ITB_for_Non-profit_Incubator_Tenant_Improvements_Build_Out_(Addendum_#2_Revision).pdf

RELEASE DATE: June 24, 2024

INVITATION TO BID

24-095

ITB FOR NON-PROFIT INCUBATOR TENANT IMPROVEMENTS BUILD OUT

RESPONSE DEADLINE: July 23, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/beavertonoregon

This document is available in alternate formats, such as large print, audiotape, oral presentations and electronic format. To request an alternate format, please email the City of Beaverton at Bidmail@BeavertonOregon.gov or TDD

(503) 526-2506.

https://secure.procurenow.com/portal/%7bproject.government.code%7d

TABLE OF CONTENTS

I. INTRODUCTION

II. LEGAL BID ADVERTISEMENT

III. ADDITIONAL TERMS AND CONDITIONS OF SOLICITATION FOR A PUBLIC WORKS

CONTRACT

IV. SCOPE OF WORK

V. BID ITEMS DESCRIPTION

VI. GOOD FAITH EFFORT PROGRAM

VII. GFE PROGRAM: DIVISIONS OF WORK

VIII. GENERAL REQUIREMENTS AND SPECIAL PROVISIONS

IX. PART 00100 – GENERAL CONDITIONS

X. PART 00200 – TEMPORARY FEATURES AND APPURTENANCES

XI. VENDOR QUESTIONAIRRE

Attachments:

A - Construction Contract - Sample

B - Performance Bond

C - Labor and Materials Payment Bond

D - Locates

E - Laws to be Observed

F - Notice to Proceed

G - NPI TI - 12725 MILLIKAN WAY - ARCHITECTURAL PLANS

H - 20240221_Updated Floor Plan

I - NPI TI - 12725 MILLIKAN WAY - SPECIFICATIONS

J - Hardware Schedule

Invitation to Bid #24-095 Title: ITB for Non-profit Incubator Tenant Improvements Build Out

1. INTRODUCTION

1.1. Summary

The City of Beaverton is seeking contractors for Tenant Improvements to the Beaverton Building for the Oregon Startup Center (OSC) located on the third floor. The construction of this tenant improvement will be on an occupied floor of the Beaverton E-Suites with multiple tenants in suites nearby. The project includes remodeling spaces for their Non-Profit Incubator as well as offices for OSC and a kitchenette to be shared by all tenants of the E-Suites.

1.2. Background

The City of Beaverton is in the heart of the Tualatin Valley, midway between Mt. Hood and the

Oregon coast, just seven miles west of Portland, Oregon. Beaverton is Oregon’s sixth-largest city and the second-largest incorporated city in Washington County. The City is located 20 miles from the Portland International Airport or eight miles from Hillsboro Airport, all of which are easily accessed via multiple modes of transportation. Beaverton is home to more than 98,000 people of all ages and backgrounds.

The City strives to advance diversity, equity, and inclusion so that regardless of income, people will want to be part of this community to share a high-quality life. This Request for Proposal offering is made available with this goal in mind.

Mike Williams and Bill Berg are the project sponsors for this work. Travis Taylor is the project manager.

1.3. Contact Information

Gary Thompson

Facilities Supervisor

4755 sw griffith Drive

Beaverton, OR 97005-1678

Email: gthompson@beavertonoregon.gov

Phone: (503) 526-2563

Department:

Public Works - Operations

Department Head:

Tim Elsea

PW Director mailto:gthompson@beavertonoregon.gov tel:(503)526-2563

1.4. Timeline

ITB Released on June 24, 2024

Pre-Bid Conference (Non-Mandatory) July 2, 2024, 10:00am

12725 SW Millikan Way Beaverton, OR 97005

(meet in Lobby of City Hall)

Last Day to Submit Questions July 12, 2024, 11:59pm

Bid Due By July 23, 2024, 2:00pmhttps://www.zoomgov.com/my/beaver tonprocurement

2. LEGAL BID ADVERTISEMENT

INVITATION TO BID

FOR THE CONSTRUCTION OF ITB for Non-profit Incubator Tenant Improvements Build Out

Solicitation # 24-095

For more information regarding this project contact Gary Thompson, Project Manager, at (503)

526-2563.

2.1. DESCRIPTION OF PROJECT

The City of Beaverton will only accept electronic bids for the project via the City’s e-

Procurement Portal at https://procurement.opengov.com/portal/beavertonoregon, Project No.

24-095. The project cost is approximately between $400,000 and $500,000..

Summary

The City of Beaverton is seeking contractors for Tenant Improvements to the Beaverton Building for the Oregon Startup Center (OSC) located on the third floor. The construction of this tenant improvement will be on an occupied floor of the Beaverton E-Suites with multiple tenants in suites nearby. The project includes remodeling spaces for their Non-Profit Incubator as well as offices for OSC and a kitchenette to be shared by all tenants of the E-Suites.

https://www.zoomgov.com/my/beavertonprocurement https://procurement.opengov.com/portal/beavertonoregon

2.2. DEADLINE

Bids must be submitted by 2:00 pm on Tuesday, July 23, 2024. First-tier Subcontractor

Disclosure Forms for this project are due no later than 4:00 p.m. on Tuesday, July 23, 2024 to

Purchasing Division by email bidmail@BeavertonOregon.gov

2.3. DELIVERY METHODS

A. The City will only accept bid packets for this project electronically. Hard copies or facsimiles (fax) will not be accepted. Please submit your bid response to the City’s e-

Procurement Portal.

B. Time stamp is determined by when the email is received. Bids received after the designated time will not be considered.

2.4. BID OPENING

Bid opening will be virtual on Zoom: Bidders will be able to attend the bid opening by accessing the web version on Zoom at: https://www.zoomgov.com/my/beavertonprocurement

2.5. PRE-BID CONFERENCE

A non-mandatory pre-bid conference for this project will be held in person on Tuesday, July 2, 2024 at 10:00 am. This meeting will occur at Beaverton City Hall, 12725 SW Millikan Way, Beaverton, OR 97005.

This conference is to provide prospective Bidders with the opportunity to ask questions related to bidding or building the work under the resulting contract. Questions that cannot be addressed by direct reference to the Bid Documents may be answered through an addendum issued to all plan holders.

2.6. LOCATIONS OF SPECIFICATIONS

Bidders may obtain plans and specifications for the project by visiting City’s e-Procurement

Portal after registering an account.

2.7. PREVAILING WAGES

The contract expected to be awarded in connection with this solicitation is subject to the state prevailing wage rates under ORS 279C.800 to 279C.875 and/or the federal prevailing wage rates under the Davis-Bacon Act (40 U.S.C. 3141 et seq.). No Bid will be received or considered by the

City unless the Bid contains a statement by the Bidder that “Bidder agrees to be bound by and will comply with the provisions of ORS 279C.838, ORS 279C.840 or 40 U.S.C. 3141 to 3148.”

3. ADDITIONAL TERMS AND CONDITIONS OF SOLICITATION FOR A PUBLIC WORKS

CONTRACT

mailto:bidmail@BeavertonOregon.gov https://procurement.opengov.com/portal/beavertonoregon/projects/99083 https://procurement.opengov.com/portal/beavertonoregon/projects/99083 https://www.zoomgov.com/my/beavertonprocurement https://procurement.opengov.com/portal/beavertonoregon/projects/99083

3.1. RESIDENT BIDDER

The Bid must identify whether the Bidder is a “resident bidder,” as defined in ORS 279A.120.

3.2. LICENSING

The City will not receive or consider a Bid unless the Bidder is duly licensed by the Construction

Contractors Board or the State Landscape Contractors Board.

3.3. NON-CONFORMING TERMS OR CONDITIONS

A Bidder may not make its Bid contingent on the City’s acceptance of any terms or conditions

(including specifications) other than those contained in this Solicitation.

3.4. ASBESTOS

Based on currently-known information, this project is not an “asbestos abatement project” in that the project does not entail the demolition, renovation, repair, construction, or maintenance activity of any public or private facility that involves the repair, enclosure, encapsulation, removal, salvage, handling, or disposal of any material with the potential of releasing asbestos fibers from asbestos-containing material into the air.

3.5. NONDISCRIMINATION

The City extends equal opportunity to all persons and specifically encourages firms certified by

Certification Office of Business Inclusion & Diversity (COBID) to access and participate in this and all City projects, programs and services. All Bids must certify that the Bidder has not discriminated and will not discriminate against a firm certified by COBID in awarding a subcontract. Certification of non-discrimination in accordance with ORS 279A.110 (4), by responding to the “Bid Certification” section in VENDOR QUESTIONAIRE.

3.6. REJECTION OF BIDS

The City may reject a Bid that does not comply with all of City’s requirements in the Solicitation

Document or with prescribed public contracting procedures and requirements, including the requirement that the Bidder demonstrates the Bidder’s responsibility under ORS

279C.372(3)(b). The City may also reject for good cause all Bids after finding that doing so is in the public interest.

4. SCOPE OF WORK

4.1. Scope of Work

The City is seeking sealed proposals from qualified consultants to provide:

Tenant improvement to the third floor of the existing Beaverton Building to remodel and expand the existing Oregon Startup Center offices to include a Nonprofit Incubator. This will include

2,348 square feet of office tenant improvements in the existing occupied Beaverton E-Suites.

https://procurement.opengov.com/portal/beavertonoregon/projects/99083/document?section=901734

The remodel includes offices, conference rooms, open collaboration space and a kitchen with new partitions, ceilings, glazing, lighting, and casework. Mechanical and plumbing work will be design-build by the contractor.

This is a line-item bid. Provide separate line-item pricing for (A) the base bid, (B) alternate 1, and

(C) alternate 2 as described in ALTERNATES/ALT on drawing sheets G001, A101, A492 and A611.

See specification section 01 23 00 for a schedule of alternates.

4.2. Schedule of Work

The City expects the Proposer selected for award of contract to start work as soon as a contract is signed. Please refer to Attachment A for the City’s standard form of contract.

The City anticipates all work will be completed on or before June 30, 2025.

5. BID ITEMS DESCRIPTION

Bidder submits the Bid with the specific understanding that:

1. The Bid is balanced.

2. The quantities provided are estimates.

3. The City uses the estimated quantities only to compare Bids.

4. Payment on the Bid items are based on the actual calculated quantities of work completed and may be increased or decreased in the final payment.

Bidder, having full knowledge of the quality of the material and labor to be performed, proposes to perform all labor and furnish all materials necessary for ITB for Non-profit

Incubator Tenant Improvements Build Out, Project No. 24-095 at the unit prices as provided below. Bidder makes a mistake in the extension of prices, the unit prices shall govern. If Bidder makes a mistake in calculating the total bid amount, the City may, in its sole discretion, correct the error pursuant to BPC 49-0350.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Scope of Work 1 lump sum

TOTAL

Line Item Description Quantity Unit of

Measure Unit Cost Total

2 Alt. #1 1 lump sum

Line Item Description Quantity Unit of

Measure Unit Cost Total

3 alt #2 1 lump sum

6. GOOD FAITH EFFORT PROGRAM

Program Description

The City of Beaverton is committed to a procurement strategy that provides opportunities to small businesses, is supportive of the regional economy, and is designed to achieve racial and gender equality in contracting.

The City desires to encourage and provide opportunities for firms certified by the State of

Oregon Certification Office for Business Inclusion and Diversity (COBID). Therefore, the City has adopted an aspirational goal of 15 percent participation of firms certified by COBID in its overall dollar amount of contracting and purchasing activities.For projects with a value estimated at

$100,000 and above, this Good-Faith Effort (“GFE”) Program does the following:

• Helps the City determine whether bidders made the required GFE to open subcontracting opportunities to COBID-certified firms.

• Assists the City with tracking subcontractor utilization on its projects.

• Requires Prime Contractors to provide evidence of a GFE on ALL of their subcontracting opportunities, regardless of value.

Prime Contractors must submit documentation showing that a GFE has been made to contact and contract with COBID-certified firms. Failure to comply with all of the requirements of the

GFE Program may result in the bidder being disqualified or a finding that a Contractor has materially breached the contract, which may result in a claim for damages.

Pre-Bid Requirements

A. Contact Requirements. The City has identified Divisions of Work (“DOW”) or areas where the City has determined that subcontracting opportunities may exist for each of its projects valued over $100,000. If the City has identified DOW, Bidders must make a

GFE to contract with a COBID-certified subcontractors for each DOW identified in the solicitation document.

1. A bidder may not use a subcontractor to perform any DOW unless the bidder has made a GFE as required by these requirements.

2. A bidder is not required to contact COBID-certified subcontractors for any DOW that will be performed by the bidder. If the bidder indicates that it will self-perform work for a particular DOW, it may still add a subcontractor in that DOW as long as bidder submits the required documentation as provided in the Subcontractor changes section.

Please go to the State’s website to locate potential subcontractors certified by

COBID for each DOW. Search the codes for each DOW you intend to subcontract

(e.g. NIGP Code 91038 for Asbestos Removal). The state COBID Certification

Directory is located at http://oregon4biz.diversitysoftware.com. If you have difficulty identifying potential subcontractors certified by COBID please contact the

Purchasing Division at 503-526-2435.Please note that this project is located within

Washington County. When searching for potential subcontractors, you are encouraged to contact subcontractors from Washington County.

B. Who to Contact. For EACH DOW that will be performed by a subcontractor, bidders must contact:

1. Each COBID-certified subcontractor that attended the pre-bid meeting (if one was held) identified itself as a subcontractor in one or more specific DOW that the bidder will subcontract. The Pre-Bid Attendance List will be available to bidders on the

City’s Bids page, located at City's e-Procurement Portal.

2. A minimum of three COBID-certified subcontractors for each DOW that will be subcontracted. If there are fewer than three subcontractors listed on the State’s website for a particular DOW, then bidders shall contact ALL of the subcontractors listed on the website for that DOW.

C. When to Contact. Bidders shall make first contact with COBID-certified subcontractors at least seven calendar days before the bid opening. For example, if the bid opening date is on Thursday, then the first contact shall be on or before the Thursday of the preceding week.

D. How to Contact.

1. Bidders shall first contact COBID-certified subcontractors by letter, fax, or email to advise them of potential subcontracting opportunities;

2. Bidders shall then follow up the first contact with telephone calls to each COBID-certified subcontractor to determine if a bid will be submitted or if further information is required. Bidders are not required to follow up with the first contact if the COBID-certified subcontractor responds to the first contact with a statement that the subcontractor will not bid on this project or if the subcontractor has already submitted a sub-bid.

E. Provide Same Information. Bidders shall ensure that each COBID-certified subcontractors have an equal opportunity to compete for work by having the same information as other subcontractors. Bidders shall inform COBID-certified subcontractors of the date and time that sub-bids are due.

F. OPTIONAL. Although not required as part of the City’s GFE Program, bidders should also consider the following:

1. Advertising in community-based newspapers (i.e. Skanner, Asian Reporter, El

Hispanic, etc.).

2. Providing letters to minority and women community organizations;

3. Using alternative methods of participations with COBID-certified firms through arrangements such as joint ventures, negotiated subcontract agreements, and competitive bids.

4. Purchasing construction materials and equipment from COBID-certified suppliers.

General Bid Requirements

Bidders shall also submit the following required forms.

Form 1. Subcontractor and Self-Perform List

DUE DAY OF BID OPENING BY 4 p.m. FROM ALL BIDDERS

a. All Bidders shall submit Form 1 with their bid or by 4 p.m. on the day the bid is due. Failure to timely submit Form 1 will result in the City deeming the bid non-responsive and rejecting the bid.

b. Form 1 shall list all subcontractors to be used on the contract regardless of the dollar amount. This is more than what is required by the State’s First-Tier Subcontractor

Disclosure Form. If this bid includes bid alternates, then bidders shall list all first-tier subcontractors who will be used if the City elects to do the additional work.

c. Bidders shall list all DOW they intend to self-perform and separately list any DOW where the identity of the subcontractor who will perform the work is undetermined at bid time.

Form 2. Contact and Bids Received Log & Solicitation Letter

DUE DAY AFTER BID OPENING BY 2 p.m. FROM APPARENT LOW BIDDER

a. The apparent low bidder shall submit Form 2 (or equivalent) on the next business day following bid submission by 2 p.m. Failure to timely submit Form 2 may result in the

City deeming the bid non-responsive and rejecting the bid.

b. Solicitation Letter. The apparent low bidder shall also submit a copy of the letter, fax, or email set to subcontractors certified by COBID to solicit bids for this project. If bidder sent more than one communication, then bidder shall submit a copy of each communication.

c. Procedure. If the apparent low bidder is not awarded the contract or its bid is rejected for any reason, the City will notify the next apparent low bidder. The next apparent low bidder shall then submit Form 2 and the solicitation letter on the next business day by 2 p.m.

Form 3. Monthly Subcontractor Payment and Utilization Report

DUE MONTHLY FROM THE AWARDED CONTRACTOR

Contractor shall list the contract amounts and payment amounts to ALL SUBCONTRACTORS

(including COBID-certified subcontractors) and second-tier subcontractors on Form 3. All first-tier subcontractors with second-tier subcontractors shall also submit Form 3 on a monthly basis. Contractor shall complete and submit a Monthly Subcontractor Payment and Utilization

Reports by the 15th of each month once work has commenced.

Delivery Method

Bidders may submit documentation for the GFE Program electronically. Electronic submissions must be sent to: bidmail@BeavertonOregon.gov.

Subcontractor Changes

A. Contractor is prohibited from adding or replacing a COBID-certified subcontractor after the bid is submitted or the contract is awarded unless Contractor receives written mailto:bidmail@BeavertonOregon.gov authorization from the Purchasing Manager. The Purchasing Manager must be immediately notified in writing once Contractor has the need to substitute a COBID-certified firm acting as a subcontractor.

B. No subcontractor may be added or replaced after the bid is due unless Contractor complies with the requirements of ORS 279C.585 and makes a GFE to contract with a

COBID-certified firm for the work to be performed. Contractor must create and provide documentation of a GFE to the Purchasing Manager before adding or replacing a subcontractor.

Process for Collection of Form 3

1. Upon execution of the contract, the Equity Coordinator will collect Form 3 monthly from the Prime Contractor using one of the three choices provided in Section 2. Form 3 must be submitted to the Equity Coordinator monthly regardless of usage for a particular month. If the Prime Contractor did not use a subcontractor for a particular month, the

Prime Contractor must enter zero in the “amount paid “column next to the subcontractor and submit Form 3 per the normal process.

2. The Equity Coordinator will first contact the City’s Project Manager (PM) to review the

Form 3 collection process. The PM will select one of the choices below as the process to collect Form 3.

a. The City’s PM will work with the Contractor to collect the document and send them to the Equity Coordinator monthly.

b. The Contractor’s PM will send the forms to the Equity Coordinator directly each month.

c. The Contractor’s assistant or contract administrator will send the form to the City’s

PM or Equity Coordinator each month.

The choice selected will be documented in the Procurement File for the Contract.

3. If Form 3 is not received within 14 days/two weeks or a certain month, the Equity

Coordinator shall follow the process given by the City’s PM to contact the Contractor for the form. This timeline can be extended if the Contractor works the Equity Coordinator to determine an alternative date. Upon Contractor’s failure to respond to two additional follow ups, the Equity Coordinator will contact the Contractor directly using the Notice procedures in the Contract to request submission of Form 3. A failure to respond to the third direct request from the Equity Coordinator and submit a completed Form 3 to the

Equity Contractor; may subject Contractor to the imposition of one or more of the remedies provided in the Enforcement subsection below, including withholding progress payments.

Audit

If City reasonably believes that Contractor has violated the terms and conditions of the GFE

Program, then City has the right to inspect and copy the books and records of Contractor and any subcontractor employed on the project to determine whether a violation has occurred.

If Contractor or any subcontractor fails to provide the books and records for inspection and copying when requested, Contractor’s failure shall constitute a material breach of this contract and City may pursue the imposition of any remedies provided in the Enforcement subsection, including withholding progress payments.

Enforcement

Contractor’s Failure to meet the terms and conditions of the GFE Program constitutes a material breach of the contract. If Contractor materially breaches the contract, City may take one or more of the following actions:

A. Withhold Progress Payments. City may withhold progress payments until Contractor has remedied the action causing the material breach of contract. If progress payments are withheld, then Contractor shall not be entitled to interest on the progress payments. If a subcontractor is responsible for the action causing the material breach of contract, then City may choose to withhold only that portion of the progress payment.

B. Liquidated Damages.

1. Noncompliance. The parties agree that it would be difficult to assess the actual damage incurred by the City for Contractor’s failure to comply with the GFE

Program. The parties further agree that it is difficult to determine the cost to the

City when contracting opportunities are not provided. Therefore, if Contractor fails to comply with the GFE requirements of the GFE Program, then Contractor agrees to pay $1,000 for each violation. These damages are independent of any liquidated damages that may be assessed due to any delay in the project caused by

Contractor’s failure to comply with this or other provisions of the contract.

2. Delay. Contractor agrees that any delay due to the specified Contract Time as a result of Contractor’s failure to comply with the requirements of this section subjects Contractor to liquidated damages.

C. Other Remedies. The remedies provided above do not limit any other remedies available to City in the event Contractor fails to meet the terms and conditions of the

GFE Program.

Questions about the GFE Program may be directed to Robert Lowe, Program Coordinator, at

(503) 526-2251 or rlowe@BeavertonOregon.gov.

All forms are available online on the City’s website at:

www.BeavertonOregon.gov/Purchasing

7. GFE PROGRAM: DIVISIONS OF WORK

The following Divisions of Work (“DOW”) have been selected for this project.

Bidders may search for COBID-certified subcontractors certified through the State’s

Certification Management System (COBID) at https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp by using the

National Institute of Governmental Purchasing (NIGP) codes. Bidders may also identify potential

COBID-certified subcontractors by searching COBID-certified suppliers registered with the

State’s eProcurement system at http://orpin.oregon.gov.

The NIGP Codes selected below are unique to this project:

91427 Carpentry, 91240 Demolition, 91216 Drilling/Boring, 91075 Drywall/Sheetrock, 91438

Electrical, 91444 Floor Coverings, 91447 Glass Services, 91036 HVAC, 91453 Insulation, 91461

Painting/Wallpapering, 91468 Plumbing

8. GENERAL REQUIREMENTS AND SPECIAL PROVISIONS

The Beaverton Purchasing Code (“BPC”) shall take precedence over any conflicting general requirements and special provisions described below or provisions in the Oregon Standard

Specifications for Construction 2021 and all applicable updates and corrections (“Standard

Specifications”).

9. PART 00100 – GENERAL CONDITIONS

Comply with Part 00100 – General Conditions of the Standard Specifications, as further supplemented or modified in these General Requirements and Special Provisions:

00100.05 General - Add the following paragraph:

The “Contract Documents” or “Contract” are comprised of the 2021 Oregon Standard

Specifications for Construction and all applicable updates and corrections to the Special

Provisions, as amended, together with these General Requirements and Special Provisions, the

Invitation to Bid, the Accepted Bid, the Construction Contract, the Plans, the Standard Details, mailto:rlowe@BeavertonOregon.gov http://www.beavertonoregon.gov/Purchasing https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp http://orpin.oregon.gov/

ODOT Standard Drawings, the Forms in this Bid and also provided separately, and all addenda issued prior to the execution of the Construction Contract and all modifications.

The section numbers in these General Requirements and Special Provisions refer to parallel section numbers in the Standard Specifications that have been modified by the City. Bidders are responsible for keeping informed of all amendments to the Standard Specifications that may not be reflected in the Bid Documents but are nonetheless part of the Bid. The work shall be done in accordance with the Contract Documents.

9.1. SECTION 00110 – ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS

00110.10 Abbreviations - Add the following abbreviations from the list as follows:

DOW - Divisions of Work

ESB - Emerging Small Businesses

GFE - Good Faith Effort

MBE - Minority-Owned Enterprises

MWSDV - Minority, Women, Service-Disabled, Veteran owned business

SDV - Service-Disabled Veteran-Owned

WBE - Women Business Enterprises

00100.15 Beaverton Equity in Procurement Program - Add new Subsection:

If any subcontractors are used in the performance of this contract, Bidder shall comply with

BPC 46-0330, which relates to the use of COBID-certified firms.

00110.20 Definitions - Delete and add the following definitions from the list as follows:

City - The City of Beaverton, Oregon including the City Council, employees and agents of the

City authorized to administer the conditions of the Contract Documents.

Engineer - The City Engineer or their representative for the City.

Or Approved Equal – The term “or approved equal” shall be understood to indicate that the

“equal” product is the same or better than the product named in function, performance, reliability, quality, and general configuration. Determinations of equality in reference to the project design requirements will be made by the Engineer according to Section 120.16 (before bid) or Section 00180.21(b) and (d) after Award.

Owner - The City.

Public Works Director – The City’s Public Works Director or the Public Works Director’s designee.

Substantial Completion - The Work or specified parts of the Work, except punch-list corrections and final cleanup.

Working Day - Monday through Friday, excluding City Holidays.

9.2. SECTION 00120 – BIDDING REQUIREMENTS AND PROCEDURES

Comply with Part 00120 of the Standard Specifications and all applicable updates and corrections to the Special Provisions, as further supplemented or modified as follows:

00120.00 Prequalification of Bidders - Delete subsection and replace with:

In addition to the requirements of this section, Bidders are referred to Section 00120.40(h) of these General Requirements and Special Provisions.

00120.01 General Bidding Requirements - Delete entire section and replace with the following:

Bid Submission:

Bidders shall submit Bids electronically through OpenGov’s e-Procurement portal.

City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause.

Your submission must be uploaded prior to the bid due date and time as listed in solicitation.

We strongly recommend that you give yourself sufficient time before the Bid Due Date and

Time to begin the uploading process and to finalize your submission. NO LATE BID PACKETS

WILL BE ACCEPTED. Please note the type and number of files allowed. Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Bid Opening:

Bids will be publicly opened and read at 2:00 pm on Tuesday, July 23, 2024. Bidders will only be able to attend this opening electronically using Zoom at the following link:

After the City opens the Bids, the City shall make the Bids available for public inspection.

00120.05 Requests for Plans, Special Provisions, and Bid Booklets - Delete entire section and replace with the following:

A. Bidding Plans, Special Provisions, and Bid Booklets – Bidders must only submit electronic Bids.

00120.10 Bid Booklet: - In the paragraph that begins "The Bid Section includes all pages after…", add the following:

Bidders shall comply with applicable provisions of the BPC, including BPC Chapter 49, and these

General Requirements and Special Provisions.

A “complete bid packet,” due day of bid opening for this project, includes the following documents:

A. Bid Form Line Items (competed online in the city’s OpenGov’s e-Procurement Portal.)

B. Vendor Questionnaire (completed online in the city’s OpenGov’s e-Procurement

Portal.)

C. Bid Guaranty – Bid Bond, Cashier’s Check or Certified Check

NOTE: Due to bids being received electronic, copies of all required bonds will be accepted with electronic bid submittal, but original bonds from the apparent lower bidder must be submitted by mail within 5 days of bid opening.

D. Tentative Construction Schedule Sheet

Includes the Bidder’s attached tentative construction schedule.

E. First-Tier Subcontractor Disclosure Form

The First-Tier Subcontractor Disclosure Form may be included with the Bid or separately submitted no later than 4 p.m. on the day set for Bid Opening. If submitted separately, the form may be submitted by email to bidmail@BeavertonOregon.gov.

F. Subcontractor & Self-Perform List (GFE Program: Form 1)

If DOWs are included in the solicitation document, Bidders must identify all DOWs it will self-perform and subcontract. DOWs that are not self-performed are subject to the GFE

Program requirements. Before submitting, Bidders must ensure that all listed DOWs appear in at least two tables on this two-page form.

mailto:bidmail@BeavertonOregon.gov

G. Current Project Information Form

Evidence of current contracts in force.

H. Bidder Responsibility Form

Unless a current form is on file with the City, a completed “Bidder Responsibility Form” must be either included with the Bid or submitted separately within 2 hours after the bid closing date and time specified in the solicitation. The Bidder Responsibility Form can be downloaded at www.BeavertonOregon.gov/BidderResponsibilityFrom

I. Current Letter of Approval from the State of Oregon, Department of Transportation

(ODOT) (if required based on solicitation)

Unless a current copy is on file with BURA and/or the City, a current State of Oregon

Department of Transportation letter of approval must be either included with the Bid or submitted separately within 2 hours after the bid closing date and time specified in the solicitation if required by solicitation.

FAILURE TO SUBMIT EACH OF THE ABOVE DOCUMENTS AT THE SPECIFIED LOCATION AND

DEADLINE WILL CAUSE THE CITY TO DEEM THE BID NON-RESPONSIVE.

00120.10 Bid Booklet – Add the following subsection:

(a) Good Faith Effort COBID Certified Firm Certified Firm Contract & Bids Received Log &

Solicitation

The apparent low Bidder shall submit the following forms no later than 2 p.m. the day after bid opening.

A. The Good Faith Effort COBID-Certified Firm Contact & Bids Received Log (GFE Program:

Form 2)Bidders must make a GFE to include COBID-certified subcontractors to complete this construction project. Each Bidder must contact three COBID-certified firms for each

DOW no less than seven calendar days before the bid opening. The apparent low Bidder must submit the Good Faith Effort COBID-Certified Firm Contact and Bids Received Log

(GFE Program: Form 2) no later than 2 PM the day after bid opening as proof of a GFE.

B. Copy of solicitation letter sent to subcontractors certified by COBIDThe apparent low

Bidder shall submit one copy of the letter, fax, or email sent to COBID-certified subcontractors to solicit bids for this project. If more than one form of communication was sent, submit a copy of each form.

Failure to timely submit Form 2 will result in rejection of the Bid. Failure to timely submit the solicitation letter may result in rejection of the Bid at the City’s discretion. If the apparent low https://content.civicplus.com/api/assets/f7486aac-439e-4129-9460-13ad90d5ef6a?scope=all

Bidder is not awarded the contract or its Bid is rejected, then the City will notify the next apparent low Bidder. The next apparent low Bidder shall then submit Form 2 and the solicitation letter on the next business day by 2 p.m. Upon the City’s request, Bidders shall submit additional information to clarify its GFE.

00120.15 Examination of Work Site and Solicitation Documents, Consideration of Conditions to be Encountered - Add the following paragraphs after the paragraph that begins with “The

Bidder is responsible”…:

If a mandatory or non-mandatory pre-bid meeting for this project is scheduled, that information will be listed in the OpenGov’s e-Procurement solicitation. If the solicitation states this meeting will be held in person, the location will be listed in the solicitation. If this meeting will be virtual, it will be held using a Zoom Meeting at the following link:

https://www.zoomgov.com/my/beavertonprocurement

City accepts no responsibility for any electronic technical difficulties, equipment failure, or any other similar cause the bidder may encounter in trying to attend the virtual pre-bid meeting using Zoom or any other virtual meeting electronic application.

This will provide prospective bidders with the opportunity to ask questions related to the Bid or the Work under the Contract. The City may answer questions that cannot be addressed by direct reference to the Bid Documents through an Addendum issued to all plan holders. A bidder’s failure to attend a mandatory pre-bid meeting shall cause the bidder’s bid to be deemed non-responsive.

Before submitting a Bid, Bidder shall carefully examine the site of the proposed Work, the Bid

Booklet, Plans and Specifications. Bidders shall also contact Utility owners to verify all Utilities’ anticipated involvement on the Project Site. Submission of a Bid will constitute confirmation that the Bidder has examined the Project Site and Solicitation Documents, finds the Plans and

Specifications to be sufficiently detailed and accurate to enable Bidder to properly perform the

Work, and understands the conditions to be encountered in performing the Work and all requirements of the Contract.

The Bidder is responsible for loss or unanticipated costs suffered by the Bidder because of the

Bidder’s failure to fully examine the site and become fully informed about all conditions of the

Work, or failure to request clarifications of Plans and Specifications Bidder believes to be erroneous or incomplete.

Any clarification of Plans and Specifications needed by the Bidder shall be requested by submitting a question to the project manager in the question-and-answer section of the solicitation in OpenGov’s e-Procurement’s Portal. Requests shall be made in sufficient time for the City’s reply to reach all plan holders before Bid Closing. The City shall issue all Addenda to all plan holders within a reasonable time before Bid Closing, but in no case less than 72 hours before Bid Closing. If an Addendum is necessary after that time, the City will extend the Bid

Closing date.

Oral explanations or interpretations by the City will not be binding. To be binding, interpretation of the Plans and Specifications by the City must be made by written Addendum furnished to all plan holders according to 00120.30. Notification of erroneous or incomplete

Plans and Specifications shall also be submitted via the OpenGov’s e-Procurement portal.

Bidders shall acknowledge receipt of all issued Addenda on the bid via the OpenGov’s e-

Procurement portal. All questions on Addenda should be directed to Michael Phillips, Purchasing Manager, at (503) 526-2229, or at mphillips@beavertonoregon.gov.

00120.20 Interpretation of Quantities in Bid Schedule – Add the following to this subsection:

Bid prices listed for Bid items shall cover all Work. There may be materials required to complete the Work that are not listed as Bid items. These materials shall be deemed incidental items, even though there may be incidental items already listed in the Bid. Incidental items listed in the Bid are not all-inclusive.

00120.30 Changes to Plans, Specifications, or Quantities before Opening Bids – Replace this subsection with the following:

The City reserves the right to issue Addenda making changes or corrections to the Plans, Specifications, or quantities. The City will provide Addenda only by publishing them via

OpenGov’s e-Procurement portal.

All bidders who have subscribed to the bid will be automatically notified of the Addenda by

OpenGov’s through bidders registered email.

Bidders, not the City shall be responsible for failure of Bidders to check and download Addenda.

Bids shall incorporate all Addenda. Bids may be rejected if opened and found by the City to not be based on all Addenda published on OpenGov’s e-Procurement portal, before Bid Closing.

00120.40 Preparation of Bid - Replace this subsection with the following:

(a) General:

Bidders shall complete the certifications and statements included in the Bid Section of the Bid

Booklet according to the instructions. Confirmation of the vendor questionnaire via OpenGov’s e-Procurement portal by the Bidder’s authorized representative thereon constitutes the mailto:mphillips@beavertonoregon.gov

Bidder’s confirmation of, and agreement to all certifications and statements contained in the

Bid Booklet. The Bid must then be submitted per the instructions given in 00120.01 and

00120.45(b).

The approved construction plans, these General Requirements and Special Provisions, and other Contract Documents do not purport to control the method or sequence of preparing the

Work, but only the requirements as to the nature of the completed work. The Contractor assumes the entire responsibility for the method of scheduling, performing, and installing the work. Suggestions as to the method of sequencing, performing, and installing the work included in the contract documents shall be deemed advisory only and the feasibility of such methods, or the lack thereof, shall not affect the Contractor's liability or status as an independent Contractor under this contract.

(d) Bidder’s Address and Signature Pages - Remove the sentence that begins with “In addition”:

(e) Bid Guaranty:

(1) Bid Guaranty with Paper Bids – Delete entire subsection:

Bidder shall attach the Bid Guaranty to the Bid Certification.

(2) Bid Guaranty with Electronic Bids - Delete entire subsection and replace with the following:

Due to bids being received electronic, copies of all required bonds will be accepted with electronic submittal, but original bonds from the apparent lower bidder must be submitted by mail within 3 days of bid opening. Bidder shall upload the Bid Guaranty in

OpenGov’s e-Procurement portal.

(f) Disclosure of First-Tier Subcontractors - Delete and replace all paragraphs after the paragraph that begins with “The Subcontractor Disclosure Form may be submitted for a Paper

Bid:” with:

The Subcontractor Disclosure Form may be submitted by:

• Filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it together with the Bid at the time and place designated for receipt of Bids or;

• Sending it by email. If it is sent by email, send to BidMail@BeavertonOregon.gov.

City is not responsible for partial, failed, illegible or partially legible email submittals, and such forms may be rejected as incomplete.

Bids not in compliance with the requirements of this subsection will be considered non-responsive.

mailto:BidMail@BeavertonOregon.gov

NOTE: This form will be deemed received by the time stated or stamped on the document.

(h) Bidder Responsibility Form - Add the following subsection:

Unless Bidder has a current Bidder Responsibility Form on file with the City, Bidder shall complete and submit the City’s Bidder Responsibility Form with the Bid or within 2 hours of Bid closing date and time. On the Bidder Responsibility Form, Bidder shall provide the qualifications of the firm for accomplishing the specified work. The Bidder Responsibility Form may be downloaded at www.BeavertonOregon.gov/BidderResponsibilityFrom

The Bidder Responsibility Form addresses the following standards of responsibility:

A. Evidence of previous public improvement projects of similar scope undertaken by the

Bidder and completed for local government agencies within the last five years. Previous project information should include examples of work similar to this project, the name of the project, and other project details as specified in the Bidder Responsibility Form. To be considered for acceptance as a construction contractor for this project, Bidder shall demonstrate a minimum of three consecutive years’ experience as a general contractor in successfully executing work of the types specified. Bidder may list additional years of experience in other types of work and as a subcontractor, but these years of experience shall be in addition to the minimum number of years required as a general contractor on work similar to this project and must be listed after the minimum specified experience as a general contractor.

B. Evidence of a satisfactory record of performance during the last three years.

C. Evidence of sufficient financial, material, equipment, facility, and personnel resources and expertise, or ability to obtain sufficient resources and expertise, necessary to meet all contractual responsibilities.

D. Evidence that the key subcontractors, installers, and supervisory personnel proposed for the contract are qualified for the type of work specified.

E. Evidence of a satisfactory record of integrity. Bidder may be determined to lack integrity if City determines Bidder demonstrates a lack of business ethics, which may be demonstrated by violating state environmental laws or false certifications to an agency. City may find Bidder non-responsive based on the lack of integrity of an entity or individual having influence or control over Bidder, which may include a parent company, predecessor, successor entity or key employee of Bidder that has authority to significantly influence Bidder’s performance of the Contract. The standards for conduct http://www.beavertonoregon.gov/BidderResponsibilityFrom disqualification may be used to determine Bidder’s integrity.

Certification of non-discrimination in accordance with ORS 279A.110(4), by acknowledgement in the vendor questionnaire.

Copies of any letters of recommendation or appreciation from cities of previous projects successfully completed by Bidder would be accepted but not required.

(i) Contractor’s Tentative Construction Schedule - Add the following subsection:

To show bidder responsibility and demonstrate ability to schedule and manage a project of this nature, Bidder shall prepare and submit with its Bid a tentative construction schedule of the current project from Notice to Proceed through Completion, including a milestone for

Substantial Completion. For purposes of scheduling, Bidder shall assume the following:

Notice to proceed date, Milestones and Substantial Completion dates listed in the current solicitation are accurate.

Bidder shall identify, in its tentative construction schedule, the critical path for the project, critical milestones in accomplishing the Work including start date, completion dates for critical segments of the Project and Project completion date. Unless otherwise directed by the

Engineer, the construction schedule shall be in bar chart format, shall be as specified in

00180.41, and shall be a Type “A” Schedule per 00180.41(a). In selecting a contractor, City will consider both the Bids and the Bidder’s tentative construction schedule in determining the lowest responsive bid. A clear and appropriately sequenced tentative construction schedule with the above completion time(s) will demonstrate Bidder responsibility and responsiveness.

A BID WITHOUT A TENTATIVE CONSTRUCTION SCHEDULE OR A MATERIALLY-DEFICIENT

TENTATIVE CONSTRUCTION SCHEDULE SHALL BE DEEMED A NON-RESPONSIVE BID.

00120.45(a) Paper Bids – Replace this subsection with the following:

The City will not accept Paper Bids submitted by mail, parcel delivery service, or hand delivery.

Bidders shall submit Bids electronically described in Section 00120.01.

00120.45(b) Electronic Bids - Replace this subsection with the following:

Bidders shall submit Bids electronically through OpenGov’s e-Procurement portal as described in Section 00120.01.

00120.60 Revision or Withdrawal of Bids - Delete entire subsection and replace with:

Bidder may withdraw its Bid as long as Bidder complies with the requirements of BPC 49-

0320(B). A Bidder that withdrew a Bid before Bid Opening may file a new Bid within the time allowed in the advertisement for bids.

00120.70 Rejection of Non-responsive Bids - Rename to “Rejection of Bids” and replace this subsection with the following:

The City may reject a Bid upon finding that to accept the Bid may impair the integrity of the procurement process or that rejecting the Bid is in the public interest.

The City shall reject a Bid upon finding that the Bid:

• Is contingent upon the City’s acceptance of terms and conditions (including specifications) that differ from the Solicitation Documents;

• Takes exception to terms and conditions (including specifications);

• Attempts to prevent public disclosure in contravention of the terms and conditions of the Solicitation Documents or in contravention of applicable law;

• Bids Work or goods that fail to meet the specifications of the Solicitation Documents;

• Is late;

• Is not in substantial compliance with the Solicitation Documents;

• Is not in substantial compliance with all prescribed public solicitation procedures and requirements, including the requirement to demonstrate the Bidder’s responsibility under ORS 279C.375(3)(b);

• The Bid is incomplete or incorrectly completed.

• Is unbalanced in that;

o The Bid is unreasonably front loaded and the Bid is potentially detrimental to the

City;

o The Bid is structured on the basis of nominal or token prices for some work and inflated prices for other work and the Bid is potentially detrimental to the City;

o The unit Bid prices are significantly disproportionate to the work involved and the

Bid is potentially detrimental to the City; or o The unit Bid prices are otherwise structured such that there is a reasonable doubt that award to the Bidder submitting the Bid will result in the lowest ultimate cost to the City.

The City shall reject a Bid upon finding that the Bidder:

• Has not been prequalified under ORS 279C.430 and the City required mandatory prequalification;

• Has been Disqualified;

• Has been declared ineligible under ORS 279C.860 by the Commissioner of Bureau of

Labor and Industries (BOLI) and the Contract is for a Public Work;

• Is listed as not qualified by the Construction Contractors Board, if the Contract is for a

Public Improvement;

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

Document;

• Has not submitted properly executed Bid or Bid Guaranty as required by the Solicitation

Document; or

• Has failed to provide the certification required under section 3 of this Rule; or

• Is not responsible as defined in BPC 49-0390(B) and ORS 279C.375 (3)(b). Bidders are required to demonstrate their ability to perform satisfactorily under a Contract. Before awarding a Contract, the City must have information that indicates that the Bidder meets the applicable standards of responsibility. A responsible bidder must demonstrate to the City that the Bidder:

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

o Holds current licenses that businesses or service professionals operating in Oregon must hold in order to undertake the Work specified in the Contract.

o Is covered by liability insurance and other insurance in amounts the City requires in these Solicitation Documents.

o Qualifies as a carrier-insured employer or self-insured employer under ORS 656.407 or has elected coverage under ORS 656.128.

o Has made the disclosure required under ORS 279C.370.

o Has a satisfactory record of contract performance. The City will carefully scrutinize a

Bidder’s record of contract performance if the Bidder is or recently has been…