ITB Ashland Acres Smith-Winningham and Applegate Fire Station 4.pdf

Emergency Communications of Southern Oregon Jackson County, Oregon

Invitation to Bid (ITB) – Communications Site Upgrades

Title: Ashland Acres, Smith/Winningham and Applegate Fire District #4 New Communications Site Construction

ITB Number: 02012023

Bids Due Bid due date and time:

Bids are due no later than 12:00 PM, Pacific Time on February 21, 2023. Bids submitted after the due date and time will be rejected.

First tier subcontractor disclosure:

First tier subcontractors shall be disclosed to the Agency no later than 5:00 PM Pacific Time on February 21, 2023

Contact Direct questions to:

ITB Contact: Jody Hathaway Email: jody.hathaway@ecso911.com Phone: 541-774-5062

Requests All clarifications, change, questions, and substitutions requests as well as any solicitation protests shall be submitted no later than: February 6, 2023

Bidder Qualification

Bids will be subject to a technical evaluation to ensure bidders have appropriate and adequate experience required to perform the requested work. The technical evaluation criteria are locate in the project specific scope of work.

Prevailing Wage This project is a Public Work and subject to ORS 279C.800 – ORS 279C.870 including but not limited to: payment of prevailing wages, reporting and public works bond.

Pre-Bid Conference

A mandatory pre-bid conference will be held at Fire Station 4, 12188 Williams Highway, Grants Pass, OR on February 2, 2023 at 10:00 a.m.

Submit bids to Emergency Communications of Southern Oregon Mailing Address 400 Pech Road, Central Point, OR 97502 Physical Address ECSO 400 Pech Road, Central Point, OR 97502

Public Bid Opening

A public bid opening will be held on February 21, 2023 at 1:00 p.m.

Emergency Communication of Southern Oregon Invitation to Bid No. 02012023

Section A - Table of Contents

Section A Table of Contents 2

Section B Definitions 3

Section C General Bidding Information 4

Section D Bid Security Requirements 8

Section E Oregon Prevailing Wage Rates and BOLI 8

Section F First-Tier Subcontractor Instructions 8

Section G Construction Contractors Board (CCB) Requirements 11

Section H Bid Amendment and Inquiry Details 12

Section I Responsibility Inquiry and Contractor References 13

Section J Contractor supplied materials 14

Section K Residency Details 15

Section L Tax Law Compliance 16

Section M Drug Testing Requirements 17

Section N Non-Discrimination Compliance 17

Section O Bid Responsibility Acknowledgment 18

Section Q Joint Venture – Partnership Disclosure 19

Attachment A – Preliminary Scope of Work 20

Attachments B – Geotechs for Ashland Acres, Smith/Winningham and Applegate Fire Station 4 See Attached

Attachment C: Cushing Civil Engineers Bid Set Drawings for Ashland Acres, Smith/Winningham and Applegate Fire Station 4 See Attached

Appendix 1 Pricing Schedule Template See Attached

Appendix 2 Public Improvement Contract

Exhibit 1: Statement of Work, Compensation and Payment;

Exhibit 2: Insurance Requirements;

Exhibit 3: Certification Statement for Corporation or Independent Contractor;

Exhibit 4: Worker’s Compensation Exemption Certificate;

Exhibit 5: Hazardous Materials Requirements;

Exhibit 6: Payment and Performance Bonds;

Exhibit 7: Invitation to Bid and Contractor’s Bid See attached

Section B – Definitions

1. Invitation to Bid or ITB – All documents attached or incorporated by reference and any addenda used for soliciting bid

2. Agency – Emergency Communications of Southern Oregon (ECSO), organization that intends to obtain Contract for Public Improvement

3. Offeror – Same as Bidder, individual, organization, or representative of an organization that submits a bid in response to an ITB

4. Bid – Offeror’s written offer submitted in response to the ITB, including all necessary attachments and information required. Bid also means Offer.

5. Closing – Date and time defined in the ITB for Bid submission. Bids may not be submitted, modified, or withdrawn by the bidder after this date and time

6. Opening – day and time set to reach the Bid submittals

7. Amendment – means addition or deletion to, a material change, or clarification of, the ITB. Amendment also means Solicitations Amendments, Addendum, and Addenda. Any amendments will be labeled as such and shall be made available to all interested Offerors in accordance with ORS 125-249-0250(2).

8. ORS – Oregon Revised Statues

Section C – General Bidding Information

1. Project summary– Ashland Acres, 1925 Eagle Mill Road, Ashland OR; Smith/Winningham, 101 Beaver Creek Road, Medford, OR; and Applegate Fire Station #4, 12188 Williams Highway, Grants Pass, OR New Communications Site Construction

2. Points of Contact

a. The single point of contact for this ITB for all questions, forms, bidding process, change, clarifications, award process, protests, and/or any other issues that may arise is defined in the table located on page one of this ITB.

b. The single point of contact for any materials substitution approval or technical is clarification is in the table located on page one of this ITB.

3. Engineering and Consultant Information

a. The Agency has contracted the following services for this project and will provide the project required documents

i. Engineering

ii. Permitting

iii. Construction Management

4. Invitation to Bid Documents

a. ITB

b. Attachments

c. Hard Copies, no hard copies of the ITB will be provided

d. Amendments

5. ITB and Plans Holder list

a. A ITB and Plans holder list will not be maintained.

b. If a Mandatory pre-bid meeting is held, the attendee list will be included in the post pre-bid questions amendment.

6. Trade Secrets

a. Any information Offeror Submits in response to the ITB that the Offeror considers a trade secret or confidential information that the Offeror wants to protect from public disclosure must be clearly labeled as such per ORS 192.501 (2)

b. Offeror’s price is generally not considered trade secret.

c. Further information already in the public domain is not considered trade secret.

7. Solicitation Rules and Laws

a. Oregon Law and ECSO Contracting and Procurement Rules govern this ITB and the resulting

Contract. The ITB and resulting Contract may be subject to other laws and rules, Offerors should obtain and become acquainted with the applicable provisions of the laws and rules reference in this section.

b. Oregon Administrative Rules (OAR) chapter 137, Divisions 046 and 049. These rules are available online at http://arcweb.sos.state.or.us/banners/rules.htm

c. Oregon Revised Statues (ORS) chapters 279A and 279C. The ORS can be obtained from Legislative Counsel Committee, S101 State Capitol, Salem OR 97310, 503-378-8146 or at http://www.leg.state.or.us/ors/home.html

d. This ITB and the resulting Contract are subject to the current revision of the State of Oregon General Conditions for Public Improvement Contracts.

http://arcweb.sos.state.or.us/banners/rules.htm http://www.leg.state.or.us/ors/home.html

e. ECSO Contracting and Procurement Rules can be viewed at:

https://www.ECSO911.com /general/page/public-contracting-rules

8. Substitutions

a. Any brand name listed in the design, scope, or specifications without an “or equal” require substitutions to be pre-approve from the Agency for use.

b. Requests for substitutions shall include documentation to show that the suggested substitution meets the minimum requirements for quality, utility, durability, function, and purpose.

c. Substitutions approval must be in writing from the Agency’s authorized representative

d. The Agency representative shall determine, in its sole discretion, whether a product offered is equal.

e. Any substitutions proposed during the bidding process must request approval prior to the last day for questions to be considered for approval for the bid.

9. Requests for clarification and Solicitation protests

a. Requests for clarification shall be submitted by the date defined in the ITB schedule.

b. All requests for clarification shall be submitted in writing and will be responded to all potential

Offerors that participated in the mandatory pre-bid meeting

c. Any protest of contractual terms, plans, or specifications must be submitted by the date defined in the ITB schedule and in writing. The protect shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Offeror if the protest is not granted, and any proposed changes.

d. Any requests for bid time extension shall be submitted by the request for clarification deadline defined in the ITB Schedule.

e. Only formal responses, in writing, distributed to all Offerors can affect the provisions of the ITB.

Changes to the contract terms, plans, specifications, scope, and procurement requirement can only be changed via a solicitation amendment issued by the Agency.

10. Offer Format

a. All offers shall be in writing and sealed. Sealed bids shall state the ITB number and project on the exterior of the sealed envelope.

11. Offer withdraw

a. Offerors may withdraw offers by submitting a notice to the Agency prior to the ITB closing date.

Withdraw notices must be on the Offeror’s letterhead and be signed by the authorized representative.

12. Closing, Opening, and First Tier Submittal

a. Closing – Offers must be time and date stamped prior to the closing date and time. Offers received after the closing date and time will not be accepted.

b. Opening – All offers will be publicly opened on the date and time specified in the ITB at the ECSO office. Only the name of the Offeror(s) and the items to be considered for award purposes will be read at the opening. Attendance to the opening is optional. Award decisions will not be made at the opening.

c. First Tier Submittal – First tier subcontractor submittals are due to the Agency within two working hours after the Closing in writing and in accordance with ORS 279C.370.

13. Preliminary bid Results

a. Prior to the intent to award, the preliminary bid results will be available by request from the Agency

Buyer.

14. Time for Offer Acceptance

a. An Offeror’s Offer is a firm Offer, irrevocable, valid, and bidding offer for not less than sixty (60) days from the close date.

15. Method of Award

a. Bid award will be on a project specific contract.

16. Offer Evaluation Criteria

a. All offers will be evaluated to be considered responsive based on the go/no-go criteria defined in the ITB Scope of Work. The Agency may request information in addition to that already required in the ITB, in its sole discretion, it deems it necessary to fully evaluate the offer.

b. All offers are subject to OAR 137-049-0390. The Agency will review Offers prior to award to ensure applicable standards are met. The Agency may request information in addition to that already required in the ITB, in its sole discretion, it deems it necessary to fully evaluate the offer.

17. Processing of Bids

a. Neither the release of a Bid Security, nor acknowledgement that the selection process is complete shall represent that the Agency has accepted an Offer.

18. ITB Withdraw and Rejection

a. At the sole discretion of the Agency the ITB may be withdrawn at any stage during the bidding or review period.

b. All Offers may be rejected by the Agency for good cause upon finding that it is in the best interest of the Agency or public interest.

c. Particular Offers may be rejected by the Agency for any reason listed under OAR 137-049-0440

19. Intent to award

a. Upon completion of detailed review of all bids received the Agency at its discretion will issue a intent to award letter to the all Offerors who submitted offers be publicly available upon request.

20. Intent to award protests

a. Adversely affected or aggrieved Offerors have seven (7) calendars days from the intent to award announcement to file in writing to the Agency a protest to the intent to award. Protests must specify the grounds upon which the protest is based.

b. In order to be adversely affected or aggrieved Offeror, the Offeror must claim to be eligible for award of the contract as the lowest responsible and responsive Offeror and clearly identify how other lower Offerors are ineligible to receive the Contract.

c. The Agency will respond in writing to intent to award protests submitted by Offerors that have met all the criteria of the ITB. Protests will be reviewed internally by the Agency for validity and may result in delay of award of Contract for re-review of the Offers.

21. Award

a. Following the seven (7) day intent to award protest period and resolution to any protests, the

Agency will proceed with the final Contract award.

b. If only one Offer is received the Agency may dispense with the intent to award period and proceed directly to Contract.

22. Commencement of Work

a. Offeror shall not commence work until the Agency issues the notice to proceed in writing.

23. Award bid files

a. Contract award files can be requested from the Agency office

24. Information to be submitted by the Successful Offeror

a. The following shall be provided to the Agency within seven (7) days of Contract award.

i. Proof of insurance

ii. Performance Bond

iii. Payment Bond

SECTION D BID SECURITY REQUIREMENTS

Each Offer shall be accompanied by a certified or cashier's check, irrevocable letter of credit (Bank), or Bid Bond, payable to ECSO in an amount equal to ten percent (10%) of the total amount of the Offer.

Bid Security shall be furnished to Columbia 9.1.1 as security against the failure of the undersigned to comply with all requirements within the time frames established after notification of award.

If the undersigned fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, or (3) furnish certificates of insurance within fourteen (14) calendar days of the written notification of intent to award a Contract, then the Agency may cash the check, draw under the letter of credit, or otherwise collect under the Bid Security.

The Bid Bond form is Exhibit 2.

SECTION E – OREGON PREVAILING WAGE RATES (BOLI REQUIREMENTS)

The Contractor and all subcontractors shall comply with the provisions of set forth by the State of Oregon Bureau of Labor and Industries for prevailing wages. This ITB and the resulting Contract are subject to current prevailing wage rates. The work will take place in Jackson County. The prevailing wage rates in effect when this ITB was advertised, including the October 1, 2022 amendments, may be found at the following link and are incorporated by reference:

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx.

The Contractor and all subcontractors must have a BOLI public works bond filed with the Construction Contractors Board before starting work on the project, unless exempt.

SECTION F – FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM

(1) Pursuant to ORS 279C.370 and OAR 137-049-0360, Offerors are required to disclose information about certain first-tier subcontractors when the Agency estimates the Contract value for a Public Improvement to be greater than $100,000. Specifically, when the Contract amount of a first-tier subcontractor furnishing labor, or labor and materials, would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract in its Bid submission or within two (2) working hours after Closing:

(a) The subcontractor's name,

(b) Dollar value and,

(c) The category of work that the subcontractor would be performing.

https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx

If the Offeror will not be using any subcontractors that are subject to the above disclosure requirements, the Offeror is required to indicate "NONE" on the Disclosure Form.

THE AGENCY MUST REJECT AN OFFER IF THE OFFEROR FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS

INFORMATION BY THE STATED DEADLINE.

(2) An Offeror shall submit the disclosure form required by OAR 137-049-0360 either in its Offer submission or within two (2) working hours after Closing.

Compliance with the disclosure and submittal requirements is a matter of responsiveness. Offers which are submitted by Closing, but for which the disclosure submittal has not been made by the specified deadline, are not responsive and shall not be considered for Contract award.

(3) The Agency shall obtain, and make available for public inspection, the disclosure forms required by OAR 137- 049-0360. The Agency shall also provide copies of disclosure forms to the Bureau of Labor and Industries as required by ORS 279C.835. The Agency is not required to determine the accuracy or completeness of the information submitted. Substitution of affected first-tier subcontractors shall be made only in accordance with ORS 279C.585.

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

(ORS 279C.370)

Bids which are submitted by Bid Closing, but for which a required disclosure submittal has not been made by the specified Disclosure Deadline, are not responsive and shall not be considered for Contract award.

AGENCY SUPPLIED INFORMATION:

PROJECT NAME: Ashland Acres, Smith/Winningham and Applegate Fire District #4 New Communications Site Construction

BID #: 02012023

BID CLOSING: Date: February 21, 2023 Time: 12:00 PM

REQUIRED DISCLOSURE DEADLINE: Date: February 21, 2023 Time: 5:00 PM

Deliver Form To (Agency): Emergency Communications of Southern Oregon

INSTRUCTIONS:

This form must be submitted to the Agency within two (2) working hours after the advertised bid closing time. Submittal is to the same location listed in the ITB.

List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract.

Enter “NONE” if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.)

BIDDER DISCLOSURE:

Subcontractor Name Category of Work Dollar Value

The above listed first-tier subcontractor(s) are providing labor, or labor and material, with a Dollar Value equal to or greater than:

a) 5% of the total Contract Price, but at least $15,000. [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.

Form Submitted By (Bidder Name): _________________________________________________

Contact Name: ___________________________________ Phone #: _______________________

SECTION G – CONSTRUCTION CONTRACTORS BOARD (CCB) REQUIREMENTS

Offerors shall be licensed with the State of Oregon Construction Contractors Board (CCB) prior to bidding on Public Improvement Contract(s). FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RESULT IN BID REJECTION.

All Subcontractors participating in the project shall be similarly registered with the Construction Contractors Board at the time they propose to engage in subcontract work. The CCB registration requirements apply to all public works contracts unless superseded by federal law.

Offerors SHALL provide their Construction Contractors Board (ORS 701.055) registration number below:

CONSTRUCTION CONTRACTORS BOARD REGISTRATION NO.: __________________

EXPIRATION DATE OF CCB NO.: __________________

SECTION H – BID AMENDMENTS AND INQURY DETAILS

The Agency reserves the right to make changes to the Invitation to Bid and the resulting Contract, by written Solicitation Amendment (Addendum), prior to the closing time and date. Solicitation Amendment will be submitted in writing to the bidders who attend the mandatory pre-bid meeting. The Amendment will not be publicly posted.

Offerors will be requested to acknowledge receipt of the Amendment. The Agency is not responsible for an Offerors failure to receive and acknowledge receipt notice of the Amendment. Solicitation Amendments shall only be issued by the Agency and upon issuance are incorporated into the Invitation to Bid or the resulting Contract. If required by the Solicitation Amendment, Bidders shall sign and return the Solicitation Amendment prior to the Closing time/date.

A minimum of two Addendums will be issued or identified by the Agency as not needed. These will occur at the following times:

1. Post pre-bid conference to address any questions recorded during the conference

2. After the last day for Requests

SECTION I – RESPONSIBILITY INQUIRY / CONTACTOR REFERENCES

The Agency reserves the right, pursuant to OAR 137-049-0390 to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Offeror's responsibility to perform the Contract.

Submission of a signed Offer shall constitute approval for the Agency to obtain any information the Agency deems necessary to conduct the evaluation. The Agency shall notify the apparent successful Offeror, in writing, of any other documentation required, which may include, but is not limited to, recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short and long-term financing; bonding capacity; credit information; material; equipment;

facility and personnel information; performance record of Contract performance; etc. Failure to promptly provide this information shall result in Offer rejection. The Agency may postpone the award of the Contract after announcement of the apparent successful Offeror in order to complete its investigation and evaluation. Failure of the apparent successful Offeror to demonstrate Responsibility, as required under OAR 137-049-0390, shall render the Offeror non-responsible and shall constitute grounds for Offer rejection, as required under OAR 137-049-0440.

1. OFFERORS INFORMATION

Business Name:

Agency(s) Name:

Business Address:

Telephone Number:

Email Address:

2. OFFEROR REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE

Offeror shall provide a list of three different project references with their Offer that can be contacted regarding the quality of workmanship and service that the Offeror provided on projects of comparable size and scope. Offeror shall submit this information on their form. Comparable project information shall at a minimum include the following sections:

• Name of project

• Project location

• Project description

• Project completion date

• Firm name for contact person

• Contact person

• Contact phone number

• Contact e-mail address

• Contract value

• Contract change order value

SECTION J – CONTRACTOR SUPPLIED MATERIALS

Offeror shall provide new, not previously used, materials for the Contractor supplied materials. Where economically feasible and able to meet or exceed the performance requirements set forth in this contract recyclable materials shall be used.

SECTION K – RESIDENCY INFORMATION

OAR 137-049-0390 states " In determining the lowest Responsive Bid, the Contracting Agency shall, in accordance with OAR 137-046-0310 (Reciprocal Preferences), add a percentage increase to the Bid of a nonresident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides.”

"Resident Bidder" means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a "resident Bidder". (OAR 137-046-0110)

"Non-resident Bidder" means a Bidder who is not a "resident Bidder" as defined above. (OAR 137-046-0110)

Check one: Bidder is a

Resident Bidder If Resident, Enter Oregon business Address

Non-Resident Bidder If non-resident, Enter State of Residency

FOREIGN CONTRACTOR: If the amount of the Contract exceeds ten thousand dollars ($10,000), and if Contractor is not domiciled in or registered to do business in the State, Contractor shall promptly provide to the Oregon Department of Revenue all information required by that Department relative to the Contract. The State shall be entitled to withhold final payment under the Contract until Contractor has met this requirement.

https://oregon.public.law/rules/oar_137-046-0310

SECTION L - CERTIFICATION OF COMPLIANCE WITH TAX LAWS

By my signature in Section O of this Contract, I, hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the Contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that Contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws.

SECTION M - CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS

(1) Pursuant to OAR 137-049-0200, the Offeror certifies by its signature on these solicitation document forms that it has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following:

(a) A written employee drug testing policy, (b) Required drug testing for all new Subject Employees or, alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and

(c) Required testing of a Subject Employee when the Offeror has reasonable cause to believe the Subject Employee is under the influence of drugs.

(2) A drug testing program that meets the above requirements will be deemed a "Qualifying Employee Drug Testing Program." An employee is a "Subject Employee" only if that employee will be working on the Project job site.

(3) If awarded a Public Improvement Contract as a result of this solicitation, Offeror agrees that at the time of Contract execution it shall represent and warrant to the Agency that its Qualifying Employee Drug Testing Program is in place and will continue in full force and effect for the duration of the Public Improvement Contract. The Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment) shall be contingent on Contractor's compliance with this representation and warranty. (4) If awarded a Public Improvement Contract as a result of this solicitation, Offeror also agrees that at the time of Contract execution, and as a condition to Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment), it shall require each Subcontractor providing labor for the Project to:

(a) Demonstrate to the Contractor that it has a Qualifying Employee Drug Testing Program for the Subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug Testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or

(b) Require that the Subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug Testing Program for the duration of the subcontract.

SECTION M - DRUG-TESTING REQUIREMENTS

(1) The Offeror certifies by its signature on these solicitation document forms that it has a Qualifying Drug Testing Program in place for its employees that includes, at a minimum, the following:

(a) A written employee drug testing policy, (b) Required drug testing for all new Subject Employees or, alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and (c) Required testing of a Subject Employee when the Offeror has reasonable cause to believe the Subject Employee is under the influence of drugs.

(2) A drug testing program that meets the above requirements will be deemed a "Qualifying Employee Drug Testing Program." An employee is a "Subject Employee" only if that employee will be working on the Project job site.

(3) If awarded a Public Improvement Contract as a result of this solicitation, Offeror agrees that at the time of Contract execution it shall represent and warrant to the Agency that its Qualifying Employee Drug Testing Program is in place and will continue in full force and effect for the duration of the Public Improvement Contract. The Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment) shall be contingent on Contractor's compliance with this representation and warranty.

(4) If awarded a Public Improvement Contract as a result of this solicitation, Offeror also agrees that at the time of Contract execution, and as a condition to Agency's performance obligation (which includes, without limitation, the Agency's obligation to make payment), it shall require each Subcontractor providing labor for the Project to:

(a) Demonstrate to the Contractor that it has a Qualifying Employee Drug Testing Program for the Subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug Testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or (b) Require that the Subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug Testing Program for the duration of the subcontract.

SECTION N - CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS

By my signature in Section O of this Contract, I hereby attest or affirm under penalty of perjury: that I am authorized to act on behalf of Contractor in this matter, and to the to the best of my knowledge the Contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts, and that the Contractor is not in violation of any Discrimination Laws.

SECTION O – BID RESPONSABILITY AKNOWLEGEMENT

THIS BID MUST BE SIGNED IN INK BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER; ANY ALTERATIONS OR ERASURES TO

THE BID MUST BE INITIALED IN INK BY THE UNDERSIGNED AUTHORIZED REPRESENTATIVE.

The undersigned acknowledges, attests and certifies individually and on behalf of the Bidder that:

(1) He/she is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this Bid and all Solicitation Amendment, if any, issued.

(2) Bidder, acting through its authorized representatives, has read and understands all Bid instructions, Specifications, Plans, terms and conditions contained in this Bid document (including all listed attachments and Solicitation Amendment, if any, issued);

(3) The Bid submitted is in response to the specific language contained in the ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously issued ITB, if any.

(4) The State shall not be liable for any claims or be subject to any defenses asserted by Bidder based upon, resulting from, or related to, Bidders failure to comprehend all requirements of the ITB.

(5) The State shall not be liable for any expenses incurred by Bidder in preparing and submitting its Offer or in participating in the Offer evaluation/selection process.

(6) The Bidder agrees to be bound by and comply with all applicable requirements of ORS 279C.800 through ORS 279C.870 and the administrative rules of the Bureau of Labor and Industries (BOLI) regarding prevailing wage rates and payment of a fee to

BOLI.

(7) The Offer was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

(8) Bidder is bound by and will comply with all requirements, Specifications, Plans, terms and conditions contained in this Bid (including all listed attachments and Solicitation Amendment, if any, issued);

(9) Bidder will furnish the designated item(s) and/or service(s) in accordance with the Bid Specifications, Plans and requirements, and will comply in all respects with the terms of the resulting Contract upon award; and

(10) Bidder represents and warrants that Bidder has the power and authority to enter into and perform the Contract and that the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

(11) All affirmations and certifications contained in Sections J, K, L, M and N are true and correct.

Authorized Signature: __________________________________ Title: _____________________________

FEIN ID# or SSN# (required): ________________________________________

Contact Person (Type or Print): ____________________________________________________________

Telephone Number: Fax Number:

SECTION P - JOINT VENTURE/PARTNERSHIP DISCLOSURE

The Offeror shall disclose whether the Offer is submitted by either a partnership or joint venture.

NO: ________ YES: _______

If yes, the Offeror shall provide the name of the contact person for the partnership or joint venturer.

Name: __________________________________________________________

ATTACHMENT A

PRELIMINARY SCOPE OF WORK

1. SCOPE OF WORK

The Scope of Work is to construct two communication facilities at Ashland Acres and Smith/Winningham and place a new tower at Applegate Fire Station 4 for ECSO’s radio system. This is a performance specification and it is the responsibility of the Contractor to meet these specified requirements and to comply with all governing codes and regulations. ECSO is open to alternative solutions to those outlined to meet the performance specification. The Work is divided into the following elements:

1. SITE PREPARATION/FOUNDATION CONSTRUCTION: Including but not limited to providing access, clearing and grading, gravel base, gravel road, fencing, excavation and construction of reinforced concrete bases for, modular building, tower, and generator.

2. TRANSPORTATION AND INSTALLATION OF COMMUNICATION TOWER: ECSO will furnish the communications tower from Western Utilities as depicted on the attached shop drawings. Contractor work shall include but not limited to: Transportation of the tower from storage at ECSO; the excavation and construction of reinforced concrete base; tower erection; installing antenna mounts, and accessories; furnishing and installing ice bridge from tower to communications shelter for antenna lines.

The antenna and feed line work is excluded from this contract.

3. TRANSPORTATION AND PLACEMENT OF SHELTER OF A 12’ W X 16” L concrete modular communications shelter. Building weighs approximately 48,000 lbs.

4. INSTALLATION OF AN EMERGENCY GENERATOR: Contractor shall construct pads in accordance with the drawings for the emergency generator and propane fuel tank. Contractor will install, the generator including furnishing and installing all conduit and wire, control wires, and connection to an automatic transfer switch located in the communications shelter. Generator will be provided by ECSO.

5. ELECTRICAL SERVICE: Furnish and install electrical service from the utility transformer to the communication shelter in accordance with the utility drawing include with the project drawings. Cost to furnish and install to be separately identified.

6. GROUNDING: Furnish and install grounding as depicted on the drawings and in accordance with R56 standards for the generator, building, communications tower, and fence.

7. INSPECTIONS

The Agency will provide inspection services to ensure the quality of the overall project. These services include but are not limited to Agency, engineering, civil, and construction material inspections. The Contractor is responsible for coordinating all inspections with the Agency at least five (5) full business days prior to the needed inspection. The Contractor shall also coordinate with any Agency provided 3rd party inspection firms and any jurisdictional required inspection.

8. PERMITS

The following permits have been obtained by the Agency, all other permits are the responsibility of the Contractor. This includes any access permits such as timber company and forest service road use permits. The awarded contractor will be provided a list of property Agency’s on the access right of way.

● Agency Obtained Permits

○ Conditional use permit

○ Access Easement

9. DELIVERABLES

Successful delivery of each of the individual communications sites in accordance with the applicable design, scope, and standards is required to achieve substantial completion. The contract deliverable is a completed, ready for use by the Agency, communications site that meets the full intent of the design.

10. MATERIALS

The Agency is supplying the Shelter, Tower, Radios, RF feed lines, antennas, and generators. The remaining materials necessary for construction of the sites are the responsibility of the contractor.

11. COMMUNICATIONS

During the bidding process the contractor shall submit all bid related questions to the buyer using the method identified in the bid documents.

Communication during construction shall utilize an request for information (RFI) process for all clarifications of contract direction that is not defined or unclear in the contract documents. In the event that a contract requirement must be changed this shall be done utilizing a Contract

12. REPORTING

The Contractor shall submit a weekly report documenting the progress of construction including photos and a two week look ahead of work to be completed. The look ahead does not take the place of inspection requests, which have to be stand alone requests. The weekly reports are submitted via email to the Agency and their designees and must have the project name, “weekly report”, and week ending date in the subject line. Weekly reports must be submitted in a timely manner no later than 5:00 PM PT on the Monday following the week the work has occurred. Failure to submit weekly progress reports will result in approval delay or rejection of invoices.

13. SUBSTITUTIONS

Material substitutions must be reviewed and approved by the Agency and the Engineer of record. This review takes time. Any material substitutions must be submitted to the Agency no less than 20 days prior to the desired use on site.

14. POWER RUNS

Both Ashland Acres and Smith-Winningham sites required new power installation from the existing distribution power. The distance of this new underground power run is estimated in the drawings. The contractor is responsible for coordinating the power installation with the local utility, which is believed to be Pacific Power, but will be the responsibility of the contractor to confirm. The contractor is responsible for installing the per code and utility provider requirements. The power runs are to be underground. The power meters are to be located at the communication site.

15. ACCESS ROADS

Contractor is responsible for documenting the before construction condition of any existing access roads and the repair to pre-construction conditions of any damage that occurs to the roads because of construction. New access roads are to be constructed per the plans.

2. SUBMITTALS

1. GENERAL: Submit to Agency: shop Drawings; product data (Manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data.); and Record Drawings for each site. Shop drawings / product data shall be provided for: Concrete mix design;

reinforcing steel; propane tanks; fencing. The Agency will review submittal for design concept and conformance with Contract Documents.

2. SUBSTITUTIONS: Submit to the Agency a complete summary of the deviation from the Contract Documents including Supplemental Drawings and supporting data necessary to fully describe. All costs of substitutions, including but not limited to testing, engineering, and construction will be at the expense of the Contractor. No deviations from the Contract documents are permitted without written approval from the Agency.

3. CONSTRUCTION SCHEDULE: At the time of the Pre-Construction Conference, provide to the Agency a construction schedule in the form of a gaunt chart describing the anticipated flow of materials and labor for the work of this contract. Update weekly and ensure that the Agency is fully informed in advance of any significant changes.

4. MANUFACTURER’S MATERIAL SAFETY AND DATA SHEETS (MSDS Sheets): Provide information and instructions in conformance with current regulations. Provide notification to employees and on-site public as required.

3. SITE CONDITIONS

1. LAYOUT OF WORK: The contractor shall be responsible for the layout of the work, including all measurements to provide a complete facility to line, grade and dimensions. See Site Drawing.

2. Keep current record of as-built documents. Record location of concealed items and utility lines, field changes in dimension or detail and changes in materials furnished.

3. SITE MAINTENANCE: The Contractor shall, at all times, keep the premises free from accumulations of waste material or rubbish caused by his employees or work and at the completion of the work he shall remove all of his rubbish from and about the structure, all tools, scaffolding, surplus materials, and shall leave his work "broom clean", or its equivalent, unless otherwise specified. In case of dispute, ECSO may remove the rubbish and charge the cost to the Contractor. All waste materials generated by the Contractor shall be removed on a daily basis and disposed of in accordance with applicable Federal, State, and local laws. Prior to Final Completion, Contractor shall make each site clean, neat and ready for operation.

4. TEMPORARY FACILITIES AND CONTROLS:

1. GENERAL: Provide temporary protection as required for personnel and private property.

2. SITE UTILITIES: Temporary power, water and restroom facilities will be the responsibility of the Contractor to provide at no additional cost to the Agency.

3. MATERIALS AND EQUIPMENT STAGING: Provide adequate enclosure during construction to protect materials, construction and equipment from theft, vandalism and weather damage.

4. CONSTRUCTION AIDS AND BARRIERS: Provides barriers to protect new materials, equipment, new work, construction personnel, and the Public according to governing agency requirements.

5. FIRE SAFETY: Take all precautions to prevent the possibility of fire resulting from construction operations. Maintain one or more fire extinguishers on site. Avoid hazardous accumulations of rubbish and unsecured flammable materials. Store volatile wastes in covered metal containers, remove from premises daily and provide adequate ventilation.

5. PERFORMANCE OF WORK:

1. SUPERVISION: The Contractor shall provide competent supervision of the work. A superintendent shall represent the Contractor continuously throughout the project and all communication with him shall be binding upon the Contractor. The supervisor shall be on site at all times during construction requiring coordination among sub-contractors.

2. WORKMANSHIP: Skilled, qualified persons fully experienced and familiar with the best current industry practices shall perform the Work.

3. NON-CONFORMING WORK: Work not conforming to Contract documents and not acceptable to the

Agency shall be removed and replaced at the Contractor's expense. Execute cutting and patching of work as required to remove and replace defective work and work not conforming to Contract documents. Execute cutting, product removal and patching by methods which will prevent damage to other work, will provide proper surfaces to receive installation of repairs and comply with specified tolerances and finishes.

4. REPAIR OF DAMAGE: Repair damage, which occurs in connection with the Work of this Contract and restore finishes to specified or original condition.

6. PROJECT CLOSEOUT:

1. PROCEDURE: Contractor’s Agency shall submit written certificate that the Contract documents have been reviewed, the project has been inspected, and that the Work or designated area of the Work is completed, noting any exceptions.

2. INSTRUCTIONAL WALK-THROUGH: Provide a walk-through for maintenance personnel for the purpose of familiarizing them with building systems and components.

3. WORK NOT COMPLETED: If the Agency determines that the work is not complete, he will notify the Contractor in writing, stating the reasons. The Contractor shall remedy the stated deficiencies. The Agency will re-inspect the work at the Contractor's request.

4. WORK COMPLETE: If the Agency determines that the work is substantially complete in accordance with the Contract, he will provide a Certificate of Substantial Completion to the Contractor, taking note of any remaining uncompleted work and requesting Final Submittal.

5. PUNCHLIST INSPECTIONS: When the site is ready for the Agency to start operations, the Contractor shall notify the agency of being ready for a punch list inspection. The Agency and their representatives will inspect the site and create a punch list to the contractor of contract items that are not in accordance with the plans. If necessary, the Agency will, at the request of the Contractor, make additional inspections until the terms of Final Acceptance and Final Payment are met.

6. FINAL CLEANING: Remove grease, dust, dirt, stains, materials, residue, etc. from sight-exposed surfaces.

Repair, patch, and touch-up marred surfaces. Maintain in cleaned condition until final acceptance.

7. FINAL SUBMITTAL: Deliver Final Inspection, project record documents, guarantees, warranties, and certificates to the Agency upon completion of work including: a. Final Inspection/Certificate of Occupancy: Obtain from the issuing authority, and b. Record Drawings/Record Specifications: As required in subsequent sections.

8. Final statement and application for release of retainage shall include an itemized statement of original sum, additions and deductions from Directives, deductions for previous payments, and sum remaining due on a payment application form.

9. Submit a certified copy of the Final Punchlist from the Agency stating that each item has been completed to his satisfaction. Submit evidence of the change in the insurance coverage for the work.

Submit required wage certification.

7. SITE PREPARATION/FOUNDATION CONSTRUCTION:

This element of the project will include but be limited to the Work required to prepare the site and construct the required foundations for the tower, modular building, generator, and propane tank. The work shall include but not be limited to:

a) Provide clearing and access to the site l as shown on plans Further provide back filling, road repair and any improvement as shown on the plan and described above.

b) Provide security fence as shown on plans.

c) All installed gates must swing freely with latch and locks working as intended.

d) Contractor shall install the signs using non reversible hardware anchored to the metal portion of the fence. At sites without fencing, signs shall be installed on the building. RF Warning signs shall be installed per FCC requirements.

e) Furnish and install a foundation slab and footings for the communications structure in accordance with the drawings.

f) Provide a concrete pad for the entrance landing at the communications shelter door as shown on the drawings.

g) Furnish and install concrete foundation for the communications tower as shown on the attached drawings.

h) Contractor shall cure foundations to the following strengths before use or equipment or structure installation.

a. Shelter Foundations – 100% of design strength.

b. Tower Foundations – 80% of design strength.

c. Propane Tank Foundations – 100% of design strength or a full 7 day cure.

d. All other concrete under 2500 psi– 100% of design strength or a full 7 day cure.

e. All other concrete over 2500 psi – 100% of design strength.

i) Contractor shall coordinate all inspections with the Special Inspector and the Agency at five (5) business days prior to need for inspection. Special Inspections (provided by Agency) and Agency inspections are required for all reinforced concrete with specified strength greater than 2500 psi. Concrete inspection required includes both reinforcing steel prior to pour and concrete during pour.

j) The Agency’s Special Inspector will provide up to eight (8) compression cylinders, five (5) of which will be tested (broken) on the following schedule: 7, 14, two at 28 days, and hold/56 days. The remaining three

(3) cylinders are at the Contractor’s discretion for the test (break) days.

8. COMMUNICATIONS TOWER:

This element of the project includes but is not limited to the Work required to erect the Western Utilities communication tower furnished by ECSO, including but not limited to anchors bolts, accessories, antenna mounts, cable tray, climbing ladder and transmission line supports per attached Western Utilities drawings.

a) The Contractor is responsible to conform to all codes and standards as may be referred to in these specifications. All such referenced codes are, by such reference, incorporated into this Contract as is set forth herein in full.

b) Codes and standards shall be the latest issue and/or amendment thereto published at the date of the issue for bids. Codes and standards are abbreviated as follows:

AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASTM American Society of Testing and Materials AWS American Welding Society EIA Electronics Industries Association Standard 222 G Addendum #2 NEC National Electric Code IBO International Building Code Motorola Quality Standards -- FNE Installations Manual R56.

c) Inspection of steel fabrication, welding and erection will be performed by certified independent inspector provided by the Contractor.

d) The Contractor shall cooperate with all inspections and testing procedures.

e) Prefabricated components and other manufactured items shall be delivered, stored, handled, and erected in such a manner that they will not be damaged or deformed. Materials stored on the site before erection shall be secured on platforms or pallets.

f) Contractor shall provide stainless steel or galvanized exterior hardware. Contractor shall hot-dip galvanize all

Contractor-supplied steel parts.

g) 5.1.2. All required field modifications to steel must be properly treated with cold galvanizing compound.

h) 5.1.3. All exterior zip ties must be stainless steel. Protruding ends of all interior nylon zip ties must be flush cut. All interior zip ties must be black UV resistant nylon.

i) 5.1.4. All exposed unistrut and all-thread ends must be covered with appropriately sized rubber caps.

j) 5.1.6. Contractor shall notify the Agency 48 hours in advance of beginning construction of the tower and 24…