MCDD PS 4 Trash Rake Installation ITB.pdf

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Attached to
PUMP STATION #4 TRASH RAKE REPLACEMENT PROJECT
Solicitation number
S-C26014-00005371
Issued by
Multnomah County, Oregon

About this file

This document is an Invitation to Bid (ITB) issued by Multnomah County Drainage District No. 1 (the District) for the Pump Station #4 Trash Rake Replacement Project. The work includes demolition of an existing mechanical raking system, installation of new District-supplied mechanical trash rakes and associated hydraulic and electrical appurtenances, and replacement of the existing pump bay access hatches at the District's Pump Station #4. The estimated project value is $265,000. The bid is due on May 10, 2023 at 1:00 PM Pacific Time, with a bid opening to be held immediately thereafter. Two optional project site visits are scheduled for April 25 and 27, 2023. The anticipated project start date is June 5, 2023 and the anticipated substantial completion date is October 10, 2023.

Bids must be submitted electronically as a single PDF file. Bidders are required to be registered with the Oregon Construction Contractors Board and comply with all applicable BOLI and CCB requirements. The Contract will be awarded to the lowest responsive and responsible bidder. Pricing terms include unit prices and a lump sum, with the District reserving the right to reject unbalanced bids. The project is funded by the District and subject to Oregon prevailing wage requirements.

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MULTNOMAH COUNTY DRAINAGE

DISTRICT NO. 1

INVITATION TO BID

FOR

Pump Station #4 Trash Rake Replacement Project

ITB # S-C26014-00005371

(Project Number 85037)

Bid Issued: April 11, 2023

Bid Due Date: May 10, 2023 1:00 PM

Bid Opening: May 10, 2023 1:00 PM

For further information regarding this project contact:

James Kanoff, Procurement and Contract Analyst Email: jkanoff@mcdd.org

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the District Purchasing Office, and the contact person is the Procurement and Contract Analyst listed above, unless otherwise stated. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Procurement and Contract Analyst. The District’s official response to any questions or requests will be in writing through direct Emails or the Addendum process.

BID DOCUMENTS

Section 00100 Legal Advertisement/Notice of Invitation to Bid Section 00200 Instructions to Bidders Section 00400 Bid Form Section 00430a Bid Security Bond Form Section 00430b First-Tier Subcontractor Disclosure Form Section 00430c Drug Testing Program for Public Improvement Contracts Section 00450 Minimum Contractor Requirements Section 00610 Performance and Payment Bond Section 00720 General Conditions Section 00800 Supplemental Conditions Section 00930 Change Order Processing Procedure and Form

CONTRACT AND BONDS

Section 01000 Sample Construction Contract To Follow Warranty Bond

TECHNICAL SPECIFICATIONS

DIVISION 01 General Requirements DIVISION 02 Existing Conditions DIVISION 03 Concrete DIVISION 05 Metals DIVISION 07 Thermal and Moisture Protection DIVISION 09 Finishes DIVISION 26 Electrical DIVISION 40 Process Integration DIVISION 46 Water and Wastewater Equipment

DRAWINGS Bound Separately

SUPPLEMENTAL INFORMATION

Trash Rake Equipment Shop Drawings Bound Separately

Multnomah County Drainage District No. 1 Purchasing Office 1880 NE Elrod Drive Portland, Oregon 97211

Section 00100 Invitation to Bid No.: S-C26014-00005371

Pump Station #4 Trash Rake Replacement Project

Multnomah County Drainage District No. 1 (“District” or “MCDD”) requests Bids for the above referenced project. Work under the Contract consists of:

Demolition of an existing mechanical raking system; installation of new District supplied mechanical trash rakes and associated hydraulic and electrical appurtenances; and replacement of the existing pump bay access hatches at the District’s Pump Station #4.

Engineers Estimate for this project is $265,000.

Two optional Project Site Visits will be scheduled by appointment on Tuesday April 25 and Thursday, April 27, 2023, between 1:00 and 3:00 PM, at the jobsite located at 17700 NE Marine Dr, Portland, OR 97230.

Any statements made by the District or its representatives at the Pre-Bid meeting will not be binding on the District unless confirmed by written Addendum.

Protests, technical questions, requests for clarification or changes of specifications and/or bidding requirements, including substitution requests, must be received by the Procurement Analyst in writing (via email) no later than nine (9) calendar days prior the Bid Due Date.

Bidders shall comply with all applicable BOLI and CCB requirements including all filing, notification, and payment requirements; retainage for payment for labor, and the filing of a $30,000 public works bond with the Oregon Construction Contractors Board. The Public Works Bond shall be obtained from a corporate surety authorized to do business in this state.

Bids shall be submitted electronically in a single PDF file via email by 1:00 PM Pacific Time, Wednesday, May 10, 2023 to James Kanoff, Procurement Analyst, jkanoff@mcdd.org . Bids received after this time and date will not be accepted. No faxed or mailed bids will be accepted.

Bids will be opened immediately thereafter.

First-tier subcontractor disclosures, if applicable, shall be submitted in the same manner as described above, by 3:00 PM Pacific Time, on Wednesday, May 10, 2023.

Bids received after the Bid Due Date’s 1:00 PM Pacific Time submission time, and Bids that are not accompanied with the required first-tier subcontractor disclosures (Section 00430b), if applicable, by 3:00 PM Pacific Time, will not be considered.

Bid documents may be inspected at the following locations:

Multnomah County Drainage District No. 1, Purchasing Department, 1880 NE Elrod Drive, Portland, OR 97211 (Monday thru Friday, 9:00 a.m. - 12:00 p.m. and 1:00 p.m. - 4:00 p.m.).

mailto:jkanoff@mcdd.org

Bidders may obtain electronic copies of Bidding Documents at no charge from the OregonBuys website: https://oregonbuys.gov/bso/ .

The Project is a Public Work. By submission of a Bid, the Bidder agrees to be bound by and will comply with the provisions of (1) ORS 279C.800 through 279C.870 relating to State of Oregon, BOLI Prevailing Wage Rates and (2) if applicable, 40 U.S.C. 3141 to 3148.

BY: James Kanoff

Procurement and Contract Analyst

ISSUED: April 11, 2023

PUBLISHED: Daily Journal of Commerce, April 14, 2023 OregonBuys Website, April 11, 2023 https://oregonbuys.gov/bso/

Multnomah County Drainage District No. 1 Section 00200

ITB No. S-C26014-00005371 Pump Station #4 Trash Rake Replacement Project

INSTRUCTIONS TO BIDDERS

1.0 Bid Schedule: Bidders are expected to comply with the following Bid Schedule:

Bid Issuance April 11, 2023

Optional Project Site Visits by Appointment, must be scheduled at least 48 hours in advance

April 25, 2023, 1:00 P.M. to 3:00 P.M.

April 27, 2023, 1:00 P.M. to 3:00 P.M.

Written Protest or Request for Clarification/Changes/Substitutions and/or Bidding Requirements Due Date

May 1, 2023

Last Day to Issue Addenda May 4, 2023

Bid Due Date and Time May 10, 2023, 1:00 P.M.

Bid Opening (by video conference) May 10, 2023, 1:00 P.M.

First-Tier Subcontractor Disclosure Due Date and Time (if required)

May 10, 2023, 3:00 P.M.

Notice of Intent to Award the Contract May 12, 2023

Deadline for Filing Protest of Award May 19, 2023

Anticipated Board Approval May 23, 2023

Contract Delivery Due Date May 25, 2023

Anticipated Project Start Date June 5, 2023

Anticipated Project Substantial Completion Date October 10, 2023

Anticipated Project Final Completion Date October 31, 2023

1.1 Bid Preparation:

Multnomah County Drainage District No. 1 (“the District” or “District”) policy directs the District to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, the District requires Bidders to submit their Bids electronically.

a. Compliance. All Bids must be submitted in a single PDF file via email directly to the

Procurement Analyst shown below before the due date and time specified as set forth in Section 1.2(b) prior to the Bid Due Date. Bids that are received after the Bid Due Date will not be considered, withdrawn, or modified except as permitted in OAR 137-049-0350 or 137-049-0390.

All Bid and pricing information shall be typewritten or in ink and shall be signed in ink or an authorized digital signature platform by an authorized representative of the Bidder.

Alterations (including white out) or erasures shall be initialed in ink by the person signing the Bid.

b. Product Quality. Brand names, when used, indicate quality desired. Alternate brands must be of equal quality, merit and utility as determined in the District's sole judgment.

c. Method of Bidding - Unit and Total Price/Lump Sum. The price per each item shall be clearly shown in the space provided. The pricing shall be extended to show the total when required. In case of errors in extension the unit price shall prevail. The written unit price shall prevail over the numerical unit price.

The District reserves the right to reject stipulated and/or unbalanced Bids that are determined by the District to not be in its best interest.

d. Completion. By submitting a Bid, Bidder certifies that the work will be completed according to timelines stated in the bidding documents, including the Bid Schedule set forth in Section

1.0 above.

e. Examination of Plans, Specifications, and Work Site. It is understood that a Bidder, before submitting a Bid, has made a careful examination of all plans, specifications, contract documents, and documents included in the Invitation to Bid; that the Bidder has a complete understanding of the quality and quantity of materials and the character of the work required; and that the Bidder has made a careful examination of the location and conditions of the worksite and the sources of supply for materials.

It is further understood that any Award of the Contract made hereunder is subject to the District being able to (1) comply with all zoning ordinances, or obtain rezoning of the property where necessary; and (2) comply with local building code restrictions and conditions for the structure or structures contemplated in the Bid; any or all of which conditions may be contained in the Contract and may result in termination of the Contract, if such conditions are not satisfied. The District will in no case be responsible for any loss or for any unanticipated costs that may be incurred by the Contractor as a result of the Contractor's failure to acquire full information about work conditions prior to submitting an offer to perform the Work.

f. Substitutions. When a brand name is required by the specifications, all Bidders shall provide the specified product unless another product or products is/are of equal quality, merit and utility (as determined in the District's sole judgment). Bidders may be required to provide information to the District to determine product acceptability prior to Award of Contract.

g. Interpretation of Contract Documents. If a Bidder finds discrepancies in, or errors or omissions from, the plans, specifications, contract documents, or any documents included in the Invitation to Bid, or has doubt as to their meaning, the Bidder shall at once notify the District in accordance with Section 1.1(h) below. The District will then investigate the validity of the claim and will determine whether an Addendum will be issued.

h. Protest or Request for Clarification/Changes of Specifications and/or Bidding

Requirements. Bidders may, via email, protest or request changes or clarification of any Bid specifications or Contract in accordance with OAR 137-049-0260. Unless stated differently in the bidding document, this email protest or request must be received by the District no later than nine (9) days prior to the Bid Due Date. The email protest or request shall include the reasons for the protest or request, and any proposed changes to the Bid specifications or Contract terms. Emails containing Bid protests subject lines shall be marked as follows:

Bid Specification Protest or Request for Change Bid Number: S-C26014-00005371 Bid Name: Pump Station #4 Trash Rake Replacement Project

Send to: James Kanoff jkanoff@mcdd.org

i. Filling in Bid Forms. The Bid response shall be made on the forms provided in the Invitation to Bid and as prescribed by the District. The Bidder may not alter, modify, or change the Bid forms except as directed by Bid Addenda. Any other form of offer is invalid. Bidders are required to use the form provided within the Invitation to Bid, Section 00400.

mailto:%3cjkanoff@mcdd.org

Bids may be rejected if they contain any recapitulation or restating of the work to be done, disclaimers, exceptions or other limitations or stipulations.

j. Bids are Offers. The Bid is the Bidder's offer to enter into a Contract, which, if the Bid is accepted for award, binds the Bidder to a Contract and the terms and conditions contained in the Invitation to Bid. A Bidder shall not make the Bid contingent upon the District's acceptance of specifications or contract terms that conflict with or are in addition to those required in the bid documents (except as noted in Time for Bid Acceptance, Section 1.3(g) below).

k. Proprietary Information/Public Disclosure. Materials submitted in response to the

Invitation to Bid and/or the Contract shall become the property of the District and are, therefore, subject to public records laws.

Pursuant to ORS 279C.365(4), bids will not be made available for public inspection until after opening.

After opening, any information provided to the District under this ITB is subject to public disclosure under Oregon's Public Records Laws (ORS 192.311 to 192.478), unless it is specifically exempt from disclosure under ORS 192.338 to 192.355.

Any bidder that desires the District to treat certain information as exempt from disclosure must plainly mark each page of such information as confidential and include the citation to the Public Records Law exemption that the bidder believes to apply to the information.

Marked pages should be placed in a group separate from the remainder of the bid.

Information that has not been properly marked and segregated will be deemed subject to disclosure by the District.

The District retains the right to make an independent determination of whether marked information is exempt under the Public Records Law. All bidders understand that any decision by the District to withhold information is subject to appeal and that the District will comply with any order to disclose

l. Instructions for First-Tier Subcontractor Disclosure. Bidders are required to disclose information about certain first-tier subcontractors if the contract is for a public improvement with an estimated cost of more than $100,000, unless the public improvement contract has been exempted from competitive bidding requirements under ORS 279C.335(2) (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to: (i) 5% of the project Bid, but at least $15,000; or (ii) $350,000 regardless of the percentage, the Bidder must disclose the following information about that subcontract either in its Bid submission, or within two hours after the Bid Due Date, using the First Tier Subcontractor Disclosure Form included as part of the Invitation to Bid:

(A) The subcontractor's name;

(B) The category of Work that the subcontractor would be performing, and

(C) The dollar value of the subcontract. If the Bidder will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate "NONE" on the accompanying form.

THE CONTRACTING AGENCY MUST REJECT A BID IF THE BIDDER FAILS TO

SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED

DEADLINE (see OAR 137-049-0360)

m. Nondiscrimination. Bidders must submit a certification of nondiscrimination, as required by ORS 279A.110(4). Bidders must certify that they have not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantage business enterprise, a minority-owned, women-owned, or service-disabled-veteran-owned business, or an emerging small-business enterprise as defined under ORS 200.005.

1.2 Bid Submission:

a. Bid Submission. Bids shall be submitted by email to James Kanoff, Procurement Analyst, prior to the Bid Due Date. The subject line of the email must read: ITB S-C26014-00005371 [Bidder’s Name]. Bids received after the Bid Due Date will not be considered for Award, withdrawn, or modified except as permitted in OAR 137-049-0350 or 137-049-0390.

b. Bids shall be delivered as follows:

As a single PDF file via email to James Kanoff, Procurement Analyst, jkanoff@mcdd.org

The First-Tier Subcontractor disclosure must be submitted with the Bid or within two (2) working hours of the Bid Due Date by email as stated above.

The District is not responsible for the premature opening of or the failure to open a bid not properly identified or addressed.

Bidder is responsible for submitting their quote prior to the closing time and date. Late bids will not be accepted. The District is not responsible for any delays caused by computer/email issues of any sort.

Signatures on the emailed documents shall be considered originals. Electronic signatures are acceptable.

c. Addenda. The District reserves the right to make changes to the Invitation to Bid and the

Contract, by written Addenda, prior to the Closing Date. Addenda shall only be issued by the District and, upon issuance, are incorporated into the Invitation to Bid or the Contract.

As a courtesy, the District may send Addenda to registered Bidders, by e-mail. The Bidder is responsible for ensuring that all Addenda have been downloaded from the OregonBuys website https://oregonbuys.gov/bso/ and are acknowledged in their Bid response.

d. Security to be Furnished by Each Bidder. Each Bid shall be accompanied by a certified or cashier's check or bid bond in an amount equal to 10% of the total amount of the Bid as bid security to ensure that the Bidder, if offered, will execute the Contract and provide the performance bond and payment bond as required. The Successful Bidder will be required to provide a performance bond and a payment bond in an amount equal to 100% of the Contract Sum under the Contract.

The District reserves the right to hold the bid security of all Bidders until the Contract has been fully executed and all required bonds and insurance have been provided, all Bids have been rejected, or for ninety (90) calendar days after the Bid Due Date, whichever is sooner (unless a longer or shorter period is specified in the Invitation to Bid.)

Should the Bidder fail to execute the Contract, provide required insurance, or furnish the satisfactory performance bond and payment bond after the Bid has been accepted, the bid security shall become the property of the District.

e. Modification of Bids. Once submitted, Bids may be modified in writing prior to the Bid Due Date. Modifications shall be prepared on the Bidder's letterhead, signed by an authorized representative of the Bidder, shall state that the new document supersedes or modifies the prior Bid and shall be submitted via email, appropriately marked identifying the Bid number and Bid Due Date. Telephone, telegraphic and facsimile modifications are not acceptable. The written modification shall be made a permanent part of the public Bid file.

f. Withdrawal of Bids. A Bid may be withdrawn prior to the Bid Due Date. Bids may be withdrawn via email in a written attachment, on the Bidder's letterhead, signed by an authorized representative of the Bidder. The written Bid withdrawal shall be made a permanent part of the public Bid file. Bids may not be withdrawn after the Bid Due Date except as permitted in OAR 137-049-0350 or 137-049-0390.

1.3 Bid Evaluation & Award:

a. Minimum Requirements. Evaluation of Bids will be based on minimum requirements established by the specifications and compliance with conditions of the Invitation to Bid and shall be subject to Oregon Revised Statutes (ORS) 279A, 279C, and District’s Public Contracting Rules. The District may reject any Bid not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all Bids upon a finding of the District that it is in the public interest to do so.

b. Method of Award: Award shall be made to the lowest responsive and responsible Bidder for the total of all line items. Award shall be made to one Bidder and one Bidder only.

c. Goods Preferences. Award shall be subject to preference for goods or services that have been manufactured or produced in Oregon if price, fitness, availability and quality are determined by the District to be equal (ORS 279A.120(2)(a)).

Award shall be subject to preference for goods that are certified as made from recycled materials if the recycled product is available, meets applicable standards, can be substituted for a comparable nonrecycled product, and the cost does not exceed the costs of nonrecycled products by more than five percent, or a higher percentage if TTSD has made a written determination to that effect (ORS 279A.125).

d. Reciprocal Law. In determining the lowest responsible Bidder, a nonresident Bidder eligible to receive a preference in the state in which the Bidder resides, shall have that same percentage preference added to the bid amount in accordance with ORS 279A.120(2)(b).

e. Special Notice. The competency and responsibility of Bidders and of their proposed

Subcontractors will be considered in making the Award.

f. Certification of Alteration or Erasure. A Bid may be rejected if it contains any material alteration or erasure unless each such alteration and erasure is initialed by the person signing the Bid. Nothing in this paragraph shall be construed as allowing the Bidder to alter or otherwise change the form of the offer, the form of the Contract, the conditions of the Bid, the specifications, and/or plans attached to the bid documents. Unless otherwise specifically allowed in the bidding documents, no changes or modifications to an offer may be made after the Bid Due Date.

g. Time for Bid Acceptance. The District reserves the right to consider a Bid response containing a condition that limits its time for Bid acceptance. The District may, solely at its option, accept a shorter time for Bid acceptance, even though the Invitation to Bid may state a longer period. The District reserves the right either to accept or reject the Bid response containing the time condition, if the Bid response is otherwise the lowest responsible and responsive Bidder.

h. Bid Reading.

At the prescribed time and place Bids will be publicly opened and read aloud through an online video platform. A link is provided below for those who want to view the opening.

Bidders are invited to join the digital meeting room and record results. Award decisions will not be made at Bid Opening. Only the name of the Bidder(s) and the Bid item(s) to be considered for Award purposes will be read at the Bid Opening.

Microsoft Teams meeting Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 263 434 152 225

Passcode: 9FNhhY

Download Teams | Join on the web

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i. Bid Results. To obtain bid results, notes may be taken at the public reading of the Bid results or a personal inspection may be made of the Bid files at a later date BY APPOINTMENT. Bid tabulations and Bid status (Notice of Intent to Award) shall be obtained electronically at OregonBuys https://oregonbuys.gov/bso/, or MCDD https://www.mcdd.org/doing-business-with-the-district/. As a courtesy, the District may provide the Notice of Intent to Award to all participating Bidders by e-mail.

j. Protest of Award. A Bidder may protest the Intent to Award a Contract if: The Bidder is adversely affected because the Bidder is eligible for the Award of the Contract as the next lowest responsible Bidder and is next in line for Award, and the reason for the protest is that all lower Bidders are nonresponsive or a nonresponsible Bidder, as defined under ORS 279C.375(3); or the District committed a substantial violation of a provision of this Invitation to Bid or of an applicable procurement statute or District rule, and the protesting Bidder would have, but for such substantial violation, been the responsible Bidder submitting the best responsive proposal and is next in line for the Award.

Protests must be received within seven (7) days after issuance of the Notice of Intent to Award the Contract. The District will not consider late protests.

All protests must be submitted via email and be written, signed by the protesting party or an authorized Agent and submitted to the District Procurement and Contract Analyst listed in Section 00000. The protest must state all facts and arguments on which the protesting party is basing the protest.

An issue that could have been but was not raised as a request for clarification or protest of the bid documents is not grounds for a protest of award.

The District may settle, resolve, or issue a written decision on the protest in accordance with the requirements of OAR 137-049-0450.

An adversely affected or aggrieved bidder must exhaust all avenues of administrative review procedures and relief before seeking judicial review of the District's Intent to Award the Contract.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWM4MDE2OWUtNDI0MC00ZjUxLThkN2ItOGY3OTMxYjhkMDY0%40thread.v2/0?context=%7b%22Tid%22%3a%22ef7581a6-63af-45a5-9efe-c372653b137f%22%2c%22Oid%22%3a%228af8bb2d-3372-4243-bc63-222fdb8a3636%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=8af8bb2d-3372-4243-bc63-222fdb8a3636&tenantId=ef7581a6-63af-45a5-9efe-c372653b137f&threadId=19_meeting_NWM4MDE2OWUtNDI0MC00ZjUxLThkN2ItOGY3OTMxYjhkMDY0@thread.v2&messageId=0&language=en-US https://www.mcdd.org/doing-business-with-the-district/

1.4 Registration Requirements (i.e. Construction Contractors Board/State Landscape

Board):

Bidders shall certify that all parties performing work will be registered with the Oregon Construction Contractors Board (CCB) as required by ORS 701.021, the State Landscape Contractors Board (LCB) as required by ORS 671.530, or the appropriate authority pertaining to the trade before the bid opening time and date set in the Invitation to Bid. Bids not meeting this requirement will not be considered.

1.5 Scope of Work and Insurance. The Work contemplated under the Contract and the Invitation to Bid includes all labor, tools, machinery, materials, transportation, mobilization/demobilization, equipment and services necessary for, and reasonably incidental to, the completion of all work in connection with the project described in the contract, the General Conditions, all applicable special conditions, plans, specifications, or any supplementals. The Work is subject to the timelines set forth in the Invitation to Bid, including the Bid Schedule.

As part of its performance of the Contract, the Successful Bidder will be required to procure insurance that meets at least the following limits and otherwise complies with the requirements of Exhibit B of the Sample Construction Contract (Section A).

2.1 Definitions

As used in the Invitation to Bid, unless the context requires otherwise:

Addenda: An addition to, or deletion of, a material change in, or clarification of, the Invitation to Bid.

Award of the Contract or Award: The decision by the District that indicates which Bidder the District has chosen to enter into an agreement with.

Bid: A response to an Invitation to Bid submitted in accordance with the Invitation to Bid by a Bidder.

Bidder: Any corporation, limited liability company, limited liability partnership, other limited liability entity, company, partnership, firm, sole proprietorship, or individual that Submits a Bid. A Bidder is a prospective Offeror/Contractor.

Bid Due Date: The time and date set forth as the Bid Due Date in the Cover Page, Section 00000, of the Invitation to Bid.

Bid Opening: The time and date set forth for Bid Opening in the Cover Page, Section 00000, of the Invitation to Bid.

Contract: Once a Successful Bidder has been chosen, this is the agreement that the District and the Successful Bidder will enter into, at which point the Successful Bidder will become the Contractor. The Contract will include the provisions in the Invitation to Bid and the contract provisions in a form substantially similar to the Sample Contract made a part of the Invitation to Bid, and also any appendices attached hereto, all of which will be incorporated therein in the Contract. The Contract will constitute the entire agreement between the parties.

The Contract may also include any purchase orders, bonds, and addenda incorporated in the documents before their execution, and all other agreements of a supplemental nature, in writing, signed by both Parties, entered into during the progress of the Work. The term Contract may be interchangeable in the document with the term Agreement.

Contractor: The Contractor is the Successful Bidder that signs, executes, and enters into an Agreement with the District.

District: Multnomah County Drainage District No. 1.

Notice of Intent to Award: A document proclaiming intent to award the Contract to a specified party.

OAR: Oregon Administrative Rules.

ORS: Oregon Revised Statutes.

Successful Bidder: The Bidder whose Bid is accepted by the District, and upon acceptance, it is the Successful Bidder who is offered the Contract and who is obligated to sign the Contract for such goods or services, thus becoming the Contractor.

End of Section 00200

Multnomah County Drainage District No. 1 Section 00400

BID FORM

PROJECT: ITB S-C26014-00005371: Pump Station #4 Trash Rake Replacement

Project

MCDD Project No. 85037

BID OPENING: May 10, 2023 1:00 PM Pacific Time

LOCATION: Opening to be conducted via an online video platform. The Microsoft TEAMS link is provided in Section 200, 1.3(h).

Bid From (Contractor Name): __________________________________________________ The undersigned hereby proposes to provide to the District all materials, services, and labor necessary to perform all work in connection with the project described in the Invitation to Bid in strict accordance with the terms of the Invitation to Bid.

The Bid Item Descriptions summarize the measurement and payment provisions for each of the bid items included the Bid Schedule for the Pump Station #4 Trash Rake Replacement Project.

The Bid Item Descriptions are included in Technical Specification Section 01 22 50 Measurement and Payment.

In submitting this Bid, the undersigned agrees:

(A) To provide all goods, equipment, and services to perform under the Contract.

(B) To hold this Bid open for ninety (90) calendar days after the Bid Due Date (unless a longer or shorter period is specified in the Invitation to Bid) and to accept the provisions of the Invitation to Bid regarding bid security.

(C) To execute the Contract relating to this Bid if the Bid is selected.

(D) To perform under the Contract according to the agreed-upon schedule, including the dates set forth in the Bid Schedule.

NO.

ITEMS OF WORK AND

MATERIALS

ESTIMATED

QUANTITY UNIT

UNIT

PRICE

TOTAL

AMOUNT

1. Mobilization 1 LS

2. Demolish Existing Rake System and Related Appurtenances 1 LS

3. Install New Trash Rakes and Support Structure 1 LS

4.

Install Hydraulic Power Units, Including Conduit and Conductors

4 EA

5.

Install Interior and Exterior Control Panels, Including Conduit and Conductors

1 LS

NO.

ITEMS OF WORK AND

MATERIALS

ESTIMATED

QUANTITY UNIT

UNIT

PRICE

TOTAL

AMOUNT

6. Install Hydraulic Lines and Fittings 1 LS

7.

Furnish and Install Hydraulic Line Tray and Vertical Support in Debris Deck Area

8. Furnish and Install Horizontal Supports for Hydraulic Lines 25 EA

9.

Furnish and Install Hydraulic Line Bulkhead in Pump Station Wall, Including 3” Wall Core

10.

Remove Debris Deck Floor Hatches, Furnish and Install New Hatches

11. Structural Work for East and West Wing Walls 2 EA

12. Structural Work for Intermediate Piers 3 EA

13.

Reinstall Existing Walkway and Guardrail; Furnish and Install Walkway Supports and Guardrail

14.

Furnish and Install Level Transducers and Current Sensing Relays, Including Stilling Well and Related Appurtenances

15. Balance of Project Electrical 1 LS

16. Start-up, Testing, Commissioning, and Training 1 LS

17. Furnish and Install Additional Hydraulic Lines and Fittings 50 LF

18.

Transport Trash Rake Equipment from Owners Main Office to Project Site

TOTAL BID

• Units abbreviations: EA = Each

LS = Lump Sum FT = Feet

Bid Price: (Lump-sum cost for the proposed project)

Dollars

($____________________________). The amount must be written in both words and figures.

If there is a discrepancy between the two, the amount written in words will govern.

EXCEPTIONS: Any exceptions or stipulations to any of the requirements of this solicitation must be submitted in accordance with Section 00200, 1.1(h), Protest or Request for Changes of Specifications and/or Bidding Requirements. Exceptions that are not submitted in compliance with Section 00200, 1.1(h), may cause your bid to be ruled non-responsive.

RESIDENT STATUS: Each bidder must identify whether the bidder is a resident bidder as defined in ORS 279A.120. Bidder certifies that bidder is a “resident bidder” as defined in ORS 279A.120:

YES ______ NO ______

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS: Bidder acknowledges receipt of Addenda and agrees to be bound by their contents.

Circle each BID addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 Check if no addenda were received: ___

CCB/LCB REGISTRATION:

(A) Construction Contracts. The District shall not consider a Person's Offer to do Work as a contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration issued by the Construction Contractors Board at the time the Offer is made.

(B) Landscape Contracts. The District shall not consider a Person's Offer to do Work as a landscape contractor as defined in ORS 671.520(2), unless the Person has a current, valid landscape contractors license issued pursuant to ORS 671.560 by the State Landscape Contractors Board at the time the offer is made.

(C) Non-complying Entities. The District shall deem an Offer non-responsive if it is received from a Person that fails to comply with this rule and shall reject the Offer as stated in ORS 279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

Bidder certifies that Bidder is in compliance with the requirements of and is registered and bonded with the State of Oregon Construction Contractor's Board or Landscape Contractors Board as follows:

Registration Classification: ____________________________

Registration No.: Expiration Date: ________________

ASBESTOS LICENSING: Contractor and subcontractors under the Contract are not required to be licensed under ORS 468A.720 regarding asbestos abatement projects.

RESPONSIBILITY: Prior to awarding a Contract, the District shall determine whether the lowest responsible Bidder meets the standards of responsibility as defined in ORS 279C.375.

NONDISCRIMINATORY SUBCONTRACTOR PARTICIPATION: Bidder certifies that it has not and will not discriminate against a disadvantaged business enterprise, a minority-owned, women-owned, service-disabled-veteran-owned business, or an emerging small-business enterprise in awarding any subcontract relating to the Invitation to Bid or any contract awarded under it.

NON-COLLUSION: ORS 279A.010 and 279A.990 By signing and submitting a Bid, Bidder certifies that:

(A) Bidder has arrived at the specifics of the Bid, including price and amounts, independently and without communication or agreement with another Bidder, except as disclosed in a separately attached statement;

(B) The Bidder is not submitting the Bid in the interest of or on behalf of any undisclosed person;

(C) The Bidder has not directly or indirectly induced or solicited another Bidder, in order to benefit a third person, to submit a false or sham Bid, to refrain from bidding or to change a Bid;

(D) The Bidder has not directly or indirectly disclosed the Bidder's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another Bidder;

(E) The Bidder has not sought through communication or agreement with a person to fix the Bid price of the Bidder or another Bidder, to fix an overhead, profit or cost element of the bid price of the Bidder or another Bidder or to secure any advantage against the contracting agency or any other person interested in the public contract;

(F) The Bidder has not directly or indirectly expressed an interest or lack of interest in the public contract, or paid or offered to pay a fee to a person, to cause a collusive or sham bid;

(G) All statements in the Bid are true; and

(H) The Bid is genuine and not collusive or a sham.

EXAMINATION: The Bidder declares that he/she has carefully examined the terms of the Contract and has personally inspected and is satisfied with conditions at the Project site.

PREVAILING WAGES: The Contract calls for payment of the Oregon Prevailing Wage, as determined by the Commissioner of the Bureau of Labor and Industries (“BOLI”). The prevailing wage rates for public works contracts in Oregon are contained in the following publications: The January 5, 2023 Prevailing Wage Rates for Public Works Contracts in Oregon, the January 11, 2023 Prevailing Wage Rate Amendments, the April 5, 2023 Apprenticeship Rates, and the April 5, 2023 Prevailing Wage Rate Amendment.

If payment of the Oregon Prevailing Wage is required, the Bidder hereby acknowledges and agrees to be bound by, and to comply with, the provisions of 279C.838 to 279C.840. The Contract does not call for payment of federal Davis-Bacon Prevailing Wages. If payment of the federal Prevailing Wage is required, the Bidder hereby acknowledges and agrees to be bound by, and to comply with, the provisions of 40 U.S.C. 3141 to 3148. If both Oregon and federal Prevailing Wage provisions apply, Bidder certifies that Bidder will pay the higher of the federal Prevailing Wage rate or the Oregon Prevailing Wage rate.

BONDS: A Bid Bond is required from all Bidders. (The successful Bidder must provide a Performance Bond, Payment Bond, and Warranty Bond.) The Bidder encloses with this bid acceptable security in the amount of ten percent (10%) of the total amount of the bid, made payable to the District. The bid security shall be forfeited as liquidated damages if the Bid is accepted by the District and Bidder fails to execute the Contract, fails to provide the Performance and Payment Bonds in the amount of 100% of the total amount of the Bid, or fails to provide the required evidence of insurance within the time allowed.

BIDDER’S SIGNATURE AND IDENTIFICATION: I hereby certify that this Bid is genuine.

Name of Proprietor, Partnership, or Corporation: _____________________________________

Authorized Official Name and Title (Please Print): ____________________________________

Signature of Authorized Official: ____________________________ Date:________________

Street Address City, State, Zip Code

Phone Number Employer Federal ID Number

End of Section 00400

Multnomah County Drainage District No. 1 Section 00430a

Multnomah County Drainage District No. 1

STANDARD PUBLIC IMPROVEMENT CONTRACT

BID BOND

We, ____________________________________________________________________, as “Principal,” (Name of Principal) and _________________________________________________, an _________________ Corporation, (Name of Surety) 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 Multnomah County Drainage District No. 1 (“Obligee”) the sum of ($________________________).

_____________________________________________________________________________ Dollars.

WHEREAS, the condition of the obligation of this bond is that Principal has submitted its proposal or bid to an agency of the Obligee in response to Obligee’s procurement document No.: S-C26014-00005371 for the project identified as: Pump Station #4 Trash Rake Replacement Project, 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 the procurement document and ORS 279C.365(4) for competitive bidding or 279C.400(5) for competitive proposals.

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 and payment bonds required by Obligee, as well as any required proof of insurance, 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 _________________________, 2023.

PRINCIPAL: ______________________________ SURETY: __________________________

By________________________________________ BY ATTORNEY-IN-FACT:

Signature

Official Capacity Name

Attest: ____________________________________ ___________________________________ Corporation Secretary Signature

Address

City State Zip Phone Fax

Multnomah County Drainage District No. 1 Section 00430b

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

(ORS 279C.370)

PROJECT NAME: Pump Station #4 Trash Rake Replacement Project BID #: S-C26014-00005371 BID CLOSING DATE: May 10, 2023 TIME: 1:00 p.m. (Pacific Time) FIRST TIER DISCLOSURE DEADLINE: DATE: May 10, 2023 TIME: 3:00 p.m. (Pacific Time)

This form must be submitted either with Bidders bid response or within two (2) working hours of the bid closing date and time. List below the name of each subcontractor that will be furnishing labor or materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract.

If the Bidder will not be using any subcontractors that are subject to the above disclosure requirements, the Bidder is required to indicate "NONE" on the form below. (If needed, attach additional sheets).

Company Name Dollar Value: Category of Work

1.

2.

3.

4.

5.

6.

7.

8.

A first-tier subcontractor is one that:

(A) Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement; and

(B) 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.

After having been opened, the bids and the subcontractor disclosures shall be filed for public inspection. No modifications will be allowed once the submittal has been opened. FAILURE TO SUBMIT THIS FORM BY THE DISCLOSURE DEADLINE WILL RESULT IN A SUBMITTED BID BECOMING NON-RESPONSIVE, AND SUCH BID SHALL NOT BE

CONSIDERED FOR AWARD (ORS 279C.370).

Form submitted by (Bidder Name): _______________________________

Contact Name: Phone #: _____________________

Deliver Form to Agency: Multnomah County Drainage District No. 1

Person Designated to Receive Form: James Kanoff, Procurement Analyst jkanoff@mcdd.org

Agency’s Address: 1880 NE Elrod Drive, Portland, OR 97211 Phone No. (971) 378-0815

Unless stated otherwise 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.

Multnomah County Drainage District No. 1 Section 00430c

Drug Testing Program for Public Improvement Contracts

An Award of the Contract shall not be final until the Successful Bidder certifies to the District that it has a drug-testing program in place for its employees.

The Bidder, by signature on this Bid, certifies to the District the following:

1. That the Bidder has a drug-testing program in place for its employees that includes, at a minimum, the following:

a. A written employee drug testing policy;

b. Required drug testing for all new Subject Employees, or, alternatively, required testing of all Subject Employees, every six (6) months, on a random selection basis;

c. Required testing of a Subject Employee when the Bidder has reasonable cause to believe the Subject Employee is under the influence of drugs; and

d. Required testing of a Subject Employee who is involved in

(i) an accident causing an injury requiring treatment by a physician, or

(ii) an incident resulting in damage to property or equipment.

A drug-testing program that meets the above requirements will be deemed a “Qualifying Employee Drug-Testing Program.” For the purposes of this rule, an employee is a “Subject Employee’ only if that employee will be working on the Project job site.

2. That, if awarded the Contract, the Bidder will execute a Contract in which the Bidder shall represent and warrant to the District that the Qualifying Employee Drug-Testing Program is in place at the time of the Contract execution and will continue in full force and effect for the duration of the Contract. Further, the District’s performance obligation is contingent on Bidder’s compliance with this representation and warranty.

3. That the Contract shall contain Bidder’s covenant requiring each subcontractor providing labor for the Project to:

a. Demonstrate to the Bidder that it has a Qualifying Employee Drug-Testing Program for the subcontractor’s Subject Employees, and represent and warrant to the Bidder that the Qualifying Employee Drug-Testing Program is in place at the time of subcontract execution, and will continue in full force and effect for the duration of the subcontract; or

b. Require the subcontractor’s Subject Employees to participate in the Bidder’s Qualifying Employee Drug-Testing Program for the duration of the subcontract.

END OF SECTION 00430c

Multnomah County Drainage District No. 1 Section 00450

MINIMUM CONTRACTOR REQUIREMENTS

The Minimum Contractor Requirements form shall be submitted with the bid response by 1:00 p.m., Wednesday May 10, 2023. Failure to provide a completed form may render a bid non-responsive and may be grounds for rejection of the bid.

Bidders may attach additional pages to this section in order to detail responses.

Responses on additional pages must reference the appropriate criteria item number and each sheet should be titled with District name, Project name and Contractor name of bidding firm.

Multnomah County Drainage District No. 1 Section 00450

MINIMUM CONTRACTOR REQUIREMENTS FORM

1. Bid submitted by:

(Typed Name of Bidder)

2. The following data, statements of experience, personnel, and general qualifications of the Bidder are submitted as a part of the Bid and the Bidder represents and guarantees the truthfulness and accuracy thereof:

A. Our organization has been in business continuously from the year __________.

B. Our organization has had experience in mechanical equipment installation work comparable to that required by the Contract Documents for _____ years.

C. Bidder is:

(1) An individual ______________________.

(2) A partnership ______________________.

(3) A corporation ______________________.

(4) Type of business

D. If Bidder is a corporation, please identify:

(1) State of incorporation________________________________________

(2) Name and address of registered agent__________________________

3. Related Work Experience:

A. Contractor: The Contractor shall have successfully managed/completed, during the past five (5) years, at least three (3) mechanical equipment installation projects of a $100,000 or larger bid price for municipalities, utility districts, or special purpose local government agencies. Bidder shall provide previous project information to verify compliance with the minimum Contractor requirements for this project. For each project the following information shall be provided:

(1) Name of Project.

(2) Description of Project. As a minimum include description of installation of mechanical equipment.

(3) Owner’s Name, Address, Telephone Number, and Email.

(4) Design Consultant’s Name, Address, Telephone Number, and Email (if applicable).

Multnomah County Drainage District No. 1 Section 00450

(5) Project Start & Completion Dates.

(6) Project Cost.

(7) Owner’s Contact Person Who is Able to Attest for Bidder’s Experience, with Address, Telephone Number, and Email.

(8) Scope of Bidder’s Responsibility.

(9) Name of Bidder’s Site Superintendent for the Project.

B. Contractor’s Proposed Site Superintendent: Bidder shall provide name and qualifications of proposed site superintendent in responsible charge of the project.

Qualifications shall include any certifications and experience including a minimum three (3) projects similar in nature to the Pump Station #4 Trash Rake Replacement Project. Project descriptions shall include Owner, name of project, year completed, description of work and qualified persons role.

End of Section 00450

Multnomah County Drainage District No. 1 Section 00610

PERFORMANCE AND PAYMENT BOND

For the purpose of complying with Chapter 279C.380 of Oregon Revised Statutes, Contractor shall provide a performance and payment bond in a sum equal to the full contract price or adequate to cover the loss of service to insure the Owner against financial loss if the project is not completed or not completed on time by the Contractor.

The surety company's Attorney-in Fact must sign the performance and payment bond. The surety's seal must be affixed to the performance and payment bond. Power of Attorney for the Attorney-in-Fact must be attached to the bond. The original bond document must be supplied to the Owner prior to final execution of the contract and commencement of work.

Contractor shall promptly notify the surety company of any changes to the Contract that impact time allowed for completion and/or an increase to the total compensation of the Contract.

Multnomah County Drainage District No. 1 Section 00610

MULTNOMAH COUNTY DRAINAGE DISTRICT NO. 1

PERFORMANCE BOND

We , as principal, and , (Name of Surety) an corporation, authorized to transact business in Oregon, as surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors and assigns to pay unto Multnomah County Drainage District No. 1 the sum of

(Penal Sum of Bond)

WHEREAS, the principal has entered into a contract with Multnomah County Drainage District No. 1, the specifications, terms and conditions of which are contained in Invitation to Bid No. S-C26014-00005371: Pump Station #4 Trash Rake Replacement Project;

and

WHEREAS, that contract is made a part of this performance bond by reference; and

WHEREAS, the principal has agreed to perform the contract in accordance with the…

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