Bid No. 23763

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Issued Date:

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May 26, 2009

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OREGON DEPARTMENT OF TRANSPORTATION

INVITATION TO BID FOR PUBLIC IMPROVEMENT AND PUBLIC WORKS CONTRACT

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BID NO.: / 23763 / BID CLOSING DATE AND TIME: / June 9, 2009 / TIME: / 2:00 PM
BID OPENING DATE AND TIME / SAME AS ABOVE
DESCRIPTION: / District 8 Geotechnical Drilling
BUYER: / Duane Cannon / PHONE: / (541) 957-3686 / FAX: / (541) 957-3547
E-MAIL: /

THIS IS A FORMAL PROCUREMENT. FAXED BIDS WILL NOT BE ACCEPTED.

NOTE: If this is a Public Works project, all requirements applicable to Public Works projects apply to this project. In addition, ODOT has chosen to apply the requirements applicable to Public Improvement projects to this project whether or not it is a Public Improvement project. Therefore, throughout this ITB, wherever there is a reference to or requirement concerning Public Improvements, it will apply equally to this project. Therefore, if there is a provision stating a requirement for a Public Improvement project, ODOT is applying the same requirement to the project, whether or not otherwise required by rule or statute.

SEALED BIDS will be received until the BID CLOSING DATE and TIME noted above by the ODOT PROCUREMENT OFFICE at:

OREGON DEPARTMENT OF TRANSPORTATION

PROCUREMENT OFFICE

3500 NW Stewart Parkway

Roseburg Oregon 97470

NOTE: This address is not GPS friendly. We are located directly across from the Roseburg Airport on Aviation Drive. Call (541) 957-3500 for directions.

SINGLE POINT OF CONTACT: There will be only one point of contact for this Invitation to Bid. The contact point is the ODOT Procurement Office, and the contact person is the buyer listed above. Any questions or issues that may arise regarding the Specifications, the bidding process, and/or the award process shall be directed to the Buyer listed above. The State’s official response to any questions or requests will be through direct letters or the addendum process.

BIDDER’S NOTE: The following is a project range for bonding purposes: $180,000.00 – $190,000.00

TABLE OF CONTENTS
“X” INDICATES PAGES TO BE COMPLETED AND RETURNED WITH BID RESPONSE*
Bid Document / Table of Contents / Page #
INVITATION TO BID / 1
TABLE OF CONTENTS / 2
SECTION A / DEFINITIONS / 3
SECTION B / INTRODUCTION / 3
SECTION C / GENERAL BIDDING INFORMATION/INSTRUCTIONS TO BIDDERS / 5
SECTION D / BID SECURITY REQUIREMENTS / 11
SECTION E / DAVIS BACON WAGE RATES (BOLI REQUIREMENTS) / 11
SECTION F / FIRST-TIER SUBCONTRACTOR DISCLOSURE INSTRUCTIONS AND FORM / 12-13
SECTION G / CONSTRUCTION CONTRACTORS BOARD REGISTRATION REQUIREMENTS/ASBESTOS ABATEMENT LICENSING REQUIREMENTS / X / 14
SECTION H / ADDENDA ACKNOWLEDGEMENT / X / 14
SECTION I / RESPONSIBILITY INQUIRY/CONTRACTOR REFERENCES / X / 15-16
SECTION J / RECYCLED PRODUCTS / X / 17
SECTION K / RESERVED / X
SECTION L / CERTIFICATION OF COMPLIANCE WITH TAX LAWS / X / 17
SECTION M / CERTIFICATION OF DRUG-TESTING LAW REQUIREMENTS / X / 17
SECTION N / CERTIFICATION OF COMPLIANCE WITH NON-DISCRIMINATION LAWS / X / 18
SECTION O / OFFICE OF MINORITY, WOMEN AND EMERGING SMALL BUSINESS (OMWESB) CERTIFICATION / X / 18
SECTION P / SIGNATURE OF BIDDER’S DULY AUTHORIZED REPRESENTATIVE / X / 19
EXHIBIT 1 / PRICING SUBMITTAL FORM / X / 20-23
EXHIBIT 2 / BID BOND FORM / X / 24
EXHIBIT 3 / PERFORMANCE BOND FORM / 25
EXHIBIT 4 / PAYMENT BOND / 26
EXHIBIT 5 / PUBLIC IMPROVEMENT AGREEMENT FORM / 27-28
EXHIBIT A / FEDERAL REQUIREMENTS / 29-34
ATTACHMENTS: The following Attachments are attached and incorporated into this ITB:
ATTACHMENT A / SPECIFICATIONS / 35-54
The following Attachments are not physically attached but are incorporated into this ITB from web sites:
State of Oregon General Conditions for Public Improvement Contracts January 1, 2008 Edition
General Conditions for Public Improvement Contracts January 1, 2008
BOLI Prevailing Wage Rates (Revised 07-01-2008)—See Section E for the Prevailing Wage Rates and website applicable to this project.
Bidders shall complete and return the following document within two (2) hours of Bid Closing.
SECTION F / First-Tier Subcontractor Disclosure Form
The lowest responsive, responsible Bidder shall return the following completed documents within seven (7) days of Notice of Intent to Award.
SECTION C / THE INSURANCE CERTIFICATES REQUIRED BY SECTION C.22.1
EXHIBIT 3 / PERFORMANCE BOND
EXHIBIT 4 / PAYMENT BOND
EXHIBIT 5 / PUBLIC IMPROVEMENT AGREEMENT FORM
*Bidder shall be responsible for completing and returning any page(s) in any attachment(s) requiring a response.

SECTION A - DEFINITIONS

A.1 ITB DEFINITIONS: Together with the Definitions found in Section A.1 of the General Conditions, the following definitions apply to this ITB and the resulting Contract.

A.1.1“Addendum” or “Addenda” means an addition or deletion to, a material change in, or clarification of, the ITB. Addenda shall be labeled as such and shall be made available to all interested Bidders in accordance with OAR 137-049-0250(2).

A.1.2 “Agency” means the Oregon Department of Transportation (“ODOT”).

A.1.3 “Bid” means the Bidder’s written offer submitted in response to the ITB, including all necessary attachments and information required to be submitted prior to award. Bid also means “Offer”.

A.1.4 “Bidder” means an individual, organization or representative of an organization that submits a Bid in response to an ITB. Bidder also means “Offeror”.

A.1.5 “Bid Price” means the Total Bid amount, including any alternates selected by ODOT provided by the Bidder in the Pricing Submittal.

A.1.6 “Closing” means the date and time set in the ITB for Bid submission, after which Bids may not be submitted, modified, or withdrawn by Bidder.

A.1.7 “Invitation to Bid” or “ITB” means all documents, whether attached or incorporated by reference, and any Addenda thereto, used for soliciting Bids.

A.1.8 “ODOT Procurement Office” or “OPO” means the Procurement Office Section of the Oregon Department of Transportation at the location noted on Page 1 of the ITB.

A.1.9 “Opening” means the date/time set to read the Bid submittals.

A.1.10“Oregon Procurement Information Network” or “ORPIN” means the on-line electronic Oregon Automated Procurement System administered by the State Procurement Office. The ORPIN System website is:

A.1.11 “PlanCenter” means an organizations and/or business location where Bidders may view, download or purchase copies of all documents relating to the ITB. (See Section C.1.3)

A.1.12 “State” means the State of Oregon.

A.1.13 “State Procurement Office”or “SPO” means the office of the State Services Division of the Oregon Department of Administrative Services.

SECTION B – INTRODUCTION

B.1 ITB PURPOSE: The purpose of the Invitation to Bid (“ITB”) is to establish a Contract for the benefit of ODOT. The work contemplated under this Contract includes all labor, materials, transportation, equipment and services for, and incidental to, the completion of all construction Work in connection with the project described in the Contract Documents.

B.2 RESERVED

B.3 PROJECT COMPLETION DATE:

B.3.1 PROJECT START DATE: As agreed between Project Manager and Contractor.

B.3.2 SUBSTANTIAL COMPLETION: August 21, 2009

B.3.3 FINAL COMPLETION: August 28, 2009

B.5 PREVAILING WAGE RATES: Pursuant to ORS 279C.800 through 279C.870, the Contractor and all subcontractors are required to pay Prevailing Wage Rates for any contract valued at more than $50,000. See SECTION E.

B.6 LIQUIDATED DAMAGES: Liquidated damages will apply to the Contract resulting from this ITB for failure to complete the project by the Substantial Completion Date (See Exhibit “5” for detailed information).

B.7 PRICING SUBMITTAL INSTRUCTIONS:

B.7.1 Bidders shall enter pricing and other required information for all Bid Items listed in the Pricing Submittal form.

B.7.2 If the Pricing Submittal form is replaced by an Addendum, then Bidders shall use that replacement form to provide pricing and other required information

B.7.3 If the Pricing Submittal form is only modified by an Addendum, then Bidders shall follow the instruction in the Addendum for making modifications to the Pricing Submittal form.

B.7.4 Failure to supply the required information in the Pricing Submittal form or subsequent Addendum may result in rejection of the Bid as non-responsive.

B.8 PRICING SUBMITTAL:

B.8.1 METHOD OF BIDDING:

B.8.1.a Bidders shall provide pricing for all Bid items listed in EXHIBIT 1 PRICING SUBMITTAL FORM.

B.8.2 METHOD OF AWARD:

B.8.2.a Award will be made to the responsive and responsible Bidder submitting the lowest total Bid Price.

SECTION C – GENERAL BIDDING INFORMATION/INSTRUCTIONS TO BIDDERS

C.1 GENERAL INFORMATION

C.1.1 INVITATION TO BID DOCUMENT AVAILABILITY

C.1.1.a ITBs, ADDENDA AND ATTACHMENTS: ITBs, including all Addenda and most attachments, are posted on the Oregon Procurement Information Network (ORPIN) as part of the solicitation document and will not be mailed to prospective Bidders. Bidders without access to the ORPIN System may download copies at a Plan Center, or the ODOT Procurement Office address listed on Page One (1) of the ITB.

C.1.1.b ATTACHMENTS: Some exhibits and attachments cannot be viewed or downloaded through the ORPIN System. In these cases, on Page One (1) of the ITB, the solicitation will include instructions on how to obtain these documents.

C.1.1.c ADDENDA: Addenda are incorporated with the original solicitation as attachments and can be viewed and downloaded by registered Suppliers.

Bidders should consult the ORPIN System regularly until closing to avoid missing any Addenda.

C.1.2 SUPPLIERS LIST

C.1.2.a To be listed on the suppliers list, interested parties must be registered on the ORPIN System. Suppliers can register in the ORPIN System at: orpin.oregon.gov

C.1.2.b Interested parties who download ITB documents from the ORPIN system will automatically be added to the suppliers’ list.

C.1.2.c Interested parties who obtain the ITB documents from other means may add themselves to the suppliers’ list in the ORPIN System.

C.1.2.d Interested parties who have registered on the ORPIN System are responsible for making sure information is correct and accurate. The State of Oregon assumes no responsibility for the content of the interested parties’ information shown on the ORPIN System.

C.1.3. RESERVED

C.1.4 TRADE SECRETS: Any information Bidder submits in response to the ITB that Bidder considers a trade secret under ORS 192.501(2) or confidential proprietary information, and that Bidder wishes to protect from public disclosure, must be clearly labeled with the following: “This information constitutes a trade secret under ORS 192.501(2) or confidential proprietary information, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS Chapter 192.” Bidders are cautioned that price information submitted in response to an ITB is generally not considered a trade secret under the Oregon Public Records Law. Further, information submitted by Bidder that is already in the public domain is not protected. ODOT shall not be liable for disclosure or release of information when authorized or required by law or court order. ODOT shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473 (3).

C.1.5 SOLICITATION LAW AND RULES: This ITB and the resulting Contract are governed by Oregon Law. Specific laws and rules that govern the solicitation process are found in Chapters 279A and 279C of the Oregon Revised Statutes and the Attorney General’s Model Public Contract Rules (“Model Rules”) OAR 137 Divisions 046 and 049, as adopted and modified by the Department of Transportation Rules OAR 731, Divisions 146 and 149. The ITB and resulting Contract may be subject to other laws and rules. Bidders should obtain and become acquainted with the applicable provisions of the above laws and rules. Copies may be obtained as follows:

C.1.5.a OREGON REVISED STATUTES (ORS 279A and 279C) – May be obtained from Legislative Counsel Committee, S101 State Capitol, Salem, OR97310-0630. Phone (503) 378-8146, or on line at:

C.1.5.b OREGON ATTORNEY GENERAL’S MODEL PUBLIC CONTRACT RULES (OAR 137 Divisions 046 and 049) – May be obtained from the Department of Justice, PublicationsCenter, 16 JusticeBuilding, Salem, OR 97310. Phone (503) 378-2663 or on line at:

C.1.5.c ODOT’s ADMINISTRATIVE RULES RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES (OAR 731 Divisions 146 and 149) May be obtained on-line from the following links:

C.1.6 STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS In addition to the solicitation laws and rules, this ITB and the resulting Contract are governed by the STATE OF OREGON GENERAL CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS, January 1, 2008 Edition (“General Conditions”) which, although not physically attached, are incorporated herein by reference as an Attachment with the same force and effect as though fully set forth herein. The General Conditions can be obtained from the Department of Administrative Services, 1225 Ferry Street SE U140, Salem, OR 97301-4285, by telephone (503) 378-4642 or on line at: General Conditions for Public Improvement Contracts January 1, 2008 Edition

C.1.7.a RESERVED

C.1.8 BRAND NAME USAGE:

C.1.8.a BRAND NAME: Any brand name listed in the specifications without an "or equal" or an "or approved equal" shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the brand name listed is not mandated pursuant to a brand name exemption.

C.1.8.b BRAND NAME "OR EQUAL” OR AN “OR EQUIVALENT”: Any brand name listed in the specifications with an "or equal" or an “or equivalent” shall establish the minimum requirements for quality, utility, durability, function, and purpose. Other brand names may be used in the construction of the project as long as they are equal to or better than the product brand named, and the proposed product has been approved in writing by the ODOT Procurement Office prior to installation, as detailed in Section C.2, and the brand named is not mandated pursuant to a brand name exemption.

ODOT shall determine, in its sole discretion, whether a product offered is "or equal".

C.2 SOLICITATION PROTEST; REQUEST FOR CHANGE; REQUEST FOR CLARIFICATION; REQUEST FOR BRAND NAME/PRODUCT SUBSTITUTION

C.2.1 PROCEDURE: The appropriate means of seeking clarifications or modifications to provisions of an ITB are through (a) requests for approval of an "or approved equal" or an "or approved equivalent" (b) requests for clarification; (c) formal submittal of requests for changes to contractual terms or Specifications or Plans;and (d) formal submittal of protests of contractual terms or Specifications or Plans. Any Bid response that includes non-approved alternate product brands where approval is required, or that takes exception to the Specifications or Plans or contractual terms of the ITB may be deemed non-responsive and may be rejected.

C.2.2 METHOD OF SUBMITTING REQUESTS FOR MODIFICATION OF ITB PROVISIONS: Envelopes containing requests for brand approval, requests for substitution, requests for clarification, requests for change, and Bid protests shall be marked as follows:

Bid Request for:

Brand Approval/Request for Substitution/Request for Clarification/Request Change/Protest

ITB Number

Closing Date

Closing Time

and must be received by the Single Point of Contact listed on Page One (1) of the ITB no later than seven (7) days prior to the Closing. Unless this specific deadline is extended by subsequent Addenda, no requests for brand approval, requests for substitution, requests for clarification, requests for change or protests pertaining to provisions contained in the originally-issued ITB will be considered after the date specified herein.

C.2.3 REQUEST FOR APPROVAL OF AN "OR EQUAL" OR AN “OR APPROVED EQUIVALENT”: Pursuant to Section C.1.8.b, Bidders shall provide the named product unless another is approved through a request for approval of an "or approved equal", or an “or approved equivalent”, or a product exemption has been issued (ORS 279C.345). Other brands of equal quality, merit and utility will be considered upon proper submittal of the request with appropriate documentation.

C.2.3.a Requests shall be made in writing and be submitted to the Single Point of Contact listed on Page One (1) of the ITB. To be considered, the request for changes must be received by the deadline specified in Section C.2.2.

  • Requests shall provide all the information necessary for ODOT to determine product acceptability.
  • Failure to provide sufficient information with the request shall be cause for the request not to be considered as equivalent
  • Any product subsequently approved for substitution shall be listed on an Addendum issued by the ODOT Procurement Office and posted on ORPIN System.

C.2.4 REQUEST FOR CLARIFICATION: Any Bidder that finds discrepancies in, or omissions from any provision of the ITB, Plans, Specifications, or Contract Documents, or has doubt as to the meaning, shall make a request for clarification in writing, to the Single Point of Contact listed on Page One (1) of the ITB. To be considered, the request for clarification must be received by the ODOT Procurement Office by the deadline specified in Section C.2.2.

C.2.5 REQUEST FOR CHANGES TO CONTRACTUAL TERMS OR SPECIFICATIONS OR PLANS: Any Bidder may submit a request for changes to contractual terms, Plans, or Specifications, in writing, to the Single Point of Contact listed on Page One (1) of the ITB. To be considered, the request for changes must be received by the ODOT Procurement Office by the deadline specified in Section C.2.2. The request shall include the reason for requested changes, supported by factual documentation, and any proposed changes.

C.2.6 PROTEST OF SOLICITATION OR CONTRACT TERMS AND CONDITIONS OR SPECIFICATIONS: Any Bidder may submit a protest of solicitation terms and conditions, contract terms and conditions or specifications, in writing, in accordance with OAR 137-049-0260 to the Single Point of Contact listed on Page One (1) of the ITB. To be considered, the protest must be received by the ODOT Procurement Office by the deadline specified in Section C.2.2. The protest shall include the legal and factual grounds for the protest, a description of the resulting prejudice to the Bidder if the protest is not granted, and any proposed changes.

C.2.7 RESPONSE TO REQUESTS FOR CLARIFICATION: Clarifications, whether verbal, in writing, or included in an Addendum as a "clarification," do not change Plans, Specifications, contractual terms, or procurement requirements of an ITB. If a request for clarification raises an issue that ODOT determines should be handled by formally amending the ITB, ODOT will do so only by announcing such a change in an Addendum, not through information identified as a "clarification."

C.2.8 RESPONSE TO REQUESTS FOR BRAND APPROVAL, REQUESTS FOR SUBSTITUTION, REQUESTS FOR CHANGE AND PROTESTS: The ODOT Procurement Office shall promptly respond to each properly-submitted written request for brand approval, request for substitution, request for change, and protest no less than three (3) business days before the Closing. Where appropriate, the ODOT Procurement Office will issue ITB revisions via Addendum posted on the ORPIN System. ODOT may also informally respond to Bidder questions.

HOWEVER, INFORMAL RESPONSES DO NOT AFFECT THE PROVISIONS OF THE ITB. PLANS, SPECIFICATIONS, CONTRACTUAL TERMS, AND PROCUREMENT REQUIREMENTS OF THE ITB CAN ONLY BE CHANGED VIA ADDENDUM ISSUED BY THE ODOT PROCUREMENT OFFICE AND POSTED ON THE ORPIN SYSTEM.