ITB Pool Dome.pdf

Mt. Hood Community College – ITB No 12112023 – Retractable Pool Dome

INVITATION TO BID (ITB) NO. 12112023

Retractable Pool Dome

Direct all questions regarding this ITB to:

Mejdi Mahjoub, Purchasing Agent

503-491-6085, Mejdi.Mahjoub@mhcc.edu

BID CLOSING: Not later than 2:00 pm PDT, January 4th, 2024

LATE BIDS SHALL BE REJECTED

An optional Pre-Bid Meeting will be held on December 18th, 2023, at 11:00 am at Mt. Hood Community College Aquatic Center located at 3545 NE 17th St, Gresham, OR 97030. Attendance in person is NOT required; the Pre-Bid Meeting will not be teleconferenced, webcasted, or otherwise telecasted.

All questions and contacts with Mt. Hood Community College (hereinafter referred to as “MHCC”) regarding this ITB must be addressed in writing to the ITB Contact listed above. Any questions or issues that may arise regarding the Specifications, the bidding process, and/or the award process shall be directed to the ITB Contact. MHCC’s official response to any questions or requests will be through direct letters or the addendum process. Contact with other MHCC staff without prior clearance from the ITB Contact listed above may result in bidder disqualification.

This ITB, including all Addenda to the ITB, are posted on Oregon Buys on:

https://oregonbuys.gov/bso/view/login/login.xhtml and will not be mailed to prospective bidders. Bidders should consult the Oregon Buys websute regularly until Bid Closing to avoid missing any Addenda.

mailto:Mejdi.Mahjoub@mhcc.edu https://oregonbuys.gov/bso/view/login/login.xhtml

INVITATION TO BID (ITB) TIMELINE

ITB ISSUED

December 11, 2023

OPTIONAL PRE-BID MEETING

December 18, 2023, at 11:00 AM

DEADLINE FOR QUESTIONS

December 22, 2023

BIDS DUE

January 4, 2024, 2:00 pm

ANTICIPATED PROJECT COMPLETION

TBD

*The above schedule is approximate and subject to change

SECTION 1 - BID ADVERTISEMENT

Invitation to Bid No 12112023

Mt. Hood Community College (“MHCC”) seeks responses from qualified bidders to build a see-through, custom made retractable dome over our outdoor 50 meter pool at our Gresham campus.

SEALED BIDS in an envelope clearly listing the vendor name and ITB title will be received until the BID CLOSING DATE AND TIME noted below at MHCC’s Business Office at:

Mt. Hood Community College

Business Office, Room 50 Attn: Mejdi Mahjoub, Purchasing Agent

26000 SE Stark Street Gresham, OR 97030

Experienced firms are invited to submit a bid for consideration by MHCC.

BID CLOSING: Not Later than 2:00 pm PDT on January 4th, 2024

NOTE: If this is a Public Works project, all requirements applicable to Public Works projects apply to this project. In addition, MHCC has chosen to apply the requirements applicable to Public Improvement projects to this project whether or not it is a Public Improvement project. Therefore, throughout this ITB, wherever there is a reference to or requirement concerning Public Improvements, it will apply equally to this project. Therefore, if there is a provision stating a requirement for a Public Improvement project, MHCC is applying the same requirement to the project, whether or not otherwise required.

Direct all questions regarding this ITB to: MEJDI MAHJOUB, PURCHASING AGENT

503-491-6084, MEJDI.MAHJOUB@MHCC.EDU

mailto:Mejdi.Mahjoub@mhcc.edu

SECTION 2 - INVITATION TO BID

1.01 A. STATEMENT OF WORK:

Mt Hood Community College is requesting bids for a raised, retractable, clear and see through, permanent enclosure for the 50M outdoor pool at the MHCC Aquatics Center, for year around usage with the following specifications:

1) A permanent structural cover for the 50M pool. No inflatable or temporary structures will be considered.

2) Allow for visibility of spectators in the bleachers through a retractable clear span structure.

3) Maintain clearances for operations and egress paths, meeting operability and local code standards

4) Building architectural and engineering for the structure itself needs to be included. Site architectural and engineering will be completed separately.

5) Structural design requirements:

a. Area to be enclosed is approximately 124’ span x 220’ in length

b. Structure will align with the existing pool deck dimensions

c. Anodized Aluminum Finish Frame will be installed with a Protective Coating to protect against corrosion associated with a saltwater pool

d. Structure must be Engineered for the local building code requirements and architectural code

e. Structural load reports will be delivered to owner/site architect, along with plans and calculations

f. 16mm translucent multiwall polycarbonate for the roof and 5mm transparent solid polycarbonate for vertical/wall glazing

g. Top of center structure ~40 feet in height

h. Dome shaped structure

i. Must be center opening towards both ends

j. The structure will use a surface mount track system with a motorized operation motorized openers, with the clutch disengage option for manual sliding

k. Manual sliding windows with screens

l. Emergency exit and ADA accessible doors with panic hardware

Pool area dimensions: Provided in attached document “Pool Dimensions” Desired structure dimensions: provided in attached document “2023 50m pool with retractable dome footprint .

Professional Assembly and Delivery to Site will be included in the total price of the bid.

1.02 RECEIPT OF BIDS:

SEALED BIDS will be received at the Business Office, Room 50, ATTN: Mejdi Mahjoub, Purchasing Agent, Mt. Hood Community College, 26000 SE Stark Street, Gresham, Oregon 97030. All accepted Bids shall be time stamped no later than 2:00 pm on January 4th , 2024 (“Bid Closing Date”). Late Bids shall be rejected. It is the sole responsibility of the Bidder to assure that bids are delivered as indicated above, prior to the closing date and time. Bidders that mail or ship proposals are strongly cautioned that MHCC accepts no responsibility for assuring any delivery is date and time stamped unless such delivery is made directly to the Business Office.

1.03 CRITICAL ITB DATES AND TIMES:

A. OPTIONAL PRE-BID MEETING AND SITE VISIT.

The optional pre-bid meeting will be held at the time, place and date shown on the cover of this document. Any Bidder requiring clarification of terms or conditions of the ITB, drawings, specifications, or Contract Documents shall make a request for clarification in writing, to the ITB Contact listed on the cover page of this document.

B. BID FORM

Bid Form shall be due no later than 2:00 PM on Bid Closing Date. Failure to submit complete Bid by this due date and time may result in Bid rejection.

C. FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

This form is due no later than 4:00 PM on the Bid Closing Date. Failure to submit First-Tier Subcontractor forms by this due date and time may result in Bid rejection.

1.04 BID REQUIREMENTS:

A. FIRST-TIER SUBCONTRACTOR DISCLOSURE

As per ORS 279C.370 First-tier subcontractor disclosure, Bidder shall submit to MHCC a disclosure of the first-tier subcontractors that:

1. Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement contract; and

2. Will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid.

Bidder must submit this documentation in accordance with Section 3 - 1.02 - I.

B. BID SECURITY

A Bid Security in the form of a Bid bond as per Section 7 - Form of Bid Bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, certified check, or cashier’s check for ten percent (10%) of the amount of the submitted Bid, payable to Mt. Hood Community College shall accompany each Bid exceeding $100,000, as per Section 3, 1.02, C.

C. OREGON CONSTRUCTION CONTRACTORS BOARD

Bidders are required by ORS 701.021 to be licensed with the State of Oregon Construction Contractors Board.

D. FINGERPRINTING AND CRIMINAL BACKGROUND CHECK REQUIREMENTS

MHCC reserves the right to require every Contractor and subcontractor employee to pass a fingerprinting and background check. Contractor shall cause its employees and/or subcontractors, if any, to authorize MHCC to conduct these background checks.

Contractor shall pay all fees assessed by MHCC for processing the background check. The processing fee is a minimum of $23 per person at time of this ITB publication; Contractor will pay the actual cost of fees assessed at time fingerprinting and background check is performed.

E. BIDDER’S QUALIFICATION

Bidder shall submit to MHCC a Bidder’s Responsibility Information Form as per Section 6 Bidder’s Qualifications. MHCC reserves the right to verify information provided on this form in determining the Bidder’s qualifications to perform the Work.

F. REFERENCES

In accordance with MHCC contracting and purchasing rules and ORS 279C.375, MHCC reserves the right to investigate references other than those listed in Bidder’s submission. Investigation may include, without limitation, past performance of any Bidder with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers.

1.05 CONTRACT REQUIREMENTS

A. PREVAILING WAGES

The contract is for a public work and shall be subject to the prevailing wage requirements of ORS 279C.800 to ORS 279C.870. The successful Bidder and its subcontractors shall pay the applicable prevailing wages to their workers as required by ORS 279C.840, and as listed in the most current BOLI prevailing wage rate publication, (Prevailing Wage Rates for Public Works Contracts in Oregon) as of the issue date of this ITB.

The complete publication may be found online at the BOLI website listed below:

(www.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml ) and is hereby incorporated by reference.

B. PUBLIC WORKS BOND

Before starting Work the successful bidder shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836, unless otherwise exempt under those provisions. The successful bidder shall also include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the subcontractor has filed a public works bond before permitting the subcontractor to start Work.

C. CONTRACT, BONDS AND INSURANCE

Successful Bidder will be required to enter into an agreement with MHCC as per Section 10 Agreement Form and obtain and maintain insurance and bonding as per Section 11 Performance Bond, Section 12 Labor and Materials Payment Bond, and Section Agreement Form. Successful Bidder shall obtain payment bond and performance bond issued by a surety which is authorized to transact surety business in the State of Oregon and which has an A.M. Best “A” or better rating.

1.06 AVAILABILITY OF ITB DOCUMENTS

This ITB, including all Addenda to the ITB, are posted on Oregon Buys and will not be mailed to prospective bidders. Bidders should consult the ORPIN System regularly until Bid Closing to avoid missing any Addenda.

1.07 ITB/PROJECT CONTACT

All questions, requests for clarification and specification protests must be addressed to the ITB contact shown on the cover page of this document.

http://www.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml

SECTION 3 INSTRUCTIONS TO BIDDERS

1.01 CLARIFICATION OR PROTEST TO SPECIFICATIONS

Any Bidder requiring clarification of the information or protesting any provision or specification in these ITB documents, must submit specific questions/protests or comments only in writing. All questions shall be submitted to the contact shown on the cover page of this document.

A. SPECIFICATION PROTEST CONTENTS.

A specification protest must contain a written detailed statement of the legal and/or factual ground for the request or protest, a description of the resulting prejudice to the prospective Bidder, and a statement of the relief or change requested.

B. DEADLINE FOR SUBMITTING QUESTIONS OR SPECIFICATION PROTESTS

The deadline for submitting such questions/protests is seven (7) calendar days prior to the Bid Closing Date and Time. If MHCC determines that any additions, deletions, clarification or interpretation is necessary, such information or interpretation will be supplied in Addenda posted to the ORPIN website at http://orpin.oregon.gov and thereby made available to all interested parties. All such Addenda shall have the same binding effect as though contained in the ITB Document. Such addenda shall be issued not less than three (3) calendar days prior to the Bid Closing Date. Statements made by MHCC’s representatives are not binding on MHCC unless confirmed by written Addendum.

Failure to protest a specification or request a clarification as provided in this section precludes appeal or protest of a decision to award based upon such specification or ambiguity.

1.02 BID SUBMITTAL

A. BID FORMS:

Bids shall be submitted on unaltered Bid Forms furnished by MHCC, or on exact duplicates thereof. Bids shall be made in accordance with all instructions, requirements and specifications to be considered. All blanks on Bid Forms shall be either typewritten or printed in ink. Alterations and erasures shall be initialed by the signatory of the Bid.

B. STATE CCB REGISTRATION REQUIREMENTS:

Bidders are required by ORS 701.021 to be registered with the State of Oregon Construction Contractors Board in order to bid on this project. Bidders must insert Bidder's current, valid registration number and expiration date thereof in spaces provided in the Bid Form. Landscaping contractors and subcontractors shall be licensed respectively, by the State Landscape Contractors Board, as required by ORS 671.530 and the Construction Contractors Board, as required by ORS 701.026.

C. BID SECURITY: BIDS SHALL BE ACCOMPANIED BY BID SECURITY

Bid Security shall be in the form of a surety bond, or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, or a cashier's check, or a certified check, payable to MT. HOOD COMMUNITY COLLEGE, in an amount of not less than 10% of the total bid.

Bid Security of the successful Bidder will be returned or released when the Bidder's formal written Contract, Performance Bond, Payment Bond, and Certificates of Insurance have been properly executed, delivered to and accepted by MHCC. If the successful bidder fails to (1) execute the Contract, (2) furnish a Performance Bond and a Payment Bond, or (3) furnish certificates of http://orpin.oregon.gov/ insurance within seven (7) calendar days of the written notification of intent to award a Contract, then MHCC may cash the check, draw under the letter of credit or otherwise collect under the Bid Security.

MHCC reserves the right to retain the Bid Security of the next two (2) lowest Bidders until the successful Bidder enters into a Contract or until no more than 60 days after Bid opening, whichever is shorter. Bid Security of all other Bidders will be returned as soon as practicable after Bid opening.

D. SEALED BIDS:

SEALED BIDS will be received at the Business Office, Attn: Mejdi Mahjoub, Purchasing Agent, Mt.

Hood Community College, 26000 SE Stark Street, Gresham, Oregon, 97030. All Bids shall be time stamped no later than the Bid Closing Date and time indicated in Section 2.

Bids must be submitted in a sealed envelope appropriately marked with the Bid Title, Bid Number, and the name and address of the Bidder.

It is the sole responsibility of the Bidder to assure that the Bid is delivered and time stamped at the Business Office by the deadline specified. All late Bids shall be rejected.

E. MODIFICATION OR WITHDRAWAL OF BID

After submittal, Bids may be modified or withdrawn on written request received from Bidders prior to the Bid Closing Date and Time. Modifications shall be sealed and submitted in same manner as the bid.

Bids may not be modified or withdrawn after closing except as provided in MHCC’s Contracting and Procurement Rules.

F. DURATION OF BIDS

Each Bid shall be irrevocable for a period of sixty (60) days from the date of Bid. Award of a Contract to any Bidder shall not constitute rejection of any other Bid.

G. REQUIRED SIGNATURES

Bids shall be signed with ink or indelible pencil, with name typed or printed in the space provided.

Where Bidder is a corporation, Bids must be signed with the legal name of the corporation followed by the name of the State of incorporation and the legal signature of an officer authorized to bind the corporation to a contract. Electronic signatures not accepted.

H. LIST OF FIRST-TIER SUBCONTRACTORS

In accordance with ORS 279C.370, Bidders are required to complete and submit the First-Tier Subcontractor Disclosure form, provided in Section 9, within two (2) hours of the Bid Closing Date and time.

I. ACCEPTANCE OF CONDITIONS/SITE VISITATION

The Bidder, by making a Bid, represents that:

1. The Bidder has read and understands the Bid Documents and the Bid is made in accordance therewith.

2. The Bidder has visited the site, become familiar with the local conditions under which the Work is to be performed, and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents.

3. The Bid is based upon the materials, equipment, systems, required by the Bid Documents without exceptions.

J. RESERVATIONS

1. MHCC reserves the following rights:

• To reject all bids.

• To reject any bid not in compliance with all prescribed public bidding procedures and requirements and to reject for good cause any or all bids upon a finding that it is in the public interest to do so.

• To reject bids which it determines to be non-responsive.

• To reject bids upon MHCC’s finding that the Bidder:

o Has been declared ineligible under ORS 279C.860 by the Commissioner of the Oregon Bureau of Labor and Industries;

o Is listed as not qualified by the Oregon Construction Contractors Board; or o Is not responsible.

• To waive any irregularities in bids submitted.

• In the event two or more Bidders quote identical amounts for the same Work, to award the contract by drawing lots between such Bidders or by such other means as it deems appropriate.

• To negotiate the final price (depending on the amount of funds available).

K. ASBESTOS ABATEMENT

Work to be performed under the contract shall not require the bidder or any subcontractors to be licensed for asbestos abatement work under ORS 468A.720.

1.03 APPEALS & PROTEST OF AWARD

A. The following procedure applies to adversely affected Bidders who wish to appeal a disqualification of Bid or award of contract(s). An “adversely affected Bidder” is a Bidder whose Bid is disqualified or a Bidder who is eligible and is next in line for award of the contract but for the alleged violation or defect. Appeals by Bidders who are not adversely affected will be rejected.

B. All appeals must be in writing and physically received by the Purchasing Agent no later than 10:00 am PDT on the seventh (7th) calendar day after the postmarked Notice of Intent to Award or disqualification.

Address appeal to:

APPEAL OF AWARD TO ITB NO. 12112023

Attn: Mejdi Mahjoub, Purchasing Agent

Mt. Hood Community College

Portland, OR 97030

C. Appeals must specify the grounds for the appeal including the specific citation of law, rule, regulation, or procedure upon which the protest is based.

D. Appeals not filed within the time specified in paragraph B. above, or which fail to cite the specific law, rule, regulation, or procedure upon which the appeal is based shall be dismissed.

1.04 CONTRACT, BONDS AND INSURANCE

A. CONTRACTOR CONTRACT EXECUTION

Within seven (7) calendar days after receipt of Notice of Award, the successful Bidder shall be prepared to execute the Contract provided by MHCC, a sample of which is included in Section 10 of this document. At the same time, the successful Bidder shall furnish a Performance Bond, a Payment Bond, and required Certificates of Insurance. The Performance Bond and the Payment Bond shall each be in the form prescribed by MHCC, and with a surety satisfactory to MHCC, in an amount equal to the full Contract Sum for the faithful performance of the Contract and all provisions thereof.

B. MHCC CONTRACT EXECUTION

After receipt and acceptance of the properly executed Contract, Performance Bond, Payment Bond, and Certificates of Insurance, MHCC will execute the Contract, officially date the Contract and issue a Notice to Proceed. No work shall be performed until the Contract is fully executed and a written Notice to Proceed is issued.

C. FAILURE TO EXECUTE CONTRACT, PROVIDE CERTIFICATES OF INSURANCE AND/OR FURNISH

PERFORMANCE AND PAYMENT BONDS

A successful Bidder who fails to execute the Contract or furnish the Performance Bond, Payment Bond and Certificates of Insurance in the time and manner indicated herein shall forfeit its Bid Security, up to the full amount of the Bid Security. MHCC shall be entitled to payment for damages and expenses, including attorney’s fees, incurred to enforce MHCC’s rights under this paragraph.

D. PUBLIC WORKS BOND:

Before starting Work the successful Bidder shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by ORS 279C.836, unless otherwise exempt under those provisions. The successful Bidder shall also include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the subcontractor has filed a public works bond before permitting the subcontractor to start Work.

A disadvantaged, minority, women or emerging small business enterprise certified under ORS

200.055 may, for up to four years after certification, elect not to file a public works bond as required under section 279C.836 (1). If a business enterprise elects not to file a public works bond, the business enterprise shall give the Construction Contractors Board written verification of the certification and written notice that the business enterprise elects not to file the bond.

Questions regarding payment of prevailing wages may be directed to BOLI at the BOLI website (www.oregon.gov/BOLI) or at the following address:

Bureau of Labor and Industries Wage and Hour Division

Prevailing Wage Unit 1800 SW 1st Ave # 500

Portland, Oregon 97201

1.05 COMPLIANCE WITH LAW

The successful Bidder shall be required to comply with MHCC’s standard construction contract provisions as provided in Section 10. In addition, Contractor shall comply with and require its subcontractors to comply with all applicable provisions of federal, state and local laws, statutes, ordinances, codes, orders, rules and regulations which pertain to the work specified in this ITB.

SECTION 4 - PERMIT INFORMATION

1.01 PERMITS

Mt. Hood Community College shall be responsible for signing for and obtaining the required permits.

http://www.oregon.gov/BOLI

SECTION 5 - BID FORM

MT. HOOD COMMUNITY COLLEGE

INVITATION TO BID NO. 12112023

The undersigned hereby certifies that Bidder:

1. Has the authority and/or responsibility to submit a Bid and to represent the organization in all phases of this Bid process.

2. The information is true and accurate to the best of their knowledge.

3. Shall furnish, in strict compliance with the Bid and Contract Documents for above Project, all labor, materials, equipment, apparatus, appliances, tools, transportation, and other facilities and services necessary to perform the Work described therein, and to perform said Work in strict compliance therewith, for the amounts set forth in this Bid.

4. Is a Resident Bidder, Non-Resident Bidder, as defined in ORS 279A.120

A “non-resident bidder” is a bidder who has neither paid unemployment taxes nor income taxes in the State of Oregon during the 12 calendar months immediately preceding submission of this Bid, nor has a business address in the State of Oregon.

In determining the lowest responsive Bidder for this Work, a percentage will be added to the Bid of a non -resident Bidder equal to the percentage, if any, of the preference given to that Bidder in the state in which the Bidder resides.

This percentage will not be added to the Contract Sum appearing in the contract to be awarded as a result of this

ITB.

5. Understands any false statement may disqualify this Bid from further consideration or be cause for contract termination.

6. Has read, understands and agrees to be bound by all terms and conditions herein.

7. Understands by submitting this Bid, the undersigned certifies conformance to the applicable Federal Acts, Executive Orders and Oregon Statutes and Regulations concerning Affirmative Action toward equal employment opportunities. All information and reports required by the Federal or Oregon State Governments, having responsibility for the enforcement of such laws, shall be supplied to MHCC upon request for purposes of investigation to ascertain compliance with such acts, regulations, and orders.

8. Acknowledges Receipt of Addenda No's. _____________ Through __________________ inclusive.

Please check the applicable box regarding bid security:

Bid Security in form of cashier's check , certified check , bid bond as per Section 7 - Form of Bid Bond , irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (check applicable clause) in the amount of ten percent (10%) of the Base Bid payable to MHCC is enclosed.

Bid Price is for $100,000 or less; therefore, Bid Security is not required.

BID FORM FAILURE TO COMPLETE, SIGN AND SUBMIT THIS FORM MAY BE CAUSE FOR BID REJECTION. ELECTRONIC COPIES NOT ACCEPTED

The winning bidder shall offer the lowest combined bid of the “Base” plus Alternate Bid 1, and Alternate Bid 2.

BID FEE (must include all costs, expenses, transportation, installation, overhead, and profit)

$__________________________________________________ Please specify the warranty included in this price

BASE BID FEE (expressed numerically in dollars and cents)

You may any sample/picture of the Retractable Dome and material that will be used for this project.

Pictures of similar projects are highly recommended.

COMPANY NAME :____________________________________________________________________

REPRESENTATIONS AND CERTIFICATIONS

Bidder shall submit Bidder’s Responsibility Information Form as per section 6 - Bidder’s Qualifications along with the Bid Forms and any other required bid submittals.

BIDDERS EMPLOYERS FEDERAL TAX IDENTIFICATION NUMBER (EIN) ____________________

OR

SOCIAL SECURITY IDENTIFICATION NUMBER________________________________________

BIDDER'S OREGON CONSTRUCTION CONTRACTORS BOARD

LICENSE NUMBER _________________

EXPIRATION DATE __________________

The undersigned hereby certifies under penalty of perjury that to the best of my knowledge the Bidder does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation, or national origin. Nor has Bidder or will Bidder discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is:

• A minority-owned, women-owned, or emerging small business enterprise certified under ORS 200.055, or

• A business enterprise that is owned or controlled by or that employs a disabled veteran, as defined in ORS 408.225.

The undersigned hereby certifies under penalty of perjury that to the best of my knowledge the Bid was prepared independently from all other Bidders, and without collusion, fraud, or other dishonesty.

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.

The undersigned hereby certifies that Bidder has the authority and/or responsibility to submit a Bid and to represent the organization in all phases of this Bid process.

Date

Signature Name__________________________________ (Please Print) Company Name

Street Address

City ____________________ State___ Zip

Phone __________________ FAX _______________________E-Mail _________________________________

Contact Name (if different)

Mailing Address

City ____________________ State___ Zip

Phone __________________ FAX _______________________E-Mail _________________________________

FAILURE TO COMPLETE, SIGN AND SUBMIT THIS FORM MAY BE CAUSE FOR BID REJECTION. ELECTRONIC SIGNATURES NOT ACCEPTED.

SECTION 6 - BIDDER’S QUALIFICATIONS

1.01 Bidders shall submit a completed Bidder’s Responsibility Information Form along with their Bid. The Bidder’s

Responsibility Information Form will be used to evaluate the qualifications of any Bidder whose Bid is under consideration for award of Contract.

Prior to award and execution of a Contract, MHCC will evaluate whether the apparent successful Bidder meets the applicable standards of responsibility identified in ORS 279C.375 and OAR 137-049-0390. See also OAR 137- 049-0440(1)(c)(H). In doing so, MHCC may investigate Bidder and request information in addition to that already required in this document, when MHCC, in its sole discretion, considers it necessary or advisable. Submission of a signed bid shall constitute approval for MHCC to obtain any information that MHCC deems necessary to conduct the evaluation.

Bids will be evaluated to identify the lowest responsive Bid submitted by a responsible Bidder and not otherwise disqualified.

MHCC may postpone the award of the Contract after announcement of the apparent successful Bidder in order to complete its investigation and evaluation. Failure of the apparent successful Bidder to demonstrate responsibility shall render the Bidder non-responsible and shall constitute grounds for Bid rejection, as required under OAR 137-049-0390.

Any Bidder who fails to submit a completed form will be deemed to be nonresponsive and will not be considered for Award of Contract.

If a Bidder is found not to be responsible, documentation of the reasoning will be sent to the Oregon Construction Contractor’s Board (CCB). Such documentation will be based upon the criteria set forth in ORS 279C.375(3).

1.02 Bidder’s Responsibility Information Form is attached.

1.03 BIDDER’S RESPONSIBILITY INFORMATION FORM

FAILURE TO COMPLETE, SIGN AND SUBMIT THIS FORM MAY BE CAUSE FOR BID REJECTION.

Bidder must have been in business for a minimum of ten (10) years under its current license. If Bidder’s business has been in continuous existence for a minimum of ten (10) years under a current active license and a previous license number, then the prior-licensed business must also meet applicable standards of responsibility identified in ORS 279C.375 and the MHCC’s contracting and purchasing rules. Use separate sheet(s) if additional space is needed for any item.

1. EXPERIENCE: List and briefly describe a minimum of five (5) projects similar in type, size, and scope performed by Bidder in the past ten (10) years that best characterize Bidder’s capabilities. Include relevant data such as the type of work involved and project dates. Describe how Bidder meets this experience requirement:

2. LAWSUITS/JUDGMENTS: Within the past 10 years, has Bidder had any lawsuits filed against it involving contract disputes? For the purposes of this request, "lawsuits" include requests for arbitration and "judgments" includes arbitration awards. YES / NO If “YES” indicate dates and ultimate resolution of suit (with regard to judgments, include jurisdiction and date of final judgment or dismissal.)

3. BANKRUPTCY: Within the past 36 months, has Bidder filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted again it? YES / NO If “YES” supply filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

4. LAWSUITS BY CREDITORS: Within the past 24 months, has Bidder had any lawsuits filed against it by creditors? YES / NO If “YES” indicate dates and ultimate resolution of suit (with regard to judgments include jurisdiction and date of final judgment or dismissal).

5. CONSTRUCTION CONTRACTORS BOARD LICENSING: Is Bidder licensed with the State of Oregon Construction Contractors Board at the time Bidder submits a bid for the Work under this ITB? YES / NO If “YES” indicate Construction Contractors Board license number and expiration date.

6. ABILITY TO PERFORM WITHIN TIME SPECIFIED

a. List the project titles, original contract term dates and any contract date extensions for three specific projects in the past three (3) years on which Bidder achieved substantial completion within no more than 105% of the final contracted time for completion, including change ordered adjustments / contract date extensions. For each of these three projects, indicate the date on which Bidder achieved substantial completion.

b. If the Bidder cannot document three such projects, as indicated above, the Bidder may alternatively: List the project titles, original contract term dates, and any contract date extensions for three specific projects in the past three (3) years. If Bidder did not achieve substantial completion within 105% of the final contract time on one or more of these contracts, as amended by any change ordered adjustments / contract date extensions, Bidder should indicate the date on which Bidder achieved substantial completion and include an explanation as to why the contract term was exceeded and why this was out of the Bidder's control.

7. DEBARMENT: Has Bidder been debarred by any public agency within the past two (2) years?

YES / NO If “YES” identify the public agencies.

8. NON-COMPLETION: Has Bidder failed to complete a contract in the last ten (10) years? YES / NO If “YES” identify the project(s).

9. COMPLETION BY SURETY: Has Bidder ever defaulted on a contract forcing a surety to suffer a loss? YES / NO If “YES” identify the project(s).

10. SUSPENSION, DISMISSAL, DEFAULT: Has Bidder been suspended, dismissed or declared in default from a project during the last five (5) years? YES / NO If “YES” identify the project(s) and the type of action taken against Bidder.

11. BONDABILITY REQUIREMENT: For the project described under this ITB, Bidder shall obtain payment bond and performance bond issued by a surety which is authorized to transact surety business in the State of Oregon and which has an A.M. Best “A” or better rating. YES / NO If “YES” identify name of surety, contact name, address, phone number, and email address.

12. LIENS AND SURETY CLAIMS: Have there been any liens or surety claims against your company on any contracts which have been performed or are in the course of being performed by your company?

YES / NO If “YES” identify the project and explain the nature of the claims.

13. REVOKED LICENSE: Has your company or any key person in your company, had a license revoked by the Construction Contractors Board? YES / NO If “YES” explain the underlying reason for the revocation of the license.

14. CRIMINAL OFFENSE: Has your company or any key person in your company been convicted of a crime involving fraud, material misrepresentation or any crime involving the awarding of a contract for a government construction project or the bidding or performance of a government contract? YES / NO

15. DEMAND ON PERFORMANCE BOND: In the last five years, has an owner ever made a demand on your performance bond? YES / NO

16. TERMINATION OF BONDING/INSURANCE COVERAGE: In the last ten (10) years, has a surety or insurance company terminated existing bonding and/or insurance coverage due to excessive claims history and/or nonpayment of premiums? YES / NO

17. CITATIONS OR ENFORCEMENT ACTIONS: Within the last ten years, has the Bidder been cited or subject to any enforcement action for violation of any applicable law or regulations related to its performance of a prior construction contract? For the purposes of this section, "applicable law or regulations" includes without limitation any building, zoning, environmental, site development, or Oregon Public Contracting Code regulations with which a prior project was require to comply, including non-discrimination regulations and prevailing wage requirements. YES / NO If so, please state the date, nature, and final resolution of every such citation or enforcement action.

Formatted: Font: (Default) Calibri, 10 pt

BIDDER REFERENCES FOR COMPARABLE PROJECTS IN SIZE AND SCOPE

Bidder shall provide a list of three (3) different project references with their Bid that can be contacted regarding the quality of workmanship and service that the Bidder provided on projects of comparable size and scope within the past 5 years. Bidder must provide all information requested below and may use either the form provided in this section or their own form. PLEASE NOTE: If a different form is used, it must still include ALL information required below, including a project description.

Project Reference #1

Name and Dates of Project: _________________________________________________________________________

Project Location: __________________________________________________________________________________

Project Description:

Contact Person #1 Name:

Contact Person #1 Firm Name:

Contact Person #1 Phone: ___________________________ Fax:

Contact Person #2 Name: ___________________________________________________________________________

Contact Person #2 Firm Name:

Contact Person #2 Phone: ________ Fax:

Project Reference #2

Name and Dates of Project: ___________________________________________________

Project Location: ______________________________________________________________

Contact Person #1 Phone: ________ Fax:

Contact Person #2 Name: ________________________________

Project Reference #3

Name and Dates of Project: ___________________________________________________

Project Location: ______________________________________________________________

Contact Person #1 Phone: ________ Fax:

Contact Person #2 Name: ________________________________

Failure to submit the above-required information to the satisfaction of MHCC may render the bid non-responsive.

SECTION 7 - FORM OF BID BOND

We, as “Principal,” and

(Name of Principal) (Name of Surety) an Corporation, authorized to transact Surety business in Oregon, as “Surety,” hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto Mt. Hood Community College, 26000 SE Stark Street, Gresham, Oregon 97030 (“Obligee”) the sum of

($ ) dollars.

WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or Bid to the Obligee in response to Obligee’s procurement document (No ITB 12112023 ) for the project identified as:

which proposal or Bid is made a part of this bond by reference, and Principal is required to furnish Bid security in an amount equal to ten (10%) percent of the total amount of the Bid pursuant to ORS 279C.365(5) and the procurement document.

NOW, THEREFORE, if the proposal or Bid submitted by Principal is accepted, and if a contract pursuant to the proposal or Bid is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the procurement document and executes and delivers to Obligee its good and sufficient performance bond and payment bond required by Obligee within the time fixed by Obligee, then this obligation shall be void; otherwise, it shall remain in full force and effect.

IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of 20

PRINCIPAL:

BY ATTORNEY-IN-FACT:

Power-of-Attorney must accompany each surety bond]

By

Signature Name

Official Capacity Signature

Attest:

Corporation Secretary Address

SURETY:

City State Zip

Phone Fax

SECTION 8 - SUBSTITUTION REQUESTS (PRE-BID)

1.01 SUBSTITUTION REQUESTS

A. During Bidding, MHCC will consider written Substitution Requests received at least ten (10) days prior to bid date. Requests received after that time will not be considered.

B. Submit requests in triplicate on a copy of the attached Substitution Request Form with a self-addressed and stamped envelope.

C. Prepare separate requests for each product. Combined requests will be rejected.

D. In making Substitution Request, Bidder/Contractor represents:

1. They have personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified.

2. They will provide the same guarantee for substitution as for product or method specified.

3. They will coordinate installation of accepted substitution into Work, making such changes as may be required for Work to be completed in all respects.

4. They waive all claims for additional costs related to substitutions which consequently become apparent.

E. All accepted substitutions will be confirmed by inclusion in an addendum. Items not appearing in such an addendum shall be deemed REJECTED.

1.04 SUBSTITUTION REQUEST FORM

A. The Substitution Request Form is attached.

SUBSTITUTION REQUEST FORM

TO:

SOLICITATION NUMBER: ITB 12112023

PROJECT NAME: Retractable Pool Dome

SPECIFIED ITEM/PRODUCT:

Page No. Item/Product No. Description

PROPOSED SUBSTITUTION: Attached data includes manufacturer’s product description, specifications, drawings, photographs, performance and test data, and include one (1) sample adequate for evaluation of the request including identification of applicable data portions.

Attached data also includes the description of changes to Contract Documents and the requirements of the proposed substitution for proper installation.

The undersigned certifies the following items, unless modified by attachments, are correct:

1. Proposed substitution does not affect dimensions shown (only if supplied with bid documents).

2. Undersigned pays for changes to building/equipment design, including engineering design, detailing, and proposed substitution has no adverse effect on other trades, construction schedule, or specified warranty requirements.

3. Maintenance and service parts are available locally or are readily obtainable for the proposed substitution.

Undersigned further certifies function, appearance, and quality of proposed substitution are equivalent or superior to specified item.

Undersigned agrees, if this page is reproduced, terms and conditions for substitutions found in Bidding Documents apply to this proposed substitution.

Request Submitted by:

Name (Printed or typed) For use by MHCC staff:

Signature Approved Approved as noted

Vendor Name Not Approved Received too late

Street Address

City, State, Zip

Date

Date

Remarks:

Telephone Number

Email

Fax Number

SECTION 9 - FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME: RETRACTABLE POOL DOME

ITB #: 12112023 BID CLOSING DATE: January 4th, 2024 TIME: 2:00 pm PDT

This form must be submitted at the location specified in the Invitation to Bid on the advertised Bid Closing Date and within two working hours after the advertised Bid Closing Time (“Disclosure Deadline”). List below the Name, Address, Dollar Value, Construction Contractor Board (CCB) number if required, Contact Name and Telephone Number of each subcontractor that will be furnishing labor or will be furnishing labor and materials that are required to be disclosed and the category of work that the subcontractor will be performing. Enter "None" if there are no subcontractors that need to be disclosed.

(IF NEEDED, ATTACH ADDITIONAL SHEETS).

NAME/ADDRESS DOLLAR VALUE/CCB# CONTRACT NAME;/PHONE # CATERGORY OF WORK

1. $

CCB #

2. $

CCB #

3. $

CCB #

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

a. 5% of the total Contract Price, but at least $15,000 (including all alternates). If the Dollar Value is less than 15,000.00, do not list the subcontractor above: or

b. $350,000.00 regardless of the percentage of the total Contract Price.

FAILURE TO SUBMIT THIS FORM BY THE DISCLOSURE DEADLINE WILL RESULT IN A NON-RESPONSIVE BID AND SUCH NON-

RESPONSIVE BID WILL NOT BE CONSIDERED FOR AWARD.

Bids which are submitted by Bid 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.

Form submitted by (Bidder Name):

Contact Name: Phone #: ______________________________

Deliver Form to Agency: Mt. Hood Community College, Business Office

Person Designated to Receive form: Mejdi Mahjoub, Purchasing agent, Phone #: (503) 491-6085

Address: 26000 SE Stark Street, Gresham, OR 97030

UNLESS OTHERWISE STATED IN THE ORIGINAL SOLICITATION, THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS, WITH THE BID NUMBER AND PROJECT NAME CLEARLY MARKED, AT THE LOCATION INDICATED BY THE SPECIFIED DISCLOSURE DEADLINE. SEE INSTRUCTIONS TO BIDDERS.

http://faxed.it/

SECTION 10 - AGREEMENT FORM

1.01 FORM OF AGREEMENT

A. The Agreement between the MHCC and the Contractor for the Work of this Project, will be executed on the Mt. Hood Community College, SMALL CONSTRUCTION CONTRACT.

B. A sample copy of the Contract is attached as Attachment A.

SECTION 11 - FORM OF PERFORMANCE BOND

Mt. Hood Community College

Bond # Bond Value: $

Parties:

Principal:

Name

Address

Phone Surety:

Obligee: Mt. Hood Community College

Solicitation:

(503) 491-6085

ITB 12112023

Agreement: Principal has entered into a contract (“Contract”) with Obligee for the following Project:

We, as Principal, and the above identified Surety, authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the Obligee the sum of (Total

Penal Sum of Bond) and

WHEREAS, the Principal has entered into a contract with the Obligee, the plans, specifications, terms and conditions of which are contained in the above-referenced Solicitation;

WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Performance Bond by reference, whether or not attached to the contract (all hereafter called “Contract”); and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance, notice of any such modifications hereby being waived by the Surety:

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to be performed under the Contract, including without limitation warranty and maintenance work required under the Contract, upon the terms set forth therein, and within the time prescribed therein, or as extended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the Obligee, its officers, employees and agents, against any direct or indirect damages or claim of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Principal or its subcontractors, and shall in all respects perform said contract according to law, then this obligation is to be void; otherwise, it shall remain in full force and effect.

Nonpayment of the bond premium will not invalidate this bond nor shall the Obligee be obligated for the payment of any premiums.

This bond is given and received under authority of ORS Chapter 279C, the provisions of which hereby are incorporated into this bond and made a part hereof.

IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL

REPRESENTATIVES.

Dated this day of 20

PRINCIPAL: BY ATTORNEY-IN-FACT:

Power-of-Attorney must accompany each surety bond] By

Signature Name

Official Capacity Signature Attest:

Corporation Secretary Address

SECTION 12 FORM OF LABOR AND MATERIAL PAYMENT BOND

Mt. Hood Community College

Bond # Bond Value: $

Parties:

Principal:

Surety:

Obligee: Mt. Hood Community College

Solicitation:

(503) 491-6084

ITB 12112023

Agreement: Principal has entered into a contract (“Contract”) with Obligee for the following Project:

Retractable Poll Dome

We, as Principal, and the above identified Surety, authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns firmly by these presents to pay unto the Obligee the sum of (Total Penal Sum of Bond)

, and

WHEREAS, the Principal has entered into a contract with the Obligee, the plans, specifications, terms and conditions of which are contained in above-referenced Solicitation;

WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment Bond by reference, whether or not attached to the contract (all hereafter called “Contract”); and

WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans and specifications, and schedule of contract prices which are set forth in the Contract and any attachments, and all authorized modifications of the Contract which increase the amount of the work, or the cost of the Contract, or constitute authorized extensions of time for performance of the Contract, notice of any such modifications hereby being waived by the Surety:

NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the…