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7056 ADVERTISEMENT FOR BIDS
ADVERTISEMENT FOR BIDS
Sealed Bids for construction of the Norwood Pump Station Project No. 7056 (Project) will be accepted by Michelle Mann, Program Support Specialist, electronically via Bid Locker at https://bidlocker.us/details/3013_Itb___Norwood_Pump_Station_Project_No_7049 until 2:00 p.m., local time, on June 30, 2022. Any Bids received after the specified time will not be considered. Before Bidders can submit their Bids, they will need to register with Bid Locker at https://bidlocker.us/Home/bidlockerus. There is no cost to register. First-Tier Subcontractor Disclosure Forms must be electronically submitted to Bid Locker at or before 4:00 p.m. local time on the same day (Deadline). If Bidder fails to submit a disclosure form with the information required by the stated Deadline, the Bid will be deemed nonresponsive and will not be considered. Owner will not accept Bids by facsimile or email.
Bids will be publicly opened and read aloud at 2:00 p.m. local time on June 30, 2022. Bids will be publicly opened and read aloud by telephone conference at 2:00 p.m. local time on June 30, 2022. Bidders can attend the opening by calling the telephone conference number 503.681.4499.
Contractor shall complete the work as specified or indicated in Owner’s Contract Documents for the Project. The Project consists of work that is generally described as follows (collectively, Work):
1. Approximately 0.18-acres of clearing, grubbing, tree removal, and rough grading;
2. Procure and install a 7.5-horsepower submersible duplex pump station;
3. Procure and install pump station electrical, instrumentation, and control equipment (including a standby diesel generator and pump sequencing control panel);
4. Provide fencing and landscaping;
5. Procure and install a segmented block retaining wall;
6. Lay asphalt paving;
7. Install various site piping, both above-ground and underground;
8. Procure and install approximately 40-linear feet of 6-inch PVC forcemain (the remainder of the forcemain will be installed by others).
The Work Site is located at the Norwood Pump Station near the intersection of SW Norwood Rd and SW Vermillion Drive, Tualatin, Oregon 97062 (Site).
The Work is a public works project subject to ORS 279C.800 to 279C.870.
The estimated construction cost of the Work is $1,000,000.
The Bidding Documents are entitled “Norwood Pump Station Project No. 7056.”
https://bidlocker.us/details/3013_Itb___Norwood_Pump_Station_Project_No_7049 https://bidlocker.us/Home/bidlockerus https://bidlocker.us/Home/bidlockerus
7056 ADVERTISEMENT FOR BIDS
Bidding Documents and Bid Results can be downloaded from the Owner’s Website at https://dynamic.cleanwaterservices.org/Bids (Website) under the Project name by completing the section to request the document package on Owner’s Website. Prospective Bidder’s information will be accumulated for a Bid Holders list, which is available on the Website and the Prospective Bidder’s email will be used to send automatic notifications when Owner posts a new document or changes information related to this solicitation. Prospective Bidders are responsible for obtaining any Addenda from either Owner’s Website under the Project name or by using the links provided in automatic emails that come from the Owner. If problems are experienced downloading the Bidding Documents, please contact Michelle Mann at mannm@cleanwaterservices.org.
Each Bid must be submitted on the prescribed Bid Form and accompanied by Bid security as prescribed in the Instructions to Bidders. Bidders must deliver the original of the Bid security to Michelle Mann at Rock Creek Advanced Water Resource Recovery Facility (AWRRF), 3235 SW River Road, Hillsboro, Oregon 97123 within five business days after the Deadline or Owner may declare the Bid nonresponsive.
The Successful Bidder will be required to furnish the additional bond(s) and insurance prescribed in the Bidding Documents.
Prior to submission of its Bid, Bidder shall be registered with the Oregon Construction Contractors Board.
The Work does not involve asbestos, so the requirements of ORS 468A.700 through 468A.760 shall not apply.
Bidders must be qualified in accordance with the applicable parts of ORS 279C in order to submit a Bid for public work in Oregon.
To fulfill administrative issues, contact Owner: Michelle Mann, mannm@cleanwaterservices.org.
To address technical issues, contact the Engineer: Jeff Hart, 503.547.8187, hartj@cleanwaterservices.org.
Prospective Bidders are encouraged to attend a prebid conference at Durham AWRRF - TPS Building, 16060 SW 85th Ave, Tigard, Oregon 97224 that will begin at 11:00 a.m. local time on June 16, 2022 and last approximately one hour. Representatives of Owner and Engineer will be present to discuss the Project.
Owner reserves its right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents.
Dated this 8th day of June, 2022.
By Clean Water Services
END OF SECTION
https://dynamic.cleanwaterservices.org/Bids
| 1. DEFINED TERMS |
| 1.1. Terms used in these Instructions to Bidders and the Advertisement for Bids which are defined in the General Conditions have the meanings indicated in the General Conditions and Supplementary Conditions. Certain additional terms used in the Biddin... |
| 1.1.1. Owner’s Office—The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. |
| 1.1.2. Bidder—One who submits a Bid directly to Owner, as distinct from a subbidder, who submits a price or quote to a Bidder. |
| 1.1.3. Successful Bidder—Lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award. |
| 2. COPIES OF BIDDING DOCUMENTS |
| 2.1. Complete sets of Bidding Documents shall be used in preparing Bids. Neither Owner nor Engineer assumes responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents. |
| 2.2. The Bidding Documents can be downloaded from the Owner’s Website at https://dynamic.cleanwaterservices.org/Bids (Website). Prospective Bidders are responsible for obtaining any Addenda from Owner's Website listed above or using links from emails ... |
| 2.3. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. |
| 3. QUALIFICATIONS OF BIDDERS |
| 3.1. To demonstrate qualifications to perform the Work, the apparent Successful Bidder and other Bidders as determined by Owner, must be prepared to submit within seven calendar days after Owner’s written request, evidence such as financial data, prev... |
| 3.2. Each Bid must contain evidence of Bidder’s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to Contract award. |
| 3.3. Nothing indicated herein will prejudice Owner’s right to seek additional pertinent information as is provided in Article 24 – Evaluation of Bids and Award of Contract. |
| 3.4. Bidders and every Subcontractor performing Work on the Project must have filed with the Construction Contractors Board a public works bond in the amount of $30,000 with a corporate surety authorized to do business in the State of Oregon before st... |
| 3.5. In order to perform public work, Bidder and its Subcontractors, prior to award of Contract or as otherwise required by the jurisdiction, shall hold or obtain such licenses as required by State Statutes, and federal and local Laws and Regulations. |
| 3.6. Bidder is advised to carefully review those portions of the Bid Form requiring representations and certifications. |
| 3.7. Bidder shall not be listed on the Bureau of Labor and Industries list of persons having violated prevailing wage rate laws as required in ORS 701.227. |
| 3.8. Bidder shall not be in violation of any tax laws as required in ORS 305.385. |
| 3.9. Bidder shall have a drug-testing program as required in ORS 279C.505. |
| 3.10. Bidders for public work in Oregon shall be qualified in conformance with ORS Chapter 279C, in the manner designated in the Advertisement for Bids. |
| 4. REGISTRATION REQUIREMENTS |
| 4.1. A person, partnership, corporation, limited liability company or joint venture shall have a current, valid license issued by the Oregon Construction Contractors Board, as required by ORS chapter 701 with respect to licensing, prior to submitting ... |
| 4.2. The Project does not involve asbestos, so Contractor is not required to be licensed with the Department of Environmental Quality pursuant to ORS 468A.720. |
| 5. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE |
| 5.1. It is the responsibility of each Bidder before submitting a Bid to: |
| 5.1.1. Examine thoroughly the Bidding Documents and other related data identified in the Bidding Documents. |
| 5.1.2. Visit the Site and become familiar with and satisfy Bidder as to the general, local and Site conditions that may affect cost, progress, or performance of the Work. |
| 5.1.3. Become familiar with and satisfy Bidder as to federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work. |
| 5.1.4. Study and carefully correlate the Bidder’s observations with the Bidding Documents. |
| 5.1.5. Carefully study all: |
| 5.1.5.1. Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been i... |
| 5.1.5.2. Reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable “Technical Data”. |
| 5.1.6. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports a... |
| 5.1.6.1. Cost, progress, and performance of the Work. |
| 5.1.6.2. Means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents. |
| 5.1.6.3. Bidder’s safety precautions and programs. |
| 5.1.7. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times requ... |
| 5.1.8. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. |
| 5.1.9. Promptly notify the Engineer of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in or between the Bidding Documents and such other related data and confirm that written resolution thereof by Engineer is acceptable to ... |
| 5.1.10. Determine Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work. |
| 5.2. Subsurface and Physical Conditions: |
| 5.2.1. The Supplementary Conditions identify: |
| 5.2.1.1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. |
| 5.2.1.2. Those drawings known to Owner of physical conditions relating to existing surface and subsurface structures at the Site (except Underground Facilities). |
5.2.2. Copies of reports and drawings utilized by the Engineer in the preparation of the Bidding Documents referenced will be made available by Owner to any Bidder on request at cost of reproduction and handling, plus postage for mailing (if mailing i...
| 5.3. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of ... |
| 5.4. Hazardous Environmental Condition: |
| 5.4.1. The Supplementary Conditions identify reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. |
| 5.4.2. Copies of reports and drawings referenced will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “Technical Data” contained therein upon which Bidder is entitled to r... |
| 5.5. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to di... |
| 5.6. Before submitting a Bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditio... |
| 5.7. On request, a minimum of two business days in advance, Owner will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Location of... |
| 5.8. Related Work at Site: Reference is made to the General Requirements for identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the ... |
| 5.9. Safety: Paragraph 7.12 of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions. |
| 5.10. Submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this article; |
| 5.10.1. that without exception the Bid is premised upon performing and furnishing the Work required by Bidding Documents and applying specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expr... |
| 5.10.2. that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder; and |
| 5.10.3. that Bidding Documents are generally sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. |
| 6. PREBID CONFERENCE |
| 6.1. Prospective Bidders are encouraged to attend a prebid conference at Durham AWRRF - TPS Building, 16060 SW 85th Ave, Tigard, Oregon 97224 that will begin at 1:00 p.m. local time on June 16, 2022 and last approximately one hour. Representatives of ... |
| 6.2. Owner will prepare and post Addenda to the Website that Owner considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. |
| 7. SITE AND OTHER AREAS |
| 7.1. The lands upon which the Work is to be performed, rights-of-way, and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Bidding Documents. Easements for permanent structu... |
| 8. ENVIRONMENTAL AND NATURAL RESOURCES LAWS AND REGULATIONS |
| 8.1. Bidder’s attention is directed to the Standard General Conditions of the Construction Contract (General Conditions) and Supplementary Conditions for ordinances and regulations dealing with the prevention of pollution and preservation of natural r... |
| 9. INTERPRETATIONS AND ADDENDA |
| 9.1. All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer via email. Additions, deletions, or revisions to the Bidding Documents considered necessary by Engineer in response to such questions will be issue... |
| 9.2. Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. Bidders shall acknowledge receipt of all Addenda on the Bid Form in the appropriate space. |
| 9.3. Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications. |
| 10. BID SECURITY |
| 10.1. A Bid shall be accompanied by Bid security made payable to Owner in an amount of 10 percent of Bidder’s maximum Bid price and in the form of a certified or cashier’s check or an approved Bid bond (on the attached form or one substantially simila... |
| 10.2. The check or bond shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with Owner, and will furnish the necessary insurance certificates, Owner’s Public Works Bond Information Form, Payment Bond, and P... |
| 10.3. A copy of the original Bid security will be provided as part of the electronically submitted Bid. Bidders must deliver the original bid security to Owner’s office at Rock Creek AWRRF, 3235 SW River Road, Hillsboro, Oregon 97123 within five busi... |
| 10.4. Within 14 calendar days after award of the Contract, Owner will return the Bid securities accompanying such Bids that are not being considered in making the award. All other Bid securities will be held until the Agreement has been finally execut... |
| 11. CONTRACT TIMES |
| 11.1. The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement. |
| 12. LIQUIDATED DAMAGES |
| 12.1. Provisions for liquidated damages, if any, are set forth in the Agreement. |
| 13. SUBSTITUTE AND “OR-EQUAL” ITEMS |
| 13.1. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Docu... |
| 14. SUBCONTRACTORS |
| 14.1. Oregon Revised Statutes (ORS) 279C.370 requires Bidders for public improvement projects exceeding $100,000 in Contract Price to submit a First-Tier Subcontractor Disclosure Form with their Bid, or within two working hours of Bid closing. The dis... |
| 14.2. The definition of a Subcontractor does not include Suppliers who provide materials only. |
| 14.3. If the Successful Bidder declines to make a substitution of a Subcontractor, Supplier, person, or organization acceptable to Owner, as required by Paragraph 7.06 of the General Conditions, Owner may award the Contract to the next lowest Bidder t... |
| 15. WAGE RATES/BOLI FEE |
| 15.1. The Work under these Bidding Documents is to be paid for by public funds. This is a public works project subject to the state prevailing rates of wage under ORS 279C.800 to 279C.870. Unless otherwise exempt, Contractor and any Subcontractors mus... |
| 15.2. ORS 279C.365(1)(g) requires that all Bids for public work, including those public work projects financed by federal funds and subject to the Davis Bacon Act, shall include a statement by the Bidder that it will comply with the provisions of ORS ... |
| 15.3. Owner shall be responsible for paying the fee required by ORS 279C.825(1) to the Commissioner of the Bureau of Labor and Industries. |
| 15.4. Oregon Statute 279C.836 requires that, before starting work on a contract or subcontract for a public works project, Contractor or Subcontractor shall file with the Construction Contractors Board a public works bond with the corporate surety aut... |
| 16. PREPARATION OF BID FORM |
| 16.1. The Bid shall be submitted on the Bid Forms provided herein. No substitution of the Bid Form will be allowed. |
| 16.2. All blanks on the Bid Form shall be completed by typing or printing with ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. |
| 16.3. A Bid by a corporation shall be executed in the corporate name by the president or a vice president or other corporate officer accompanied by enclosed Bid Certificate. The corporate seal shall be affixed and attested by the secretary or an assis... |
| 16.4. A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by enclosed Bid Certificate. The official address of the partnership shall be shown. |
| 16.5. A Bid by a limited liability company (LLC) shall be executed in the name of the LLC and be signed by a manager if the LLC is manager managed or a member if the LLC is member managed, accompanied by the enclosed Bid Certificate. The state of form... |
| 16.6. A Bid by a joint venture shall be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by the enclosed Bid Certificate, and his/her title must appear under the signature. The official address of the j... |
| 16.7. All names shall be typed or printed in ink below the signatures. |
| 16.8. The Bid shall contain an acknowledgement of receipt of all Addenda; the numbers of which shall be filled in on the Bid Form. |
| 16.9. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. |
| 16.10. Owner will consider the signatures on the Bid Forms as electronic signatures. |
| 17. Trade Secret/CONFIDENTIAL |
| 17.1 Any information Bidder submits in response to the Invitation to Bid (ITB) that Bidder considers a trade secret under ORS 192.345(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly... |
| 18. BASIS OF BID; COMPARISON OF BIDS |
| 18.1. The Bid will be compared and the basis for award will be set forth on the Bid Form. |
| 19. SUBMISSION OF BID |
| 19.1. The Bid Forms are to be completed and submitted with the Bid security and the following: |
| 19.1.1. First-Tier Subcontractor Disclosure Forms must be included with the Bid or electronically submitted to the Portal within two hours of the specified time for receipt of Bids. |
| 19.1.2. Bidder’s state Contractor license number for the State of Oregon shall be shown on the Resident/Nonresident Bidder Status/Construction Contractor’s Licensing and Public Works Bond Form. |
| 19.2. The Bid shall be delivered by the time and to the place stipulated in the Advertisement for Bids. It is the Bidder’s sole responsibility to see that its Bid is received in proper time and at the proper place. |
| 19.3. The Bid shall be submitted to the Portal following the instructions available on the Portal site by the date and hour of the opening of Bids. Oral, telegraphic, or telephonic Bids or modifications will not be considered. |
| 20. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS |
| 20.1. Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being nonresponsive. The Bid Forms shall be completed without interlineations, alterations, or erasures in the printed ... |
| 21. MODIFICATION AND WITHDRAWAL OF BID |
| 21.1. If you submitted your bid to the Portlan, you may withdraw your bid and revise and resubmit it up until the Bid Deadline. |
| 21.2. If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation o... |
| 22. OPENING OF BIDS |
| 22.1. Bids will be opened at the time and place indicated in the Advertisement for Bids and unless obviously nonresponsive, read aloud publicly by telephone conference. An abstract of the amounts of the base Bids and major alternates, if any, will be... |
| 23. BIDS TO REMAIN SUBJECT TO ACCEPTANCE |
| 23.1. All Bids will remain subject to acceptance for the period of time stated in the Bid Forms, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. |
| 24. EVALUATION OF BIDS AND AWARD OF CONTRACT |
| 24.1. Nonresident Bidders: In determining the lowest responsible Bidder, Owner will for the purpose of awarding the Contract, add a percent increase on the Bid of a nonresident Bidder equal to the percent, if any, of the preference given to that Bidde... |
| 24.2. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced or conditional Bids and may cancel the procurement. Owner further reserves the right to reject the Bid of any Bidder whom ... |
| 24.3. More than one Bid from an individual, firm, partnership, corporation, LLC or association under the same or different names will not be considered. If Owner believes that any Bidder is interested in more than one Bid for the Work contemplated, al... |
| 24.4. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Forms or prior to the Notice of Award. |
| 24.5. Discrepancies in Bids. In the event there is more than one Bid item in a Bid Schedule, the Bidder shall furnish a price for all Bid items in the Schedule, and failure to do so will render the Bid non-responsive and will cause its rejection. In t... |
| 24.6. In evaluating Bidders, Owner may consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the iden... |
| 24.7. Owner may conduct such investigations as Owner deems necessary to assist in Bid evaluation and to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed f... |
| 24.8. If the Contract is to be awarded, Owner will award the Contract to Bidder whose Bid is in the best interests of Owner. If the Contract is to be awarded, Owner will award the Contract to the lowest, responsible Bidder whose Bid complies with the ... |
| 24.9. Owner may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice o... |
| 24.10. If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid exceeds the funds then estimated by Owner as available, Owner may reject all Bids or take such other action as best serves Owner’s interests. |
| 24.11. In the event of failure of the Successful Bidder to sign the Agreement and provide acceptable Performance and Payment Bond(s), insurance certificate(s), and other required documents, Owner may award the Contract to the next lowest responsive, r... |
| 24.12. Award of the Contract, if awarded, will be made to the lowest responsive, responsible Bidder whose Bid complies with the requirements of the Bidding Documents. Unless otherwise specified, any such award will be made within the period stated in ... |
| 25. CONTRACT SECURITY AND INSURANCE |
| 25.1. Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to bonds and insurance. When the Successful Bidder delivers an executed Agreement to Owner, it shall be accompanied by su... |
| 26. SIGNING OF AGREEMENT |
| 26.1. When Owner issues a Notice of Award to the Successful Bidder, it will also provide electronic access to a copy of the of unsigned counterparts of the Agreement along with the other Contract Documents that are identified in the Agreement and atta... |
| 26.2. The Bidder to whom award is made shall electronically execute the Agreement with Owner on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Bidding Documents within the time ... |
| 27. RETAINAGE |
| 27.1. Provisions concerning retainage and Contractor’s rights to deposit securities in lieu of retainage, if applicable, are set forth in the Agreement. |
| 28. CONTRACTS TO BE ASSIGNED |
| 28.1. Not Applicable. |
| 29. PROTEST PROCEDURE. |
| 29.1. Owner has adopted its own public contracting rules and is not subject to the Attorney General’s Model Public Contracting Rules. Owner’s rules have opportunities for Bidders to protest at various stages in the procurement process. This section on... |
| 29.2. Specification Protest Process. Under Owner’s rules, Prospective Bidders must submit a written protest of the Specifications to Owner not less than ten calendar days prior to the due date for Bids. The written protest must: |
| 29.2.1. Be delivered to Michelle Mann, Owner’s representative, by email and first class mail to the email address and Owner’s Office Address in Section 29.1. |
| 29.2.2. Reference the title of the Bidding Documents. |
| 29.2.3. Identify the prospective Bidder’s name and contact information. |
| 29.2.4. Be signed by an authorized representative. |
| 29.2.5. State the reason or the grounds for the protest, including: |
| 29.2.5.1. A detailed statement of the legal and factual grounds for the request or protest; |
| 29.2.5.2. A description of the resulting prejudice to the Bidder; and |
| 29.2.5.3. A statement of the form of relief requested or any proposed changes to the Specifications. |
29.2.6. Be received by Michelle Mann within ten calendar days prior to the due date for Bids. Owner shall not consider a prospective Bidder’s protest if it is submitted after the established time period.
| 29.3. Solicitation Protest. Under Owner’s rules, prospective Bidders may submit a written protest of anything contained in the Bidding Documents, including but not limited to the Invitation to Bid process, Scope of Work and the Contract Documents. Th... |
| 29.3.1. Be delivered to Michelle Mann, by email and first class mail to the email address and Owner’s Office Address in Section 29.1. |
| 29.3.2. Reference the title of the Bidding Documents. |
| 29.3.3. Identify the prospective Bidder’s name and contact information. |
| 29.3.4. Be signed by an authorized representative. |
| 29.3.5. State the reason or the grounds for the protest, including: |
| 29.3.5.1. The grounds that demonstrate how the procurement process is contrary to law or unnecessarily restrictive, is legally flawed or improperly specifies a brand name; |
| 29.3.5.2. Evidence or documentation that supports the grounds on which the protest is based; and |
| 29.3.5.3. Relief sought. |
| 29.3.6. State the desired changes to the procurement process or the Bidding Document provisions that the prospective Bidder believes will remedy the conditions that were the basis of the protest. |
| 29.3.7. Be received by Michelle Mann within ten calendar days prior to the due date for Bids. Owner shall not consider a prospective Bidder’s protest if it is submitted after the established time period. |
| 29.4. Award Protest. Affected or aggrieved Bidders will also have an opportunity to protest Owner’s Notice of Award that Owner will post under the title of the Bidding Documents Norwood Pump Station, Project No. 7056 on its Website. A Bidder is adve... |
| 29.4.1. Be delivered to Michelle Mann, by email and first class mail to the email address or Owner’s Office Address in Section 29.1. |
| 29.4.2. Reference the title of the Bidding Documents. |
| 29.4.3. Identify the prospective bidder’s name and contact information. |
| 29.4.4. Be signed by an authorized representative. |
| 29.4.5. Specify the grounds for the protest. |
| 29.4.6. Be received by Michelle Mann within seven calendar days after issuance of Owner’s Notice of Award. |
| 29.5. Owner shall not consider a Bidder’s protest if it is submitted after the established time period. A Bidder must exhaust all administrative remedies before seeking judicial review of Owner’s contractor selection or Contract award decision. |
| 29.6. Award decision. The award by Owner, or if required by Owner's Board of Directors of a Contract shall constitute a final decision of the Owner to award a Contract if no written protest of the award is filed. |
| 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents entitled Norwood Pump St... |
| 2. Bidder accepts all of the terms and conditions of the Bidding Documents, Contract Documents, including without limitation those in the Advertisement for Bids and Instructions to Bidders, dealing with the disposition of the Bid security. |
| 3. This Bid will remain open for 60 calendar days from the Bid due date unless otherwise required by law or for such longer period of time that Bidder may agree to in writing upon request of Owner. Bidder will enter into an Agreement within the time a... |
| 4. BIDDER’S REPRESENTATIONS |
| 4.1. In submitting this Bid, Bidder represents that: |
| 4.1.1. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. |
| 4.1.2. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, Site, locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the con... |
| 4.1.3. Bidder has visited the Site (or was offered the opportunity to visit) and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. |
| 4.1.4. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. |
| 4.1.5. Bidder has carefully studied: i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground F... |
| 4.1.6. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-rela... |
| 4.1.7. Based on information and observations referred to in paragraph above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of t... |
| 4.1.8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. |
| 4.1.9. Bidder has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. |
| 4.1.10. The Bidding Documents are generally sufficient to indicate and convey understanding of terms and conditions for the performance of the Work for which this Bid is submitted. |
| 5. BIDDER’S CERTIFICATION |
| 5.1. Bidder certifies: |
| 5.1.1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation; |
| 5.1.2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; |
| 5.1.3. Bidder has not solicited or induced any individual or entity to refrain from bidding. |
| 5.1.4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Agreement. For the purposes of this paragraph: |
| 5.1.4.1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; |
| 5.1.4.2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish Bid prices at artificial noncompetitive levels, or (c) to deprive Owner of the benefit... |
| 5.1.4.3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels; and |
| 5.1.4.4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Agreement. |
| 5.1.5. Owner is tax exempt. Required sales and use taxes are included in the stated Bid prices for the Work unless provision is made herein for the Bidder to separately itemize the estimated amount of sales tax or if Instructions to Bidders state Owne... |
| 5.1.6. Bidder will be bound by and comply with all of the applicable requirements of ORS 279C.800 to 279C.870 and the administrative rules of the Bureau of Labor and Industries (BOLI) regarding prevailing wage rates and will pay prevailing wage rates ... |
| 5.1.7. Neither Bidder nor their Subcontractors are on the BOLI list of persons having violated prevailing wage rate laws. |
| 5.1.8. Bidder has not discriminated and will not discriminate, in violation of ORS 279A.110(1) against any disadvantaged business enterprise, a minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emergi... |
| 5.1.9. Bidder is not in violation of any tax laws described in ORS 305.385. |
| 5.1.10. Bidder has established a drug-testing program for employees per ORS 279C.505 and that Bidder, if awarded the Agreement, will at the time of Agreement award represent and warrant to Owner that its employee drug-testing program remains in place ... |
| 5.1.11. In accordance with OAR 137-049-0200, Subcontractors performing work will be registered with the Construction Contractors Board before Subcontractor commences work. |
| 5.1.12. Bidder shall comply with the prohibitions set forth in ORS 652.220 prohibiting discriminatory wage rates based upon an employee’s membership in a protected class and acknowledges that compliance is a material element of the Agreement and failu... |
| 5.1.13. Bidder’s information contained in the Resident/Nonresident Bidder Status, Construction Contractor’s Licensing and Public Works Bond Information sections is true and correct. |
| 5.1.14. Owner shall not be liable for any expenses incurred by Bidder in preparing or submitting its Bid or in participating in the Bid evaluation/selection process. |
| 6. BASIS OF BIDS |
| 6.1. Bidder shall complete the Work in accordance with the Contract Documents for the price(s) described in the attached Bid Schedule. |
| 7. TIME OF COMPLETION |
| 7.1. Bidder agrees to complete the Work within the Contract Times stipulated in the Agreement and accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work, and any specified Milestones, within the C... |
| 8. ATTACHMENTS TO THIS BID |
| 8.1. The following documents are submitted with and made a condition of this Bid: |
| Bid Schedule |
| Bid Certificate |
| Bid Bond |
| Resident/Nonresident Bidder Status /Construction Contractor’s Licensing and Public Works Bond Form |
| First-Tier Subcontractor Disclosure Form |
| Schedule of Bid Prices for |
| Norwood Pump Station, |
| Project No. 7056 |
| 1. Lump Sum Work |
| 1.1 Bidder proposes and agrees to accept as full payment the following bid amount for the Norwood Pump Station Project No. 7056 proposed within the Bidding Documents, and certifies that this amount is based upon the undersigned's own estimate of quant... |
| 1.1. Lump Sum Bid Price: $ |
| 2. MAJOR EQUIPMENT OPTIONS PRICE SCHEDULES |
| 2.1. The Option Price shall include the quantity in the Bidding Documents and all associated requirements identified in the specification sections listed below as the responsibility of the contractor, equipment manufacturer and/or supplier. |
| 2.2. The Bidder shall provide a price for the ‘A’-listed manufacturer. |
| 2.3. If the Owner selects an option other than an ‘A’-listed manufacturer, the lump sum bid price will be modified by change order after Contract award. |
| 2.4. Include in the Option Price for each Bidder-proposed option, the cost of Work, redesign and construction changes, including, but not limited to, electrical, mechanical, structural, and any other modifications to the Work necessary to make the sev... |
| 2.5. Bidder may propose an “or equal” option for the ‘A’-listed Major Equipment where indicated by including the Manufacturer’s name for items where a blank has been provided. |
| 2.6. Any schedule delays caused by Owner’s selection of an option other than the option included in the Base Bid Price will not constitute grounds for an adjustment to the Agreement. |
| 3. Base Bid Summary |
| 3.1. Insert the Lump Sum cost into the blank space provided in Section 3.1 of the Bid Form. The price shall be the actual cost of the Lump Sump work, which includes the sum of all ‘A’-listed Major Equipment and shall be greater than zero dollars. |
| $_____________________________________ |
| (figures) |
| _______________________________________ |
| (words) |
| ARTICLE 1. WORK. |
| 1.1 Contractor shall complete the work as specified or indicated in Owner's Contract Documents (Work) entitled Norwood Pump Station Project No. 7056 (Project). The Work is generally described as follows: |
| ARTICLE 2. ENGINEER. |
| 2.1 The Project has been designed by Tetra Tech, Inc. (Engineer), who is to act as Owner’s representative, assume duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with the compl... |
| ARTICLE 3. CONTRACT TIMES. |
| 3.1 Time of the Essence: Time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. |
| 3.2 Dates for Substantial Completion and Final Completion: |
| 3.2.1 The Work shall be substantially completed, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates indicated below: |
| Substantial Completion July 1, 2023 |
| Final Completion August 1, 2023 |
3.3 Owner recognizes that the novel coronavirus (COVID-19) may impact the Project schedule. Owner will extend the schedule for COVID-19 related delays, as requested by the Contractor and in accordance with Article 4, Paragraph 4.05.C of the General Co...
| ARTICLE 4. LIQUIDATED DAMAGES. |
| 4.1 Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the time(s) specified in Article 3 herein, plus any extensions thereof allowed in accordance... |
| 4.2 In addition, Contractor shall pay damages of impacts to other contractors/suppliers affected by Contractor delays. |
| 4.3 Owner shall recover liquidated damages by deducting the amount owed by Change Order or from the final payment or any retainage held by Owner. |
| ARTICLE 5. CONTRACT PRICE. |
| 5.1 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount(s) set forth in the conformed Bid Forms, which are included as an attachment to this Agreement. The contract price is as fo... |
| 5.1.1 A Lump Sum of $____________. |
| 5.2 In accordance with Article 4, Paragraph 4.05.C of the General Conditions section of the Contract Documents, the contract price will not be adjusted due to schedule delays caused by COVID-19. The adjustment in Contract Time shall be Contractor’s so... |
| ARTICLE 6. PAYMENT PROCEDURES. |
| 6.1 Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. |
| 6.2 Progress Payments and Retainage: Prior to Final Completion, Owner will retain from progress payments and any incentive payment, five percent of the value of the work completed unless Owner approves a surety bond per Article 6.4. Contractor may e... |
| 6.3 In lieu of retainage, Contractor may elect on the Selection of Retainage Option Form to have accumulated funds deposited by Owner, as provided in ORS 279C.560, in an interest-bearing account. Interest on such an account would accrue to Contractor.... |
| 6.4 In lieu of retainage Contractor, with the approval of Owner, may elect on the Selection of Retainage Option Form to deposit a surety bond for all or any portion of the retainage in a form acceptable to Owner. Such bond and any proceeds therefrom s... |
| 6.5 Upon Substantial Completion, Owner will pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less retainage and such amounts as Engineer will determine in accordance with Paragraph 15.01.C.6 of th... |
| 6.6 Final Payment: |
| 6.6.1 Upon Final Completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner will pay the remainder of the Contract Price as recommended by Engineer as provided in Paragraph 15.06. |
| ARTICLE 7. INTEREST |
| 7.1 Monies not paid when due as provided in Article 15 of the General Conditions shall bear interest at the rate as provided for in ORS 279C.570. |
| 7.2 Interest on retainage withheld by Owner, if any, will be paid in accordance with Article 6.2. |
| ARTICLE 8. PREVAILING WAGE RATES/BOLI FEE/PUBLIC WORKS BOND REQUIRED. |
| 8.1 The Project is a public works project. Contractor agrees that the provisions required by ORS 279C.830 pertaining to Contractor’s payment of prevailing wage rates shall be included as part of this Agreement. Contractor must pay workers in each tra... |
| 8.2 Owner will be responsible for paying the fee required by ORS 279C.825 to the Commissioner of the Bureau of Labor and Industries. |
| 8.3 Before starting any Work on the Project, Contractor and every Subcontractor performing Work on the Project must have a public works bond filed with the Construction Contractors Board, unless exempt under ORS 279C.836(4), (7), (8), or (9). Contract... |
| ARTICLE 9. CONTRACTOR’S REPRESENTATIONS |
| 9.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: |
| 9.1.1 Contractor has examined and carefully studied the Contract Documents and any other related data identified in the Bidding Documents. |
| 9.1.2 Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. |
| 9.1.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. |
| 9.1.4 Contractor has carefully studied: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Undergrou... |
| 9.1.5 Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and Site-... |
| 9.1.6 Based on the information and observations referred to above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, w... |
| 9.1.7 Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. |
| 9.1.8 Contractor has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. |
| 9.1.9 The Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performance and furnishing of the Work. |
| ARTICLE 10. CONTRACT DOCUMENTS. |
| 10.1 The Contract Documents which comprise the entire Agreement between Owner and Contractor concerning Work are: |
| 10.1.1 This Agreement |
| 10.1.2 Conformed Bid Forms |
| 10.1.3 Executed Performance and Payment Bonds |
| 10.1.4 Copies of Public Works Bonds from Contractor and every Subcontractor on the Project |
| 10.1.5 Contract Specifications: Divisions 00 and 01 (Except Section 00030, Advertisement to Bid, and Section 00100, Instructions to Bidders); Divisions 02 through 16 |
| 10.1.6 Contract Drawings |
| 10.1.7 General Conditions. |
| 10.1.8 Supplementary Conditions. |
| 10.1.9 Specifications as listed in the table of contents of the Project Manual. |
| 10.1.10 Drawings consisting of 42 sheets with each sheet bearing the following general title: “Norwood Pump Station, Project No. 7056”. |
| 10.1.11 Addenda numbers ___ to ___, inclusive |
| 10.1.12 Selection of Retainage Option Form if applicable. |
| 10.1.13 Permits from outside agencies. |
| 10.2 There are no Contract Documents other than those listed in this Article. |
| 10.3 The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. |
| ARTICLE 11. ASSIGNMENT. |
| 11.1 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations con... |
| 11.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, monies that m... |
| ARTICLE 12. PAYROLL AND CERTIFIED STATEMENT FILING AND ADDITIONAL RETAINAGE. |
| 12.1 Contractor or Contractor's surety, and every subcontractor or subcontractor's surety, shall file with Owner written payroll and certified statements (Certified Payrolls) that accurately and completely contain the payroll records for each week dur... |
| 12.2 Owner shall retain 25 percent of any amount earned by Contractor, in addition to other retainage, on the Work until Contractor has filed with Owner the required Certified Payrolls. Owner shall pay Contractor the amount retained under this Section... |
| 12.3 Contractor shall retain 25 percent of any amount earned by a first-tier subcontractor on the Work until the subcontractor has filed with Owner the required Certified Payrolls. Contractor shall verify that the first-tier subcontractor has filed th... |
| ARTICLE 13. miscellaneous |
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