RFP_N_Albany_Park_Restroom.pdf

REQUEST FOR PROPOSAL

AND

CONTRACT DOCUMENTS

BENTON COUNTY, OREGON

NORTH ALBANY PARK RESTROOM

2800 Hillcrest Street

Albany, OR 97321

Benton County Board of Commissioners

Patrick Malone, Commissioner Xanthippe Augerot, Commissioner

Nancy Wyse, Commissioner

January 5th, 2024

Tomi Douglas Natural Areas Parks and Events (NAPE) Director

DocuSign Envelope ID: 97366B95-E8BE-4115-B38A-E8BC20048CF2

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________NORTH ALBANY PARK RESTROOM_________

Contents Section A

ADVERTISEMENT FOR BIDS

BIDDER’S INSTRUCTIONS CHECKLIST

Section B

BID PROPOSAL

CONTRACTOR'S PROPOSAL

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

EMPLOYEE DRUG TESTING PROGRAM CERTIFICATION FORM

BID BOND

Section C

BENTON COUNTY CONSTRUCTION CONTRACT

Section D

SPECIAL PROVISIONS

TECHNICAL SPECIFICATIONS

Section E

EXHIBIT A – CERTIFICATION OF INSURANCE REQUIREMENTS

FORM OF RETAINAGE

PERFORMANCE AND PAYMENT BOND

STANDARD PROVISIONS:

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

CONSTRUCTION DRAWINGS: ATTACHED

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Section A Public Improvement

Advertisement for Bids

ADVERTISEMENT FOR BIDS

Benton County invites bids for the construction of a new four (4) unit/user restroom structure for North Albany Park.

BRIEF DESCRIPTION OF WORK TO BE PERFORMED

The proposed work generally consists of furnishing all labor, equipment, materials, permits, and supervision for the construction of the North Albany Park Restroom located at 2800 Hillcrest St. in Albany Oregon per Contract Documents.

Plans, specifications, and bid documents will be available on Friday, January 5th, 2024, in the office of the Natural Areas Parks and Events (NAPE) Department, 110 SW 53rd Street, Corvallis, Oregon at no cost or viewed at https://www.co.benton.or.us/rfps. Bidders shall be responsible for checking the aforementioned website for any Addendums or clarifications to the bid documents. The Benton County Standard Provisions are posted on the Public Works Department page https://www.co.benton.or.us/publicworks/page/information-and-standard-drawings/ and will be part of the final signed contract documents.

A mandatory Pre-Bid Walkthrough will be held at 9:00AM (PST) Wednesday, January 17th, 2024 Location: North Albany Park, 2800 Hillcrest Street, Albany, OR 97321

To be considered for award the following conditions must be met:

1) Bidders must prequalify in accordance with ORS 279C.430 and provisions of public contracting rules as adopted by Benton County at least two days prior to the date of the bid opening.

2) Bidders must be prequalified for the following work classes:

a) Buildings

Prequalification can be met by bidder submitting Oregon Department of Transportation prequalification or providing two (2) to three (3) examples of similar construction projects completed.

3) The Bid Proposal must be submitted on the prescribed form and shall contain a statement by the bidder that the bid complies with the provisions of ORS 279C.800 to 279C.870, and contain a statement as to whether the bidder is a resident bidder as defined in ORS 279A.120.

DocuSign Envelope ID: 97366B95-E8BE-4115-B38A-E8BC20048CF2 https://www.co.benton.or.us/rfps https://www.co.benton.or.us/publicworks/page/information-and-standard-drawings/

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4) The Contractor must be registered with the Oregon Construction Contractors Board and shall have the appropriate license necessary to perform the work under this bid, or the State Landscape Contractors Board in order for his/her bid to be considered on construction contracts.

5) The Bid Proposal must be accompanied by cash, cashier's check, certified check or bid bond payable to Benton County, Corvallis, Oregon, in an amount not less than ten percent (10%) of the total bid amount.

6) The CONTRACTOR shall, within two working hours of the date and time of the deadline when the bids are due to the COUNTY, submit to the COUNTY a disclosure of any first-tier subcontractor that will be furnishing labor or materials in connection with the public improvement and whose contract value is equal to or greater than:

a) Five percent of the total project bid or $15,000, whichever is larger; or

b) $350,000, regardless of the percentage of the total project bid.

c) The disclosure of first-tier subcontractors shall include:

(1) The name and address of each subcontractor;

(2) The registration number assigned to the subcontractor by the Oregon Construction Contractors Board if the subcontractor is required to have a certificate of registration issued by the board;

(3) The category of work that each subcontractor will perform; and the amount of the contract of the subcontractor.

7) Each bidder must identify whether they are a resident bidder as defined in ORD 279A.120.

8) Return the entire contract and proposal documents. Bid must be in writing, sealed, marked plainly as NORTH ALBANY PARK RESTROOM PROJECT, and received by Shane Galloway – Project Manager, Ari Annachi – Administrative Assistant, or Jennifer Ficek – Administrative Manager, Benton County Department of Natural Areas Parks and Events at 360 SW Avery Avenue, Corvallis, Oregon, 97333 by 2:00 p.m. PST local time on January 31st, 2024, at which time the bids will be publicly opened and read.

All bidders must submit a list of their first-tier subcontractors no later than 4:00 p.m.

local time that same day.

Bids submitted after the date and time specified above shall not be accepted.

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Benton County reserves the right to reject any or all bids, to postpone the award of the contract for a period not to exceed thirty (30) days, and to accept that proposal which is in the best interest of the County.

Dated this 5th day of January, 2024

Benton County, Oregon

By ______________________________ Tomi Douglas Director of Natural Areas Parks and Events

PUBLISH: January 5th, 2024, Gazette Times and January 4th, 2024 Daily Journal of Commerce

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BIDDER’S INSTRUCTIONS CHECKLIST

Bidder’s attention is called to the following forms which must be executed in full as required:

A. BID FORM (S): Each bidder shall complete the bid form(s). Prices must be shown in the spaces provided and must be expressed in both words and figures. Where conflict occurs, written or typed words shall prevail.

B. BID BOND: This form is to be executed by bidder and bidder’s Surety. The amount of cash, certified check, cashier’s check, irrevocable letter of credit or Bid Bond shall not be less than 10% (ten percent) of the total Bid amount.

C. FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM: When the contract value is greater the $100,000, this form must be submitted by the bid submission deadline or within two working hours of such submission deadline. If no subcontractors will be used, the bidder must indicate “NONE” on the disclosure form. Failure to submit this form will result in the bid becoming non-responsive and such bid will not be considered for award.

D. DRUG TESTING PROGRAM CERTIFICATION FORM: This form must be submitted with the bid to demonstrate that bidder has an employee drug and alcohol testing program in place and will continue to keep the program in place throughout the duration of performing the Contract awarded.

The following forms are to be executed after the Contract is awarded:

A. CONSTRUCTION CONTRACT: This agreement is to be executed by the successful bidder.

B. PERFORMANCE AND PAYMENT BOND: Bonds are to be executed by the successful bidder and bidder’s Surety Company and submitted at the time of the Contract is executed.

C. PUBLIC WORKS WAGE CERTIFICATION Form: This form is to be completed in accordance with state law and submitted with the every request for payment.

D. CERTIFICATES OF INSURANCE: Certificates are to be executed by the successful bidder and bidder’s insurance companies and submitted at the time the Contract is executed.

E. Other Bond: If project is over $100,000, CONTRACTORS AND SUB-CONTRACTORS shall file a $30,000 Public Works Bond with the Construction Contractor’s Board.

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Section B Bid Proposal

BID PROPOSAL

Benton County Natural Areas Parks and Events (NAPE) 110 SW 53rd Street Corvallis, Oregon

The undersigned, hereinafter called the bidder, declares that the only persons or parties interested in the proposal are those named herein, that the proposal is in all respects fair and without fraud, that it is made without collusion with any official or employee of the County, and that the proposal is made without any connection or collusion with any person making another proposal on this Contract.

The bidder further declares that he has carefully examined the Contract documents for the construction of the proposed improvements; that he has personally inspected the site; that he has satisfied himself as to the quantities of materials, items of equipment, and conditions of work involved, including the fact that the description of the work and materials as included herein is brief and is intended only to indicate the general nature of such items and to identify the said quantities with the detailed requirements of the Contract documents; and that this proposal is made according to the provisions and under the terms of the Contract documents, which documents are hereby made a part of this proposal.

The bidder agrees that if this proposal is accepted, he will, within seven (7) calendar days after notification of acceptance, execute the Contract with the County in the form of Contract provided by the County, and will, at the time of execution of the Contract, deliver to the County the performance bond and insurance certificates required by the Contract. The Contractor further agrees, to the extent of this proposal, to furnish all necessary labor, equipment and tools to meet the requirements of this Contract, within seven calendar days of receiving formal written notice to proceed from the County.

The bidder further agrees to complete construction of all work in all respects as set forth in the Special Provisions and certifies that all provisions of Oregon Law (ORS 279C.840), relating to prevailing wage rates, and all other applicable provisions of ORS 279A, B and C are incorporated in and shall be complied with in making this proposal. Contractor shall ensure all employees are paid not less than the specified minimum hourly rate of wage if the project is subject to the prevailing wage rate law. Contractor certifies that it is not disqualified or debarred from entering into this contract under ORS 279B.130, 279C.440 and/or any applicable Federal compliance requirements in accordance with 2 CFR part 180.

In the event the bidder is awarded the Contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract documents, liquidated damages shall be paid to the County at the rate of Four Hundred dollars ($400.00) per day until the work shall have been finished, as provided by the Contract documents. It is agreed that the said sum is a fair measure of the amount of damage the County will sustain in case the

Page - 8 -work is not completed in a timely fashion. Sundays and legal holidays shall be excluded in determining days in default.

The bidder further proposes to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved, that they represent a true measure of the labor and material required to perform the work, including all allowance for overhead and profit for each type and unit of work called for in these Contract documents.

It is agreed that if the bidder is awarded the Contract for the work herein proposed and shall fail or refuse to execute the Contract and furnish the specified performance bond within seven (7) calendar days after receipt of notification of acceptance of his proposal, then, in that event, the bid security in the sum of _____________________________ Dollars ($_________________) deposited herewith according to the conditions of the Advertisement for Bids and Instructions to Bidders, shall be retained by the County as liquidated damages; and it is agreed that the said sum is a fair measure of the amount of damage the County will sustain in case the bidder shall fail or refuse to enter into the Contract for the said work and to furnish the performance bond as specified in the Contract documents. Bid security in the form of cash or a certified check shall be subject to the same requirements as a bid bond.

If the bidder is awarded a construction contract on the proposal, the surety who will provide the performance bond will be:

__________________________________________________ whose address is:

(Site Address)

City, State, Zip

The name of the bidder who has submitted this proposal is doing business at:

(Site Address)

City, State, Zip

(Mailing Address) City, State, Zip the latter which is the address to which all communications concerned with this proposal and with the Contract shall be sent.

The names of the principal officers of the corporation submitting this proposal, or of the partnership or of all persons interested in this proposal as principals, are as follows:

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(If sole proprietor or partnership)

In witness hereto the undersigned has set his (its) hand this_________ day of____________________________, 20_____.

Signature of Bidder

Title

(If corporation)

In witness whereof, the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this _____ day of_________________________________, 20____.

Name of Corporation

By

Title

Attest: ___________________________ Secretary

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Contractor's Proposal

CONTRACTOR'S PROPOSAL

ITEM TOTAL PRICE

NO. ITEM DESCRIPTION OF ITEM (in figures)

1. Lump Sum Construction of turnkey (NTE) restroom building. _________________

_____________________________________________________________dollars (written in words)

Total ___________________

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FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM

PROJECT NAME & NUMBER: NORTH ALBANY PARK RESTROOM PROJECT

BID SUBMITTAL DEADLINE: 2:00 P.M. DATE: January 31, 2024

DISCLOSURE FORM SUBMITTAL DEADLINE: 4:00 P.M. DATE: January 31, 2024

This form must be submitted no later than 4:00 p.m. on the same day the bids are due in the County Public Works Office. Any and all bids received after the bid submittal deadline, or for which this First-Tier Subcontractor Disclosure Form has not been received by 4:00 p.m. will not be considered and will be returned to the bidder.

List below the name, address, subcontract dollar value, category of work, Construction Contractor Board (CCB) registration or State Landscape Contractors Board (SLCB) license number if applicable, contact name and telephone number of each subcontractor that will be furnishing labor or materials with dollar value equal to or greater than:

a) 5% of the total Contract price, but at least $15,000 (including all alternates); or

b) $350,000 regardless of the percentage of the total Contract price.

Note: You must enter "NONE", sign and submit the form if there are no subcontractors that need to be disclosed. (Attach additional sheets if needed.)

Firm Name CCB/SLBC Number/Work Type

Address Category of work

City, State, Zip Subcontract Amount

Firm Name CCB/SLBC Number/Work Type

Address Category of work

City, State, Zip Subcontract Amount

NOTE: FAILURE TO SUBMIT THIS FORM BY THE 4:00 P.M. DISCLOSURE DEADLINE WILL RESULT IN

A BID BECOMING NON-RESPONSIVE AND SUCH BID WILL NOT BE CONSIDERED FOR AWARD.

Form Submitted By (Bidder Name): ________________________________________

Form Received in the County Public Works Office:

Time: ____________ Date: ______________________ By: ___________________

Note: Unless otherwise stated in the original Invitation to Bid, this form shall not be faxed. It is the responsibility of the Bidder to ensure timely receipt of the Form by the Public Works Office.

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EMPLOYEE DRUG TESTING PROGRAM

CERTIFICATION FORM

BIDDER’S NAME: ____________________________________________

PROJECT NAME & NUMBER: __________________________________

ORS 279C.505(2) provides that every public improvement contract contain a condition that the Contractor shall demonstrate that an employee drug testing program is in place. The County’s award of the Contract for which this certificate is required is conditioned, in part, upon the Bidder’s demonstration of compliance with the provisions of ORS 279C.505. If the Bidder named above is awarded the Contract, this certificate shall become a part of, and shall constitute a continuing representation and warranty under, the Contract.

To induce the County to award the Contract to the Bidder, the undersigned, as the duly authorized representative of the Bidder, hereby represents and warrants, on behalf of the above named Bidder:

1. The Bidder has and enforces, and all times during the term of the Contract will have and enforce, a written employee drug testing;

2. A copy of the Bidder’s current written employee drug testing policy will be available for inspection by the County at any time upon the County’s request; and

3. The Bidder understands and agrees that its representations and warranties herein will become a continuing part of the Contract and that breach of any of the foregoing will be sufficient grounds for disqualification under 279C.440(2)(d).

4. The Contractor has provided each employee with a copy of the drug testing policy.

The County shall not be liable, either directly or indirectly, in any dispute arising out of the substance or procedure of Bidder/Contractor’s drug testing program. Nothing in this drug testing provision shall be construed as requiring Bidder/Contractor to violate any legal, including constitutional, rights of any employee, including but not limited to, selection of which employees to test and the manner of such testing. The County shall not be liable for Bidder/Contractor’s negligence in establishing or implementing, or failure to establish or implement, a drug testing policy, or for any damage or injury caused by Bidder/Contractor’s employees acting under the influence of drugs while performing work covered by the Contract. These are Bidder/Contractor’s sole responsibilities.

In Witness Whereof, the Bidder has caused this document to be executed by its duly authorized representative on the date shown below.

Signature: ______________________________________________

Printed Name, Title: _______________________________________

Date: ___________________________________________________

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Bid Bond

BID BOND

KNOW ALL MEN BY THESE PRESENTS: That we, ________________________ of _____________________________________________(hereinafter called the principal), as principal, and ____________________________________________________

(hereinafter called the surety), are held and firmly bound unto:

Benton County, Oregon (hereinafter called the obligee) in the penal sum of _______________________________________ Dollars ($_____________) for the payment of which the principal and the surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the principal has submitted or is about to submit a proposal to the obligee on a Contract for:

NOW, THEREFORE, if the said Contract be timely awarded to the principal and the principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect.

Signed and sealed this ___________ day of _____________________, 20____.

(Seal) Principal

Witness Title

Surety

By _____________________________________ Attorney-in-Fact

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Section C Contract Agreement

BENTON COUNTY CONSTRUCTION CONTRACT

In consideration of the covenants set forth below ___________________________ _____________________ referred to as CONTRACTOR and BENTON COUNTY, OREGON, a political subdivision of the State of Oregon, acting by and through its Public Works Contracting Officer, hereinafter referred to as COUNTY, mutually contract as follows:

I) CONTRACTOR agrees and covenants with COUNTY that they will furnish all tools, equipment, labor, and material necessary to perform and complete in a good and workmanlike manner the following work: the design and construction of a new four (4) unit/user restroom structure for North Albany Park located at 2800 Hillcrest Street in Albany, Oregon.

CONTRACTOR agrees to complete the work by AUGUST 1, 2024.

II) That the advertisement for bid, the signed bid proposal, the bid unit price schedules, the bid proposal bond, the fully executed Contract, the fully executed performance bond, the Benton County Standard Provisions, the Oregon Standard Specifications for Construction, the Oregon Commercial and Specialty Building Code, the Special Provisions, and the plans are hereby referred to and by reference made a part of this Contract. All work shall be done according to the terms, conditions and requirements of said Contract Documents.

III) COUNTY agrees to pay CONTRACTOR as outlined in the attached bid proposal. Retainage shall be an amount equal to 5% of said progress payment until the work has been completed. If the project is over $500,000, the CONTRACTOR shall fill out and submit Section E: Form of Retainage, in accordance with ORS 279C.560 and HB 2415, directing the COUNTY on how to manage the retainage. The Form of Retainage shall be submitted at the time the Contract is executed.

IV) This writing is intended both as the final expression of the agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the agreement. No modification of this agreement shall be effective unless and until it is made in writing and signed by both parties.

V) CONTRACTOR shall comply with all applicable federal, state and local laws, rules and regulations on nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, sexual orientation, gender identity or source of income. Contractor certifies that it is not disqualified or debarred from entering into this contract under ORS 279B.130, 279C.440 and/or any applicable Federal compliance requirements in accordance with 2 CFR part 180.

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VI) Background Checks: In order to perform work in secure areas in COUNTY buildings, CONTRACTOR and their sub contractors will need to submit to a criminal background check and have a Criminal Justice Information System (CJIS) clearance (which requires an online test). This process shall be coordinated with the Project Manager. In addition, CONTRACTOR will notify COUNTY when any employee is no longer in compliance with the security provisions of this background certification.

VII) CONFLICT OF INTEREST: CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The CONTRACTOR further covenants that in the performance of this contract no person having any such interest shall be employed.

VIII) INSURANCE: The CONTRACTOR as specified in the Benton County Standard Provisions and any subcontractors shall maintain insurance acceptable to the COUNTY (Section E) in full force and effect throughout the term of this contract. Workers’ Compensation Insurance: If CONTRACTOR employs one or more workers as defined in ORS 656.027 and such workers are subject to ORS 656.001 to 656.794, CONTRACTOR shall maintain currently valid workers’ compensation insurance covering all such workers. CONTRACTOR shall maintain this insurance throughout the period of this contract.

IX) CONTRACTOR shall abide by the provisions of ORS 279A, B and C, incorporated by this reference. It is expressly understood that this contract in all things shall be governed by the laws of the State of Oregon.

a) Status of Contractor: The parties intend that CONTRACTOR, in performing the services specified in this Contract, shall act as an independent contractor and shall have the control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of the COUNTY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits COUNTY provides its employees.

b) CONTRACTOR will not be eligible for any federal social security, state worker’s compensation, unemployment insurance, or Public Employees Retirement System benefits from this contract payment, except as a self-employed individual.

c) If this payment is to be charged against Federal funds, CONTRACTOR certifies that he is not currently employed by the Federal government and the amount charged does not exceed his normal charge for the type of service provided.

d) COUNTY will report the total amount of all payments to CONTRACTOR, including any expenses, in accordance with Federal Internal Revenue Service and State of Oregon Department of Revenue regulations. CONTRACTOR shall be responsible for any Federal or State taxes applicable to amounts paid under this contract.

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X) The CONTRACTOR shall:

a) Make payment promptly, as due, to all persons supplying to such CONTRACTOR labor or material for the prosecution of the work provided for in this contract

b) Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of this contract.

c) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, Municipal Corporation, or subdivision thereof, on account of any labor or material furnished.

d) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

e) Demonstrate that an employee drug testing program is in place and shall remain in place for the duration of this contract.

f) Ensure that no person shall be employed for more than ten (10) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, the employee shall be paid at least time and a half pay:

i) For all overtime in excess of eight (8) hours a day or forty (40) hours in any one week when the work week is five consecutive days, Monday through Friday; or

ii) For all overtime in excess of ten (10) hours a day or forty (40) hours in any one week when the work week is four consecutive days, Monday through Friday; or

iii) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.

g) If this contract is subject to the prevailing wage rate law per ORS 279C.836, and where the project is over $100,000 the Contractor and SUB-CONTRACTORS must file a $30,000 Public Works Bond with the Construction Contractor’s Board to be used exclusively for unpaid wages determined to be due by BOLI, unless the project meets other exclusions identified in this section or ORS 279C.836. Contractor shall verify Public Works Bond filing for any subcontractors prior to starting work on the project.

XI) In the event CONTRACTOR or first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this public improvement contract within 30 days after receipt of payment from COUNTY or a contractor, the CONTRACTOR or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(3) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

The rate of interest charged to the CONTRACTOR or first-tier subcontractor on the amount due

Page - 17 -shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from COUNTY or from the contractor, but the rate of interest shall not exceed 30 percent. The amount of interest may not be waived. If the CONTRACTOR or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

CONTRACTOR BENTON COUNTY

______________________________ By__________________________

Principal Tomi Douglas NAPE Director and Contracting Officer

Name Title

Date Date

________________________________ Approved as to Form:

Employer I.D. Number or Social Security Number

Contractor’s Board Number County Counsel

Date

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CONTRACTOR - SIGN THE FOLLOWING AFFIDAVIT IF YOU ARE AN OWNER/OPERATOR BUSINESS.

AFFIDAVIT OF OWNER/OPERATOR BUSINESS

CONTRACTOR declares that s/he does not currently employ, and will not employ any individuals for work under this contract during the term this contract is in force.

Principal

Date

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Section D Special Provisions

SPECIAL PROVISIONS

SCOPE OF PROJECT AND GENERAL INFORMATION

North Albany Park is twenty-two (22) acres of land purchased by Benton County in 1970 with construction of the Park’s original features and amenities taking place over the next few years. At the time, the North Albany area was rural in nature and simply an outlying area of Benton County.

The features incorporated into North Albany Park at the time of development were typical of those found in County Parks with the emphasis on preserving open space and providing facilities catering to picnicking, imaginative play, and open play. In the late 1980’s and early 90’s, North Albany’s residential population began to grow, and North Albany was annexed into the City of Albany in 1991. Since annexation, 1,600 new homes have been constructed in North Albany with several dense residential subdivisions constructed immediately adjacent to the Park boundaries. Today North Albany Park is completely surrounded by residences and residential subdivisions.

For questions regarding this RFP, please contact one of the below listed Benton County Natural Areas, Parks and Events (NAPE) representatives:

• Jesse Ott, Deputy Director jesse.ott@bentoncountyor.gov

• Shane Galloway, Project Manager shane.galloway@bentoncountyor.gov 541 760-3741

• Leanna Buck, Administrative Specialist leanna.buck@bentoncountyor.gov 541 766-6521

Scope of Project and Location

General Contractor (GC) for the design and construction of a four (4) unit/user restroom facility located at 2800 Hillcrest St. Albany OR 97321. GC will be responsible for initiating project, securing permits and engineering information as needed, managing, and constructing a turnkey restroom structure with-in North Albany Park, Benton County OR.

Pre-bid

A mandatory pre-bid walk through will be held 9:00AM PST on Wednesday, JANUARY 17th, 2024 at North Albany Park, 2800 Hillcrest Street, Albany, OR 97321.

Sub-contractors

All sub-contractors may attend pre-construction conference.

Award

Award will be made to the lowest qualified bid for the project.

Payment

DocuSign Envelope ID: 97366B95-E8BE-4115-B38A-E8BC20048CF2 mailto:jesse.ott@bentoncountyor.gov mailto:shane.galloway@bentoncountyor.gov mailto:leanna.buck@bentoncountyor.gov

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Payment for the various items of work shall be made at the Contract unit prices or adjusted unit prices as set forth herein. Such payment shall constitute full compensation for all labor, tools, equipment, materials, permitting, and cleanup required for a complete operating project. All incidental items of work for a complete project for which pay items do not appear shall be included in the prices bid for the various other items to which they are incidental.

COUNTY and/or CONTRACTOR shall withhold 25% of amounts owed if certified payrolls are not submitted as required by BOLI.

Prevailing Wages

Prevailing wage rates are incorporated in this bid document by reference. Find those rates at:

http://www.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml. At final contract signing, applicable rates on bid opening date will be included.

Completion Date

All work shall be completed by AUGUST 1, 2024.

Notification of Construction Schedule

The Contractor shall notify the Project Manager and NAPE Director of the date construction will begin at least five (5) days prior to that date. The Contractor shall also notify the inspector at least 48 hours prior to the re-commencement of construction after any temporary work halt.

Permits

CONTRACTOR shall be responsible for all permits.

Traffic Control

Traffic protection is the sole responsibility of the Contractor and shall be in accordance with MUTCD. The Contractor shall submit a signing plan prior to starting work.

The Contractor shall provide and maintain flaggers, barricades, and signs throughout the course of the project, as necessary, to warn the public at all times on right of way and easements affected by work operations.

Schedule Summary

• RFP Published – Friday, January 5th, 2024

• Mandatory Pre-Bid Walkthrough – 9:00AM (PST) Wednesday, January 17th, 2024 o Location: North Albany Park, 2800 Hillcrest Street, Albany, OR 97321

• RFP Bids Due/Opened – 2:00PM (PST) Wednesday, January 31st, 2024 o First-Tier Subcontractor Forms Due – 4:00PM (PST) Wednesday, January 31st, 2024

• Contract Awarded – February 2024

• Work Completed – August 1, 2024 http://www.oregon.gov/BOLI/WHD/PWR/pwr_book.shtml

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TECHNICAL SPECIFICATIONS

All work performed by the contractor shall conform to Oregon Commercial and Specialty Building Code respectively and any applicable provisions in the Oregon Standard Construction Specifications.

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Section E Insurance Requirements

EXHIBIT A – CERTIFICATION OF INSURANCE REQUIREMENTS

Contractor shall at all times maintain in force at Contractor’s expense for insurance noted below.

Workers’ Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers’ compensation coverage in accordance with ORS Chapter 656 or CCB (Construction Contractors Board) for all subject workers. Contractor and all subcontractors of Contractor with one or more employees must have this insurance unless exempt under ORS

656.027. Employer’s Liability Insurance with coverage limits of not less than $1,000,000 must be included. THIS COVERAGE IS REQUIRED. If Contractor does not have coverage, and claims to be exempt, Contractor must indicate exemption within their Bid/Proposal submittal letter with qualified reasons for exemption, see ORS 656.027. Out-of-state Contractors with one or more employees working in Oregon in relation to this contract must have Workers’ Compensation coverage from a state with extraterritorial reciprocity, or they must obtain Oregon specific Workers’ Compensation coverage ORS 656.126.

Professional Liability insurance covering any damages caused by error, omission or any negligent acts of the Contractor, its subcontractors, agents, officers, or employees’ performance under this Contract. Combined single limit per occurrence shall not be less than $2,000,000. Annual aggregate limit shall not be less than $2,000,000.

☐ If this box is checked, the limits shall be $1,000,000 per occurrence and $1,000,000 in annual aggregate.

☒ Required by County ☐ Not Required by County

Commercial General Liability insurance with coverage satisfactory to the County on an occurrence basis. Combined single limit shall not be less than $2,000,000 per occurrence for Bodily Injury and Property Damage and annual aggregate limit for each shall not be less than $2,000,000.

Coverage may be written in combination with Automobile Liability Insurance (with separate limits).

Annual aggregate must be on a “per project basis”.

☐ If this box is checked, the limits shall be $1,000,000 per occurrence and $2,000,000 in annual aggregate.

☐ If this box is checked, the limits shall be $5,000,000 per occurrence and $5,000,000 in annual aggregate.

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Automobile Liability covering all owned, non-owned, or hired vehicles. If there are no owned autos this coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per accident shall not be less than $2,000,000.

☐ If this box is checked, the limits shall be $1,000,000 per accident.

☐ If this box is checked, the limits shall be $5,000,000 per accident.

Property of Others in Transit (Cargo) covering all County owned property / equipment being hauled by contractor. Limit per occurrence shall not be less than $100,000.

☐ Required by County ☒ Not Required by County

Coverage must be provided by an insurance company authorized to do business in Oregon or rated by A.M. Best’s Insurance Rating of no less than A-VII or County approval. Contractor’s coverage will be primary in the event of loss. Contractor shall furnish a current Certificate of Insurance to the County. Contractor is also responsible to provide renewal Certificates of Insurance upon expiration of any of the required insurance coverage.

Contractor shall immediately notify the County of any change in insurance coverage. The certificate shall also state the deductible or retention level. The County must be listed as an Additional Insured by endorsement of any General Liability Policy on a primary and non-contributory basis. Such coverage will specifically include products and completed operations coverage.

The Certificate shall state the following in the description of operations: “Additional Insured Form (include the number) attached. The form is subject to policy terms, conditions and exclusions”. A copy of the additional insured endorsement shall be attached to the certificate of insurance. If requested complete copies of insurance policies shall be provided to the County.

Certificate holder should be: Benton County Natural Areas Parks and Events (NAPE) Department, 110 SW 53rs Street, Corvallis OR 97333. Certificates of Insurance can be e-mailed to NAPE Department, bccontracts@bentoncountyor.gov

Contractor’s Acceptance: see attached signature page Completed at County by: Vance M. Croney mailto:bccontracts@bentoncountyor.gov

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Form of Retainage

FORM OF RETAINAGE

(FOR PROJECTS OVER $500,000)

BIDDER’S NAME: ____________________________________________

PROJECT NAME: _______________________________________________________

County Project Number: ____________________________________________

As of January 1, 2020, Oregon Law provides three options for managing retainage for construction projects over $500,000 in value. As contractor for the above-named project, which is over $500,000 in value, your firm may choose to either:

(a) Deposit a bond, or securities or other instruments with the County or in a bank or trust company, and have no retainage withheld, as described in ORS 279C.560(4),

(b) Have the County place the retainage as it is earned in an interest-bearing bank account, at no cost to you, and after completion you will receive all of the interest earned along with your retainage, pursuant to ORS 279C.560(5), or

(c) Have the County place the retainage as it is earned in an interest-bearing escrow account, where you will be responsible for the costs of the escrow, and will receive the interest along with your retainage, with the amount reduced by the fees charged by the escrow agent.

If you do not choose option (a) or (b), then the default method required by the law under HB 2415 (2019) will be that the retainage goes into an escrow account as described in (c). You should be aware, however, that under option (c) it is possible that the escrow fees to be deducted could be as much as or greater than the interest earned on the retainage. There is no charge or deduction for option (a) or (b).

Please indicate the method your firm prefers for the retainage on this project by marking in the space provided next to the preferred option, and return this form to the County.

Signature: ______________________________________________

Printed Name, Title: _______________________________________

Date: ___________________________________________________

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Performance Bond

PERFORMANCE AND PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we, ____________________________________ as principal, and ___________________________________________________________________ duly authorized to transact surety business in Oregon, as surety, are jointly and severally held and bound unto Benton County in the sum of:

for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns or successors and assigns, firmly by these presents.

THE CONDITION OF THIS BOND IS SUCH

That, whereas the said principal herein has made and entered into a certain Contract, a copy of which is attached hereto, with Benton County, which Contract, together with the applicable Contract documents is by this reference made a part hereof, whereby the said principal agrees to perform certain work and to assume certain obligations, which things he agrees to do in accordance with the certain terms, conditions, requirements, plans and specifications set out in said Contract.

NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms, conditions, and provisions of the said Contract, in all respects, and shall well and truly and fully do and perform all matters and things by him undertaken to be performed under said Contract, upon the terms set forth therein, and within the time prescribed therein, or as extended as provided in the applicable Contract documents, and shall indemnify and save harmless Benton County, the Benton County Board of Commissioners, and members thereof, its officers, employees, and agents, against any direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the said Contract by the said Contractor or his subcontractors; and shall make payment promptly, as due, to all subcontractors and to all persons supplying to the Contractor or his subcontractors equipment, supplies, labor or materials for the prosecution of the work or any part thereof, provided for in said Contract, and shall pay all contributions or amounts due the State Industrial Accident Fund and the State Unemployment Compensation Trust Fund from the Contractor or his subcontractors incurred in the performance of said Contract, and pay all sums of money withheld from the Contractor's employees and payable to the State Tax Commission pursuant to ORS 316; and shall pay all other just debts, dues and demands incurred in the performance of the said Contract and shall pay Benton County, such damages as may accrue to the County under said Contract and shall in all respects perform said Contract according to law, then this obligation is to be void, otherwise to remain in full force and effect.

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Witness our hands this ___________day of______________________, 20_____.

Principal

_____________________________ By:______________________________

Title:____________________________

_____________________________ By:_____________________________ Surety attorney-in-fact

Title:____________________________

Principal

By:______________________________

Title:____________________________

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STANDARD PROVISIONS:

https://www.co.benton.or.us/publicworks/page/information-and-standard-drawings

PREVAILING WAGE RATES:

CONSTRUCTION DRAWINGS: ATTACHED

https://www.co.benton.or.us/publicworks/page/information-and-standard-drawings

FOR

REFERENCE

ONLY

Attachment A

ONLY

STANDARD

PROVISIONS

PUBLIC WORKS DEPARTMENT

Revised 2017

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BENTON COUNTY STANDARD PROVISIONS

Table of Contents

ABBREVIATIONS

DEFINITIONS

I. PROPOSAL REQUIREMENTS AND CONDITIONS

Proposal Forms Modification of Proposal Withdrawal of Proposal Proposal Guarantee Amount of Work to be Done Examination of Plans, Specifications, Special Provisions and Site of Work Interpretation of Contract Document Familiarity with Laws and Regulations Disqualification of Bidders

II. AWARD AND EXECUTION OF CONTRACTS

Award of Contract Execution of Contract Failure to Execute Contract Performance Bond

III. SCOPE OF WORK

Intent of Contract Inconsistencies and Omissions Alterations Extra Work Contract Documents Detours Final Cleaning Up

IV. CONTROL OF WORK

Authority of Engineer & Project Manager Agency Representatives Inspection Plans Conformity with Plans an Allowable Deviations Coordination of Plans, Specifications, and Special Provisions Interpretation of Plans and Specifications Lines and Grades Responsibility of the Contractor Equipment Existing Utilities Protection of Survey Monuments Removal of Defective and Unauthorized Work Maintenance of Work During Construction Dust Control

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Final Inspection

V. CONTROL OF SUPPLY AND QUALITY OF MATERIALS

Source of Supply and Quality of Materials Defective Materials Samples and Tests Trade Name and Alternatives

VI. LEGAL RELATIONS AND RESPONSIBILITY

Laws to be Observed Permits and Licenses Assignment Subcontracting Other Contracts Contractor's Responsibility for Worksite Insurance Patents Taxes and Charges Wage Rates Payment of Obligations Public Safety and Convenience Personal Safety Protection of Property Indemnity Disposal of Materials Guarantee and Correction of Defective Work

VII. PROSECUTION AND PROGRESS

Preconstruction Conference Construction Schedules Progress of the Work Contract Time Temporary Suspension of Work Delays and Extensions Liquidated Damages Conflicts, Errors, and Omissions Character of Workers County's Right to do Work County's Right to Terminate Contract Cleaning Up

VIII. MEASUREMENT AND PAYMENT

Measurement of Quantities Scope of Payment Payment and Compensation for Altered Quantities Extra Work & Force Account Work Partial Payment Final Payment

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ABBREVIATIONS

AASHTO ----------- American Association of State Highway and Transportation Officials ACI -------------------------------------------------------------------- American Concrete Institute AGC ------------------------------------------------ Associated General Contractors of America AIA --------------------------------------------------------------- American Institute of Architects AISC ---------------------------------------------------- American Institute of Steel Construction AISI -------------------------------------------------------------- American Iron and Steel Institute ANSI ------------------------------------------------------- American National Standards Institute APWA ------------------------------------------------------- American Public Works Association ASCE ------------------------------------------------------- American Society of Civil Engineers ASME ---------------------------------------------- American Society of Mechanical Engineers ASTM ---------------------------------------------- American Society for Testing and Materials AWPA --------------------------------------------------- American Wood Preservers Association AWS -------------------------------------------------------------------- American Welding Society AWWA ----------------------------------------------------- American Water Works Association DEQ ------------------------------------------------------- Department of Environmental Quality EPA ------------------------------------------------------------- Environmental Protection Agency FHWA ---------------------------------------------------------- Federal Highway Administration ITE -------------------------------------------------------------------- Institute of Traffic Engineers MUTCD ------------------------------------------ Manual on Uniform Traffic Control Devices NEC ----------------------------------------------------------------------- National Electrical Code ORS ------------------------------------------------------------------------ Oregon Revised Statutes OSHA -------------------------------------------- Occupation Safety and Health Administration ODOT ----------------------------------------------------- Oregon Department of Transportation PCA ------------------------------------------------------------------- Portland Cement Association SAE ------------------------------------------------- Society of American Automotive Engineers UBC ------------------------------------------------------------------------ Uniform Building Code UL ----------------------------------------------------------------- Underwriter's Laboratories, Inc.

WWPA ------------------------------------------------------ Western Wood Products Association

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DEFINITIONS

Acts of God A natural phenomenon of such catastrophic proportions or intensity as would reasonably prevent performance.

Advertisement The public announcement (notice to contractors) inviting bids for work to be performed or materials to be furnished.

Approved Equal A product, component or process whose use in or on a particular project is specified as a standard for comparison purposes only. The "equal" product, component or process shall be the same or better than that named in function, performance, reliability, quality and general configuration.

Bid Bond The approved security furnished by the contractor in the form of a cashier’s check or the surety bond for bid guarantee.

Bidder An Entity that submits a Bid in response to an invitation to bid.

Change Order A written order approved by the County and issued by the Engineer or Project Manager to the Contractor, covering changes in the plans, specifications, or quantities within the scope of the Contract.

Contract The written agreement between the county and contractor including without…