DDSD Mill Park Elementary School Renovations

Mill Park Elementary School Renovations

Status

Bidding Closed

Bid Date 2/4/25 2:00pm

Company

David Douglas School District

ARTICLE 1        DEFINITIONS

 

1.1          Addenda: Written or graphic instructions issued prior to the execution of the Contract which modify or interpret the Bidding Documents including Drawings and Specifications, by additions, deletions, corrections, or clarifications. Addenda will become part of the Contract Documents when the Construction Contract is executed.

 

1.2          Architect/Designer: Soderstrom Architects

 

1.3          Bidder: One who submits a Bid for a Contract with the Owner for the Work described in the proposed Contract Documents.

 

1.4          Bidding Documents: Include the Advertisement for Bids, Instructions to Bidders, the Bid Form, and the proposed Contract Documents including Addenda issued prior to the receipt of Bids.

 

1.5          Construction Management Company: R&C Management Group LLC.

 

1.6          Definitions: Includes all definitions set forth in Section 00 72 00, Conditions of the Contract, or in other Contract Documents are applicable to the Bidding Documents.

 

1.7          Owner: David Douglas School District, Multnomah County, Oregon.

 

1.8          Project:  MILL PARK ELEMENTARY SCHOOL Renovations, 1900 SE 117TH Ave, Portland, OR 97216

 

ARTICLE 2        BIDDER'S REPRESENTATION

 

2.1          Each Bidder, by making their Bid, represents the following:

 

A.            Has read and understands the Bidding Documents and his/her Bid is made in accordance therewith.

 

B.            Has visited the site and familiarized themselves with the local conditions under which the Work is to be performed.

 

C.            Their Bid is based upon the products and systems described in the Bidding Documents without exceptions.

 

ARTICLE 3        OBTAINING CONTRACT DOCUMENTS

 

3.1          Contract Documents are available to each Bidder through Willamette Print & Blueprint Company Inc., 3416 NW Yeon Ave, Portland, OR 97210 (503) 223-5011. Select Digital Plan Room button at (http://www.wpbinc.com)

 


 

ARTICLE 4        EXAMINATION OF BIDDING DOCUMENTS

 

4.1          Sets of Contract Documents may be examined at the following.

 

A.            Soderstrom Architects

1331 NW Lovejoy St, Suite 775

Portland, OR 97209

(503) 228-5617

 

 

4.2          Complete sets of Bidding Documents are to be used in preparing Bids; neither the Owner nor the Architect/designer assume any responsibility for misinterpretations or errors resulting from the use of incomplete sets of Bidding Documents.

 

4.3          Requests for Clarification / Protest of Bidding Documents. Each Bidder shall examine the Bidding Documents carefully. Not later than 10 days prior to the date for receipt of Bids, shall make written request to the Architect for interpretation or correction of any ambiguity, inconsistency, or error therein which may have been discovered. Interpretations and corrections will be issued in the form of an Addendum by the Architect. Only interpretations and corrections by Addendum shall be binding. No Bidder shall rely upon any correction or interpretation given by any other method. Failure to raise any issue with the Bidding Documents that could have been raised pursuant to this Section will preclude protest of award based upon that issue.

 

4.4          All inquiries related to procedure, or the actual Bid proposal should be directed to Derek Morgan, R&C Management Group, LLC, (360) 702-7485, Derek@randcmanagement.com

 

4.5          All inquiries regarding construction drawings and technical specifications in this Bid should be directed to Bob Thrapp, Soderstrom Architects, (503) 314-0273 , bobt@sdra.com

 

ARTICLE 5        BIDDING PROCEDURE

 

5.1          Pre-Bid Conference: A mandatory pre-Bid conference and walk-through will be held on Thursday, January 16, 2025, 4:00 PM, Pacific Time.  The conference will convene at 1900 SE 117th Ave, Portland, OR 97216. Only contractors who attend and register at the pre-Bid conference will be eligible to Bid on the Project. Statements made by the district’s representatives at the conference are not binding unless confirmed by written addendum.

 

5.2          Each Bid shall be made in accordance with the Bid Form, Section 00 41 00, and all blank spaces on the Form shall be filled.

 


 

5.3          If Bid is made by a partnership, it shall contain names of each partner and shall be signed in the firm name followed by signature of partner signing for firm. If Bid is made by a corporation, the corporate seal shall be affixed there to, and it shall be signed in the name of the corporation, followed by signature of officer authorized to sign for corporation and printed or type written designation of office held in corporation, and signature shall be properly attested to by secretary of corporation. Address of the Bidder, street number (or post office box number), city and state, shall be typed or printed on the Bid Form.

 

5.4          The Bid Form invites Bids on definite Drawings and Specifications. Only amounts and information asked for on the Bid Form will be considered as the Bid. Each Bidder shall Bid upon the work as specified and provided in the Bid Form.

 

5.5          Addenda: The Architect/Designer will issue any District approved interpretation or correction as an Addendum prior to receipt of Bids. Addenda will be numbered consecutively. Addenda will be mailed or delivered to each plan center, person, or firm recorded as having received Bidding Documents. Contractors submitting a Bid shall acknowledge receipt of each Addendum in the Bid Form, Section 00 41 00, and be responsible for determining that all subcontractors, material suppliers, etc., have knowledge of said Addenda and that their Bid to the Contractor includes same. No Addenda will be issued later than five days prior to the date for receipt of Bids except an Addendum, if necessary, postponing the date for receipt of Bids or withdrawing the request for Bids.

 

5.6          Bid Security Required: Each Bid shall be accompanied by a Bid Surety Bond, cashier's check, or certified check, executed in favor of David Douglas School District (the District), in an amount not less than 10 percent of the total Bid, based on the total Base Bid amount for those items Bid upon. The amount of the Bid security shall be forfeited to the District as liquidated damages, not as a penalty, pursuant to ORS 279C.385, should the Bidder refuse to enter into such contract or fail to furnish Performance Labor and Materials Payment Bonds and Certificates of Insurance as required by the General Conditions within 15 working days after the contract forms are provided to the Bidder. The Surety Bond shall be written by a bonding company authorized and licensed by the Oregon Insurance Commissioner. The bonding company must be listed on the most current U.S. Government Treasury List, Department Circular 750, or approved prior to Bid submission by the District. The attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified copy of their power of attorney. The Certified Check or Bid Bond of the Bidder with whom the contract is entered into will be returned when said contract has been properly executed, has been delivered to and accepted by the School District. The Certified Check or Bid Bond of each Bidder, who was not awarded the contract, will be returned immediately thereafter.

 

5.7          Bid Submittal: Each Bid shall be sealed in an opaque envelope containing the Bid Form. The outside, front face of the envelope shall show the following information. In addition, the name and address of the Bidder MUST appear on the outside of the envelope. If forwarded by mail, the envelope containing the Bid must be enclosed in another envelope addressed as specified in the Bid Form with the notation, "BID ENCLOSED" on the face.

 

DAVID DOUGLAS SCHOOL DISTRICT

David Douglas MILL PARK ELEMENTARY SCHOOL BUILDING IMPROVEMENTS

Attention: Patt Komar, Director of Administrative Services

11300 SE Halsey Street

Portland, Oregon 97220

 


 

5.8          Bid Deadline / Opening: Bids must be received by the District at the address set forth in Section 5.7 no later than 2:00 p.m., Pacific Time, on Tuesday, February 4, 2025. Late Bids will not be accepted. Bids will be publicly opened at 2:00 p.m., Pacific Time, on Tuesday, February 4, 2025, at the address set forth in Section 5.7.

 

5.9          First-Tier Subcontractor Disclosure: First-Tier Subcontractor Disclosure Forms must be submitted by 4:00 p.m., Pacific Time, Tuesday, February 4, 2025, in the same manner and at the same location where Bids were submitted. Disclosure Forms submitted after 4:00 p.m., Pacific Time, Tuesday, February 4, 2025, will not be accepted. The Disclosure Form and Instruction is in Section 00 41 00.

 

5.10        Withdrawal. Any Bidder may withdraw their Bid, either personally or by written request, at any time prior to the opening of the Bid. After opening, a Bid is a firm Bid, and is irrevocable, valid and binding on the Bidder for 45 days, and for any extension beyond 45 days as may be agreed to by the Bidder and the District.

 

5.11        Amendment: A Bid may be modified, amended or supplemented until the deadline for submission. No material changes may be made to a Bid after the deadline for its submission. The District reserves the right to seek clarifications of each Bid, in clarifying or elaborating on an Bid, a Bidder explains or amplifies what is already there; a Bidder may not supplement, change, alter, or correct its Bid.

 

5.12        Bid Development Costs: Submission of a Bid to the District does not obligate the District to pay any expenses incurred by the Bidder in preparation of its bid, nor does it obligate the District in any other respect. The District will not reimburse the cost of a successful protest. It is a condition of submission that costs of submitting a Bid are solely the cost of the Bidder.

 

5.13        Bid Ownership: All Bids become the property of the District and will not be returned to the Bidder. Bids that are not opened may be returned to the Bidder or disposed of by the District at the District’s discretion once the time to protest the refusal to consider the Bid has passed and Bid bonds are returned.

 

5.14        Public Record:

 

A.            At the conclusion of the selection process, the contents of all Bids received and opened will be made available for public inspection (ORS 192.311 to 192.478). Trade secrets or proprietary information that are recognized as such and are protected by law (ORS 646.461 to 646.475) may be withheld, if clearly identified as such in the Bid submitted. If an Bid contains any proprietary information that the Bidder does not want disclosed to the public or to be used by the District for any purpose other than evaluation of their Bid, each sheet of such information shall be readily separable from the remainder of the Bid and must be marked with the legend:

 

"CONFIDENTIAL," "PROPRIETARY" or "TRADE SECRET"

 

B.            The legend shall be red in color on original documents and shall appear on each page of the original and any copy in which the information to be protected appears and shall be in block capital letters at least 0.5" in height. Pages shall be marked to indicate the information for which the claim of protection from disclosure is made and to separate the material to be protected from other information appearing on that page. Bidders are cautioned that the information sought to be exempt from disclosure must qualify for exemption under ORS 192.345, ORS 192.355 or another provision of law. The District reserves the right to waive the exemption from disclosure if the exemption is waivable and it is in the public interest to do so.

Bidders are further informed that final determinations concerning the withholding of information from public disclosure rest with the District Attorney, the Attorney General or the Courts and not with the District. The District may not disclose information that the law forbids it to disclose and may not withhold information the law requires it to provide. Failure to mark information, documents or data shall be conclusive proof that the Bidder claims no exemption for it.

C.            Prices, makes, model or catalog numbers of items Bided, scheduled delivery dates, and terms of payment shall be publicly available regardless of any designation to the contrary. Any response marked as a trade secret in its entirety shall be considered non-responsive and shall be rejected.

 

D.            All submissions and additional information, if any, shall become public record after award of contract.

 

5.15        Proof of Insurance / Performance and Payment Bonds: The successful Bidder shall within 15 calendar days furnish insurance certificates as specified in the Contract and a Performance Labor and Materials Payment Bonds in compliance with ORS 279C.380, Oregon Revised Statutes. Work shall not commence until all insurance and bonding requirements have been met and bonds and certificates have been filed with Patt Komar, Director of Administrative Services.

 

ARTICLE 6        REQUIRED CERTIFICATIONS / LICENSES

 

6.1          Nondiscrimination: Each Bidder must certify that the Bidder has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women, or emerging small business enterprise certified under ORS 200.055.

 

6.2          Resident Bidder: Each Bidder must identify whether the Bidder is a resident Bidder, as defined in ORS 279A.110 (4) and ORS 279C.375.

 

6.3          Construction Contractors / Landscape Contractors Board: The District will not receive or consider Bids unless the Bidder is licensed with the Construction Contractors Board or the State Landscape Contractors Board, as applicable.

 

6.4          Only "General Contractor - All Structures" or "Specialty Contractor - All Structures" classifications are allowed on District public works projects.

 

6.5          Public Works Bond: The contractor and every subcontractor must have a Public Works Bond pursuant to ORS 279C.836 filed with the Construction Contractors Board before starting work on the Project, unless exempt under ORS 279C.836 (7) or (8).

 

6.6          Asbestos Abatement: The Contractor or a subcontractor is required to be licensed under ORS 468A.720 regarding asbestos abatement projects.

 

6.7          The successful bidder will be required to comply with all applicable laws and rules applicable to public contract as set forth in the form of Agreement.

 


 

ARTICLE 7        SUBSTITUTIONS

 

7.1          The materials, products, installers, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution.

 

7.2          Each Bidder represents that his/her Bid is based upon the materials and equipment described in the Bidding Documents.

7.3          No substitution will be considered prior to receipt of Bids unless the Architect/Designer receives a written request for approval on the Contract Documents Substitution Request form for the Project, with all data requested on the form completed, at least ten (10) days prior to the date for receipt of Bids.  Each such request shall be submitted with a Request for Substitution form identical to or equivalent in content to the form found in the Project Manual, and shall include the name of the material or equipment proposed to be replaced and a complete description of the proposed substitute, including drawings, cuts, performance and test data, warranty information, and any other information necessary for an evaluation.  A statement setting forth any changes in other materials, equipment or other Work that incorporation of the substitute would require shall be included.  The proposer has the burden to prove the merit of the proposed substitute; by proposing the substitution, the Bidder represents that it has personally investigated the proposed material or product and determined that it is equal or better in all respects to that specified, that the same or better warranty will be provided for the substitution, that complete cost data, including all direct and indirect costs of any kind, has been presented, that the Contract Time will not be increased, and that it will coordinate the installation of the substitute if accepted and make all associated changes in the Work.  The Architect’s decision to approve or disapprove a proposed substitution shall be final.  Written requests for approval shall constitute a guarantee by the Bidder that the articles or materials are in all respects, including warranty and installation, equal or superior to those specified, unless otherwise noted.  To the extent the proposed substitution will require additional services by the Architect or its consultants after Bid award, the Bidder, if successful, will be required to pay the Architect and its consultants for these services at their customary hourly rates.

 

7.4          Electronic email form of substitutions is acceptable. Literature sent with the substitution request is to be specific to the product being substituted. Facsimile transmissions will not be accepted.

 

7.5          If the Architect accepts any proposed substitution, such acceptance will be set forth in Addenda listing manufacturers, materials, installers, and equipment accepted for substitution. Bidders shall not rely upon any acceptances made in any other manner.

 

ARTICLE 8        ACCEPTANCE OR REJECTION OF BIDS

 

8.1          The Owner will review the Bids and shall award a Contract for the Work to the responsible Bidder submitting the lowest responsive Bid.

 

8.2          The Bidder acknowledges the following rights of the District to:

 

A.            Reject any Bid that does not comply with prescribed public contracting procedures and requirements, including the requirement to demonstrate the Bidder's responsibility under ORS 279C.375(3)(b), and to reject all Bids for good cause after finding that doing so is in the public interest.

 

B.            Postpone award of the contract for a period not to exceed 45 days from the date of the Bid opening.

 

C.            Waive informalities in the Bids.

 

D.            Exercise additive or deductive alternates to adjust the accepted Bid amount.

 

E.            To reject a Bid if a Bidder failed to submit data required by the Bidding Documents or if a Bid is in any way incomplete or irregular.

 

8.3          The District may award a contract by drawing of lots between the Bidders involved if two or more Bids shall be for the same amount for the same Work, and to return Bid unopened if only one Bid is received.

 

8.4          If the lowest responsive Bid exceeds David Douglas School District's estimate of the cost of the project and the District's budget therefore (the "available funds" as determined by the District in its sole desecration), the District and the lowest Bidder may enter into negotiations as to value engineering and other options to reduce the contract price to an amount within available funds pursuant to ORS 279C.340.

 

8.5          Notice of Award / Protest of Award:

 

A.            The District shall mail a written notice of intent to award to all Bidders. The written notice of award of the contract shall constitute a final decision of the District to award the contract if no written protest of the notice of award is within seven (7) calendar days of the notice of award is mailed. If a protest is timely filed, the notice of award is a final decision of the District only upon issuance of a written decision denying the protest and affirming the award. The notice of award and any written decision denying or approving a protest shall be sent to every Bidder.

 

B.            Protest of Award: Any actual Bidder who is adversely affected or aggrieved by the District's notice of award of the contract to another Bidder on the same solicitation shall have seven (7) calendar days after the date of notice of award to submit to the District a written protest of the notice of award. The District shall not entertain a protest submitted after the time period established in this provision. A Bidder is "adversely affected or aggrieved" only if the Bidder is eligible for award of the contract as the responsible Bidder submitting the lowest responsive Bid and is next in line for award, i.e., the protester must claim that all lower Bidders are ineligible for award because the Bids are nonresponsive; or because The District committed a substantial violation of a provision in the Bidding Documents or of an applicable procurement statute or rule, and the protesting Bidder was unfairly evaluated and would have, but for such substantial violation, been the responsible Bidder Biding the lowest Bid. Bidders must submit written protest of award to Patt Komar in the address set forth in Section 5.7 above of this Agreement.  The written protest must specify the grounds upon which the protest is based. An issue that could have been, but was not, raised as a request for clarification or protest of a specification pursuant to these instructions shall not be grounds for a protest of award.

 

ARTICLE 9        FORM OF AGREEMENT

 

9.1          The Form of Agreement will be the David Douglas School District Construction Projects Contract attached at Section 00 52 00.

 

ARTICLE 10      PREVAILING WAGES

 

10.1        This Contract is subject to payment of prevailing wages under ORS 279C.800 to 279C.870). Contractor and any Subcontractors must pay the higher of the federal prevailing wage rate or the state prevailing wage rate  Each worker the Contractor, subcontractor or other person who is party to the contract uses in performing all or part of the Contract must be paid not less than the applicable prevailing rate of wage for each trade or occupation as defined by the Director of the State of Oregon Bureau of Labor and Industries ("BOLI") in the applicable publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon. The prevailing wage rates for public works contracts in Oregon are contained in the current Prevailing Wage Rates for Public Works Projects in Oregon and the January PWR Apprenticeship Rates. Such publications can be reviewed electronically at http://www.boli.state.or.us/BOLI/WHD/PWR/pwr_state.shtml and are hereby incorporated as part of the Contract Documents. The latest federal prevailing wage rates can be reviewed electronically at http://www.wdol.gov/Index.aspx (Search for Oregon, Multnomah County, Building Construction Type) and are hereby incorporated by reference as part of the Contract Documents.  Contractors shall follow all prevailing wage rules including posting the Davis-Bacon poster at the worksite and submitting certified payroll records. The poster is available http://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf.  The payroll form is at http://www.dol.gov/whd/forms/wh347instr.htm

 

10.2        Payment of Prevailing Wages: No Bid will be received or considered by the District unless the Bid contains a statement by the Bidder that "Contractor agrees to be bound by and will comply with the provisions of ORS 279C.840 or 40 U.S.C. 3141.

 

ARTICLE 11      EQUAL EMPLOYMENT COMPLIANCE REQUIREMENTS

 

11.1        By submitting this Bid, the Bidder certifies conformance to the applicable Federal Acts, Executive Orders and Oregon Statues and Regulations concerning Affirmative Action toward equal employment opportunities.

 

11.2        All information and reports that are required by the Federal or Oregon Governments having responsibilities for the enforcement of such laws shall be supplied to the District upon request, for purposes of investigation to ascertain compliance with such acts, regulations and orders.

 

ARTICLE 12      TIME OF COMPLETION

 

12.1        The Bidder must agree to commence Work on or before the date specified in Section 01 11 00, Summary of Work, and to substantially complete the Project within the time period stated in Section 01 11 00, Summary of Work. On this date, the Contractor shall have all systems in operation so as to render the building usable for "its intended use" by the District. Attention is directed to the General Conditions stipulating conditions for withholding payments in relation to Contract time.

 

ARTICLE 13      SUBCONTRACTS

 

13.1        The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a Contract under this Contract, must be acceptable to the District.

 

13.2        Change of Subcontractor requested by District or Architect shall be on demand. Contract financial adjustment shall be negotiated through the General Contractor.

 

ARTICLE 14      CRIMINAL BACKGROUND CHECK, DRUG TESTING, TOBACCO / ALCOHOL POLICIES

 

14.1        The District is committed to maintaining a drug-free work place and strictly complies with the Drug Free Work Place Act of 1988 and the Drug-Free Schools and Communities Act amendments of 1989. No alcohol, drugs, firearms or weapons are allowed on any District property. In accordance with District policy, smoking and the use of all tobacco products are prohibited on all District property.

 

14.2        In order to comply with ORS 279C.505 (2) and to enable the District to determine that a Bidder will comply with the District's above noted policies, Bidders shall submit copies of their Employee Criminal Background Check and Drug/Alcohol Testing Programs/Policies with their proposals. Describe the Criminal Background Check performed of employees who will work at the school site with students. Define the criteria for qualification / disqualification of employment of an employee with the above policies.

 

14.3        The successful bidder must execute and comply with COVID-19 certification attached as Exhibit D to the Contract.

 

 

ARTICLE 15      DATA SECURITY

 

15.1        The Contractor needs to provide a Statement of Data Security. This statement will document procedures and protocols used by the Contractor to secure and safeguard confidential District information. The Contractor will also certify the information provided from the District will not be released or shared in any manner without the written permission of the District. The Contractor will also specify the information life cycle including how and when confidential District information will be destroyed or archived following use. Statement of Data Security must be approved by the District.

 

ARTICLE 16      HOLD HARMLESS

 

16.1        The Contractor shall hold harmless, indemnify, and defend the District, its officers, agents, and employees for all claims, suites or actions of any nature arising out of any act, error, or omission of the Contractor, its officers, subcontractors, agents or employees whether actual or alleged, and resulting in bodily injury, property damage, or personal injury, during or resulting from the work described under this contract except liability arising out of the sole negligence of the District.

 

ARTICLE 17      ANTITRUST CLAIMS

 

17.1        The Contractor hereby assigns to the David Douglas School District fully, finally, and in their entirety, any and all federal and/or state antitrust claims that the Contractor now has or may here after acquire as a result of or in connection with any and all goods and services in the contract. Further, the Contractor shall cause similar working in favor of the District to be made a part of any and all contracts entered into with subcontractors or suppliers as a result of the primary contract.

 

17.2        Claims shall include price-fixing, monopolization, and any other violation of state or federal antitrust law.

 

ARTICLE 18      TRANSFER OR ASSIGNMENT

 

18.1        Neither the Contract, nor any interest herein shall be transferred to any other party or parties, without the District's prior written consent.

 

END OF SECTION