WWTP_Biosolids_Conveyor_FinalSpecs_10Aug2021.pdf

THE CITY OF NEWPORT

NEWPORT, OREGON

O R EG O N

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

VANCE AVERY WASTEWATER TREATMENT

PLANT

Biosolids Conveyor Replacement Project

August 2021

City of Newport

169 SW Coast Highway

Newport Oregon, 97365

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Newport Biosolids Conveyor Replacement Seals Page

19-2673.01 00 01 07 - 1

SECTION 00 01 07 - SEALS PAGE

FOR

BIOSOLIDS CONVEYOR REPLACEMENT

FOR

CITY OF NEWPORT

See Table of Contents for author of each specification section, identified by author’s initials as follows:

AUTHOR’S NAME = INITIALS

JUSTIN S. MOMAN = JSM

JIM E. MITCHELL = JEM

Justin S. Moman Jim E. Mitchell

DocuSign Envelope ID: 7F1DBE4D-1532-4EFE-A5F2-83D8702A7F08

8/10/2021

12/31/2022RENEWS

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Newport Biosolids Conveyor Replacement Table of Contents

19-2673.01 00 01 10 - 1

SECTION 00 01 10 – TABLE OF CONTENTS

FOR

BIOSOLIDS CONVEYOR REPLACEMENT

FOR

CITY OF NEWPORT

Person

Section Responsible Title Page

BIDDING PHASE DOCUMENTS

00 11 13 JSM Advertisement for Bids (EJCDC C-111) 1-2

00 21 13 JSM Instructions to Bidders (EJCDC C-200) 1-11

00 41 13 JSM Bid Form (EJCDC C-410) 1-5

00 43 13 JSM Bid Bond (EJCDC C-430) 1-2

00 43 37 JSM First-Tier Subcontractor Disclosure Form (EJCDC C-440) 1-2

00 45 13 JSM Qualifications Statement (EJCDC C-451) 1-12

OWNER-CONTRACTOR AGREEMENT FORMS

00 51 00 JSM Notice of Intent to Award 1-1

00 52 13 JSM Agreement Between Owner and Contractor for Construction

Contract (EJCDC C-520) 1-7

CONTRACT COMMENCEMENT DOCUMENTS

00 55 00 JSM Notice to Proceed (EJCDC C-550) 1-1

00 61 13.13 JSM Performance Bond (EJCDC C-610) 1-4

00 61 13.16 JSM Payment Bond (EJCDC C-615) 1-4

CONTRACT ADMINISTRATION FORMS

00 62 76 JSM Contractor’s Application for Payment (EJCDC C-620) 1-1

00 63 49 JSM Work Change Directive (EJCDC C-940) 1-1

00 63 63 JSM Change Order (EJCDC C-941) 1-1

00 65 16 JSM Certificate of Substantial Completion (EJCDC C-625) 1-2

CONTRACT TERMS AND CONDITIONS

00 72 00 JSM Standard General Conditions of the Construction Contract

(EJCDC C-700) 1-75

00 73 01 JSM Supplementary Conditions (EJCDC C-800) 1-23

00 73 46 JSM Wage Determination Schedule 1-1

19-2673.01 00 01 10 - 2

SUPPLEMENTARY INFORMATION

Horizontal Shaftless Screw Conveyor Drawings by Austin Mac 1-4

TECHNICAL SPECIFICATIONS

Division 01 - General Requirements

01 10 00 JSM Summary of Work 1-10

01 22 50 JSM Lump Sum Measurement and Payment 1-1

01 32 90 JSM Safety Plan 1-6

01 33 00 JSM Submittal Procedures 1-12

01 41 20 JSM Seismic Requirements for Non-Structural Components and

Systems 1-4

01 45 00 JSM Quality Control 1-4

01 50 50 JSM Mobilization 1-2

01 53 00 JSM Protection of Existing Facilities 1-3

01 55 50 JSM Site Access and Storage 1-3

01 60 00 JSM Product Requirements 1-4

01 66 00 JSM Delivery, Storage, and Handling 1-3

01 75 16 JSM Testing, Training, and System Startup 1-5

01 77 00 JSM Closeout Procedures 1-3

01 78 20 JSM Operation and Maintenance Data 1-4

Division 02 - Existing Conditions

02 41 00 JSM Demolition 1-5

Division 03 - Concrete

03 11 00 JSM Concrete Work 1-31

03 60 00 JSM Grouting 1-4

Division 04 - Masonry

NOT USED

Division 05 - Metals

05 50 00 JSM Metal Fabrications 1-18

Division 06 through Division 25

Division 26 - Electrical

26 05 00 JEM General Requirements for Electrical Work 1-16

26 05 05 JEM Selective Demolition for Electrical 1-2

26 05 19 JEM Low Voltage Conductors, Wires, and Cables 1-29

26 05 29 JEM Hangers and Supports for Electrical Systems 1-4

26 05 33 JEM Raceways, Boxes, & Fittings 1-20

26 05 53 JEM Identification for Electrical Systems 1-14

26 08 00 JEM Commissioning of Electrical Systems 1-4

19-2673.01 00 01 10 - 3

26 29 23 JEM Low-Voltage Adjustable Frequency Drives 1-9

Division 27 through Division 39

Division 40 - Process Integration

40 61 13 JEM Process Control System General Provisions 1-10

40 61 21 JEM Process Control System Testing 1-6

40 61 26 JEM Process Control System Training 1-5

40 67 33 JEM Panel Wiring 1-5

40 78 16 JEM Indicating Lights 1-3

40 78 19 JEM Switches and Push Buttons 1-4

40 78 53 JEM Relays and Terminal Blocks 1-5

40 78 56 JEM Isolators Intrinsically-Safe Barriers and Surge Suppressors 1-8

Division 41 – Material Processing and Handling Equipment

41 12 13 JSM Screw Conveyor System 1-9

Division 42 through Division 48

END OF SECTION

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 11 13 - Page 1 of 2

ADVERTISEMENT FOR BIDS

CITY OF NEWPORT

NEWPORT, OREGON

WWTP BIOSOLIDS CONVEYOR REPLACEMENT PROJECT

Sealed Bids for the construction of the WWTP Biosolids Conveyor Replacement Project will be received, by The City of Newport, at the office of the City of Newport Public Works, Clare Paul, P.E. 169 SW Coast Highway Newport Oregon, 97365, until 2:00 pm local time on September 9, 2021, at which time the Bids received will be publicly opened and read during a teleconference. The Project includes improvements to the City of Newport’s wastewater collection and treatment facilities by furnishing all labor, materials, and equipment necessary for installing and start-up services for a replacement of the existing biosolids belt conveyor to a shaftless screw configuration, modification of existing supports to accommodate the new conveyor system, modification of the existing SCADA and electrical system configuration for the new conveyor system, and demolition and disposal of the existing belt conveyor system and any other modifications necessary to accommodate the new configuration.

Required subcontractors:

1. Austin-Mac, Inc, 2739 6th Ave S, PO Box 3746, Seattle, WA 98124, 206-624-7066, Contact

Dave Martin at 206-624-7066 or dmartin@austinmacinc.com

2. The Automation Group (TAG), 46788 Isabella Street, Eugene, OR. 97402, Contact Gary Jenks at (541) 359-3755 or gjenks@tag-inc.us

Bids will be received for a single prime Contract. Bids shall be on a lump sum basis.

The Issuing Office for the Bidding Documents is: City of Newport 169 SW Coast Highway Newport Oregon, 97365, Clare Paul, P.E. 541-574-3370. Prospective Bidders may obtain copies of the Bidding Documents from the OregonBuys website as described below.

Contractors, vendors, and suppliers wishing to download the Bidding Documents may do so at the OregonBuys website, http://oregonbuys.gov. All contractors, vendors, and suppliers interested in the project must register through the ORPIN website so that they may receive addenda and other bidding information that may become available during the advertising and bid period. No other entity or plan center will issue addenda.

This job will be a prevailing wage job subject to Oregon Bureau of Labor and Industries (BOLI) standards.

Contractor and/or subcontractors performing work under this contract shall possess a State and City of Newport business License.

No bid will be considered unless fully completed in the manner provided in the Instructions to Bidders, and accompanied by a bid security, executed in favor of the Owner, in the amount not less than 10% of the total amount of the bid.

This contract is for public work and is subject to ORS 279C.800 to 279C.870 regarding prevailing wage rates. Licensing under ORS 468A.710 is not required. The contracting agency may cancel the http://oregonbuys.gov/

EJCDC® C-111, Advertisement for Bids for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 11 13 - Page 2 of 2 procurement or reject any or all bids in accordance with ORS 279B.100. Bidder shall submit certification of nondiscrimination in obtaining required subcontractors in accordance with ORS 279A.110 (4).

Failure to perform the scope of work identified in the invitation to bid or established performance standards may result in the City taking action that may include but is not limited to:

1) Reducing or withholding payment;

2) Requiring the contractor to perform, at the contractor’s expense, additional work necessary to perform the identified scope of work or meet the established performance standards; or

3) Declaring a default, terminating the public contract and seeking damages and other relief available. Contractor shall not assign the contract, delegate duties, or subcontract the delivery of goods or services without prior written approval of the City.

All questions relating to the project shall be directed to:

Clare Paul, PE

Assistant City Engineer c.paul@newportoregon.gov

169 SW Coast Highway

Newport, Or 97365

Phone: 541-574-3370

A pre-bid conference will be held at 2:00 PM local time on August 24, 2021 via Teleconference and In- Person at City Hall. There will be a site visit after the meeting. Attendance at the pre-bid conference is voluntary. Pre-Bid Teleconference number is 541-574-0637 Conference ID is 13016. Bid Opening teleconference number is 541-574-0637 Conference ID is 13016.

All statements made by the City of Newport at the voluntary pre-bid meeting are not binding upon the City of Newport unless confirmed by written addendum.

All bidders must identify as resident bidders in the State of Oregon.

The City of Newport reserves the right to reject all quotes for good cause or upon a finding of the City that it is in the public’s best interest to do so.

Dated this 11th day of August, 2021

By order of: Chris Janigo, PE, Acting City Engineer

City of Newport

+ + END OF ADVERTISEMENT FOR BIDS + +

EJCDC® C-200, Instructions to Bidders for Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page1 of 1

INSTRUCTIONS TO BIDDERS

FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 1 of 10

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, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents

(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is

Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use, nor does it grant or confer ownership or any property interest in the Bidding Documents and other documents distributed for the Project. Authorization to download documents, or other distribution, includes the right for Bidding Documents holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the Bidding Documents holder pays all costs associated with printing or reproduction. Paper or other types of printed documents may not be re-sold under any circumstances.

2.03 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination.

Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as Bidding Documents holders from the Bidding

Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding

Documents or other documents obtained from plan rooms or other such sources (such as other prospective bidders), or for a Bidder’s failure to obtain Addenda from a plan room.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to prospective Bidders as

Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor any bidder’s or the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 2 of 10

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph

2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within

10 days of Owner’s or Engineer’s request, Bidder must submit the following information:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the

Effective Date of the Contract. Such statement or certification, as applicable, shall be signed by the same officer of Bidder’s company that signed the Bid.

C. Bidder’s state contractor license number.

D. Subcontractor and Supplier qualifications.

E. Other required information regarding qualifications.

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 Bidders shall be experienced in the kind of Work to be performed, shall have or be able to obtain construction equipment necessary for the Work, and shall possess sufficient capital to properly perform the Work within the time allowed. Bids received from Bidders who have previously failed to complete work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show and document to Owner’s satisfaction that Bidder has the necessary ability, facilities, equipment, and resources to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the times specified. A Bid may be rejected if Bidder is already obligated for the performance of other work which would delay the commencement, prosecution or completion of the Work.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A voluntary pre-bid conference will be held at the time and location indicated in the

Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bids will be accepted from Bidders who do not attend the conference.

4.02 Information presented at the pre-bid conference does not alter the Bidding Documents. Owner or Issuing Office will issue Addenda to make any changes to the Bidding Documents that result

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 3 of 10 from discussions at the pre-bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents, including in Specification Section 01 11 00 –

Summary of Work. 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.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain

Technical Data.

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 prospective 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.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in

Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 4 of 10

5.03 Other Site-Related Documents

A. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the

Site.

B. A Site visit is scheduled following the pre-bid conference.

C. Bidders visiting the Site are required to: (1) arrange their own transportation to the Site; and

(2) each Bidder visiting the Site is responsible for providing and using its own personal protective equipment appropriate for the Site and conditions, and in accordance with posted requirements, if any. At minimum, each visitor to the Site should have an appropriate hardhat, steel-toed boots, eye and hearing protection (other than ordinary eyewear), and a high-visibility reflective safety vest. Comply with Paragraph 5.05 of these Instructions to

Bidders.

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

E. On request, and to the extent Owner has control over the Site, and schedule permitting, the

Owner will provide Bidder general 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. Bidder is responsible for establishing access needed to reach specific selected test sites.

F. Bidder must comply with Laws and Regulations regarding excavation and location of utilities, obtain necessary 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.

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

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be indicated in the Supplementary Conditions. Where the

Bidding Documents indicate an Owner’s safety program, visitors to the Site during the bidding phase and at other times shall comply with Owner’s safety programs.

5.06 Other Work at the Site

A. Reference is made to Specifications Section 01 11 00 – Summary of Work, 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 potentially confidential matters), if any.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 5 of 10

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will complete and submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid.

Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Successful Bidder (as Contractor) will make similar express representations and certifications when it signs the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to

Engineer in writing.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all Bidding Documents holders registered with the Issuing

Office. Questions received less than seven days prior to the date for opening of Bids may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the Bidding

Documents.

7.05 Addenda that engineer judges to have a material or significant effect on Bidders’ preparation of pricing and other requirement element of the Bid will be transmitted via Addendum for Bidders’ receipt not less than three days prior to the scheduled date for receipt of the Bids. Clarifications or modifications that Engineer deems will not have a material or substantial effect on the preparation of Bids may be transmitted for Bidders’ receipt later, for receipt prior to the deadline for receipt of Bids.

ARTICLE 8—BID SECURITY

8.01 Required Form and Amount of Bid Security

A. 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 bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

B. Such bid bond will be issued in the form included in the Bidding Documents.

8.02 Bid Security of Successful Bidder

A. The Bid security of the apparent Successful Bidder will be retained until Owner awards the

Contract to such Bidder, and such Bidder has signed the Contract, furnished the required

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 6 of 10

Contract security, and met the other conditions of the Notice of Award, whereupon the

Successful Bidder’s bid security will be released.

B. If the Successful Bidder fails to sign and deliver the Contract and furnish the required

Contract security within the number of days, indicated in Paragraph 20.01 of these

Instructions to Bidders, 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.

C. Upon Successful Bidder’s default:

1. When the bid security is a penal sum bid bond, the entire penal sum amount of the bid bond will be forfeit and due Owner.

2. When the bid security is a damages form of bid bond, to the extent of Owner’s damages will be forfeit and due Owner.

3. If a type of bid security other than a bid bond is allowed and is furnished, the amount that will be forfeit and due Owner will be the same as for the form of bid bond included in the Bidding Documents. Owner will so notify the defaulting Bidder in writing of the annulment and the amount of the forfeiture, with documentation of the amount forfeited.

D. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 Bid Security of Bidders other than the Successful Bidder

A. 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 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.

B. 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.

C. Release of Bid Security: Owner may release any Bidder’s bid security by returning such bid security to the associated Bidder. When bid security is in the form of a bid bond, Owner may dispose of or destroy the bid bond and so advice the associated Bidder in writing that the bid bond has been released.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any), are to be achieved are set forth in the Agreement.

9.02 Provisions for liquidated and special 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 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials, equipment, and procedures specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items or procedures. In

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

00 21 13 - Page 7 of 10 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 or procedure, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective

Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, and will perform the Work in accordance with procedures indicated in the Bidding Documents, as supplemented by Addenda, if any. Assumptions regarding the possibility of post-bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so in the Specifications or elsewhere in the Bidding Documents. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should not submit a Bid.

11.02 If apparent Successful Bidder declines to make a requested substitution, Owner may award the

Contract to another Bidder, consistent with the basis for evaluating the Bids for award as set forth in these Instructions to Bidders, that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to issuance of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in

Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must 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.”

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the

Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8.5inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the

Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be signed 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 must be shown.

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12.04 A Bid by a partnership must 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 official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be signed 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 official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be signed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

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

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be indicated on the Bid Form.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

ARTICLE 13—BASIS OF BID

13.01 Lump Sum

A. Bidders must submit a Bid on a lump sum basis as indicated on the Bid Form.

ARTICLE 14—SUBMITTAL OF BID

14.01 The Bidding Documents include one separate, unbound copy of the Bid Form, and, where required, the Bid Bond Form and other supplements to the Bid Form. The unbound copy of the

Bid Form and supplements (if any) is to be completed and submitted with the Bid security and the other documents required with the Bid by Article 2 of the Bid Form.

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must 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, and the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery method, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement or invitation to bid.

14.03 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. Owner accepts no responsibility for delays in returning Bids submitted or delivered to the incorrect location.

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ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly signed in the same manner that a Bid must be signed and delivered to the place where Bids are to be submitted, prior to the date and time established in the Bidding Documents for the receipt of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 of this Article and submit a new Bid prior to the date and time for established in the Bidding Documents the receipt of Bids.

15.03 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, the Bidder may withdraw its Bid, and the bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement or invitation to bid and, unless obviously non-responsive, will be 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 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 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 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor

Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. Owner may reject the Bid of any Bidder that fails to demonstrate appropriate qualifications, experience, and resources for the Work, in accordance with Article 3 of these Instructions to Bidders.

18.03 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 Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then

Owner will reject the Bid as nonresponsive.

18.04 Basis for Award of Contract

A. If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest-priced, responsive Bid that has not otherwise been disqualified.

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18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the

Bid Form or elsewhere in the Bidding Documents, or prior to the Notice of Award.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications, experience, and resources of the Bidder and may consider the qualifications, experience, and resources 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.

18.07 Owner, with or without Engineer’s assistance, may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 19—BONDS AND INSURANCE

19.01 Paragraph 2.01 and Article 6 of the General Conditions, as may be modified by the Supplementary

Conditions, set forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the signed Agreement to Owner (or Owner’s representative), it must be accompanied by required bonds and insurance documentation.

19.02 Article 8 (“Bid Security”) of these Instructions to Bidders addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

1. When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unsigned counterparts of the Agreement, along with the other Contract Documents as identified in the

Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and required bonds and insurance documentation (as required by the Contract Documents) to Owner. Within 10 days thereafter, Owner will deliver one fully signed 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.

EJCDC® C-410, Bid Form for Construction Contract.

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BID FORM

WWTP BIOSOLIDS CONVEYOR REPLACEMENT PROJECT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

City of Newport Public Works

Clare Paul, P.E.

169 SW Coast Highway

Newport Oregon, 97365

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; and

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids.

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ARTICLE 3— BASIS OF BID—LUMP SUM BID AND SCHEDULE OF VALUES

3.01 Lump Sum Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Item Specification Section/Division Unit Price

1. Mobilization, demobilization 01 50 50; Division 01 LS $

2. Bonds, insurance Division 00 LS $

3. Demolition 02 41 00; Division 02 LS $

4. Cleaning, preparation 01 53 00; 01 55 50; Division 01 LS $

5. Auger procurement and installation, complete

Division 03; Division 05, Division 41

LS $

6. Electrical work Division 26; Division 40 LS $

7. Testing, start up, commissioning 01 75 16; Division 01 LS $

8. Close out 01 77 00; 01 78 20; Division 01 LS $

Total Bid, Sum of Lump Sum Items 1 – 8 $

3.02 Total Bid Price

Total Bid Price

(in words)

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of days indicated in the Agreement.

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

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5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the

Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered 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 Technical

Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract

Times, and in accordance with the other terms and conditions of the Contract.

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

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

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