RFP - Firefighter Training Facility Uprgades - Foundation 8.4.2023.pdf

Southwestern Oregon Community College

Coos County, Oregon

Contract Documents

VOLUME 1 –Bidding Forms, Contract Documents, Etc.

FOR THE CONSTRUCTION OF

Firefighter Training Facility Improvements

Owner Construction Project. No. 2023-04 Engineering Project No. 2023-030

Prepared By:

Estabrook Land Surveying, Inc.

PO Box 778 • Coos Bay, Oregon 97420 • Ph. 541.294.6915 • estabrooklandsurveying.com

BIDDING REQUIREMENTS

SOUTHWESTERN OREGON COMMUNITY COLLEGE TABLE OF CONTENTS – VOLUME 1

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS PAGE 1

TABLE OF CONTENTS – VOLUME 1

BIDDING REQUIREMENTS

SECTION NO. DESCRIPTION

00100 ADVERTISEMENT FOR BIDS

00200 INSTRUCTIONS TO BIDDERS

00400 BID DOCUMENTS

C-410* BID FORMS

C-430* BID BOND

00435* FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

00451* BIDDER’S PREQUALIFICATION FORM

00460 OWNER REQUIRED SUPPLEMENTS

00461* NON-COLLUSION AFFIDAVIT

00469* RESPONSIBILITY AFFIDAVIT

00471* COMPANY EVIDENCE OF EMPLOYEE DRUG-TESTING PROGRAM

00495 SAMPLE FORMS

NOTICE OF INTENT TO AWARD

NOTICE OF AWARD

Forms requiring completion by Bidder. Forms are also on colored paper

CONTRACT DOCUMENTS

SECTION NO. DESCRIPTION

00510 NOTICE OF AWARD

C-520 AGREEMENTS FORM BETWEEN OWNER AND CONTRACTOR

00540 EXHIBITS TO THE AGREEMENT

00550/940 SAMPLE FORMS

00550 NOTICE TO PROCEED

00554 AFFIDAVIT

00940 WORK CHANGE DIRECTIVE

00942 FIELD ORDER

00941 CONTRACT CHANGE ORDER

00560 OTHER EXHIBITS

00600 BONDS AND CERTIFICATES

C-610 PERFORMANCE BOND

C-615 PAYMENT BOND

00620 CONTRACTOR’S APPLICATION FOR PAYMENT

C-625 CERTIFICATE OF SUBSTANTIAL COMPLETION

C-700 GENERAL CONDITIONS

00800 SUPPLEMENTARY GENERAL CONDITIONS

00810 PERMITS

00830 PREVAILING WAGE RATES

BOLI RATES

SOUTHWESTERN OREGON COMMUNITY COLLEGE ADVERTISEMENT FOR BIDS

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00100 – PAGE 1

ADVERTISEMENT FOR BIDS

Sealed Bids for the Southwestern Oregon Community College – Firefighter Training Facility Improvements will be received by Rachele Lyon, Vice President of Administrative Services, at Southwestern Oregon Community College Tioga Building room 505 at 1988 Newmark Avenue, Coos Bay, OR 97420 until 2:00 PM local time on August 24th, 2023, at which time the Bids received will be publicly opened and read. No bids will be accepted after this time. The Project is for construction of:

Demolition of existing asphalt and training tower, a concrete slab for firefighting equipment to access a firefighter training tower and the concrete foundation for a new firefighter training tower.

The Issuing Office for the Bidding Documents is: Estabrook Land Surveying; Stephan Stys, PE, PLS. Bidding Documents may be requested from stephan@estabrooklandsurvyeing.com. To be qualified to submit a Bid, the Contractor must obtain the bidding documents from stephan@estabrooklandsurvyeing.com. All pre-Bid questions and responses will be posted via email to all bidders. Specifications for the project may be reviewed at 130 Hilltop Drive, Lakeside, OR 97449.

A non-mandatory pre-bid conference will be held at 10:00 AM local time August 16th, 2023 at the project location.

This contract is for public work and is subject to ORS 279C.800 to 279C.870 regarding prevailing wage rates.

The Owner reserves the right to reject any and all bids, and to waive any technicalities or informalities in connection with the bids. No Bidder may withdraw their bid until thirty (30) days after the bid opening.

By order of: Southwestern Oregon Community College – Rachele Lyon, Vice President of

Administrative Services

Published:

The World, Coos Bay, OR, August 4th, 2023

END OF ADVERTISEMENT FOR BIDS

BIDDING REQUIREMENTS

SOUTHWESTERN OREGON COMMUNITY COLLEGE TABLE OF CONTENTS – INSTRUCTIONS TO BIDDERS

EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Sites; Owner’s Safety Program;

Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – Contracts to be Assigned

ARTICLE 24 – Prevailing Wage Rates

ARTICLE 25 – Retainage

ARTICLE 26 – Special Requirements

SECTION 00200

INSTRUCTIONS TO BIDDERS

SOUTHWESTERN OREGON COMMUNITY COLLEGE INSTRUCTION TO BIDDERS

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 1

EJCDC® C-200 (Rev. 1), Suggested Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, SECTION 00200

INSTRUCTION TO BIDDERS

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

B. Owner: Southwestern Oregon Community College, 1988 Newmark Avenue, Coos Bay, OR 97420

C. Engineer: Estabrook Land Surveying, PO Box 778 Coos Bay, OR 97420, 541-294-6915

1.02 Responsive Bid – A Bid that, in the Owner’s opinion meets the requirements set forth in this bidding document.

1.03 Responsible Bidder – A Bidder who, in the Owner’s opinion is capable and qualified to do the work in this bid package. Evidence of this must conform to Article 3.01D of this section and section 00451.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. (including Volume 1 – Bidding Requirements and Contract Documents, Volume 2 – Technical Specifications and Volume 3 - Drawings) are available as stated in the Advertisement.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

Alterations from the original document are indicated as follows:

1. All added text is shown as bold.

2. Changes to the original paragraphs, which are included in these Instructions to Bidders, are shown in bold and all deletions are shown as strikeouts.

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 2

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 Prospective Bidders shall submit required information regarding their qualifications with the bid package. Owner will review the submitted information to determine which contractors are qualified to bid on the Work. Owner will issue an Addendum listing those contractors that Owner has determined to be qualified to construct the project. Bids will only be accepted from listed contractors. The information that each prospective Bidder must submit to seek prequalification includes (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: Bids will only be deemed responsive from qualified contractors that successfully complete and submit with the bid package the following information:

A. Evidence of prospective Bidder’s authority to do business in the state where the Project is located.

B. All Bidders must have a valid license from the Construction Contractors Board (CCB) and shall be capable of obtaining the required bonds and insurance. Owner will not consider a bid for a public improvement project unless the bidder is licensed by the CCB or the State Landscape Contractors Board.

C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

D. Bidders must qualify by submitting a Standard ODOT Prequalification Application or provide a current approval letter from the State of Oregon accepting the ODOT prequalification application with the Bid. Prequalification information is found in Section 00451 of these Bidding Requirements.

E. Bidders must also submit the following information with the Prequalification form:

1. Name of Company

2. Mailing and Delivery Address

3. Phone Number

4. Email address

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

3.05 To qualify for an award, Bidder must be deemed responsible per ORS 279C.375

3.06 Responsible bidder must have a valid business license issued by the City of Coos Bay prior to entering into an agreement with the Owner.

3.07 Licensing under ORS 468A.720 is not required.

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 3

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

4. Geotechnical Baseline Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR). The GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Document.

The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined.

Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid prices, nor of

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 4

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

5. List Technical Reports: (None)

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 5

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; including any addenda;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 6

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A non-mandatory pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference.

Engineer will transmit, email, to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents, through email. Questions received less than seven (7) days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

7.03 No addenda will be issued later than five (5) working days prior to Bid Date, except an Addendum postponing the Bid Date, or withdrawing the request for Bids if necessary.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of [_10%_]percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs

6.01 and 6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 7

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

8.05 Per ORS 279C.385, bid security is to be forfeited as fixed and liquidated damage should the bidder neglect or refuse to enter into a contract and provide suitable insurance certificates, bond and other required documents for the faithful performance of the work in the event bidder is awarded the contract.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

11.03 If an award is made, pending Owner approval, Contractor may be allowed to submit proposed substitutes and “or-equals” in accordance with the General Conditions.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 8

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Bidder shall disclose first-tier subcontractors on First-Tier Subcontractor Disclosure Form, Section 00435, sign and submit the completed form to Owner within two working hours of the time and at the place for receipt of Bids as identified in the Advertisement for Bids, Section 00100. The Bidder shall submit to the Owner a disclosure of the first-tier subcontractors 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 equal to or greater than

1. Five percent of the total Bid Amount, or $15,000; whatever is greater, or

2. $350,000, regardless of the percentage of the total Bid Amount.

C. If there are no subcontractors who meet the criteria stated in 12.01 A, and B above, Bidder must state “none” on each page of the form provided and submit it to Owner as stated in

12.01 above.

D. The first-tier subcontractor disclosure form, Section 00435, must be submitted separately.

The form may be submitted with the bid or anytime within two working hours of the bid submittal time.

E. Failure to submit a first-tier subcontractor disclosure form in accordance with the instructions in this Article 12 will result in the Bid being rejected as non-responsive.

12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection.

If requested by Engineer or Owner, such list shall be accompanied, within five (5) business days of request, by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity.

If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is give, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by a difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work:

If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 9

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has a reasonable objection.

12.05 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.06

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary.

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign.

The partnership’s address for receiving notices shall be shown.

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 10

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Evidence of authority to sign for a corporation, partnership or limited liability company must be submitted with bid forms.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venture in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

13.11 Pursuant to ORS 279C.505(2), all Bidders must certify with their bids that they have an employee drug-testing program in place

13.12 Evidence of authority to do business in the state or jurisdiction of project will be confirmed by the City based on the information provided in Article 9.02 in the Bid Form.

13.13 Addenda and other pre-bid communications will be through email.

13.14 Each bid must identify whether the bidder is a resident bidder.

ARTICLE 14 – BASIS OF BID

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

14.03 Price-Plus-Time Bids

A. The Owner will consider the time of Substantial Completion commitment made by the Bidder in the comparison of Bids.

B. Bidder shall designate the number of days required to achieve Substantial Completion of the Work and enter that number in the Bid Form as the total number of calendar days to substantially complete the Work.

C. The total number of calendar days for Substantial Completion designated by Bidder shall be less than or equal to a maximum of [____], but not less than the minimum of [____]. If Bidder purports to designate a time for Substantial Completion that is less than the allowed minimum, or greater than the allowed maximum, Owner will reject the Bid as nonresponsive.

D. The Agreement as executed will contain the Substantial Completion time designated in Successful Bidder’s Bid, and the Contractor will be assessed liquidated damages at the rate stated in the Agreement for failure to attain Substantial Completion within that time.

E. [Bidder shall also designate the time in which it will achieve Milestones, and achieve readiness for final payment. Such time commitments shall be consistent with the “Time of Substantial Completion” to which Bidder commits. The Agreement as executed will contain, as binding Contract Times, Successful Bidder’s time commitments regarding Milestones, as applicable, and readiness for final payment.]

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to Owner at address stated in the Advertisement for Bids, Section 00100.

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 12

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted. Bidder assumes all responsibility to deliver Bid on or before the time of the Bid Opening and should allow proper time when using mail or other delivery service.

15.04 Oral, electronic, photocopied, telephonic facsimile (FAX) or telegraphic bids are invalid and will not be accepted or receive consideration.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 13

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

Owner may reject any or all bids if found to be in the public interest to do so.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

C. Bid prices will be compared after adjusting for differences in time of Substantial Completion (total number of calendar days to substantially complete the Work) designated by Bidders.

The adjusting amount will be determined at the rate set forth in the Agreement for liquidated damages for failing to achieve Substantial Completion, or such other amount that Owner has designated in the Bid Form.

1. The method for calculating the lowest bid for comparison will be the summation of the Bid price shown in the Bid Form plus the product of the Bidder-specified time of Substantial Completion (in calendar days) times the rate for liquidated damages [or other Owner-designated daily rate] (in dollars per day).

2. This procedure is only used to determine the lowest bid for comparison and contractor selection purposes. The Contract Price for compensation and payment purposes remains the Bid price shown in the Bid Form.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

19.06 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within forty five (45) days after the day of the Bid opening. A Notice of Intent to Award will be sent to all Bidders via email, within forty (40) days after the date of Bid opening.

19.07 The Owner may reject a bid that does not comply with prescribed public contracting procedures and requirements, including the requirement to demonstrate the bidder’s responsibility under ORS 279C.375 (3)(b), and that the contracting agency may reject for good cause all bids after finding that doing so is in the public interest The Owner also reserves the right to reject any and all bids, and to waive any technicalities or informalities in connection with the bids. No Bidder may withdraw their bid until thirty (30) days after the bid opening.

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00200 – PAGE 14

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,

19.08 Any protest of award must be filed with the Owner within seven (7) calendar days of mailing of the Notice of Intent to Award.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by the required bonds and insurance documentation required Performance Bond or in lieu of this bond, a certified or cashier’s check put in an escrow account and Payment Bond. The Contractor shall use the EJCDC bond forms contained in the Contract Documents.

20.02 Article 6 of the General Conditions and the related Supplementary Conditions set forth insurance requirements. When the successful Bidder returns the executed Agreement to Owner signature, it shall be accompanied by certificates of insurance (and other evidence of insurance requested by Owner), which Contractor is required to purchase and maintain in accordance with the General Conditions, and related Supplementary General Conditions. On return of the signed Agreement to Contractor, Owner shall deliver any certificate of insurance that Owner is required to purchase and maintain in accordance with the General Conditions and related Supplementary Conditions.

20.03 Article 6 of the Supplementary Conditions set forth Owner’s requirements as to public works bond. Before Successful Bidder starts work on the Project, the Successful Bidder and every subcontractor of the Successful Bidder must have a public works bond filed with the Construction Contractors Board unless exempt under ORS279C.800-870.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

A. The Effective Date of the Agreement will be filled in by the Owner after receiving the required signed documents.

21.02 When the successful Bidder returns the executed Agreement to Owner for Owner’s signature, it shall be accompanied by proof that successful Bidder has an employee drug-testing program in place. Such proof may include a copy of the successful Bidder’s adopted policy or program for employee drug testing.

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Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from [_____] state sales and use taxes on materials and equipment to be incorporated in the Work. (Exemption No. [_____]). Said taxes shall not be included in the Bid.

Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

The State of Oregon has no sales tax.

ARTICLE 23 – CONTRACTS TO BE ASSIGNED

23.01 Does not apply

ARTICLE 24 – PREVAILING WAGE RATES

24.01 The Prevailing Wage Rates of the State of Oregon (ORS 279C.800 to 279C.870) apply to this public works project. The Owner will not receive or consider a bid unless the bid contains a statement by the bidder that the bidder will comply with ORS 279C.840.

ARTICLE 25 – RETAINAGE

25.01 In accordance with ORS 279.550 through 279C.570, retainage will be withheld from progress payments at a rate of 5% of the value of the work completed to date.

ARTICLE 26 – SPECIAL REQUIREMENTS

26.01 All bidders must be “equal opportunity employers” and comply with the appropriate provisions of state and federal law. In addition, all bidders are required to comply with ORS 656.017 regarding workers’ compensation. Bidder, Contractor, and Subcontractors are required to be registered with the Construction Contractors Board. Bidder, Contractor and Subcontractors are not required to be licensed under ORS 468A.720 for asbestos abatement.

26.02 Owner may not accept or consider a bid unless the Bidder is licensed by, and is in good standing with, the Oregon State Construction Contractors Board. In addition, the Bidder must be listed on the List of Parties Excluded from Federal Procurement and Non-procurement Programs published by the General Services Administration.

SECTION 00400

BID DOCUMENTS

SOUTHWESTERN OREGON COMMUNITY COLLEGE BID DOCUMENTS

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS SECTION 00400 – PAGE 1

FIREFIGHTER TRAINING FACILITY IMPROVEMENTS

Owner Project No: 2023-04 Engineer Project No: 2023-030

TABLE OF CONTENTS

00410 – Bid Forms

ARTICLE 1 – Bid Recipient

ARTICLE 2 – Bidder’s Acknowledgements

ARTICLE 3 – Bidder’s Representations

ARTICLE 4 – Bidder’s Certification

ARTICLE 5 – Basis of Bid

Contract Documents

ARTICLE 6 – Time of Completion

ARTICLE 7 – Attachments to this Bid

ARTICLE 8 – Defined Terms

ARTICLE 9 – Bid Submittal

C-430 – Bid Bond

00435 – First Sub-Tier Subcontractor Disclosure Form

00451 – Bidder’s Prequalification Form

00461 – Non-Collusion Affidavit

00469 – Responsibility Affidavit

00471 – Company Evidence of Employee Drug-Testing Program

SOUTHWESTERN OREGON COMMUNITY…