Final Invitation to Bid.pdf

Invitation to Bid (ITB)

REDMOND SENIOR CENTER

SOLAR PANEL PROJECT (SC2101)

City of Redmond Public Works, Parks & Facilities Division

SITE LOCATION: 325 NW Dogwood Ave - Redmond, Oregon

SCHEDULE OF EVENTS

Advertisement July 28, 2021

Mandatory Pre-Bid Meeting (Virtual) August 5, 2021 at 10:00 am

Questions/Clarifications Due August 11, 2021 at 12:00

Bids Due/Bid Opening August 18, 2021 at 2:00 pm Intent to Award August 20, 2021

City Council Award September 14, 2021 at 6:00 pm

Final Completion Date December 31, 2021

Single Point of Contact (SPC): Dusty Hood

Phone: (541) 504-2032

Email: dusty.hood@redmondoregon.gov

ITB Address: City of Redmond

Attn: City Recorder, Kelly Morse

411 SW 9th St

Redmond, OR 97756 mailto:dusty.hood@redmondoregon.gov

TABLE OF CONTENTS

I. SUMMARY OF REQUESTED SERVICES

II. SCOPE OF WORK

III. REQUIREMENTS OF BIDDERS

IV. EVALUATION CRITERIA

V. INSURANCE REQUIREMENTS

VI. BID SUBMISSION

VII. ADDITIONAL INFORMATION

VIII. INTENT TO AWARD

IX. CONTRACT EXECUTION

X. PAYMENT

XI. COMPLETION

XII. QUESTIONS AND CLARIFICATIONS

XIII. ADDENDA

XIV. SUPPLEMENTAL CONDITIONS

XV. LEGAL NOTICE

XVI. REQUIRED BID SUBMITTAL CHECKLIST

FORM A: Bid Schedule

FORM B: Bid Bond

FORM C: Independent Contractor Certification

FORM D: Resident Bidder Statement

FORM E: State Law Compliance Statements

FORM F: First Tier Subcontractor Disclosure Form

FORM G: Proposal

FORM H: Non-Collusion Affidavit

FORM I: Prevailing Wage Statement

FORM J: Contractor’s Experience Questionnaire

FORM K: Equipment Listing

FORM L: Drug Testing Policy Statement

FORM M: Affidavit #1

ATTACHMENT A: General Specifications

ATTACHMENT B: Sample Davis-Bacon Wage Determination

ATTACHMENT C: Department of Labor WH-347 Form

ATTACHMENT D: Davis-Bacon Wage Poster

ATTACHMENT E: HUD Federal Labor Standards Provisions

ATTACHMENT F: Sample City of Redmond Construction Contract

I. SUMMARY OF REQUESTED SERVICES

The City of Redmond Public Works Parks and Facilities Division is requesting bids from qualified and experienced vendors to construct and install solar panels at the Redmond Senior Center.

As a result of this ITB, the City intends to award one contract. The term of the Contract is anticipated to be from September 14, 2021 to December 31, 2021. It is anticipated that the Contract will be awarded by Redmond’s City Council on Tuesday, September 14, 2021 at 6:00 p.m.

II. SCOPE OF WORK

The City owns the approximately 14,000 square foot facility at 325 NW Dogwood Avenue and has leased this building to the Redmond Senior Center since 2006. The Redmond Senior Center is a locally funded and community-based organization where older adults can congregate to help fulfill many of their social, physical, emotional, and intellectual needs.

The City is requesting bids for the turn-key installation of an approximately 60 kW, grid-tied photovoltaic system installed on the roof of the facility. The attached drawing set (ATTACHMENT A) is provided for reference only. The successful bidder will be responsible for developing their own design that provides a system and equipment like the referenced drawings or approved equivalent. The design will include a production monitoring system that allows for a publicly accessible webpage featuring historic and present generation data.

The project will be funded using a combination of a Pacific Power Blue Sky Grant, a Community Development Block Grant, incentives from Energy Trust’s Solar program, and City funds. The project will meet the requirements of each funding source.

The successful bidder will be licensed in Oregon and will conform to all county/state building and electrical codes and utility interconnection requirements, which includes both general interconnection requirements and inverter based interconnection requirements which may require one or more interconnection studies be performed by Pacific Power to determine feasibility, system impact and cost of safely connecting the generation equipment to the utility system.

All workmanship, materials, and conditions shall conform to the 2010 City of Redmond Public Works Standards and Specifications, current special provisions, General Conditions, and Supplementary Conditions.

This is a Public Works contract and subject to U.S. Department of Labor Davis-Bacon Wage Rates

(OR20210025, effective May 28, 2021) and/or Oregon Bureau of Labor and Industries (BOLI) Wage Rates, dated July 1, 2021 and Amendments for Region 10 as defined under ORS279C.800 to 279C.870, whichever is more restrictive.

III. REQUIREMENTS OF BIDDERS

1. Bidder is responsible for verifying dimensions and bid quantities prior to bidding. Before submitting a bid, the bidder shall carefully examine all contract documents, visit the site of the work, and fully inform themselves of all existing conditions and limitations. Bidders shall include in the bid, sum or sums, sufficient to cover the cost of all items in the Contract.

2. Each proposal must be submitted on the prescribed form and accompanied by a certified check or Bid Bond executed on the prescribed form, payable to the City of Redmond, Oregon, in an amount not less than 5 percent of the amount bid. The successful Bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the Contract, as prescribed in the Contract Documents.

3. The attention of bidders is directed to the State government requirements and conditions of employment to be observed and minimum wage rates as found in BOLI Wage Rates effective July

1, 2021 (Region 10) or Federal Prevailing Wage OR20210025 effective May 28, 2021, whichever is more restrictive, to be paid under the Contract.

4. The City of Redmond will closely review the Contractor’s Experience Questionnaire to ensure a

Contractor with acceptable experience is awarded the Contract.

5. Bidders and subcontractors must be registered with the Construction Contractors Board (ORS

701.055), or the bid will not be received or considered. A bid from an unregistered contractor will be rejected as unresponsive.

6. There will be a MANDATORY pre-bid meeting held virtually for this ITB on Thursday, August 5, 2021 at 10:00 a.m. Please join the meeting from your computer, tablet, or smartphone through this link: https://global.gotomeeting.com/join/530964989. If internet access is not available, you may also attend the meeting by phone through dialing (312) 757-3121, access code 530-964-989.

IV. EVALUATION CRITERIA

Bids will be evaluated and ranked on the criteria below that best fits the City’s needs.

1. Responsiveness: A bid received by the City Recorder prior to closing will be reviewed for completion.

2. Bid Amount: City will generally award the Contract to the lowest responsible bidder for each that substantially complies with the requirements of the material specifications.

3. Responsibility Determination: City will determine if an apparent successful bidder is responsible prior to award and execution of the Contract.

4. In determining the lowest responsible bidder, City will also consider:

a. Whether the bidder maintains a permanent place of business

b. Has adequate equipment to provide materials properly and expeditiously

c. Has suitable financial status to meet all obligations incident to the materials

d. Has appropriate technical knowledge

e. Can comply with project dates.

V. INSURANCE REQUIREMENTS

Successful bidder shall maintain insurance meeting the minimum insurance requirements of the City of Redmond. Successful bidder(s) must provide a current Certificate of Insurance, and Additional Insured Primary/Non-Contributory endorsements naming City of Redmond as additional insured to the City within seven (7) days after the Intent of Award.

https://global.gotomeeting.com/join/530964989

The contractor shall at all times maintain, in force, at Contractor’s expense, Commercial General Liability

Insurance, Automobile Liability Insurance, and Workers’ Compensation Insurance. Commercial General

Liability Insurance, Annual Aggregate is $4,000,000 with $2,000,000 per occurrence limit. Builder’s Risk insurance is not required as part of this Contract.

VI. BID SUBMISSION

1. Contractor shall submit completed forms as required in Section XVI, Required Bid Submittal

Checklist. All pages listed on the checklist are required in the submittal. Bidder is responsible to review all documents submitted in the Bid as complete.

2. The bid is to include all labor, materials, equipment, and services called for and necessary to construct a completed and useable facility.

3. Contractor is solely responsible for ensuring that bid is received by the City by the closing date and time, at the location specified on the cover page. Bids submitted by FAX or email will be rejected.

4. The Bid, plus two (2) additional copies, shall be submitted in a sealed envelope to the City

Recorder with the following information clearly displayed on the front of the envelope:

a. Name of Contractor

b. ITB Title: “Redmond Senior Center Solar Panel Project, SC2101”

5. If a bidder wishes to withdraw its bid, the bid must be withdrawn prior to the closing date and time. The withdrawal must be made in writing and signed by the authorized representative and received by the City Recorder prior to the closing date and time.

6. Bidder shall notify the City Recorder and SPC prior to bid opening date, should omissions or errors be found in Solicitation Documents. City will clarify by written Addenda which will become a part of the Solicitation Documents. The City of Redmond will not be responsible for any oral instructions or interpretations.

7. Late bids will not be accepted or reviewed.

8. The bids must be signed by the person(s) legally authorized to bind the contractor to the quote and the contract resulting from this ITB. Upon request of the City, any representative submitting a bid on behalf of the Contractor shall provide a current document certifying authority to bind the

Contractor.

9. No oral, telephonic, faxed or emailed bids or bid modifications will be considered.

10. To obtain approval of material, products, methods as equal to those specified, bidder must submit substitution requests at least five (5) days before bid opening.

11. By signing and returning the bid, the bidder acknowledges they have read and understand the terms and conditions contained in these solicitation documents and accept and agree to be bound by the terms and condition of these documents in their entirety.

VII. ADDITIONAL INFORMATION

1. This procurement and contract are pursuant to ORS 279A and the City of Redmond’s procurement rules.

2. Bidder is responsible for verifying dimensions and bid quantities prior to bidding.

3. The contractor shall possess an asbestos abatement license if required under ORS 468A.710.

4. The City of Redmond reserves the right to:

a. Reject any and all bids if it is in the City’s best interest to do so

b. Postpone the awarding of the Contract for a period of not more than 45 days from the bid opening date

c. Amend the quote solicitation

d. Not to award a contract for requested services

e. Award a contract to more than one contractor

f. Extend the deadline for submission of quote

g. Waive any irregularities or informalities in any quote

h. Accept the bids determined to be the most beneficial to the public and City of Redmond

i. Negotiate the final terms of the Contract

j. Revise bid quantity after award, to meet funding availability.

5. By submitting a bid, Contractor shall accept all terms and conditions of ATTACHMENT F, “Sample

Contract with the City of Redmond.”

6. Contractor must hold any necessary licenses or certificates required by federal, state and local governments to provide requested materials.

7. City reserves the right to reject bid of any bidder who has previously failed to perform properly and to complete on time contracts of a similar nature, who is not in a financial position to perform the

Contract, who has habitually and without cause neglected the payment of bills or otherwise disregarded their obligation to subcontractors, material suppliers or employees. In determining the lowest responsible bidder, Owner will also consider whether the bidder (a) maintains a permanent place of business, (b) has adequate equipment to do the work properly and expeditiously, (c) has suitable financial status to meet all obligations incident to the work, (d) has appropriate technical knowledge, and (e) able to comply with completion date.

8. The contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

9. This contract shall comply with provisions of ORS Section 279C.525 and comply with Environmental and Natural Resource laws.

10. The City of Redmond is not responsible for any costs incurred to submit a bid, and all bidders responding to the solicitation do so solely at their own expense.

11. No director or employee of the City shall have any pecuniary interest in the materials.

12. Contractor and subcontractors are encouraged to use local labor when available.

VIII. INTENT TO AWARD

The notification of contract award will be made to all responsible bidders within seven (7) calendar days of the bid opening. Protest of Award must be in writing, must be submitted by a bidder in good legal standing, be specific, and received within seven (7) business days of the Intent to Award. The protest must be submitted in writing to the City Recorder, Kelly Morse, 411 SW 9th St, Redmond, Oregon, 97756.

IX. CONTRACT EXECUTION

After submission of required information and insurances, the City will proceed with awarding the

Contract. Vendor(s) shall not supply materials under the Contract until the Contract has been executed.

It is the intention of the City to award the Contract at the September 14, 2021 City Council meeting.

X. PAYMENT

Payment will be made as provided in the Contract. The contractor and subcontractors shall comply with all

General Conditions of the Contract Documents as detailed in the City of Redmond 2010 Standards and

Specifications. A five percent (5%) retainer will be withheld from each progress payment and released when requirements of General Conditions are met.

The contractor and subcontractors must pay not less than the minimum hourly rate of wage as determined by the Commissioner of Bureau of Labor for the City of Redmond, and which is not less than prevailing wage.

They or their sureties must execute a statement under oath in a form prescribed by the State Labor

Commissioner, certifying the hourly rate of wage paid and that no workman was paid less than prevailing rate of wage or less than the minimum hourly rate of wage and file with the Clerk of the District prior to any disbursement under the Contract and in accordance with ORS 279C.800 thru 279C.870. Contractors shall make payments in accordance with the Contract, ORS 279C.840 to 279C.870 and the laws of the State of

Oregon. Contractor is required to have a $30,000 Public Works Bond filed with CCB before starting work on the project, unless exempt. (SB 477, Sections 2-5) Contractor is required to verify their subcontractors have filed bond.

Workmanship and materials installed and accepted as complete shall be invoiced monthly. There will be no advanced payment for materials stored.

XI. COMPLETION

The Project is to be started by September 15, 2021 and all construction shall be completed by December 31, 2021. Liquidated damages will be assessed per the City of Redmond Standards and Specifications General

Conditions Section B (if the Contractor fails to complete the work within the time allowed).

XII. QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification related to this solicitation must:

1. Be submitted in writing via email to the SPC identified on ITB Cover Page. Questions by telephone are not accepted.

2. Be received by August 11, 2021 at 12:00 pm.

3. Questions will be responded to in a written addendum.

XIII. ADDENDA

1. Statements by City representatives are not binding unless confirmed by written Addenda.

2. Addenda issued are to be covered in the Bid and will become a part of the Contract.

3. Addenda will be issued through the Oregon eProcurement system, OregonBuys, at https://oregonbuys.gov and through the City’s website at https://www.redmondoregon.gov/business/rfps-rfqs. Bidders should regularly check for addenda until the closing date.

4. The last Addendum will be issued at least three (3) business days prior to the bid opening.

XIV. SUPPLEMENTAL CONDITIONS

GENERAL

The following supplemental information is in addition to the General Conditions and Current City of

Redmond Standards and Specifications and references therein.

All workmanship and materials shall meet the current City of Redmond Standards and Specifications

Dated 2010 and all Special Provisions issued on or before the award date of this project.

https://oregonbuys.gov/ https://www.redmondoregon.gov/business/rfps-rfqs

All contracts and bonds shall be fully signed, approved, and initiated, and pre-construction held, prior to notice to proceed issuance for construction. Payment and Performance Bonds shall be held by the City of

Redmond until work is completed and accepted, sub-contractor and materials providers paid in full and certified with Form M: Affidavit #1. Work includes a 1- year warranty on all workmanship and materials from the day of written project acceptance.

Any discrepancy found in plans is to be reported to engineer or inspector for clarification or change prior to progressing with work. Any and all work changes that include changes to the contract cost, shall be made in writing and approved prior to construction. Any changes made without written approval by engineer will not be paid.

MINORITY BUSINESS ENERPRISE/WOMEN’S BUSINESS ENTERPRISES

Affirmative steps will be taken to assure that small, minority, disadvantaged and women owned businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following:

1) Include any such qualified firms on solicitation lists.

2) Assure that such firms are solicited whenever there are potential sources. Solicit firms from the

Oregon Department of Transportation Disadvantaged Business Enterprise Directory

3) When economically feasible, divide total requirements into small tasks or quantities so as to permit such firms maximum participation

4) Where possible, establish delivery schedules which will encourage such participation

5) Use the services and assistance of the SBA, The office of Minority Enterprise (U.S. Department of

Commerce the Community Services Administration and other sources when appropriate)

PREVAILING WAGE

A. Contractor shall comply with all provisions required by ORS 279C.800 through ORS 279C.870 relating to the payment of prevailing wage rates for work performed.

B. Contractor shall prepare weekly certified payroll reports and statements and submit them to the

City promptly. Reports shall be submitted to the City of Redmond Project Manager. If the contractor has not filed the certified statements as required under this contract, the City of

Redmond shall retain 25% of any amount earned by the Contractor until the Contractor has complied. The City of Redmond shall pay the Contractor the amount retained under this subsection within 14 days after the contractor has filed the certified statements with the City.

C. Contractor shall allow BOLI to enter the office or business establishment of Contractor at any reasonable time to determine whether the prevailing wage is being paid and shall make payment records available to BOLI on request. Contractor shall require subcontractors to provide the same right of entry and inspection.

D. City shall not make final payment unless the prevailing wage rates certifications are received.

E. Contractor shall comply with all laws and regulations relating to prevailing wages, whether or not set out in this contract. Further information regarding prevailing wages is available by contacting

BOLI at 971.673.0839 or on-line at the BOLI Website:

Http://www.boli.state.or.us/BOLI/WHD/PWR/index.shtml.

F. Prevailing Wage publications applicable to this contract are the Prevailing Wage Rates for Public

Works Contracts in Oregon dated July 2021, current Amendments and the current PWR

Apprenticeship Rates.

G. Contractor shall us forms approved by the City for certified payroll reporting and submit all required reports weekly.

http://www.boli.state.or.us/BOLI/WHD/PWR/index.shtml

DAVIS-BACON AND RELATED ACTS

Requires workers to receive no less than the prevailing wages as computed by the U.S. Department of

Labor and issued in the form of federal wage decisions for each classification of work. The law applies to construction, alteration, or repair contracts over $2000 in aggregate. Those Davis-Bacon provisions contained in the U.S. Department of Housing and Urban Development assisted construction programs are known as “Related Acts.” All rulings and interpretations of the Davis-Bacon and Related Acts are contained in 29 CFR Part 1, 3, and 5 are herein incorporated by reference in this contract. A sample Davis-

Bacon Wage Determination is included as (ATTACHMENT B). As BOLI prevailing wages (Region 10, effective July 1, 2021) may be higher, contractor will need to pay the higher of Federal Prevailing Wage

(OR20210025, effective May 28, 2021) or BOLI. Weekly payroll forms must be completed on the

Department of Labor WH-347 Form (ATTACHMENT C) and submitted to the City with original ink signature, unless using an approved payroll software system; then an electronic signature may be accepted. Please consult with the City on the approved software systems. The Davis-Bacon poster, incorporated in this document as (ATTACHMENT D) and a copy of the applicable Davis-Bacon/BOLI wage decision, must be displayed at the job site of every project subject to the Davis-Bacon wage requirements.

The poster and wage decision must be protected from the elements and placed in a prominent and accessible place where it may be easily seen by employees (i.e. break room, restrooms, time clock area).

Employees must be paid weekly for Davis-Bacon work, regardless of whether the business pays bi-weekly.

Paystubs must be submitted with the Davis Bacon weekly payroll report.

SECTION 3, COMPLIANCE AND PROVISION OF TRAINING EMPLOYMENT AND

BUSINESS OPPORTUNITIES

For contracts and subcontracts in excess of $200,000, work to be performed is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. The purpose of Section 3 is to ensure opportunities for training and employment arising in connection with this project be extended to low income residents in the area. Further the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area in the award of contracts and purchase of services and supplies. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause.

CERTIFICATION OF NONSEGREGATED FACILITIES

For contracts in excess of $10,000, the Contractor certifies that they do not maintain or provider for their employees any segregated facility at any of their establishments, and that they do no permit employees to perform their services at any location, under their control, where segregated facilities are maintained.

The bidder, offer, or applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this certificate, the term “segregated facilities” means any waiting room, work areas, rest rooms, washrooms, restaurants, and other eating areas, time clocks, locker rooms, and other storage or dressing areas, *transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Contractor further agrees that (except where they have obtained identical certifications from subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal

Opportunity Clause, that they will forward the following notice to such proposed subcontractors (except where proposed contractor have submitted identical certifications for specific time periods). *Parking lots, drinking fountains, recreation, or entertainment areas.

COPELAND “ANTI-KICKBACK” ACT

Requires Contractors to pay employees at least once a week, and without any deductions or rebates except permissible deductions. The Act also requires Contractors to maintain payroll records and submit weekly Certified Payroll Reports (CPRs) through the prime Contractor or to the City. It applies to all contracts covered by Davis-Bacon. Violation of this act is a criminal offense. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated in ATTACHMENT E of this Invitation to Bid, and by reference in this contract.

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, SECTION 103 AND 107

CWHSSA applies only to contract over $100,000. The Fair Labor Standards Act applies to contracts of $100,000 or less. Overtime (O/T) compensation must be paid under both laws. CWHSSA requires workers to receive O/T compensation at a rate of one and one-half (1.5) times their base hourly wage plus full fringe [1.5 base + fringe = overtime compensation] after they have worked forty (40) hours in one week. In the event of O/T violation, the

CWHSSA renders the Contractor liable to the underpaid workers for wage restitution and to the United States for liquidated damages. Computation of liquidated damages is set by the Department of Labor for each calendar day that each individual was required or permitted to work in excess of a standard work week or forty (40) hours without payment of the required overtime rate. Intentional violations of CWHASA are considered a Federal criminal misdemeanor act.

LEAD-BASED PAINT REQUIREMENTS

During the performance of this contract, the Contractor, subcontractor and/or individuals that disturb painted surfaces, shall comply with all U.S. Department of Housing and Urban Development (HUD) Lead Safe Housing Rule

(LSHR) and/or U.S. Environmental Protection Agency (EPA) Renovation, Repair, and Painting (RRP) rules when applicable.

SCHEDULE

The contractor is required to provide a detailed schedule of work prior to construction approval. Schedule is to be updated monthly until project is completed.

STAGING

Contractor to specify staging location and provide proof to the City of Redmond of approval for use of the property.

XV. LEGAL NOTICE

City of Redmond, Senior Center Solar Project

The City of Redmond Public Works Department invites contractors to bid on the construction of the

Senior Center Solar Panel Project, SC2101. Sealed Bids shall be received by City Hall, Attn: City Recorder, 411 SW 9th St, Redmond, OR, 97756 until 2:00 p.m. on August 18, 2021, and publicly opened and read.

Bids received after the 2:00 p.m. deadline will not be considered and will be returned unopened to the contractor. First Tier Subcontractor List is required to be submitted by 4:00 p.m., same day. The First Tier

Subcontractor List may also be submitted with the sealed bid at the contractor’s preference. Bids shall be clearly labeled: “Senior Center Solar Panel Project, SC2101.”

The Project includes a complete turn-key installation of a photovoltaic (PV) solar system at the Redmond

Senior Center, 325 NW Dogwood Ave. A feasibility study estimates the Project cost at $150,000.

This is a Public Works contract and subject to U.S. Department of Labor Davis-Bacon Wage Rates

(OR20210025, effective May 28, 2021) and/or Oregon Bureau of Labor and Industries (BOLI) Wage Rates, dated July 1, 2021 and Amendments for Region 10 as defined under ORS279C.800 to 279C.870, whichever is more restrictive.

The Invitation to Bid, attachments, and specifications may be obtained for no cost through the Oregon eProcurement Program, OregonBuys, at http://oregonbuys.gov or through the City’s website at https://www.redmondoregon.gov/business/rfps-rfqs. Prospective bidders are solely responsible for checking the website(s) to determine if any addenda have been issued. For additional information regarding this Invitation to Bid, please contact Dusty Hood by email at dusty.hood@redmondoregon.gov.

The City may reject bids not in compliance with all prescribed solicitation procedures or other applicable law and may reject any or all bids when the cancellation or rejection is in the best interest of the City, and at no cost to the City. Prices quoted shall be firm offers, irrevocable, valid, and binding after the closing date.

PUBLISH: The Bulletin July 28, 2021

DJC July 28, 2021 https://www.redmondoregon.gov/business/rfps-rfqs mailto:dusty.hood@redmondoregon.gov

XVI. REQUIRED BID SUBMITTAL CHECKLIST

The required bid submittals are specified in the table below.

FORM DOCUMENT PAGES √

A Bid Schedule 1

B Bid Bond 2

C Independent Contractor Certification 1

D Resident Bidder Statement 1

E State Law Compliance Statements 1

F First Tier Subcontractor Disclosure Form 1

G Proposal 3

H Non-Collusion Affidavit 1

I Prevailing Wage Compliance Statement 1

J Contractor’s Experience Questionnaire 2

K Contractor’s Equipment Listing 1

L Drug Testing Policy Statement 1

TOTAL BID PROPOSAL WILL CONTAIN A MINIMUM OF: 20 Pages

Form A: Bid Schedule

Use bid schedule provided. Fill in all blank spaces without alterations or erasures. Bid shall be typed or prepared in blue ink and signed in blue ink. The bid should not contain any recapitulation of work to be done. Oral or written modifications will NOT be considered.

Form B: Bid Bond

Enclose a bidder's bond, certified check (or cashier's) check made payable to the Owner in an amount equal to 5% of the total bid. The City shall return bid security to all bidders upon execution of the contract.

The City shall retain bid security if successful proposer fails to execute the contract promptly and properly.

(ORS 279B.0550)

Form C: Independent Contractor Certification

The Independent Contractor Certification shall be completed and returned with the Bid Schedule.

Form D: Resident Bidder Statement

Contractor must certify that it is or is not an Oregon business as per ORS 279A.120. ORS 279A.120 requires public contracting agencies, in determining the lowest responsible bidder, to add a percent increase to each out-of-state bidder's bid price which is equal to the percent of preference given to local bidders in the bidder's home state. The bidder shall certify that it is or is not an Oregon contractor as defined under

ORS 279A.120, Preferences; Foreign Contractor, i.e., a foreign contractor is one who is not domiciled in or registered to do business in the State of Oregon.

Form E: State Law Compliance Statements

Contractor shall certify that they are not in violation of any Oregon tax as described in ORS 305.380(4).

Contractor shall certify, pursuant to ORS 279A.110, a non-discrimination statement in compliance with

Oregon state laws.

Form F: First Tier Subcontractor Disclosure

All subcontractors are to be approved in writing by the Owner and carry the same insurance requirements as the prime contractor. Subcontractors shall submit Contractor's Board license number, Federal Identification Number, State Unemployment Number, and Certification of ORS 279A.120. All subcontractors are required to be listed on the Proposal, and, if applicable, on the First-Tier Subcontractor Disclosure Form. The City of Redmond retains the right to reject bid if the Subcontractor’s list in the Proposal is incomplete.

Form G: Proposal The Proposal shall be completed and returned.

Form H: Non-Collusion Affidavit

The Non-Collusion Affidavit shall be completed and returned.

Form I: Prevailing Wage Compliance Statement

The Prevailing Wage Rate Statement shall be completed and returned with the Bid Schedule. Certified Payroll and Wage Rates (BOLI) shall be in compliance with ORS 279C.800 – 279C.870 and/or Federal Prevailing Wages

(OR20210025, effective May 28, 2021), whichever is more restrictive.

Form J: Contractor’s Experience Questionnaire

The Contractor’s Experience Questionnaire shall be completed and returned with the Bid Schedule.

Form K: Contractors Equipment Listing

The Contractor’s Equipment Listing shall be completed and returned with the Bid Schedule.

Form L: Drug Testing Policy Statement

The Drug Testing Policy Statement shall be completed and returned with the Bid Schedule per ORS 279C.505

(2003 Chapter 794.138).

CITY OF REDMOND BID SCHEDULE

All Bid prices are for items installed complete and accepted by the City of Redmond Anything not listed specifically on bid sheet but shown in plans is incidental to the project.

ITEM DESCRIPTION UNIT TOTAL PRICE

1 Solar Panels LS

2 Inverter(s) LS

3 Balance of Systems LS (Racks, Solar Meter & Base, Wire, Conduit, Fusing Breakers, Disconnects)

4 Labor LS

5 Data Monitoring, Kiosk, Signage LS

6 Design, Engineering, Permits & Interconnection LS

7 Other LS

Total Bid: $

Total Bid (As written): $

BIDDER License #

Authorized Signature of Bidder Date Tax ID

Business Address

FORM A - BID SCHEDULE - Senior Center Solar Panel Project

I acknowedge that I have read and understand the terms and conditions contained in the solicitation documents. I accept and agree the terms and conditions.

FORM B: Bid Bond Project: Redmond Senior Center Solar Panel Project, SC2101

KNOW ALL MEN BY THESE PRESENTS, That ________________________________ hereinafter called the PRINCIPAL, and a corporation duly organized under the laws of the State of ___________________ , having its principal place of business at ____________________________________ , in the State of ___________________, and authorized to do business in the State of Oregon, as SURETY, are held and firmly bound unto the

City of Redmond, Oregon, as obligee, hereinafter called the CITY, in the penal sum of

___________________________________________________________dollars ($ ) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS BOND ARE SUCH That, whereas the PRINCIPAL herein is herewith submitting his or its bid proposal for the Redmond Senior Center Solar Panel

Project, SC2101 said bid proposal, by reference thereto, being hereby made a part hereof.

NOW, THEREFORE, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if the said PRINCIPAL shall execute the proposed Agreement and shall furnish such performance and payment bonds as required by the bidding and Contract Documents within the time fixed by said documents, then this obligation shall be void; if the PRINCIPAL shall fail to execute the proposed Agreement and furnish said bond, the SURETY hereby agrees to pay to the CITY the penal sum as liquidated damages.

Signed and sealed this day of , 2021.

By

Principal

Surety

By Attorney-in-fact

(A certified copy of the agent's power-of-attorney must be attached hereto.)

FORM C: Independent Contractor Certification

To establish status as an “Independent Contractor” as defined in ORS 670.600, certain standards must be met by the individual or business entity performing that work.

The undersigned certifies that he/she/the business entity meets the following standards:

1. The individual or business entity providing labor or services is registered under ORS Chapter 701 “Construction Contractors”, if the individual or business entity provides labor or service for which such registration is required; and

2. Federal and State income tax returns in the name of the business or business Schedule C or farm Schedule F as part of the personal income tax return were filed for the previous year if the individual or business entity performed labor or services as an independent contractor in the previous year; and

3. The individual or business entity represents to the public that the labor or services are to be provided by an independently established business. Except when the individual or business entity files a Schedule F as part of the personal income tax returns and the individual or business entity performs farm labor or services that are reportable on Schedule C, and individual or business entity is considered to be engaged in an independently established business when four or more of the following circumstances exist.

Contractor is to check four or more of the following:

□ The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are primarily carried out in a specific portion of the residence, which portion is set aside as the location of the business;

□ Commercial advertising or business cards are customary in operating similar businesses, are purchased for the business, or the individual or business entity has a trade association membership;

□ Telephone listing and service are used for the business that is separate from the personal residence listing and services used by an individual who performs the labor or services;

□ Labor or services are performed only pursuant to written contracts;

□ Labor or services are performed by two or more different persons within a period of one year; or

□ The individual or business entity assumes financial responsibility for defective workmanship or for services not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance, or liability insurance relating to the labor or services to be performed.

Contractors Signature Date

Printed Name Federal Tax I.D. #

FORM D: Resident Bidder Statement

BIDDER’S RESIDENCY STATEMENT

Pursuant to ORS 279A.120, Oregon’s Reciprocal Preference Law, public contracting agencies shall, for the purpose of determining the lowest responsible bidder and the awarding of a 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.

As defined in ORS 279A.120, “Resident Bidder” means a bidder that has paid unemployment taxes or income taxes in this state in the twelve calendar months immediately preceding submission of the bid, has business address in this state, and has stated in the bid whether the bidder is a “Resident Bidder’. A “Non-resident Bidder”, is a bidder who does not meet the definition of a Resident Bidder as stated above.

1. Bidder □ IS or □ IS NOT (check one) a Resident Bidder as set forth above.

2. If a Resident Bidder, enter your Oregon Business Address: _____________________________

3. If a Non-resident Bidder, enter state of residency: ______________________________

Bidder hereby certifies that the information provided is true and accurate.

Printed Name Name of Company

FORM E: State Law Compliance Statements

TAX COMPLIANCE STATEMENT

In compliance with ORS 305.380 B 305.385, the undersigned, as provider of goods, services, or real estate space to the City of Redmond, hereby certifies under penalty of perjury that to the best of my knowledge, the undersigned is not in violation of any Oregon tax described in ORS 305.380(4).

NON-DISCRIMINATION STATEMENT

Pursuant to ORS 279A.110, discrimination in subcontracting is prohibited. Any contractor who contracts with a public contracting agency shall not discriminate against minority, women, or emerging small business enterprises in the awarding of contracts.

By signature of the authorized representative of the bidder, the bidder hereby certifies to the City of

Redmond that this bidder has not discriminated against minority, women, or emerging small business enterprises in obtaining any subcontracts; and , further, that if awarded the contract for which this bid is submitted, shall not so discriminate.

FORM F: First Tier Subcontractor Disclosure Form

BID SUBMITTAL: Date: _____________________ Time: ____________________

DISCLOSURE DEADLINE: Date: August 18, 2021 Time: 4:00 p.m.

List below the Name, Address, Contact Name and Telephone Number of each subcontractor that will be furnishing labor or labor and materials that are required to be disclosed. Enter “NONE” if there are no subcontractors that need to be disclosed. (Attach additional sheets if needed).

Name/Address Nature of Work Performed

Contact Phone # Contract Amount

1.

2.

3.

4.

5.

The above listed First-Tier Subcontractor(s) are providing labor or labor and materials with a dollar value equal to or greater than:

a. 5% of the total Contract Price, but at least $15,000 (including all alternates). If the dollar value is less than $15,000 do not list the subcontractor above; or,

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

FAILURE TO SUBMIT THIS FORM BY THE BID OPENING DEADLINE WILL RESULT IN A

BID SUBMITTED BECOMING NON-RESPONSIVE, AND SUCH BIDS SHALL NOT BE

CONSIDERED FOR AWARD.

FORM SUBMITTED BY (BIDDER NAME): __________________________________________

CONTACT NAME: ____________________________________ PHONE #: ________________

DELIVER FORM TO AGENCY: City of Redmond PERSON DESIGNATED TO RECEIVE FORM: City Recorder PHONE #: 541.923.7752 AGENCY ADDRESS: 411 SW 9th St. Redmond, OR 97756

UNLESS OTHERWISE STATED IN THE ORIGINAL SOLICITATION, THIS DOCUMENT SHALL

NOT BE FAXED. IT IS THE RESPONSIBILITY OF THE BIDDERS TO SUBMIT THIS

DISCLOSURE FORM AND ANY ADDITIONAL SHEETS, WITH THE PROJECT NAME

CLEARLY MARKED, AT THE LOCATION INDICATED BY THE SPECIFIED DISCLOSURE

DEADLINE. SEE INSTRUCTIONS TO BIDDERS.

Rev: 03-09-2000 Agency will insert “N/A” above if the Contract amount value is anticipated to be less than $100,000. Otherwise this form must be submitted within two working hours of the advertised bid closing date and time; no later than the DISCLOSURE DEADLINE stated above.

Bids which are submitted by Bid Closing, but for which the separate disclosure submittal has not been made by the specified deadline, are Not Responsive and shall not be considered for Contract award.

FORM G: Proposal

BIDDER'S DECLARATION:

The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this proposal are those named herein, that this proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the City, and that the proposal is made without any connection or collusion with any person making another proposal on this Agreement.

The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, and that this proposal is made according to the provisions and under the terms of the Contract

Documents, which documents are hereby made a part of this proposal.

The Bidder further declares that the provisions required by ORS 279C.800 to 279C.870 relating to prevailing wage rates shall be complied with.

The Bidder further agrees that he has exercised his own judgment regarding subsurface condition and has utilized all data which he believes pertinent from the City and other sources in arriving at his conclusions.

CONTRACT EXECUTION:

The Bidder agrees that if this proposal is accepted, he will, within ten (10) days, not including Sundays and legal holidays, after notice of award, sign the Agreement in the form annexed hereto, and will at that time, deliver to the City of Redmond the PERFORMANCE BOND and the PAYMENT BOND required herein, and will to the extent of his proposal, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete the work in the manner, in the time, and according to the methods specified in the Contract Documents and required by the City thereunder.

In the event that the Bidder shall fail to enter into a contract within such time, the bid security in the amount stated in the INVITATION TO BID and deposited herewith, shall be retained by the City and it is agreed that said sum is a fair measure of the amount of damage that the City will sustain because of such failure to enter into a contract.

CERTIFICATES OF INSURANCE:

The bidder further agrees to furnish the City, before commencing the work under the Contract, the certificates of insurance as specified in these documents.

CONSTRUCTION TIME LIMITS:

The Bidder agrees to begin work within ten (10) calendar days after the date of the City's written notice to proceed, and to complete all work to be done under the contract in the time frames noted in the

INVITATION TO BID after the date of the City’s written notice to proceed.

LIQUIDATED DAMAGES:

In the event the Bidder is awarded the Agreement and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the City per Redmond Public Works Standards and Specifications, General

Conditions.

SUBCONTRACTORS:

The Bidder will list all proposed subcontractors by their proper corporate name and the portion of the work the subcontractor intends to perform in the spaces provided below. Contractor is also required to comply with the regulations regarding First Tier Subcontractors and applicable submittals.

Subcontractor Work item to be performed

1. __________________________________________________________________________

2. __________________________________________________________________________

3. __________________________________________________________________________

4. __________________________________________________________________________

5. __________________________________________________________________________

The City reserves the right to reject any subcontractor that the City deems unfit for the scope of the work proposed.

LUMP SUM OR UNIT PRICES:

The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on the following lump sum or unit price amounts. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract Documents.

The City reserves the right to reject any and all bids, to waive any informalities and to accept the bid of the lowest responsible Bidder.

ADDENDA:

The Bidder acknowledges that addenda numbers (Bidder insert number of each addendum received) have been received and examined as part of these Contract Documents.

SURETY:

If the bidder is awarded the construction contract on this proposal, the surety who provides the

"Performance Bond" and "Payment Bond" will be:

Name: Address:

BIDDER:

The name of the bidder submitting this proposal:

Name: Address:

The above stated address is the address to which all communications concerned with this proposal and with the contract are to be sent. The names of the principal officers of the corporation, or partnership, or of all persons interested in this proposal as principals are as follows:

If sole proprietor or partnership:

In witness hereto the undersigned has set his (its) hand this

_____ day of _________________, 2021.

Signature of Bidder

Title

If corporation:

In witness whereof the undersigned corporation has caused this instrument to be executed by its duly authorized officers this

____ day of _________________, 2021__________________________________

Name of Corporation

By __________________________________

President

FORM H: Non-Collusion Affidavit

STATE OF OREGON )

) SS.

COUNTY OF _________ )

I state that I am the ______________________ of _____________________________ and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors and officers. I am the person responsible in my firm for the price(s) and the amount of this bid.

I further state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder, or potential bidder, except as disclosed on the attached appendix.

(2) That neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid have been discussed with any other firm or person which is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or submit a bid intentionally high or non-competitive or any other form of complementary bid.

(4) The bid of my firm is made in good faith and pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other non-competitive bid.

(5) , its affiliates, and subsidiaries, officers, (NAME OF FIRM) directors and employees are not currently under investigation by any government agency and have not in the last four years been convicted of or found liable for any act prohibited by State and

Federal law in the jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described on the attached appendix.

I further state that understands and acknowledges that the

(NAME OF FIRM)

above representations are material and important and will be relied on for the City of Redmond, Oregon in awarding the contract from which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Redmond, Oregon of the true facts relating to the submission of bids for the contract.

Name of Contractor: ____________________________________________

Signature: ____________________________________________

Printed Name:…