AGREEMENT FORM TO THE CONTRACTOR ALONG WITH THE NOTICE TO PROCEED. ]
STATE OF OREGON PUBLIC IMPROVEMENT AGREEMENT
for
(Insert Project Name)
(Insert Contract Number)
This Agreement for the (Insert Project Name) (the "Agreement"), made by and between the State of Oregon, acting by and through the Department of Administrative Services Procurement Services on behalf of (Insert Agency), hereinafter called OWNER, and (Insert Contractor’s Name) hereinafter called the CONTRACTOR (collectively the “Parties”), is effective on the date this Agreement has been signed by all the Parties and all required State of Oregon governmental approvals have been obtained. Unless otherwise defined in the Invitation to Bid or in this Agreement, the capitalized terms used herein are defined in Section A.1 of the State of Oregon General Conditions for Public Improvement Contracts.
WITNESSETH:
1. Contract Price, Contract Documents and Work.
The CONTRACTOR, in consideration of the sum of (Insert Price) (the “Contract Price”), to be paid to the CONTRACTOR by OWNER in the manner and at the time hereinafter provided, and subject to the terms and conditions provided for in the Invitation to Bid, this Public Improvement Agreement and other Contract Documents, all of which are incorporated herein by reference, hereby agrees to perform all Work described and reasonably inferred from the Contract Documents.
CONTRACTOR shall perform the Work for the Contract Price pursuant to Invitation to Bid No.____, any and all Addenda thereto and the following Exhibits and Attachments, which are incorporated herein by this reference, whether or not physically attached to this Agreement:
EXHIBIT 1 PRICING SUBMITTAL FORM
EXHIBIT 2 [RESERVED]
EXHIBIT 3 PERFORMANCE BOND FORM
EXHIBIT 4 PAYMENT BOND FORM
EXHIBIT 5 [RESERVED]
EXHIBIT 6 GENERAL CONDITIONS
EXHIBIT 7 SUPPLEMENTAL GENERAL CONDITIONS
EXHIBIT 8 CONTRACT CLOSEOUT COMPLIANCE CHECKLIST
ATTACHMENT A SPECIFICATIONS
ATTACHMENT B PLANS
ATTACHMENT C REQUIRED FEDERAL TERMS & CONDITIONS
The Contract Price includes the following items: (Insert Base Bid, any Alternates and any other items from the Pricing Submittal Form)
2. Representatives.
Unless otherwise specified in the Contract Documents, the OWNER designates (Insert Name), as its Authorized Representative in the administration of this Contract. The above-named individual shall be the initial point of contact for matters related to performance, payment, authorization, and to carry out the responsibilities of the OWNER. CONTRACTOR has named (Insert Name) its Authorized Representative to act on its behalf.
3. Contract Dates.
PROJECT START DATE: [Insert #] calendar days from issuance of Notice to Proceed or [Enter date].
SUBSTANTIAL COMPLETION: [Insert #] calendar days from issuance of Notice to Proceed or [Enter date]
FINAL COMPLETION: [Insert #] calendar days from issuance of Notice to Proceed or [Enter a date]
4. Liquidated Damages.
Failure to complete the project known as [Insert Project Name] by the specified time will result in damage to the State of Oregon. Since actual damage will be difficult to determine, it is agreed that the Contractor shall pay to the State of Oregon, not as a penalty but as liquidated damages, [$ XXX.XX insert applicable amount] per calendar day for each day elapsed in excess of the Substantial Completion date stated in Section 3 of this Agreement.
5. Certification - Non-Discrimination; Subcontractor Licensing. Contractor certifies, in accordance with ORS 279A.112, that 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" As a material term and condition of this Agreement, Contractor must maintain, throughout the duration of this Agreement, a policy and practice that complies with ORS 279A.112, including, but not limited to, giving employees written notice of the Contractor's policy and practice.
Contractor certifies, in accordance with OAR 137-049-0200(1), that all subcontractors performing Work on the Project described in ORS 701.005(2) will be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence Work under the Contract.
6. Integration
THE CONTRACT, WHICH INCLUDES THIS AGREEMENT AND THE REMAINING CONTRACT DOCUMENTS, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THE CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THE CONTRACT. CONTRACTOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND THE REST OF THE CONTRACT DOCUMENTS, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE REMAINING CONTRACT DOCUMENTS.
In witness whereof, the STATE OF OREGON, acting by and through the Department of Administrative Services acting on behalf of [Insert Agency] executes this Agreement and the CONTRACTOR does execute the same as of the day and year of this Agreement first above written.
CONTRACTOR DATA:
CONTRACTOR NAME _________________________
CONTRACTOR ADDRESS _________________________
CONTRACTOR ADDRESS _________________________
CONTRACTOR'S CCB # ______________ Expiration Date:_____________
CONTRACTOR’S SIGNATURE:______________________________________________
Date
[Insert Agency]
________________________________________________________________________
Date
OR
[Insert Agency]
Signature Authorization to Commit and Disburse Funds
________________________________________________________________________
Date
Approved for legal sufficiency
[Not applicable if under $3,000,000 and exemption applies]
_______________________________________________________________________
Assistant Attorney General Date
EXHIBIT 6
State of Oregon General Conditions for Public Improvement Contracts
JANUARY 1, 2012
[Insert General Conditions for Public Improvement Contracts]
EXHIBIT 7
Supplemental General Conditions
Contract No. ______________
Project Name _______________________________
For the above Contract, the following supplements modify the “State of Oregon General Conditions for Public Improvement Contracts” set forth in Exhibit 6. Where a portion of the General Conditions is modified or deleted by these Supplemental General Conditions, the unaltered portions of the General Conditions shall remain in effect.
[Insert project-specific Supplemental General Conditions and re-number all SGCs in this Exhibit 7 as needed. SGCs should be included in the same order in which the General Conditions that are being modified appear in the overall General Conditions structure. For example, see the list of required SGCs below, where SGC-1 modifies Section A.3.5 of the General Conditions, SGC-2 modifies Section B.5 of the General Conditions, SGC-3 modifies Section B.15 of the General Conditions, and so on, and including additional SGCs in the same order that they appear in the General Conditions.]
[EXAMPLES]
SG-1. Section ____ is modified as follows:
SG-2. Section ____ is replaced with the following:
SG-3. Section ____ is amended to read:
SG-4. Section ____ is deleted.
xSGC-1 Add the following new Sections A.3.5 and A.3.6 after A.3.4 under INTERPRETATION OF CONTRACT DOCUMENTS:
A.3.5 The characterization of provisions of the Contract as material provisions or the failure to comply with certain provisions as a material breach of the Contract shall in no way be construed to mean that any other provisions of the Contract are not material or that failure to comply with any other provisions is not a material breach of the Contract.
A.3.6 Should any Plans or Specifications provided by the Owner, that Contractor is required to utilize for any aspect of the Work, fail to particularly describe the materials, kind of goods, or details of construction, Contractor shall inquire of the Owner as to what is required, prior to utilization of the Plans and Specifications in performing the affected Work. Absent Owner-supplied Specifications to the contrary, the materials, construction methods, and processes that would normally be used by the Contractor to produce first-quality finished Work are considered a part of the Contract requirements.
xSGC-2 Make the following revisions to Section B.5 COMPLIANCE WITH GOVERNMENT LAWS AND REGULATIONS:
• Add the following to the end of Section B.5.1:
All rights and remedies available to Owner under applicable federal, state and local laws are also incorporated by reference herein and are cumulative with all rights and remedies under the Contract.
• Section B.5.2(a) is deleted and replaced with the following:
(a) Pursuant to ORS 279A.110, Contractor shall not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business, in the awarding of subcontracts.
• The following Section B.5.2(c) is added:
(c) Respecting certification as a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or an emerging small business under ORS 200.055, as and when applicable, Contactor shall maintain the certification, and require in its subcontracts that subcontractors maintain the certification required by ORS 279A.107 . Owner may require Contractor to terminate a subcontract with a subcontractor that fails to maintain its certification under ORS 200.055 throughout the term of the subcontract and any extensions.
• Section B.5.6 is deleted and replaced with the following revised Section B.5.6 and new Section B.5.7:
B.5.6 Contractor shall comply with all Oregon Tax Laws, consistent with the Contractor’s Certificate of Compliance with Tax Laws and the Contractor’s warranty that the Contractor has complied with the Oregon Tax Laws. Any violation of the Contractor’s Certificate of Compliance or warranty will constitute a material breach of the Contract.
B.5.7 Failure to comply with any or all of the requirements of B.5.1 through B.5.6 shall be a material breach of Contract entitling the Owner to pursue and recover any and all of its available remedies at law or in equity that arise from the breach, including, but not limited to, recovery of damages, the termination of the Contract, and the exercise of the right of setoff, garnishment if applicable and the withholding of amounts otherwise due and owing to the Contractor without penalty. Damages or costs resulting from such non-compliance shall be the responsibility of the Contractor.
xSGC-3 The provisions in Section B.15 GOVERNING LAW are deleted and replaced with the following provisions:
The ITB and the resulting Contract shall be governed by, construed, and enforced in accordance with the laws of State of Oregon without regard to principles of conflicts of law.
xSGC-4 Add the following at the end of Section C.5 HOURS OF LABOR:
Compliance with ORS 279C.520 includes, but is not limited to, not prohibiting employees from discussing wages, salaries, benefits and other compensation, and compliance with the wage related prohibitions in ORS 652.220. Compliance with ORS 279C.520 and ORS 652.220 is a material element of the Contract, and Contractor’s failure to comply is a breach of the Contract that entitles the contracting agency to terminate the Contract for cause.
xSGC-5 Make the following revisions to Section D.3 CLAIMS REVIEW PROCESS:
The following section is added:
D.4 FALSE CLAIMS (OREGON FALSE CLAIMS ACT)
D.4.1 Contractor understands and acknowledges it is subject to the Oregon False Claims Act (ORS 180.750 to 180.785) and to any liabilities or penalties associated with the making of a false claim under that Act. By its execution of the Contract, Contractor certifies the truthfulness, completeness, and accuracy of any statement or claim it has made, it makes, it may make, or cause to be made that pertains to the Contract or the Project for which the services are being performed, including but not limited to Contractor’s statement of proposal and any invoices, reports, or other deliverables.
D.4.2. Contractor shall immediately disclose (in Writing) to Agency whenever, in connection with the award, performance or closeout of the Contract, or any subcontract thereunder, Contractor has credible evidence that a principal, employee, agent, or subcontractor of Contractor has committed:
(i) A violation of the Oregon False Claims Act; or;
(ii) A violation of State or Federal criminal or civil law involving fraud, conflict of interest, bribery, gratuity or similar misconduct.
D.4.3. Contractor must include subsections D.4.1 and D.4.2 of this section in each subcontract Contractor may award in connection with the performance of the Contract. In doing so, Contractor may not modify the terms of those subsections, except to identify the subcontractors or sub grantee that will be subject to those provisions.
xSGC-6 Make the following revisions to Section E.2.4, related to Owner’s right to withhold payment:
A new subsection is added to Section E.2.4 as subsection (i) and existing subsections (g) and (h) of Section E.2.4 are removed, re-numbered and revised to read as follows:
(g) failure to carry out the Work in accordance with the Contract Documents;
(h) assessment of liquidated damages, when withholding is made for offset purposes; or
(i) The Contractor having liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon.
xSGC-7 Add the following Smoke-Free Workplace language at the end of Section F.1 USE OF PREMISES:
Under Oregon’s Indoor Clean Air Act all State of Oregon properties are smoke, aerosol and vapor free (ORS 433.835-870, effective January 1, 2016.) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment: Entrances; Exits; windows that open; and Ventilation intakes that serve an enclosed area.
xSGC-8 Add the following new sections at the end of Section F.2 PROTECTION OF WORKERS, PROPERTY AND THE PUBLIC :
“F.2.7. Contractor shall comply with applicable State of Oregon Governor’s executive orders issued in response to the Coronavirus (“COVID-19”) outbreak, including but not limited to Executive Order (“EO”) No. 20-12 “Stay Home, Save Lives” regarding workplace restrictions and social distancing requirements, for such time that EO 20-12 remains in effect. Contractor shall also comply with OAR 437-001-0744 – Addressing COVID-19 Workplace Risks, promulgated by the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division. Additionally, Contractor shall regularly consult the “Interim Guidance for Oregon OSHA Related to COVID-19” regarding construction contractors (found at ) and utilize its resources and information to develop, update and enforce the Contractor’s policies for safety planning and safety practices. Contractor shall also comply with all other federal, state and local government statutes, regulations, administrative rules, ordinances, executive orders, Owner policies and other laws/requirements applicable to the project pertaining to workplace health and safety requirements arising from COVID-19 and any of its variants.
F.2.8. Contractor shall comply with State of Oregon Governor’s EO 21-29, COVID-19 “Vaccination Requirement for State Executive Branch.” Contractor certifies that, for the term of the Contract or the duration of EO 21-29, whichever expires or terminates first, each Worker who provides goods or services at an Agency worksite is fully vaccinated against COVID-19, unless an exception under paragraph 6 of EO 21-29 applies or unless the scope of work is interpreted by DAS or the Agency as not being subject to EO 21-29. If only a portion of the Project site is subject to EO 21-29 or if only a portion of the Contractor’s Work is subject to EO 21-29, the Contractor must nevertheless comply with EO 21-29 to the extent applicable to the Project site and the Contractor’s Work. Contractor’s compliance with this section is a material term of the Contract, and Contractor’s failure to comply constitutes a breach of the Contract entitling Agency to terminate this Contract for cause. Contractor agrees, as a material condition of this Contract, to maintain documentation of its compliance with EO 21-29, and to provide written certification of its compliance with EO 21-29 on the request of the State.
xSGC-9 Section J.4, Owner’s Right to Terminate Contract
A new subsection is added to Section J.4.1 as subsection (f) and existing subsections (e) and (f) of Section J.4.1 are removed, re-numbered and revised to read as follows:
“(e) If Contractor should repeatedly fail to make prompt payment to Subcontractors or for material or labor, or should disregard laws, ordinances or the instructions of the Owner or its Authorized Representative;
(f) If Contractor has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon; or
(g) If Contractor is otherwise in material breach of any part of the Contract.”
xSGC-10 Section J.4, Owner’s Right to Terminate Contract
Subsection J.4.2 is removed and revised to read as follows:
“J.4.2 At any time that any of the above occurs, Owner may exercise all rights and remedies available to Owner at law or in equity, including, in the event of the conditions set forth in Section J.4.1(f) regarding Contractor’s liquidated and delinquent debt (including garnishing all monies due for any and all Work performed by the Contractor, when appropriate) and otherwise recovering any liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon. In addition, the Owner may take possession of the premises and of all materials and appliances and finish the Work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive further payment until the Work is completed. If the Owner's cost of finishing the Work exceeds the unpaid balance of the Contract Price, Contractor shall pay the difference to the Owner.”
xSGC-11. Add the following at the beginning of SECTION K CONTRACT CLOSEOUT:
As a condition of final payment, Contractor shall complete and sign the Contract Closeout Checklist form provided by Owner. If accepted by Owner, Contractor’s delivery of the certification as required in K.3 of the Checklist will be deemed to be compliance with the requirements of Section K.3 below and Contractor’s delivery of the information required in K.7 of the Checklist will be deemed to be compliance with the requirements of Section K.7 below.
xSGC-12. The provisions included under Section G.3 INSURANCE are deleted and replaced with the following:
“G.3.1 INSURANCE REQUIREMENTS
Contractor shall obtain at Contractor’s expense the insurance specified in this Section G.3 prior to performing under the Contract and shall maintain it in full force and at its own expense throughout the duration of the Contract, as required by any extended reporting period, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Agency. Coverage shall be primary and non-contributory with any other insurance and self-insurance with the exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.
G.3.2 WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY
All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $1,000,000 each accident. If Contractor is an employer subject to any other state’s workers’ compensation law, Contractor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $1,000,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.
G.3.3 COMMERCIAL GENERAL LIABILITY
Required Not required
Commercial General Liability Insurance covering bodily injury and property damage written on an ISO CG 00 01 10 01 (or equivalent). This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under the Contract, and shall have no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000.
G.3.4 AUTOMOBILE LIABILITY
Required Not required
Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability).
G.3.5 CONTRACTOR’s PROFESSIONAL LIABILITY
Required Not required
Professional Liability insurance covering any damages caused by an error, omission or any negligent acts related to the work, including design services, to be provided under the Contract by the Contractor and Contractor’s subcontractors, agents, officers or employees in an amount not less than $1,000,000 per claim. Annual aggregate limit shall not be less than $2,000,000. If coverage is on a claims made basis, the retroactive date of the policy must be prior to the inception of the work and an extended reporting period equal to the statute of ultimate repose shall be included in the Professional Liability insurance coverage.
G.3.6 POLLUTION LIABILITY
Required Not required
Pollution Liability Insurance covering Contractor’s or appropriate Subcontractor’s liability for bodily injury, property damage, loss of use of property, government ordered cleanup costs, natural resource damage, environmental damage, and environmental or natural resource damage resulting from sudden, accidental and gradual pollution and related cleanup costs incurred by Contractor, or Subcontractor if the coverage is obtained by the Subcontractor, all arising out of the goods or materials delivered or Services/Work (including transportation risk) performed under the Contract is required. The per-loss limit shall be no less than $500,000. Annual aggregate limit shall not be less than $1,000,000.
An endorsement to the Commercial General Liability or Automobile Liability policy, covering Contractor’s or Subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Contractor that arise from the goods or materials delivered or Services/Work (including transportation risk) performed by Contractor under the Contract is also acceptable.
G.3.6.1 Asbestos Liability Endorsement
Required Not required
The Contractor, or the Subcontractor, if the coverage is obtained by the Subcontractor, shall provide an Asbestos Liability endorsement to the pollution liability coverage. If an endorsement cannot be obtained, the Contractor or Subcontractor shall provide separate Asbestos Liability Insurance at the same combined single limit per occurrence and annual aggregate limit as the Pollution Liability Insurance with the policy endorsed to state that the annual aggregate limit of liability shall apply separately to the Contract.
G.3.6.2 Lead Liability Endorsement
Required Not required
The Contractor, or the Subcontractor, if the coverage is obtained by the Subcontractor, shall provide a Lead Liability endorsement to the pollution liability coverage. If an endorsement cannot be obtained, the Contractor or Subcontractor shall provide separate Lead Liability Insurance at the same combined single limit per occurrence and annual aggregate limit as the Pollution Liability Insurance with the separate policy endorsed to state that the annual aggregate limit of liability shall apply separately to the Contract.
G.3.7 EXCESS/UMBRELLA INSURANCE
Required Not required
Excess/umbrella insurance coverage in the sum of $10,000,000 shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Automobile Liability, and Employers' Liability coverage.
G.3.8 BUILDERS RISK INSURANCE
X Required Not required
G.3.8.1 Builders Risk
During the term of the Contract, Contractor shall maintain and keep in effect Builders Risk insurance on a special form, including earthquake and flood, covering risks of physical loss or damage to the structure(s) including, without limitation, the transmission lines to the interconnected facilities, buildings, temporary structures, materials, supplies and equipment to be incorporated in the Work. For new construction, the Contractor shall secure, be responsible for payment of premium, deductibles and any penalties associated with the policy. The policy shall include coverage for “soft costs” resulting from delay in construction. As applicable, such insurance shall cover all building(s), structures, facilities or other improvements, as outlined in the Contract, during construction and testing, and shall include the Owner, Design-Builder (if applicable), Consultants, Contractors, and Subcontractors, sub-subcontractors to the Project as insureds. Any deductible shall not exceed $50,000 for each loss, except the earthquake and flood deductible shall not exceed five (5) percent of each loss or $50,000, whichever is more. The policy shall be written on a replacement cost basis and shall contain an agreed amount endorsement waiving any coinsurance penalty. The policy shall include as loss payees the Owner, the Contractor and its Subcontractors as their interests may appear. The minimum policy limit shall be equal to or exceed the full amount of the Contract.
G.3.8.2 Builders Risk Installation Floater
For other than new construction the Contractor shall obtain and keep in effect during the term of the Contract, a Builders Risk Installation Floater for coverage of the Contractor's labor, materials and equipment to be used for completion of the Work performed under the Contract. The minimum amount of coverage to be carried shall be equal to the full amount of the Contract. This insurance shall include as loss payees the Owner, the Contractor and its Subcontractors as their interests may appear.
G.3.8.3 Builders Risk Period
Such insurance shall be maintained until the later of (a) final payment is made, or (b) no person or entity other than the Owner has an insurable interested in the covered property.
G.3.8.4 Builders Risk Losses
A loss insured under the Builders Risk and Builders Risk Installation Floater shall be adjusted by the Owner and made payable to the Owner for the insureds, as their interests may appear. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. The Owner shall have power to adjust and settle a loss with insurers.
G.3.9 ADDITIONAL INSURED
The Commercial General Liability insurance and Automobile Liability insurance required under the Contract must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under the Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 04 13 or equivalent.
G.3.10 EXTENDED REPORTING
If any of the required insurance is on a claims made basis and does not include an extended reporting period through the statute of ultimate repose, Contractor shall maintain continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of the Contract, for a period equal to the statute of ultimate repose following the later of (i) Contractor’s completion and Agency’s acceptance of all Services and Work required under the Contract, or, (ii) The expiration of all warranty periods provided under the Contract.
G.3.11 CERTIFICATE(S) AND PROOF OF INSURANCE
Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services and Work required under the Contract. The Certificate(s) shall include the Contract number and list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured. If a Contractor Pollution Liability coverage requirement includes an Asbestos Liability, Lead Liability or both Asbestos Liability and Lead Liability endorsement(s), copies of the endorsement(s) must be provided with the Certificate. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in the Contract.
G.3.12 NOTICE OF CHANGE OR CANCELLATION
The Contractor or its insurer must provide at least 30 days’ written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).
G.3.13 INSURANCE REQUIREMENT REVIEW
Contractor agrees to periodic review of insurance requirements by Agency under the Contract and to provide updated requirements as mutually agreed upon by Contractor and Agency.
G.3.14 STATE ACCEPTANCE
All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Section G.3.
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EXHIBIT 8
Contract Closeout Compliance Checklist
|Contract Number | |
|Contract Name | |
|Contractor | |
|Owner’s Authorized Rep. | |
This checklist is intended to assist Agency and Contractor in complying with the Contract Closeout and Final Payment requirements in the General Conditions for Public Improvement Contracts, Sections K and E.6.
Owner will mark “NA” by any requirement that is not applicable to the Contract. Contractor’s and Owner’s Authorized Representatives shall place their initials by each requirement listed below that has not been marked “NA” by Owner, and provide a Signature at the end of the Checklist.
Keep a copy of the signed form in the Contract Administration file.
|Requirements |Mark NA if not |Date completed |Contractor |Owner |
| |applicable | |initials |initials |
|K.1 Record Documents submitted | | | | |
|K.2 O & M Manuals submitted | | | | |
|K.3 Certification/Release of Claims | | | | |
| | | | | |
|By Contractor’s Signature below, Contractor certifies and agrees to| | | | |
|the following: | | | | |
| | | | | |
|All Subcontractors and suppliers have been paid in full or will be | | | | |
|paid in full out of the final payment, and in compliance with all | | | | |
|prompt payment requirements. All disputes with property owners have| | | | |
|been resolved, all obligations on the project have been satisfied, | | | | |
|all monetary claims and indebtedness have been paid, and, to the | | | | |
|best of the Contractor's knowledge, there are no claims of any kind| | | | |
|outstanding against the project. | | | | |
|K.4 Completion notices submitted | | | | |
| | | | | |
|Substantial Completion notice | | | | |
|Date of substantial completion: | | | | |
| | | | | |
|Final Completion notice | | | | |
|Date of final completion: | | | | |
|K.5 Training sessions scheduled | | | | |
|K.6 Extra materials provided | | | | |
|(List individually): | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
|K.7. Environmental Clean-up: | | | | |
| | | | | |
|Contractor hereby notifies Owner that all environmental cleanup | | | | |
|that was performed as a part of this contract has been disposed of | | | | |
|in accordance with all applicable rules, regulations, laws, and | | | | |
|statutes of all agencies having jurisdiction over such | | | | |
|environmental pollution. | | | | |
|K.8 Certificate of Occupancy received by Owner | | | | |
|K.9 Other Contractor Responsibilities | | | | |
|(List individually): | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
|E.6 Contractor’s final payment request submitted | | | | |
| | | | | |
| | | | | |
|Final payment request approved by Owner | | | | |
CONTRACTOR’S AUTHORIZED REPRESENTATIVE:
Printed Name Title
______________________________________________________________________________________
Signature Date
OWNER’S AUTHORIZED REPRESENTATIVE:
________________________________________________________________________________________
Printed Name Title
______________________________________________________________________________________
Signature Date
ATTACHMENT A
Specifications
Found as one attached file on OregonBuys
[NOTE: Confirm that the number of attached files is correct]
ATTACHMENT B
Plans
Found as one attached file on OregonBuys
[NOTE: Confirm that the number of attached files is correct]
ATTACHMENT C
Required Federal Terms and Conditions
[NOTE: Confirm that the number of attached files is correct]
[Add in any required Federal Terms & Conditions, if required for the individual project or project funding.]
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