City of Ashland WTP Offsite Facilities ITB and Specifications.pdf

City of Ashland

Ashland Creek WTP - Offsite Facilities

Construction Documents

Project Manual

Final Design

May 5, 2025

HDR Project No. 10193663

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HDR Project No. 10193663 City of Ashland May 5, 2025 Ashland Creek WTP - Offsite Facilities Final Design Table of Contents 00 01 10 - 1

TABLE OF CONTENTS

DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 07 - SEALS AND SIGNATURES

00 11 13 - ADVERTISEMENT FOR BIDS (EJCDC C-111—2018)

00 21 13 - INSTRUCTIONS TO BIDDERS (EJCDC C-200—2018)

00 41 13 - BID FORM (EJCDC C-410—2018)

00 41 13A - FIRST TIER FORM AND INSTRUCTIONS

00 43 13 - BID BOND PENAL SUM FORM (EJCDC C-430—2018)

00 45 13 - QUALIFICATIONS STATEMENT (EJCDC C-451-2018)

00 51 00 - NOTICE OF AWARD (EJCDC C-510—2018)

00 52 13 - AGREEMENT (EJCDC C-520—2018)

00 52 13A - EXHIBIT A - CITY OF ASHLAND STANDARD TERMS AND CONDITIONS

00 55 00 - NOTICE TO PROCEED (EJCDC C-550—2018)

00 61 13.13 - PERFORMANCE BOND (EJCDC C-610—2018)

00 61 13.16 - PAYMENT BOND (EJCDC C-615—2018)

00 62 00 - APPLICATION FOR PAYMENT (EJCDC C-620—2018)

00 62 50 - CERTIFICATE OF SUBSTANTIAL COMPLETION (EJCDC C-625 —2018)

00 72 13 - GENERAL CONDITIONS (EJCDC C-700 2018)

00 73 01 - SUPPLEMENTARY CONDITIONS (EJCDC C-800—2018)

00 94 00 - WORK CHANGE DIRECTIVE (EJCDC C-940—2018)

00 94 10 - CHANGE ORDER (EJCDC C-941—2018)

00 94 20 - FIELD ORDER (EJCDC C-942—2018)

DIVISION 01 — GENERAL REQUIREMENTS

01 11 00 - SUMMARY OF WORK

01 22 00 - MEASUREMENT AND PAYMENT

01 25 13 - PRODUCT SUBSTITUTIONS

01 26 00 - CONTRACT MODIFICATION PROCEDURES

01 29 73 - SCHEDULE OF VALUES

01 29 76 - PROGRESS PAYMENT PROCEDURES

01 30 00 - SPECIAL CONDITIONS

01 31 19 - PROJECT MEETINGS

01 31 26 - ELECTRONIC COMMUNICATION PROTOCOLS

01 32 16 - CONSTRUCTION PROGRESS SCHEDULE

01 33 00 - SUBMITTALS

01 33 04 - OPERATION AND MAINTENANCE MANUALS

01 35 73 - DELEGATED DESIGN PROCEDURES

01 41 24 - PERMIT REQUIREMENTS

01 41 26 - STORMWATER POLLUTION PREVENTION PLAN AND PERMIT

01 42 00 - REFERENCES

01 45 25 - TESTING CONCRETE STRUCTURES FOR WATERTIGHTNESS

01 45 33 - SPECIAL INSPECTIONS AND TESTING PROGRAM

01 57 05 - TEMPORARY CONTROLS

01 65 50 - PRODUCT DELIVERY, STORAGE, AND HANDLING

01 71 23 - FIELD ENGINEERING

01 73 20 - OPENINGS AND PENETRATIONS IN CONSTRUCTION

01 73 29 - CUTTING AND PATCHING

01 74 00 - CLEANING

01 74 15 - DISINFECTION OF FACILITIES

01 77 19 - CLOSEOUT REQUIREMENTS

01 78 39 - PROJECT RECORD DOCUMENTS

01 78 43 - SPARE PARTS AND EXTRA MATERIALS

01 81 10 - WIND AND SEISMIC DESIGN CRITERIA

Table of Contents 00 01 10 - 2

DIVISION 03 — CONCRETE

03 05 05 - CONCRETE TESTING AND INSPECTION

03 11 13 - FORMWORK

03 15 19 - ANCHORAGE TO CONCRETE

03 21 00 - REINFORCEMENT

03 31 30 - CONCRETE, MATERIALS AND PROPORTIONING

03 31 31 - CONCRETE MIXING, PLACING, JOINTING, AND CURING

03 35 00 - CONCRETE FINISHING AND REPAIR OF SURFACE DEFECTS

DIVISION 05 — METALS

05 12 00 - STRUCTURAL STEEL

05 50 00 - METAL FABRICATIONS

05 52 02 - WELDED ALUMINUM RAILINGS

DIVISION 09 — FINISHES

09 96 00 - HIGH PERFORMANCE INDUSTRIAL COATINGS

DIVISION 10 — SPECIALTIES

10 14 00 - IDENTIFICATION DEVICES

10 14 23 - SIGNAGE

DIVISION 26 — ELECTRICAL

26 05 00 - ELECTRICAL - BASIC REQUIREMENTS

26 05 26 - GROUNDING AND BONDING

26 05 33 - RACEWAYS AND BOXES

26 05 43 - ELECTRICAL - EXTERIOR UNDERGROUND

DIVISION 31 — EARTHWORK

31 10 00 - SITE CLEARING

31 22 00 - SITE GRADING

31 23 00 - EARTHWORK

31 23 17 - ROCK EXCAVATION

31 23 19 - DEWATERING

31 23 33 - TRENCHING, BACKFILLING, AND COMPACTING FOR UTILITIES

31 25 00 - SOIL EROSION AND SEDIMENT CONTROL

31 32 19 - GEOTEXTILES

31 37 00 - RIPRAP

DIVISION 32 — EXTERIOR IMPROVEMENTS

32 15 40 - CRUSHED STONE SURFACING

32 91 13 - TOPSOILING AND FINISHED GRADING

32 92 00 - SEEDING, SODDING AND LANDSCAPING

DIVISION 33 — UTILITIES

33 05 15 - PRECAST CONCRETE UTILITY STRUCTURES

33 05 16 - PRECAST CONCRETE MANHOLE STRUCTURES

33 11 13 - WATER MAIN CONSTRUCTION

33 31 11 - GRAVITY SEWER PIPELINE AND MANHOLE CONSTRUCTION

33 40 00 - STORM DRAINAGE SYSTEM

33 41 00 - SUBDRAINAGE

DIVISION 35 — WATERWAY AND MARINE

35 05 00 - WATERWAY ENHANCEMENTS

35 10 00 - TEMPORARY WATER MANAGEMENT

35 20 00 - STRUCTURAL PLATE ARCH CULVERT

DIVISION 40 — PROCESS INTERCONNECTIONS

40 05 00 - PIPE AND PIPE FITTINGS - BASIC REQUIREMENTS

40 05 07 - PIPE SUPPORT SYSTEMS

Table of Contents 00 01 10 - 3

40 05 17 - PIPE - COPPER

40 05 19 - PIPE - DUCTILE

40 05 23 - PIPE - STAINLESS STEEL

40 05 24 - PIPE - STEEL

40 05 26 - PIPE - CAST-IRON SOIL

40 05 31 - PIPE - PLASTIC

40 05 51 - VALVES - BASIC REQUIREMENTS

40 05 52 - MISCELLANEOUS VALVES

40 05 61 - GATE VALVES

40 05 63 - BALL VALVES

40 05 64 - BUTTERFLY VALVES

40 05 66 - CHECK VALVES

D I V I S I O N 0 0

PROCUREMENT AND CONTRACTING

REQUIREMENTS

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 11 13 - Page 1 of 1

ADVERTISEMENT FOR BIDS

City of Ashland, OR

General Notice

The City of Ashland (Owner) is requesting Bids for the construction of the following Project:

City of Ashland, Water Treatment Plant – Offsite Facilities

Bids for the construction of the Project will be received at the City Engineering Office located at 20 East Main Street (mailing)/51 Winburn Way (delivery) Ashland, OR 97520, until May 29, 2025 at 2:00 p.m.

Local Pacific time. At that time the Bids received will be publicly opened and read in the Siskiyou Conference Room (City Engineering Office).

The Project includes the following Work:

Construction of off-site facilities and piping consisting of a new creek crossing including new culvert, electrical conduit extensions, fiber optic line extensions, water and sewer lines, connections to existing facilities and all other work as necessary for a complete and functioning system.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be obtained from OregonBuys at the following designated website:

https://oregonbuys.gov/bso/

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a Bidding Documents holder, even if Bidding Documents are obtained from a third-party plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with Addenda, lists of registered Bidding Documents holders, reports on the Site, and other information relevant to submitting a Bid for the Project. All official notifications, Addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the designated website.

Pre-bid Conference

A mandatory pre-bid conference for the Project will be held on Thursday, May 15, 2025 at 10:00 a.m. at the City of Ashland Department of Public Works, 20 East Main Street, Ashland, OR 97520. Bids will not be accepted from Bidders that do not attend the mandatory pre-bid conference.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: City of Ashland By: Scott Fleury, PE Title: Public Works Director Date: May 7, 2025

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page1 of 1

INSTRUCTIONS TO BIDDERS

FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 1 of 13

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use, nor does it grant or confer ownership or any property interest in the Bidding Documents and other documents distributed for the Project. Authorization to download documents, or other distribution, includes the right for Bidding Documents holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the Bidding Documents holder pays all costs associated with printing or reproduction. Paper or other types of printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a Bidding Documents holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered Bidding Documents holders will receive Addenda issued by Owner or Issuing Office.

2.04 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination.

Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as Bidding Documents holders from the Bidding Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms or other such sources (such as other prospective bidders), or for a Bidder’s failure to obtain Addenda from a plan room.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to prospective Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 2020 or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 2 of 13 the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor any bidder’s or the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.05.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state (or other) contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidders shall be experienced in the kind of Work to be performed, shall have or be able to obtain construction equipment necessary for the Work, and shall possess sufficient capital to properly perform the Work within the time allowed. Bids received from Bidders who have previously failed to complete work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show and document to Owner’s satisfaction that Bidder has the necessary ability, facilities, equipment, and resources to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the times specified. A Bid may be rejected if Bidder is

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 3 of 13 already obligated for the performance of other work which would delay the commencement, prosecution or completion of the Work.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bids will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its participation.

Bidders must sign in using the name of the organization that will be submitting a Bid. A list of Bidders that attended the pre-bid conference and are, on that basis alone, eligible to submit a Bid for this Project, will be issued in an Addendum.

4.02 Information presented at the pre-bid conference does not alter the Bidding Documents. Owner or Issuing Office will issue Addenda to make any changes to the Bidding Documents that result from discussions at the pre-bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents, including in Specifications Section 01 11 00 – Summary of Work. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any prospective Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 4 of 13 established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-Related Documents

A. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. A Site visit is scheduled following the pre-bid conference. Maps, directions, or GPS coordinates to the Site, when the Site is remote from the pre-bid conference location, will be available at the pre-bid conference.

C. A Site visit is scheduled for May 15, 2025. The location of the Site is indicated in the Bidding Documents.

D. Bidders visiting the Site are required to: (1) arrange their own transportation to the Site; and

(2) each Bidder visiting the Site is responsible for providing and using its own personal protective equipment appropriate for the Site and conditions, and in accordance with posted requirements, if any. Comply with Paragraph 5.05 of these Instructions to Bidders.

E. All access to the Site, other than during a regularly scheduled Site visit, must be coordinated through the following Owner or Engineer contact for visiting the Site. Bidder must conduct the required Site visit during normal working hours, Mondays through Fridays.

F. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

G. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

H. Bidder must comply with Laws and Regulations regarding excavation and location of utilities, obtain necessary permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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I. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be indicated in the Supplementary Conditions. Where the Bidding Documents indicate an Owner’s safety program, visitors to the Site during the bidding phase and at other times shall comply with Owner’s safety programs.

5.06 Other Work at the Site

A. Reference is made to Specifications Section 01 11 00 – Summary of Work, for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other potentially confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will complete and submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid.

Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Successful Bidder (as Contractor) will make similar express representations and certifications when it signs the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Pierre Kwan, 600 University Street Suite 500, Seattle, WA 98101, (206) 826-4735 (Office), (206)307-7362 (Mobile), E-mail: pierre.kwan@hdrinc.com

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all Bidding Documents holders registered with the Issuing Office. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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Documents unless set forth in an Addendum that expressly modifies or supplements the Bidding Documents.

7.05 Addenda that engineer judges to have a material or significant effect on Bidders’ preparation of pricing and other requirement element of the Bid will be transmitted via Addendum for Bidders’ receipt not less than three days prior to the scheduled date for receipt of the Bids. Clarifications or modifications that Engineer deems will not have a material or substantial effect on the preparation of Bids may be transmitted for Bidders’ receipt later, for receipt prior to the deadline for receipt of Bids.

ARTICLE 8—BID SECURITY

8.01 Required Form and Amount of Bid Security

A. A Bid must be accompanied by bid security made payable to Owner in an amount of ten percent (10%) of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

B. Such bid bond will be issued in the form included in the Bidding Documents.

8.02 Bid Security of Successful Bidder

A. The Bid security of the apparent Successful Bidder will be retained until Owner awards the Contract to such Bidder, and such Bidder has signed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Successful Bidder’s bid security will be released.

B. If the Successful Bidder fails to sign and deliver the Contract and furnish the required Contract security within the number of days, indicated in Paragraph 20.01 of these Instructions to Bidders, after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the bid security of that Bidder will be forfeited.

C. Upon Successful Bidder’s default:

1. When the bid security is a penal sum bid bond, the entire penal sum amount of the bid bond will be forfeit and due Owner.

2. When the bid security is a damages form of bid bond, to the extent of Owner’s damages will be forfeit and due Owner.

3. If a type of bid security other than a bid bond is allowed and is furnished, the amount that will be forfeit and due Owner will be the same as for the form of bid bond included in the Bidding Documents. Owner will so notify the defaulting Bidder in writing of the annulment and the amount of the forfeiture, with documentation of the amount forfeited.

D. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 Bid Security of Bidders other than the Successful Bidder

A. The bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon bid security furnished by such Bidders will be released.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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B. Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the bid opening.

C. Release of Bid Security: Owner may release any Bidder’s bid security by returning such bid security to the associated Bidder. When bid security is in the form of a bid bond, Owner may dispose of or destroy the bid bond and so advice the associated Bidder in writing that the bid bond has been released.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any), are to be achieved are set forth in the Agreement.

9.02 Provisions for liquidated and special damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials, equipment, and procedures specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items or procedures. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment or procedure, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, and will perform the Work in accordance with procedures indicated in the Bidding Documents, as supplemented by Addenda, if any. Assumptions regarding the possibility of post-bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract price exceeds $100,000 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, bidder must disclose the following information about that subcontract within two working hours of bid closing:

A. The subcontractor’s name and address;

B. The subcontractor’s Construction Contractor Board registration number, if one is required, and;

C. The subcontract dollar value.

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If Bidder will not be using any subcontractors that are subject to the above disclosure requirements, Bidder shall indicate “NONE” on the form.

11.02 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so in the Specifications or elsewhere in the Bidding Documents. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should not submit a Bid.

11.03 The apparent Successful Bidder, and any other Bidder so requested by Owner or Engineer, must submit to Owner (with a copy to Engineer) a list of the Subcontractors and Suppliers proposed for the following portions of the Work within five days after the bid opening:

11.04 If requested by Owner or Engineer, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and awarding the Contract.

11.05 If apparent Successful Bidder declines to make a requested substitution, Owner may award the Contract to another Bidder, consistent with the basis for evaluating the Bids for award as set forth in these Instructions to Bidders, that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to issuance of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8.5-inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

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12.03 A Bid by a corporation must be signed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be signed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be signed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be indicated on the Bid Form.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each item of Unit Price Work will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and final Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

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ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate, unbound copy of the Bid Form, and, where required, the Bid Bond Form and other supplements to the Bid Form. The unbound copy of the Bid Form and supplements (if any) is to be completed and submitted with the Bid security and the other documents required with the Bid by Article 2 of the Bid Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, and the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery method, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement or invitation to bid.

14.03 Bids received after the date and time prescribed for the opening of Bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. Owner accepts no responsibility for delays in returning Bids submitted or delivered to the incorrect location.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly signed in the same manner that a Bid must be signed and delivered to the place where Bids are to be submitted, prior to the date and time established in the Bidding Documents for the receipt of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 of this Article and submit a new Bid prior to the date and time for established in the Bidding Documents the receipt of Bids.

15.03 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 of its Bid, the Bidder may withdraw its Bid, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 11 of 13 and the bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement or invitation to bid and, unless obviously non-responsive, will be read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

17.02 The deadline to file a written protest or request, pursuant to the Instructions to Bidders, to change contract terms, conditions or specifications is not less than ten (10) calendar days prior to bid opening. Bid closing may be extended by the Owner to consider a protest or request.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to cancel this solicitation or to reject any and all bids in whole or in part when the cancellation or rejection is in the best interests of the Owner as determined by the Owner in accordance with ORS 279B.100.

18.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.03 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. Owner may reject the Bid of any Bidder that fails to demonstrate appropriate qualifications, experience, and resources for the Work, in accordance with Article 3 of these Instructions to Bidders.

18.04 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.05 Basis for Award of Contract

A. If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest-priced, responsive Bid that has not otherwise been disqualified.

B. In determining the lowest responsible bidder, Owner shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid that the bidder is a "resident bidder" of the State of Oregon.

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C. A Bid awarded hereunder is subject to the Owner being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary, and comply with local building code restrictions and conditions for structures contemplated in the project, any or all of which conditions may be contained in the Contract or Contract Special Provisions and if such conditions are not satisfied may result in termination of the Contract.

18.06 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or elsewhere in the Bidding Documents, or prior to the Notice of Award.

B. Unit Price Work: For the determination of the apparent low-price Bid when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price bid for that item, together with amount(s) of lump sum items (if any).

18.07 In evaluating whether a Bidder is responsible, Owner will consider the qualifications, experience, and resources of the Bidder and may consider the qualifications, experience, and resources of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.08 Owner will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid per OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be determined by ORS 279C.375 and the Owner’s completion of the attached Bidder Responsibility Determination Form (Exhibit L).

18.09 Owner, with or without Engineer’s assistance, may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 19—BONDS AND INSURANCE

19.01 Paragraph 2.01 and Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, set forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the signed Agreement to Owner (or Owner’s representative), it must be accompanied by required bonds and insurance documentation.

19.02 Article 8 (“Bid Security”) of these Instructions to Bidders addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unsigned counterparts of the Agreement, along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and required bonds and insurance documentation (as required by the Contract Documents) to Owner’s representative, as indicated in the Notice of Award. Within 10 days thereafter, Owner will deliver one fully signed counterpart

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00 21 13 - Page 13 of 13 of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt from Oregon state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

EJCDC® C-410, Bid Form for Construction Contract.

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BID FORM

FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

City of Ashland

Public Works

20 East Main Street (Mailing)

51 Winburn Way (delivery)

Ashland, OR 97520

1.02 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 for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

1.03 The undersigned Bidder agrees to furnish all labor, tools, machinery, materials, transportations, equipment and services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications for the unit or lump sum prices stated in the "BID FORM”.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. First-Tier Subcontractor Disclosure Form;

D. List of Proposed Suppliers;

E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

F. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

G. Required Bidder Qualification Statement with supporting data.

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

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Item No.

Description Unit Estimated Quantity

Bid Unit Price Bid Amount

1 Mobilization/Demobilization 1 LS $ $

2 Site Work, Grading and Road Construction

1 LS $ $

3 Erosion and Sediment Control 1 LS $ $

4 Landscaping 1 LS $ $

5 Bridge, Culvert and Streambed Improvements at Creek Crossing

1 LS $ $

6 24-inch Storm Drain Pipe, Manholes and Appurtenances

1 LS $ $

7 8-inch PVC, 16-inch DI, and 24-inch DI Pipe, Fittings, Valves and Appurtenances

1 LS $ $

8 8-inch Sewer Pipe, Manholes and Appurtenances

1 LS $ $

9 Direct Buried Electrical Ductbank, Fittings and Appurtenances

1 LS $ $

10 Fiber Optic Conduit, Fittings and Appurtenances

1 LS $ $

Total of All Unit Price Bid Items $

B. Bidder acknowledges that:

1. each Bid…