Bid Doc Demo Polivka-Bright-Len-Pete.pdf

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CLACKAMAS

800 RADIO

GROUP

INVITATION TO BID

FOR THE

DEMOLTION OF FIVE PUBLIC SAFETY

COMMUNICATION TOWERS

LOCATED AT:

Mt Scott 10931 SE Ridgeway Dr, Happy Valley, OR Pete’s Mtn 1775 SW Schaffer Rd, West Linn, OR

Polivka 26230 SE Wally Rd, Boring, OR Brightwood 62150 E Road 2503, Brightwood, OR

Linhart 48230 SE Linhart Butte, Sandy, OR

BID OPENING

DATE: August 10, 2022

PLACE: Washington County Consolidated Communications Agency WCCCA / 17911 NE Evergreen Parkway Beaverton, OR 97006

BID CLOSING August 10, 2022, 1:00 PM

SUBCONTRACTOR LIST DUE August 10, 2022, 1:00 PM

BID OPENING August 10, 2022, 1:15 P.M.

ISSUED BY:

CLACKAMAS 800 RADIO GROUP

11300 SE Fuller Rd

Milwaukie, OR 97222 July 20, 2022

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TABLE OF CONTENTS

SECTION I PUBLIC IMPROVEMENT INVITATION TO BID

SECTION 2 INSTRUCTIONS TO BIDDERS

SECTION 3 BID FORMS

BIDDER CERTIFICATION FORM

BID SCHEDULE OF PRICES

BID BOND

AFFIDAVIT OF NON-COLLUSION

FIRST TIER SUBCONTRACTOR FORM

BIDDER RESPONSIBILITY FORM

SECTION 4 PERFORMANCE AND PAYMENT BOND

SECTION 5 CERTIFICATE OF INSURANCE

SECTION 6 GENERAL CONDITIONS

SECTION 7 SCOPE OF WORK

SECTION 8 AGREEMENT FORM

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SECTION 1

PUBLIC IMPROVEMENT INVITATION TO BID

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PUBLIC IMPROVEMENT INVITATION TO BID

Notice is hereby given that Clackamas 800 Radio Group (C800) will open sealed bids at WCCCA 17911 NE Evergreen Parkway Beaverton OR 97006 for the:

DEMOLITION OF FIVE PUBLIC SAFETY COMMUNICATION TOWERS LOCATED AT:

Mt Scott 10931 SE Ridgeway Dr, Happy Valley. OR Pete’s Mtn 1775 SW Schaffer Rd, West Linn. OR

Polivka 26230 SE Wally Rd, Boring, OR

BID CLOSING August 10, 2017 at 1:00 PM SUBCONTRACTOR LISTS DUE August 10, 2017 at 1:00 PM BID OPENING August 10, 2017 at 1:15 PM

No bids will be received or considered after the time of closing.

These projects each involve the demolition or deconstruction of existing 150’ three leg lattice communication towers and foundation removal to 12” below grade.

The engineer’s estimate for this project is between $40,000 and $50,000 each.

There will not be a PRE-BID CONFERENCE.

This is a public work contract and thus subject to payment of prevailing wages per ORS 279C 800 to 870.

Prospective Proposers must register with Oregon Buys Oregonbuys.gov to obtain the solicitation documents. Questions may be directed to John Hartsock, Manager C800 at john.hartsock@c800.org

(503) 780-4806.

The C800 Board of Directors reserves the right to reject any and all bids not in compliance with all prescribed public bidding procedures and requirements, may reject for good cause any and all bids upon the finding that it is in the public interest to do so and may waive any and all informalities.

DATED this 20 day of July 2022 mailto:john.hartsock@c800.org

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SECTION 2

INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

2.1 This Solicitation is issued pursuant to ORS 279A, ORS 279C and the Oregon Attorney General Model Rules Divisions 46 and 49. The term "C800" or “Owner” throughout this document means Clackamas 800 Radio Group, the term “Bidder” means a Contractor that submits a Bid in response to this Solicitation, and the term “Contractor” means the Bidder awarded a contract as a result of this Solicitation.

2.2 SCOPE.

a. The purpose of this Solicitation is to establish a Construction Contract between the Bidder awarded the contract (Contractor) and C800 (Owner) for the provision of construction services for the demolition of five public safety communications towers.

b. The selected Contractor shall provide all labor, materials, plant, equipment, transportation and other facilities and services as necessary and/or required to execute all of the Work described in this solicitation document.

c. In addition to the requirements set forth in this solicitation document, and all enclosures and addenda, the provisions of the Owner-Contractor Agreement are hereby incorporated by reference.

2.3 SOLICITATION SCHEDULE

INVITATION TO BID ADVERTISED July 20, 2022

LAST DATE FOR SPECIFICATION PROTEST August 10, 210716 2:00PM

BID CLOSING August 10, 2022, 1:00 PM

SUBCONTRACTOR LISTS SUBMISSION August 10, 2022, 1:00 PM

BID OPENING August 10, 2022, 1:15 PM

NOTICE OF INTENT TO AWARD TENTATIVELY August 19, 2022

LAST DATE TO PROTEST AWARD 7 DAYS AFTER NOTICE OF INTENT TO AWARD

TENATIVE CONTRACT AWARD September 1, 2022

2.5 C800 REPRESENTATIVE. The C800 Representative for this contract is John Hartsock, Manager.

2.6 BID PREPARATION.

a. Bidder shall complete and return as its Bid, the following forms and information (see blank forms in Enclosures):

i. Bid Proposal,

ii. Summary of Prices,

iii. Bid Security (Bid Bond),

iv. Non-Collusion Form,

v. Bidder Responsibility Form, and.

vi. First Tier Disclosure Form (with Bid at Closing)

b. Failure to submit these and any other document as requested or required in accordance with this solicitation shall be grounds to declare the Bid nonresponsive.

2.7 CONSTRUCTION CONTRACT, BONDS, INSURANCE.

a. The Contractor awarded this solicitation shall, within ten (10) calendar days after receipt of a Notice of Award.

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i. Provide the required Performance Bond, Payment Bond; provide proof that the Statutory Public Works Bond has been filed with the CCB; Insurance Certificate (see enclosed sample contract for amount requirements); Proof of current CCB registration; and any guarantees and/or other required item(s).

ii. Sign the executed Construction Contract issued by the C800 Representative.

b. If these items are not received as specified then the Construction Contract shall be voided, the Bid bond will be executed, and the Contract may be awarded to the next lowest Bidder.

2.8 NO WAIVER OF CONDITIONS; Failure of C800 to insist on strict performance shall not constitute a waiver of any of the provisions of this Contract or waiver of any other default of the Contractor.

2.9 SCOPE OF WORK RESERVATION; The right is reserved by C800, before or after award, to make changes in the scope of the work as may be considered necessary, and in the interest of the public. Contract Amount adjustments for such changes shall be considered negotiated and will be provided for in the contract documents.

2.10 NOTICE TO PROCEED.

a. The Contractor shall not begin work until a Notice to Proceed is issued by the C800 Representative.

b. C800 reserves the right to cancel the contract at no penalty if it is in the best interest of the public to do so, if:

i. a protest was received that overturns the award of this contract, or

ii. Funding for the project is not available.

2.11 ELIGIBILITY FOR AWARD OF CONTRACT:

a. Construction Contracts. C800 will not award a contract to do Work as a Contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration issued by the Construction Contractors Board at the time the contract is awarded.

b. Landscape Contracts. C800 will not award a contract to do Work as a landscape Contractor as defined in ORS 671.520(2), unless the Person has a current, valid landscape Contractor’s license issued pursuant to ORS671.560 by the State Landscape Contractors Board at the time the Offer is made.

2.12 PRE-BID CONFERENCE; A pre-bid conference will not be held.

2.13 ADDENDA:

a. Issuance; Receipt. C800 may change this Solicitation only by Written Addenda. A Bidder shall provide written acknowledgement of receipt of all issued Addenda with their Bid on the Bidder Certifications Form.

b. Notice and Distribution. C800 will notify all known plan holders by posting of any Addenda on Oregon Buys.

It is the Bidders responsibility to inquire about Addenda - Bidders should frequently check until Closing about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

c. Timelines; Extensions. C800 shall issue Addenda within a reasonable time to allow prospective Bidders to consider the Addenda in preparing their Bids. C800 may extend the Closing if C800 determines prospective Bidders need additional time to review and respond to Addenda. Except to the extent required by public interest, C800 shall not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

d. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Bidder may submit a Written request for change or protest to the Addendum, as provided in OAR 137-049-0260, by the close of C800's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-049-0260, whichever date is later. C800 shall consider only a Bidder's request for change or protest to the Addendum; C800 shall not consider a request for change or protest to matters not added or modified by the Addendum unless the Bidder submits the request for change or protest before the deadline for C800’s receipt of request for change or protests as set forth in OAR 137-049- 0260(2) and (3).

2.14 REQUEST FOR CLARIFICATION OR CHANGE, PROTEST:

a. Clarification. Prior to the deadline for submitting a written request for change or protest, a Bidder may request that C800 clarify any provision of the solicitation document. C800's clarification to a Bidder, whether orally or

Bid for Five Communication Tower Demolition Page 13 in Writing, does not change the solicitation and is not binding on C800 unless C800 amends the solicitation by Addendum.

b. Request for Change.

i. Delivery. A Bidder may request in writing a change to the Specifications or contract terms and conditions. A Bidder shall deliver the Written request for change to C800 by NOON five (5) Days prior to Closing to the address listed on the introduction page.

ii. Content of Request for Written Change:

A. Bidders Written request for change shall include a statement of the requested change(s) to the contract terms and conditions, including any Specifications, together with the reason for the requested change.

B. A Bidder shall mark its request for change as follows:

(i) “Contract Provision Request for Change”; and

(ii) Solicitation number.

c. Protest.

i. Delivery. A Bidder may protest specifications or contract terms and conditions. A Bidder shall deliver a written protest on those matters to the C800 by NOON five (5) Days prior to Closing.

ii. Content of Protest.

A. A Bidders Written protest shall include:

(i) A detailed statement of the legal and factual grounds for the protest.

(ii) A description of the resulting prejudice to the Bidder; and

(iii) A statement of the desired changes to the contract terms and conditions, including any Specifications. B. A Bidder shall mark its protest as follows:

(i) “Contract Provision Protest”; and

(ii) Solicitation number.

ii. The Response. C800 is not required to consider a Bidders request for change or protest after the deadline established for submitting such request or protest. C800 shall provide notice to the applicable Person if it entirely rejects a protest. If C800 agrees with the Person's request or protest, in whole or in part, C800 shall either issue an Addendum reflecting its determination under OAR 137-49-0260 or cancel the Solicitation under OAR 137-49-0270.

d. Extension of Closing. If C800 receives a written request for change or protest from a Bidder in accordance with this Rule, C800 may extend Closing if C800 determines an extension is necessary to consider the request or protest and issue an Addendum, if any, to the Solicitation.

2.15 CANCELLATION OF SOLICITATION; Cancellation in the Public Interest. C800 may cancel a Solicitation for good cause if C800 finds that cancellation is in the public interest. C800's reasons for cancellation shall be made part of the Solicitation file.

2.16 BID SUBMISSIONS:

a. Offer and Acceptance. The Bid is the Bidder's offer to enter a Contract. The Offer is always a "Firm Offer," i.e., the Bid shall be held open by the Bidder for C800's acceptance for ninety (90) days. C800 may elect to accept the Bid at any time during the specified period, and C800's Award of the Contract to a Bidder constitutes acceptance of the Offer and binds the Bidder to the Contract.

b. Responsive Bid. C800 may award a Contract only to a Responsible Bidder with a Responsive Bid.

c. Contingent Bids. A Bidder shall not make a Bid contingent upon C800's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

d. Bidders Acknowledgement. By submitting a Bid, the Bidder acknowledges they have read and understand the terms and conditions contained in the Solicitation and that they accept and agree to be bound by the terms and conditions of the Solicitation. Unless defects, ambiguities, omissions, or errors are brought to C800's attention within FIVE (5) workdays prior to Closing, protests or appeals based on such defects, ambiguities, Bid for Five Communication Tower Demolition Page 14 omissions, or errors received after issuance of the Notice of Intent to Award (NIA) will not be favorably considered.

e. Instructions. A Bidder shall submit and sign their Bid. A Bidder shall initial any corrections or erasures to their Bid.

f. Forms. Bidders shall submit their Bid on the form(s) provided.

g. Documents. Bidders shall provide C800 with all documents and descriptive literature requested.

h. Facsimile or Electronic Submissions. C800 will not accept facsimile or electronic Bids.

i. Product Samples and Descriptive Literature. C800 may require product samples or descriptive literature if it is necessary or desirable to evaluate the quality, features, or characteristics of the offered items. C800 will dispose of product samples or return or make available for return product samples to the Bidder.

j. Identification of Bids.

i. To ensure proper identification and handling, Bids shall be submitted in a sealed envelope appropriately marked with the Bidders name and address and Tower Demolition Bid in large block numbers.

ii. C800 is not responsible for Bids submitted in any manner, format or to any delivery point other than as required in the Solicitation.

k. Receipt of Bids. The Bidders are responsible for ensuring that C800 receives their Bid at the required delivery point prior to the closing due date and time, regardless of the method used to submit or transmit the Bid. Bids shall be mailed, or hand delivered and received prior to the closing due date and time to WCCCA (Washington County Consolidated Communications Agency) 17911 NE Evergreen Parkway Beaverton, OR 97006

l. Failure to submit Bids in accordance with the provisions of this shal l be grounds to declare the Bid as nonresponsive.

m. Certification. Bidders shall (on the Bidder Certification form enclosed):

i. Indicate that the Bidder will comply with Prevailing Wage Laws ORS;

iii. Provide certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

iv. Provide written acknowledgment of receipt of all Addenda.

2.17 BID SECURITY:

a. Security Amount. C800 requires Bid security of 5% of the Bidders Bid, consisting of the base Bid together with all additive alternates. The Bidder shall forfeit Bid security after Award if the Bidder fails to execute the Contract and promptly return it with any required Performance Bond and Payment Bond and with any required proof of insurance (see enclosed sample contract for amount requirements).

b. Form of Bid Security. C800 may accept only the following forms of Bid security:

i. A surety bond from a surety company authorized to do business in the State of Oregon.

ii. An irrevocable letter of credit issued by an insured institution as defined in ORS 706.008; or

iii. A cashier's check or Bidders certified check.

c. Return of Security. C800 shall return or release the Bid security of all unsuccessful Bidders after a Contract has been fully executed and all required bonds and insurance have been provided, or after all Offers have been rejected.

2.18 MODIFICATION OR WITHDRAWAL:

a. Modifications. A Bidder may modify their Bid in writing prior to the Closing. A Bidder shall prepare and submit any modification to its Bid to C800 in accordance with OAR 137-49-0280. Any modification shall include the Bidders statement that the modification amends and supersedes the prior Bid. The Bidder shall hand deliver or mail its modification and mark envelope as follows:

“Bid Modification”; and Solicitation Name.

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b. Withdrawals. A Bidder may withdraw its Bid by Written notice submitted on the Bidders letterhead, signed by an authorized representative of the Bidder, hand delivered or mailed, and received by C800 prior to the Closing.

The Bidder or authorized representative of the Bidder may also withdraw its Bid in Person prior to the Closing, upon presentation of appropriate identification and satisfactory evidence of authority.

i. C800 may release an unopened withdrawn Bid to the Bidder or its authorized representative, after voiding any date and time stamp mark;

ii. The Bidder shall mark the Written request to withdraw a Bid as follows:

“Bid Withdrawal”; and Solicitation Name

c. Documentation. C800 shall include all documents relating to the modification or withdrawal of Bids in the Solicitation file.

2.19 RECEIPT, OPENING, AND RECORDING OF BIDS:

a. Receipt of Bids. The Bidder is responsible for ensuring that C800 receives its Bid at the required delivery point prior to the Closing, regardless of the method used to submit or transmit the Bid. C800 shall electronically or mechanically timestamp or hand-mark each Bid and any modification upon receipt. C800s' official time clock is located in the lobby of WCCCA. In the event of a discrepancy between the stamp clock and the official time clock, the official time clock time prevails. In the event a Bid is too large to be time stamped a separate paper will be time stamped and attached to the Bid or marked by hand the date and time it was received.

b. Opening and Recording. C800 shall publicly open Bids including any modifications made to the Bid pursuant to OAR 137-49-0320. In the case of Invitations to Bid, to the extent practicable, C800 shall read aloud the name of each Bidder, the Bid price(s), and such other information as C800 considers appropriate.

c. Availability. After Opening, C800 shall make Bids available for public inspection. C800 may withhold from disclosure those portions of a Bid that the Bidder designates as trade secrets or as confidential proprietary data in accordance with applicable law. See ORS 192.501(2); ORS 646.461 to 646.475.

2.20 LATE BIDS, WITHDRAWALS AND MODIFICATION; Any Bid received after the Closing date and time is late. A Bidders request for withdrawal or modification of a Bid received after Closing is late. The C800 shall not consider late Bids, withdrawals or modifications except as permitted in OAR 137-49-0350 or 0390.

2.21 MISTAKES:

a. Generally. To protect the integrity of the competitive Procurement process and to assure fair treatment of Bidders, C800 should carefully consider whether to permit waiver, correction or withdrawal of Offers for certain mistakes.

b. C800 Treatment of Mistakes. C800 shall not allow a Bidder to correct or withdraw an Offer for an error in judgment. If C800 discovers certain mistakes in an Offer after Opening, but before Award of the Contract, C800 may take the following action:

i. C800 may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Offer, or an insignificant mistake that can be waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidder's failure to:

A. Return the correct number of Signed Offers or the correct number of other documents required by the Solicitation Document.

B. Sign the Offer in the designated block, provided a Signature appears elsewhere in the Offer, evidencing an intent to be bound; and

C. Acknowledge receipt of an Addendum to the Solicitation Document, provided that it is clear on the face of the Offer that the Bidder received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

ii. C800 may correct a clerical error if the error is evident on the face of the Offer or other documents submitted with the Offer, and the Bidder confirms C800's correction in Writing. A clerical error is a Bidder's error in transcribing its Offer. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by

Bid for Five Communication Tower Demolition Page 16 dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Offer). In the event of a discrepancy, unit prices shall prevail over extended prices.

iii. C800 may permit a Bidder to withdraw an Offer based on one or more clerical errors in the Offer only if the Bidder shows with objective proof and by clear and convincing evidence:

A. The nature of the error.

B. That the error is not a minor informality under this subsection or an error in judgment.

C. That the error cannot be corrected or waived under subsection (b) of this section.

D. That the Bidder acted in good faith in submitting an Offer that contained the claimed error and in claiming that the alleged error in the Offer exists.

E. That the Bidder acted without gross negligence in submitting an Offer that contained a claimed error.

F. That the Bidder will suffer substantial detriment if C800 does not grant the Bidder permission to withdraw the Offer.

G. That C800's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on C800 or the public it represents; and

H. That the Bidder promptly gave notice of the claimed error to C800.

iv. The criteria in subsection (c) of this rule shall determine whether C800 will permit a Bidder to withdraw its Offer after Closing. These criteria also shall apply to the question of whether C800 will permit a Bidder to withdraw its Offer without forfeiture of its Bid bond (or other Bid or Proposal security), or without liability to C800 based on the difference between the amount of the Bidder's Offer and the amount of the Contract actually awarded by C800, whether by Award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Proposer, or by resort to a new solicitation.

c. Rejection for Mistakes. C800 shall reject any Offer in which a mistake is evident on the face of the Offer and the intended correct Offer is not evident or cannot be substantiated from documents submitted with the Offer.

d. Identification of Mistakes after Award. The procedures and criteria set forth above are Bidder's only opportunity to correct mistakes or withdraw Offers because of a mistake. Following Award, a Bidder is bound by its Offer, and may withdraw its Offer or rescind a Contract entered pursuant to this division 49 only to the extent permitted by applicable law.

2.22 FIRST-TIER SUBCONTRACTORS; DISCLOSURE AND SUBSTITUTION:

a. Within two Working hours after the Bid Closing all Bidders shall submit to C800 on the disclosure form provided identifying any first-tier subcontractors (those Entities that would be contracting directly with the prime Contractor) that will be furnishing labor or labor and materials on the Contract, if Awarded, whose subcontract value would be equal to or greater than:

i. Five percent of the total Contract Price, but at least $15,000; or

ii. $350,000, regardless of the percentage of the total Contract Price.

b. Bid Closing, Disclosure Deadline and Bid Opening. For each ITB to which this rule applies, C800 shall:

i. Set the Bid Closing on a Tuesday, Wednesday or Thursday, and at a time between 9 a.m. and 5 p.m., except that these Bid Closing restrictions do not apply to an ITB for maintenance or construction of highways, bridges or other transportation facilities, and provided that the two-hour disclosure deadline described by this rule would not then fall on a legal holiday.

ii. Open Bids publicly immediately after the Bid Closing; and

iii. Consider for Contract Award only those Bids for which the required disclosure has been submitted by the announced deadline on forms prescribed by C800.

c. Submission. A Bidder shall submit the disclosure form required by this rule either in its Bid submission, or within two working hours after Bid Closing in the manner specified by the ITB.

d. Responsiveness. Compliance with the disclosure and submittal requirements of ORS 279C.370 and this rule is a matter of Responsiveness. Bids that are submitted by Bid Closing, but for which the disclosure submittal

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e. C800 Role. C800 shall obtain, and make available for public inspection, the disclosure forms required by ORS 279C.370 and this rule. C800 shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. C800 is not required to determine the accuracy or completeness of the information provided on disclosure forms.

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

g. C800 shall accept Written submissions filed under that statute as public records. Aside from issues involving inadvertent clerical error under ORS 279C.585, the C800 does not have a statutory role or duty to review, approve or resolve disputes concerning such substitutions. See ORS 279C.590 regarding complaints to the Construction Contractors Board on improper substitution.

2.23 BID EVALUATION CRITERIA:

a. General. A Public Improvement Contract, if awarded, shall be awarded to the Responsible Bidder submitting the lowest Responsive Bid.

b. C800 may reject any Bid not in compliance with all prescribed Public Contracting procedures and requirements and may reject for good cause all Bids upon C800’s finding that it is in the public interest to do so.

c. Bid Evaluation Criteria. Invitations to Bid may solicit lump-sum Bids, unit-price Bids, or a combination of the two.

i. Lump Sum. If the ITB requires a lump-sum Bid, without additive or deductive alternates, or if C800 elects not to award additive or deductive alternates, Bids shall be compared on the basis of lump-sum prices, or lump-sum base Bid prices, as applicable. If the ITB calls for a lump-sum base Bid, plus additive or deductive alternates, the total Bid price shall be calculated by adding to or deducting from the base Bid those alternates selected by C800, for the purpose of comparing Bids.

ii. Unit Price. If the Bid includes unit pricing for estimated quantities, the total Bid price shall be calculated by multiplying the estimated quantities by the unit prices submitted by the Bidder and adjusting for any additive or deductive alternates selected by the C800, for the purpose of comparing Bids. C800 shall specify within the Solicitation the estimated quantity of the Procurement to be used for determination of the low Bidder. In the event of mathematical discrepancies between unit price and any extended price calculations submitted by the Bidder, the unit price shall govern. See OAR 137-49-0350(2) (b).

2.24 BID EVALUATION AND AWARD; DETERMINATION OF RESPONSIBILITY:

a. General. If awarded, C800 shall Award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid provided that such Person is not listed by the Construction Contractors Board as disqualified to hold a Public Improvement Contract. See ORS 279C.375 (3) (a). C800 may award by item, groups of items or the entire Bid provided such Award is consistent with the Solicitation Document and in the public interest.

b. Determination of Responsibility. Bidders are required to demonstrate their ability to perform satisfactorily under a Contract. Before Awarding a Contract, C800 shall have information that indicates that the Bidder meets the standards of responsibility set forth in ORS 279.375(3) (b). To be a Responsible Bidder, C800 shall determine that the Bidder:

i. Has available the appropriate financial, material, equipment, facility and Personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of the Bidder to meet all contractual responsibilities.

ii Has a satisfactory record of contract performance. C800 should carefully scrutinize a Bidders record of contract performance if the Bidder is or recently has been materially deficient in contract performance. In reviewing the Bidders performance, C800 should determine whether the Bidders deficient performance was expressly excused under the terms of Contract, or whether the Bidder took appropriate corrective action. C800 may review the Bidders performance on both private and Public Contracts in determining the Bidders record of contract performance. C800 shall make its basis for determining a Bidder not Responsible under this paragraph part of the Solicitation file.

iii. Has a satisfactory record of integrity. A Bidder may lack integrity if C800 determines the Bidder demonstrates a lack of business ethics such as violation of state environmental laws or false certifications

Bid for Five Communication Tower Demolition Page 18 made to C800. C800 may find a Bidder not Responsible based on the lack of integrity of any Person having influence or control over the Bidder (such as a key employee of the Bidder that has the authority to significantly influence the Bidders performance of the Contract or a parent company, predecessor or successor Person). The standards for Conduct Disqualification under OAR 137-49-0370 may be used to determine Bidders integrity. C800 shall make its basis for determining that a Bidder is not Responsible under this paragraph part of the Solicitation file.

iv. Is qualified legally to contract with C800; and

v. Has supplied all necessary information in connection with the inquiry concerning responsibility. If the Bidder fails to promptly supply information requested by C800 concerning responsibility, C800 shall base the determination of responsibility upon any available information or may find the Bidder not Responsible.

c. Documenting Determinations: C800 shall document compliance with ORS 279C.375(3) and the above sections of this rule on a Responsibility Determination Form substantially as set forth in ORS 279.375(3)(c), and file that form with the Construction Contractors Board within 30 days after Contract Award.

d. C800 Evaluation: C800 shall evaluate a Bid only as set forth in the Solicitation Document and in accordance with applicable law. C800 shall not evaluate a Bid using any other requirement or criterion.

e. Bidder Submissions.

i. C800 may require a Bidder to submit Product Samples, Descriptive Literature, technical data, or other material and may also require any of the following prior to award:

A. Demonstration, inspection or testing of a product prior to award for characteristics such as compatibility, quality or Workmanship.

B. Examination of such elements as appearance or finish; or

C. Other examinations to determine whether the product conforms to Specifications.

D. C800 shall evaluate product acceptability only in accordance with the criteria disclosed in the Solicitation Document to determine that a product is acceptable. C800 shall reject a Bid providing because it Bids Nonconforming Work or materials is not Disqualification and is not appealable under

ORS279C.445.

f. Evaluation of Bids. C800 shall use only objective criteria to evaluate Bids as set forth in the ITB. C800 shall evaluate Bids to determine which Responsible Bidder submitted the lowest Responsive Bid.

i. Clarifications. In evaluating Bids, C800 may seek information from a Bidder only to clarify the Bidder's Bid. Such clarification shall not vary, contradict or supplement the Bid. A Bidder shall submit Written and Signed clarifications and such clarifications shall become part of the Bidder's Bid.

ii. Negotiation Prohibited. C800 shall not negotiate scope of Work or other terms or conditions under an Invitation to Bid process prior to award.

2.25 NOTICE OF INTENT TO AWARD:

a. Notice. At least seven days before the Award of a Public Improvement Contract, C800 shall issue to each Bidder (pursuant to ORS 279C.375(2)), or post electronically or otherwise, a notice of C800's intent to Award the Contract.

b. Form and Manner of Posting. The form and manner of posting notice shall conform to customary practices within C800's procurement system and may be made electronically.

c. Finalizing Award. C800's Award shall not be final until the later of the following:

i. Seven Days after the date of the notice, unless the Solicitation Document provided a different period for protest: or

ii. C800 provides a Written response to all timely-filed protests that denies the protest and affirms the Award.

d. Prior Notice Impractical. Posting of notice of intent to award shall not be required when C800 determines that it is impractical due to unusual time constraints in making prompt Award for its immediate procurement needs, documents the Contract file as to the reasons for that determination, and posts notice of that action as soon as reasonably practical.

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2.26 DOCUMENTATION OF AWARD; AVAILABILITY OF AWARD DECISIONS:

a. Basis of Award. After Award, C800 shall make a record showing the basis for determining the successful Bidder part of C800's Solicitation file.

b. Contract Document. C800 shall deliver a fully executed copy of the final Contract to the successful Bidder.

c. Bid Tabulations and Award Summaries. Upon request of any Person C800 shall provide tabulations of Awarded Bids.

d. Availability of Solicitation Files. C800 shall make completed Solicitation files available for public review at C800.

2.27 NEGOTIATIONS; Except as permitted by ORS 279C.340 and OAR 137-49-0430 when all Bids exceed the cost estimate, C800 shall not negotiate with any Bidder prior to Contract Award. After Award of the Contract, C800 and Contractor may only modify the Contract by change order or Amendment to the Contract in accordance with OAR 137-49-0860.

2.28 REJECTION OF BID:

a. Rejection of an Offer. Procurement process or that rejecting the Offer is in the public interest.

ii. C800 shall reject an Offer upon C800's finding that the Offer:

A. Is contingent upon C800's acceptance of terms and conditions (including Specifications) that differ from the Solicitation Document.

B. Takes exception to terms and conditions (including Specifications);

C. Attempts to p reven t public disclosure of matters in contravention of the terms and conditions of Solicitation Document or in contravention of applicable law;

D. Offers Work that fails to meet the Specifications of the Solicitation Document.

E. Is late.

F. Is not in substantial compliance with the Solicitation Documents.

G. Is not in substantial compliance with all prescribed public Solicitation procedures.

iii. C800 shall reject an Offer upon C800's finding that the Bidder:

A. Has been declared ineligible under ORS 279C.860 by the Commissioner of Bureau of Labor and Industries and the Contract is for a Public Work.

B. Is listed on the Federal “Excluded Parties List System” (EPLS);

C. Is l i s ted as no t qua l i f ied by the Const ruc t ion Contrac to rs Board .

D. Has not met the requirements of ORS 279A.105 if required by the Solicitation Document.

E. Has not submitted properly executed Bid or Proposal security as required by the Solicitation Document.

F. Is not Responsible. See OAR 137-049-0390(2) regarding C800 determination that the Bidder has met statutory standards of responsibility.

b. Form of Business. For purposes of this rule, C800 may investigate any Person submitting an Offer. The investigation may include that Person's officers, Directors, owners, affiliates, or any other Person acquiring ownership of the Person to determine application of this rule or to apply the Disqualification provisions of ORS 279C.440 to 279C.450 and OAR 137-049-0370.

c. Certification of Non-Discrimination. The Bidder shall certify and deliver to C800 Written certification, as part of the Offer that the Bidder has not discriminated and will not discriminate against minority, women, or emerging small business enterprises in obtaining any required subcontracts. Failure to do so shall be grounds for disqualification.

d. Rejection of all Offers. C800 may reject all Offers for good cause upon C800's Written finding it is in the public interest to do so. C800 shall notify all Bidders of the rejection of all Offers, along with the good cause justification and finding.

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e. Criteria for Rejection of All Offers. C800 may reject all Offers upon a Written finding that:

i. The content of or an error in the Solicitation Document, or the Solicitation process unnecessarily restricted competition for the Contract.

ii. The price, quality or performance presented by the Bidders is too costly or of insufficient quality to justify acceptance of the Offer.

iii. Misconduct, error, or ambiguous or misleading provisions in the Solicitation Document threaten the fairness and integrity of the competitive process.

iv. Causes other than legitimate market forces threaten the integrity of the competitive Procurement process.

These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct and inadvertent or intentional errors in the Solicitation Document.

v. C800 cancels the Solicitation in accordance with OAR 137-049-0270; or

vi. Any other circumstance indicating that Awarding the Contract would not be in the public interest.

2.29 PROTEST OF CONTRACTOR SELECTION, CONTRACT AWARD:

a. Purpose. An adversely affected or aggrieved Bidder shall exhaust all avenues of administrative review and relief before seeking judicial review of C800's Contractor selection or Contract Award decision.

b. Notice of Intent to Award. Unless otherwise provided in the Solicitation, C800 shall provide written notice to all Bidders of C800's intent to award the Contract. C800's Award shall not be final until the later of the following:

i. Seven (7) days after the date of the notice, unless the Solicitation provided a different period for protest; or

ii. C800 provides a written response to all timely- filed protests that denies the protest and affirms the Award.

c. Right to Protest Award.

i. An adversely affected or aggrieved Bidder may submit to C800 a Written protest of C800's intent to award within seven (7) days after issuance of the notice of intent to award the Contract unless a different protest period is provided under the Solicitation.

ii. The Bidders protest shall be in Writing and shall specify the grounds upon which the protest is based.

iii. A Bidder is adversely affected or aggrieved only if the Bidder is eligible for Award of the Contract as the Responsible Bidder submitting the lowest Responsive Bid, i.e., the protesting Bidder shall claim that all lower Bidders are ineligible for Award:

A. Because their Bids were non-responsive; or

B. C800 committed a substantial violation of a provision in the Solicitation or of an applicable procurement statute or administrative rule, and the protesting Bidder was unfairly evaluated and would have, but for such substantial violation, been the Responsible Bidder offering the lowest Responsive Bid.

iv. C800 shall not consider a protest submitted after the time period established in this Rule or such different period as may be provided in the Solicitation. A Bidder may not protest C800’s decision not to increase the size of the Competitive Range above the size of the Competitive Range set forth in the documents.

d. C800 shall not consider a protest submitted after the time period established in this Rule or such different period as may be provided in the Solicitation.

e. Authority to Resolve Protests. The Project Manager, or such Person's designee, may settle or resolve a written protest submitted in accordance with the requirements of this Rule.

f. Decision. If a protest is not settled, the Board Chair, or such Person's designee, shall promptly issue a written decision on the protest. Judicial review of this decision will be available if provided by statute.

g. Award. The successful Bidder shall promptly execute the Contract after the Award is final. C800 shall execute the Contract only after it has obtained all applicable required documents and approvals.

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2.30 BID COSTS; C800 is not liable for any costs incurred by the Bidder in its Bid preparation.

2.31 PUBLIC WORKS REQUIREMENTS. This solicitation will result in a Contract for a Public Work subject to

ORS 279C.800to 279C.870 and the Davis-Bacon Act (40 U.S.C. 276a) No Bid will be received or considered by the C800 unless the Bid contains a statement by the Contractor that the provisions of ORS 279C.800 to 279C.870 (prevailing wage rates paid to employees) and Davis Bacon Act (40 U.S.C. 276a) are to be complied with (see Bidder Certification Form).

2.32 BONDS: PERFORMANCE, PAYMENT AND PUBLIC WORKS.

a. Performance and Payment Bonds. Pursuant to ORS 279C.380, the Contractor shall furnish bonds covering the faithful performance of the Contact and payment of obligations arising there under. Bonds are to be obtained through a company that is authorized and licensed by the Oregon Insurance Commissioner. The bonding company shall be listed on the most current US Government Treasure list, Department Circular 570 or approved PRIOR TO BID SUBMISSION by the C800. The cost of the Bond shall be included in the Contract Sum. The amount of each Bond shall be equal to 100 percent of the Contract Sum. The Bonds shall be submitted on the C800‘s form. Failure to adhere to these requirements may be grounds for rejection of the Bid.

b. Public Works Bond.

i. Contractors who work on public works projects, subject to the PWR law, are required to file a $30,000 Public Works Bond to be used exclusively for unpaid wages determined to be due by BOLI. This Bond Form (Statutory Public Works Bond) is available in this document. Proof of this bond if effect shall be provided to C800 prior to Contract signing, after the award of this solicitation.

ii. General Contractors are required to verify that subcontractors have filed a public works bond before permitting a subcontractor to start work on a project.

iii. HB477 provides exemptions from the bond requirements for certified disadvantaged, minority, women or emerging small business enterprises. It is the Contractors responsibility to notify C800 if an exemption applies to the Contractor.

iv. The Public Works Bond shall be furnished by a surety company authorized to do business in Oregon

c. Time for Submission. The apparent successful Bidder shall promptly furnish the required performance security upon C800's request. If the Bidder fails to furnish the security as requested, C800 may reject the Bid and award the Contract to the Responsible Bidder with the next lowest Responsive Bid, and, at C800's discretion, the Bidder shall forfeit its Bid Bond.

2.33 SUBSTITUTE CONTRACTOR; If the Contractor provided a performance bond, C800 may afford the

Contractor's surety the opportunity to provide a substitute Contractor to complete performance of the Contract. A substitute Contractor shall perform all remaining contract Work and comply with all terms and conditions of the Contract, including the provisions of the performance bond and the payment bond. Such substitute performance does not involve the Award of a new Contract and shall not be subject to the competitive procurement provisions of ORS Chapter 279C.

2.34 FOREIGN CONTRACTOR; If the Contract Price exceeds $10,000 and the Contractor is a Foreign Contractor, the

Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the Contract Price, terms of payment, contract duration and such other information as the Department of Revenue may require before final payment can be made on the Contract. A copy of the report shall be forwarded to C800. C800 Awarding the Contract shall satisfy itself that the above requirements have been complied with before it issues final payment on the Contract.

2.35 CERTIFIED PAYROLL WITHHOLDING.

a. Contractor shall file with C800 a certified payroll, Department of Labor form WH347 weekly.

b. Senate Bill 477, Section 11, requires that if a prime contractor does not file certified payroll as required, C800 may withhold 25% of amounts due to the prime contractor, in addition to any other required Retainage.

c. If a first-tier subcontract does not file certified payroll reports as required, the prime contractor shall withhold 25% of amounts due the first-tier subcontractor.

d. Once certified payroll reports are submitted, C800 or prime contractor are to pay amounts withheld per Senate Bill 477 within 14 days.

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e. In accordance with the Davis Bacon Act C800 and the prime contractor may be required to verify the accuracy of the contents of the certified payroll reports.

2.36 BOLI/PWR REQUIREMENTS. All contractors and subcontractors will abide by the latest determination of the minimum wage rates as scheduled and published for this region by the U.S. Department of Labor and the Oregon Department of Labor and will abide by all amendments, decisions, and related regulations of these agencies.

Specifically:

a. The Contractor is required to pay workers prevailing wage rates for the Region #2 through the contract period.

b. The Contractor is NO LONGER required to pay the BOLI prevailing wage rate fee; Contractor shall take the .001 fee out of its calculations for pricing to C800.

c. If the Contractor fails to pay for labor and services C800 can pay and shall withhold these amounts from payments to the Contractor. OAR 839-016-0020(1) (a).

d. The Contractor is required to pay weekly, holiday (including weekends) and daily overtime as required. OAR 839-016-0020(1) (b).

e. The July 1, 2022, BOLI PWR publication applies to this Contract and is hereby incorporated by reference:

January 1, 2022, Prevailing Wage Rates for Public Works Contracts in Oregon

2.37 REGISTRATION REQUIREMENTS. Bidder shall be currently registered with the Construction Contractors

Board as required by ORS 701.055, or licensed by the Sate Landscape Contractors Board, as required by ORS 671.530, or licensed under ORS 468A.720 (Air Quality), if required, holding the proper registration for the work contemplated herein, at the time of award of the contract. All Subcontractors participating in the project shall be similarly registered with the Construction Contractors Board at the time they are contracted to engage in subcontract work.

2.38 DRUG TESTING REQUIREMENTS. HB 2574 requires that all public improvement contracts contain a provision requiring contractors to demonstrate that an employee drug-testing program is in place. Bidder is therefore required to certify that it has an employee drug-testing program in place that applies to all employees and will maintain a drug- testing program at all times during the performance of the Contract awarded. Failure to maintain a program shall constitute a material breach of contract. The use of drugs, alcohol, or any tobacco products is prohibited on all C800 property.

2.39 CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND

LABOR SURPLUS AREA FIRMS.

a. The Contractor will take all necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible.

b. Affirmative steps shall include:

(i) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.

(ii) Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources.

(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises.

(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women’s business enterprises.

(v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and

(vi) Requiring the sub-contractors, if subcontracts are to be let, to take the affirmative steps listed above.

2.40 CONTRACT TERMS AND CONDITIONS. The Contractor shall:

a. Prompt payment to all Persons supplying labor or material; contributions to Industrial Accident Fund; liens and withholding taxes (ORS 279C.505(1));

b. Demonstrate that an employee drug testing program is in place (ORS 279C.505(2).

c. If the Contract calls for demolition Work described in ORS 279C.510(1), a condition requiring the Contractor to salvage or recycle construction and demolition debris, if feasible and cost-effective.

http://www.oregon.gov/boli/WHD/PWR/Pages/January_2016_Index.aspx

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